SM3.10 Provision of evidence

1. Applicants must provide sufficient evidence to demonstrate that:
   1. the principal and any secondary applicants meet health, character and English language requirements, and
   2. the principal applicant qualifies for points claimed for employability and capacity building factors.
2. An application must be declined if an immigration is not satisfied that sufficient evidence (as set out in (a) above), has been provided.

SM3.10.1 False or misleading information in an Expression of Interest

1. It is sufficient grounds to decline a Skilled Migrant Category resident visa application made under SM instructions if:
   1. false or misleading information was provided as part of the associated Expression of Interest (EOI); or
   2. relevant, potentially prejudicial information was withheld from the associated EOI; or
   3. an applicant or their agent failed to advise an immigration officer of any fact or material change in circumstances that occurs after an EOI is submitted that may affect a decision to invite the person to apply for a resident visa or to grant a resident visa.
2. A decision that false or misleading information was provided does not require an immigration officer to determine whether or not the applicant personally:
   1. knew that the information was false or misleading; or
   2. knew that such information was provided to INZ (for example by their agent); or
   3. intended to deceive Immigration New Zealand through their actions or inaction.
3. A decision that relevant, potentially prejudicial information was withheld requires an immigration officer to be satisfied that the applicant, or their agent, knew that information, but does not require an immigration officer to determine whether or not the applicant personally intended to withhold information, or deceive Immigration New Zealand through their actions or inaction.
4. In cases where an applicant had an agent acting on their behalf, a decision that false or misleading information was provided does not require an immigration officer to determine whether or not the agent knew that the information was false or misleading.

SM3.10.2 Deciding whether to decline a Skilled Migrant Category (SM) application for false, misleading or withheld information in the associated Expression of Interest

1. Where an immigration officer determines that false or misleading information was provided, or relevant, potentially prejudicial information was withheld, in an associated EOI, the residence application under the Skilled Migrant Category (SM instructions) is to be normally declined.
2. Despite SM3.10.2(a), an immigration officer must not decline the application under SM.3.10.1(a) without considering the circumstances of the application.

Effective 25/09/2023