R2.40 Mandatory requirements for lodging an application for a residence class visa

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R2.40 Mandatory requirements for lodging an application for a residence class visa

See also Immigration (Visa, Entry Permission, and Related Matters) Regulations 2010, Reg 5, 20 and 23A.

Unless RV1.10.10 or R2.40.1 applies, an application for a residence class visa made outside an immigration control area must:

  1. be made on an approved form; and
  2. be completed in English; and
  3. be signed by the applicant (unless the applicant is less than 18 years old, in which case it must be signed by a parent or guardian of the applicant); and
  4. include all dependants of the principal applicant where they hold or have applied for a temporary entry class visa based on their relationship to the principal applicant; and
  5. be given to an immigration officer together with the following material:
    1. the applicant's passport (or a certified copy) or certificate of identity (or a certified copy), or if this is unavailable, his or her original full birth certificate (or a certified copy) or other identity document (or a certified copy); and
    2. two passport-sized photographs of the applicant’s head and shoulders; and
    3. an original or certified copy of the applicant's full birth certificate or, if this is unobtainable, an original or certified copy of an identity card; and
    4. the appropriate fee and immigration levy(if any); and
    5. any information and evidence required by the relevant immigration instructions that shows that the principal applicant fits the category or categories of residence instructions under which the application is being made; and
    6. a completed Medical Certificate for the applicant that is less than three months old, unless A4.20(d) applies; and
    7. a completed Chest X-ray Certificate for the applicant that is less than three months old (except for pregnant women and children under the age of 11), unless A4.20(d) applies;
    8. a police or similar certificate, less than 6 months old, indicating the applicant's record of convictions or lack of convictions for their country of citizenship and for each country in which they have lived for 12 months or more during the past 10 years (except for applicants under 17 and except where the authorities of any such country will not generally provide certificates), unless A5.10(d)(iv) applies; and
    9. any other information, evidence and submissions that the principal applicant considers show fully that they are eligible to be granted a residence class visa in terms of the applicable residence instructions.

Note: Medical and Chest X-ray Certificates may be submitted directly to Immigration New Zealand by the physician who completed the examination.

R2.40.1 Mandatory requirements for lodging an online application for a residence class visa

See also Immigration (Visa, Entry Permission, and Related Matters) Regulations 2010, Reg 23A.

  1. An application for a residence class visa may be made online if electronic forms have been provided for that purpose by Immigration New Zealand [the Ministry of Business, Innovation and Employment].
  2. The application must be made using the electronic form provided.
  3. The electronic form requires the applicant to:
    1. complete the form in English; and
    2. state his or her full name; and
    3. state his or her date and place of birth; and
    4. state the details of his or her passport or certificate of identity; and
    5. upload a photograph of the applicant’s head and shoulders that complies with the standards specified for the purpose by the Immigration New Zealand [Ministry of Business, Innovation and Employment]; and
    6. produce the information and evidence required by immigration instructions to demonstrate he or she fits the residence class visa category under which he or she is applying; and
    7. acknowledge that the details supplied in support of the application are true and correct to the best of the applicant’s knowledge; and
    8. agree that, if his or her circumstances change before any visa is granted, or before the application is determined, the applicant will notify an immigration officer of the change; and
    9. pay the prescribed fee or arrange for its payment in a manner acceptable to the immigration officer processing the application; and
    10. pay the immigration levy that is payable by the applicant (if any), or arrange for its payment in a manner acceptable to the immigration officer processing the application.

R2.40.2 Mandatory requirements for lodging an application for a resident visa at an immigration control area

See also Immigration Act 2009 ss 4, 28

See also Immigration (Visa, Entry Permission, and Related Matters) Regulations 2010, Regs 7, 8

  1. An application for a resident visa can be made at an immigration control area by:
    1. an Australian citizen;
    2. a holder of Australian permanent residence visas (including a resident return visa)
    3. a person who previously held a resident visa.
  2. An application for a resident visa made by a person described in (a) at an immigration control area must:
    1. be made on the approved form; and
    2. relate to only one person; and
    3. be completed in English; and
    4. be signed by the applicant, unless the applicant is less than 18 years old, in which case it must be signed by a parent or guardian (if the applicant is accompanied by a parent or guardian), or it is not required to be signed (if the applicant is not accompanied by a parent or guardian); and
    5. be given to an immigration officer together with the applicant’s passport or certificate of identity.
  3. A person who meets (a)(i) or (ii) above and is eligible to use the automated electronic system, may meet the requirements at (b)(v) above by giving their passport to the automated electronic system.

R2.40.5 Definition of 'current'

'Current’ means, in relation to any document provided in support of an application or Expression of Interest, to meet:

  1. mandatory requirements for lodgement of an application; or
  2. other evidential requirements of residence instructions,

that, at any relevant stage during the life of an application or an Expression of Interest (e.g. at the time an application or Expression of Interest is lodged, during assessment of the application or Expression of Interest and at the date of final decision on an application), that document is not expired.

R2.40.10 Authority to waive mandatory requirements

Immigration officers may only waive those mandatory requirements for which they have delegated authority to make a special direction.

R2.40.15 Requests for applications to be lodged otherwise than on an approved form

See also Immigration (Visa, Entry Permission, and Related Matters) Regulations 2010, Regs 21, 22

  1. The Immigration (Visa, Entry Permission, and Related Matters) Regulations 2010 allow for applications to be made otherwise than on the approved form. The purpose of these provisions is to allow for applications for visas to be processed rapidly, where the decision to grant or refuse a visa is straightforward and in an immigration officer’s view any verification requirements are minor in nature.
  2. Because of the complex nature of residence class visa applications and the high level of verification required, requests to lodge residence class visa applications otherwise than on the approved form will normally be refused.

R2.40.20 Evidence of identity

  1. Mandatory requirements (see R2.40 above) relating to proof of identity require applications to include full birth certificates for every applicant, which usually state:
    1. the applicant's name; and
    2. their date of birth; and
    3. their place of birth; and
    4. the names and occupations of their parents.
  2. If a full birth certificate is unobtainable, the applicant may submit an identity card.
  3. A full birth certificate is considered to be obtainable even if there is a possible delay or expense in obtaining it.

Effective 07/05/2018

PREVIOUS IMMIGRATION INSTRUCTIONS

R2.40 Mandatory requirements for lodging an application for a residence class visa (08/05/2017)

R2.40 Mandatory requirements for lodging an application for a residence class visa (17/11/2014)

R2.40 Mandatory requirements for lodging an application for a residence class visa (17/11/2014)

R2.40 Mandatory requirements for lodging an application for a residence class visa (18/04/2014)

R2.40 Mandatory requirements for lodging an application for a residence class visa (30/07/2012)

R2.40 Mandatory requirements for lodging an application for a residence class visa (04/04/2011)

R2.40 Mandatory requirements for lodging an application for a residence class visa (29/11/2010)

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