R5.20 Assessment of applications under nominated category (02/12/2013)

1. Immigration officers need only assess applications under the category the principal applicant nominates.
2. Officers are not obliged to seek further information to determine whether the principal applicant may be eligible under another category.
3. However, officers should request further information to enable the application to be assessed under another category if:
   1. an application does not meet the criteria for approval under the category in which it was made; and
   2. information contained in the application form or accompanying documents clearly indicates that the principal applicant may be eligible under that other category.

Note: Resident visas can only be granted under the Skilled Migrant Category to a person who has been invited by an immigration officer to apply for a residence class visas under the Skilled Migrant Category.

R5.20.1 Further information

See also Immigration Act 2009 ss 58, 93, 158

1. Further information may be submitted at any time before a final decision is made on an application. Immigration officers must take into account any relevant information submitted by applicants before a final decision is made.
2. Immigration officers should also take into account any relevant information held about previous applications.
3. If applicants do not respond within the specified time to a request from an immigration officer for further information, evidence or documents, or an interview, the application may be assessed on the relevant information then available to INZ, unless it is reasonable to enquire further.
4. Applicants must inform an immigration officer of any relevant fact, including any material change in circumstances that occurs after the application is made, if that fact or change in circumstances:
   1. may affect the decision on the application; or
   2. may affect a decision to grant entry permission to the holder of a visa.
5. Every person expressing an interest in obtaining an invitation to apply for a residence class visa under section 92 of the Immigration Act 2009 must inform an immigration officer of any relevant fact, including any change in circumstances that occurs after the expression of interest is notified, if that fact or change in circumstances:
   1. may affect the decision to issue an invitation to apply for a residence class visa; or
   2. may affect a decision to grant a residence class visa as a consequence of the invitation to apply.
6. A change in circumstances may relate to the applicant or another person included in the application, and may relate to any matter relevant to the applicable instructions.
7. Failure to comply with the requirements of (d) or (e) above:
   1. amounts to 'concealment of information' for the purposes of section 158 of the Immigration Act; and
   2. may lead to the holder of any visa granted being made liable for deportation.
8. It is sufficient grounds for the Minister of Immigration or an immigration officer to decline to grant a visa to a person if the Minister or officer is satisfied that the person:
   1. whether personally or through an agent, in expressing their interest in obtaining an invitation to apply for a residence class visa submitted false or misleading information, or withheld relevant information that was potentially prejudicial to the issue of the invitation; or
   2. did not ensure that an immigration officer was informed of any material change in circumstances between the time of expressing interest and the time of the person's application for the relevant visa; or
   3. whether personally or through an agent, in applying for the visa submitted false or misleading information or withheld relevant information that was potentially prejudicial to granting the visa; or
   4. did not ensure that an immigration officer was informed of any material change in circumstances between the time of making the application and the time of a decision on the application.

R5.20.5 Potentially prejudicial information

In accordance with the principles of fairness and natural justice set out in the Administration chapter (A1), applicants for a residence class visa will be given the opportunity to comment before a decision is made to decline to grant a visa on the basis of any potentially prejudicial information that they are not necessarily aware of.

R5.20.10 Documenting decisions

All immigration officers must observe the following procedures to ensure that decisions on applications for a residence class visa are properly documented:

1. make all file records (particularly file notes and instructions) accurate, clear, complete and factual; and
2. give all decisions on applications in writing to applicants (or their representatives); and
3. state the full reasons for the decisions (without prejudicing any risk profiles); and
4. if an applicant does not meet the criteria set out in the instructions on several grounds, the letter declining their application must state why the applicant fails on each count.

Effective 02/12/2013