2012-Jan 20: Confirmation of Visa

Visa Pak 48: Guidelines for Immigration Officers for Confirmation of Visa applications, and which process to take depending on whether the client is in AMS or not.

Visa Paks

20 Jan 2012

Confirmation of Visa: provide clarification to branches of the process for confirming residence visas.

Follow the guidelines below on the process for confirming residence visas.

Requests are often made to INZ branches and the Immigration Contact Centre by clients wanting confirmation that they hold a residence visa.  Confirmation of residence is often needed to claim a benefit from MSD or W&I.

Some branches are processing requests for Confirmation of Visas (CoV), where AMS does not clearly indicate that the person holds residence, as Privacy Act or Official Information Act requests and sending requesters a letter confirming their status, signed by a privacy officer and not an immigration officer. This is incorrect.

Risk of processing such requests as information requests, when AMS does not support this:

  • A thorough investigation of the client’s eligibility for a residence visa has not been completed by an Immigration Officer. Immigration instructions (R7.10) only authorise a delegated immigration officer, not a privacy officer, to confirm residence status (see Appendix One).
  • Fraudulent benefit claims may result from confirmation of a residence visa without supporting documentation.
  • Loss of revenue from the application fee.

Processes
There are two different processes for confirming visas; one for clients whose AMS records do indicate they hold a residence visa and one for clients whose AMS records do not indicate they hold a residence visa.

  1. AMS records do confirm the requestor as a residence visa holder
    This process is for clients who request a letter confirming that they hold a residence visa and details about when this was conferred. It is sufficient that this request is made by letter. For example, the client requests confirmation that they hold a residence visa and have done so for two years and this information is available on AMS e.g. AMS shows the approval of a residence visa or the conditions of a visa (AMS – View Label Details).

    This is an information request, should be raised as a PA request, and may be processed by a Privacy Officer. There is no fee as the Regulations only specify a fee for confirmation as an endorsement and not for a response to an information request.  Furthermore, a fee cannot be charged for a request under the Privacy Act.

    Requests made at the front counter for confirmation of visa where AMS confirms residence, should be treated as PA requests. 
  2. AMS records do not confirm the requester as a residence visa holder
    This process is for clients who request confirmation that they hold residence and details about when this was conferred but where AMS does not confirm this.

    This is not an information request, as INZ does not ‘hold’ the information. (i.e. we have no record of them being granted a resident visa). If this information was requested by letter then the request must be declined under section 29(2) (b) Privacy Act as the information does not exist.

    Clients should be advised to complete an 'Application for Confirmation or Transfer of Visa (INZ1023), and submit with the evidence requested on the form, and the application fee.

    This is an application and must be processed by an Immigration Officer and a label may be issued.  If the customer does not have a passport, then a letter may be provided as a response.  Any other information requested, such as when residence was granted, should also be provided in the response letter.

    Whether or not the response is a letter or label, the application form (INZ1023), and fee will still need to be provided to recover the cost of work undertaken by INZ.

Summary
Where a customer wants a Confirmation of Visa endorsed as label in their passport, or where AMS does not confirm their residence, they must:

  • complete Form INZ 1023, Application for Confirmation or Transfer of a Visa and
  • provide their current and/or expired passport (if available), with any other evidence they have of their immigration status, and
  • pay the application fee.

Provided the customer holds, or is deemed to hold a residence class visa, a label may be endorsed in their passport.  See RA4 for more information about who is deemed to hold a residence class visa.

In some cases, a client may apply for a permanent resident visa rather than a confirmation of a visa.  If the client has been deemed to hold a resident visa (or residence visa under the 1987 Act) long enough to qualify for a permanent resident visa, this may be a more appropriate option, in particular if they intend to travel.  If the client intends to travel but submits a CoV form and fee, they should be advised to apply for PRV instead and pay the appropriate fee.

Request for Statement of Immigration Status
Some parents may request a Statement of Immigration Status (INZ 1137) for a child born after 01/01/2006 who was not declared a NZ Citizen at birth.

A17.5.1 refers to this as a request and specifies that no fee is required.  AMS does not have an application type for this request and consequently it should be entered on AMS as a Privacy Act request.  This may be processed by a privacy officer.

Officers must create the client in AMS and then send a letter confirming whether or not the child is deemed to hold a residence visa (A17.5.1).

Immigration Contact Centre
If a person contacts the Immigration Contact Centre (ICC) requesting a Confirmation of Visa, the Customer Services Officer should advise them, as above, according to whether or not AMS records confirm them as a residence visa holder.