2015-Jun 05: Purpose of Entry

Visa Pak 214: Clarification for staff on the 'purpose of entry' for those applying for visitor visas to New Zealand. Includes advice for offshore offices and border staff.

Visa Paks

5 June 2015

Purpose of Entry

Previous advice regarding "purpose of entry" remains valid and is provided again below. In response to some recent events at the Border, further clarification is being provided.

Further clarification

Look, See and Decide is intended for people who have come to New Zealand to evaluate their potential to get work and settle here; it is not intended for people who:

  • already have a job offer; and/or
  • have already sold their house, given up their job and have otherwise cut their connections to their home country.

There is a misconception, particularly in some markets, that it is more convenient for people in these situations to apply for a work or residence visa onshore. However, these people have already decided that they would like a future in New Zealand and may face problems at the border if they try to enter on a look, see and decide basis; they may be turned around as not bona fide or allowed in on a shorter temporary visa than they would like.

If any customer or adviser is unsure as to whether a customer would be allowed to enter on a Look, See and Decide basis, then they should be advised to seek advice from the ICC or to apply for the appropriate visa offshore.

Previous advice

Arrival Card entries and Visa applications for customers attending job interviews or visiting to "Look, see and decide."

There is some confusion as to the correct declaration on an arrival card and its consequences when people enter New Zealand for the following reasons:

When the main purpose of the visit is a holiday but they are also considering living and working in NZ in future or For the purpose of a job interview

This following provides guidance on such issues:

Offshore branches

Visa applications for the purpose of a job interview

Request the invitation letter from the employer which outlines the date, time, place and position of the job interview.

Ask for the applicant's qualifications and employment references to ensure he/she is qualified for the job for which they are being interviewed.

As appropriate, verification/interview may be required - balance the risk of genuine purpose and strong ties in their home country. A visitor visa (usually 1mth) may be approved if the application appears to be straight forward. A limited visa may be issued to mitigate possible risk of non-compliance.

Alternatively, contact the company in NZ and find out more about the job interview.

Visa applications to "look, see and decide"

If an applicant declares on the application form that the purpose of their visit is to holiday but also to assess whether they want to live and work in New Zealand ("look, see and decide"), then these should be considered on a case by case basis (as usual), with particular care to assess the likelihood of obtaining lawful work in New Zealand and the risk of non-compliance.

Some immigration advisors encourage applicants from visa waiver countries to apply for a visitor visa when travelling to New Zealand for the purpose of a job interview. This enables the assessment of the application to be completed offshore which is preferable to being assessed at the Border and may prevent a wasted journey.

Arrival at the New Zealand border

Both visa waiver and visa required travellers
Passengers must:

  • make a full and honest declaration of their intent if questioned
  • meet the minimum funds requirement
  • meet the outward ticket back to home country requirement
  • meet the valid passport requirement.

If a person has not already been granted a visa offshore and declares on their arrival card or at the Border that they intend to ‘look and see’ or attend a job interview, the Border staff will assess:

  • the likelihood of them breaching the conditions of their visa
  • the likelihood of them overstaying.

If there are concerns about either of these then officers at the border may consider the demand for their skills in New Zealand and the likelihood of them obtaining work, based on their skills and qualification, to assist in their assessment.

Onshore

Successful interviewees

If a person enters New Zealand on a visitor visa to "look and see" or for the purpose of a job interview and is subsequently offered a job, then they may apply onshore for a work visa.

Visitor visa holders who apply for a work visa onshore and have previously declared on their arrival card that the MAIN reason for coming to New Zealand is for a "Holiday/vacation" should not be sent a Potentially Prejudicial Information (PPI) letter raising character issues based on providing false and misleading information provided that they were honest about their intentions if interviewed at the border. The fact that they have obtained a job offer does not necessarily mean that their stated MAIN reason for coming to New Zealand was falsely declared.

If an applicant returns home after a successful interview to finish business, resign from their current position etc. then they will then need to apply for and be granted a work visa (offshore) to return to the job they have secured.


Disseminate to advisers if appropriate.