R5.45 Approval in principle (28/08/2017)

1. An application for a residence class visa is approved in principle at such time as an immigration officer is satisfied that all requirements necessary to demonstrate eligibility under the relevant instructions have been met with the exception of:
   1. the payment of any ESOL tuition fee; or
   2. transfer and/or investment of funds, as required under the relevant category of residence.
2. The date of approval in principle is the date of the letter to the principal applicant or their agent advising that approval in principle has been given.
3. An initial period of time must be given to applicant(s) to fulfil outstanding requirements, which may include the provision of an acceptable travel document for the principal applicant required to grant a residence class visa.
4. If the outstanding requirements have not been fulfilled within the period specified, the application must be declined unless an immigration officer is satisfied that circumstances warrant extending that period, as outlined in paragraphs (e)–(f) below.
5. Immigration officers must consider any relevant circumstances in deciding whether or not to decline an application approved in principle in terms of (d) above, including but not limited to:
   1. the death of a family member;
   2. illness;
   3. loss or theft of documentation.
6. Following consideration of the relevant circumstances in (e) above, an immigration officer may, if appropriate, extend the initial approval in principle period.
7. Where appropriate, more than one approval in principle letter may be issued to allow the principal applicant time to fulfil outstanding requirements.

   Example: An applicant under a Migrant Investment category may be approved in principle and given an initial period of time to fulfil transfer and investment requirements. Once acceptable evidence of transfer and investment has been confirmed by INZ, a further letter may be issued to give the applicant time to submit passports and make payment of ESOL tuition fees.

R5.45.1 Information received after approval in principle has been given

In accordance with the principles of fairness and natural justice provided in the Administration chapter (A1), principal applicants must be given the opportunity to comment on the basis of any potentially prejudicial information that comes to light after approval in principle, before a final decision on their eligibility under residence instructions (including Health and Character requirements) is made.

Effective 28/08/2017