R5.1 Applications determined by INZ officers

See also Immigration Act 2009 s 43, 72

1. Immigration officers must determine applications for residence class visas in accordance with:
   1. the requirements of the Immigration Act 2009; and
   2. residence instructions applying at the time the application is made.
2. Any discretion officers exercise must be in terms of the applicable residence instructions.
3. An immigration officer determining an application for a residence class visa from a person who is offshore must be satisfied that there is no reason to believe that the person would be refused entry permission, if the visa is granted.
4. When determining a residence class visa application under (c), an immigration officer should take into account the relevant Border Entry instructions in force at the time the application was made, but is not required to consider whether the person is likely to be granted entry permission as an exception to instructions.

Effective 8/12/2021