A5.45 Applicants normally ineligible for a temporary entry class visa unless granted a character waiver (01/07/2021)

Applicants who will not normally be granted a temporary entry class visa, unless granted a character waiver include any person who:

1. has been convicted at any time of an offence against the immigration, citizenship or passport laws of any country; or
2. in the course of applying for a New Zealand visa, has made any statement or provided any information, evidence or submission that was false, misleading or forged, or withheld material information; or
3. at the time of application:
   1. has been charged with an offence, which on conviction, would make section 15 of the Immigration Act 2009 apply to that applicant; or
   2. is under investigation for such an offence; or
   3. is wanted for questioning about such an offence; or
4. has been convicted at any time of:
   1. any offence for which they have been imprisoned; or
   2. an offence in New Zealand for which the court has the power to impose imprisonment for a term of three months or more; or
5. in support of any application by another person for a New Zealand visa (or a permit under the Immigration Act 1987), has made any statement or provided any information, evidence or submission that was false, misleading or forged.

Note:
- When considering whether or not an applicant has committed an act that comes under A5.45 (b) or (e) above, immigration officers should establish whether, on the balance of probabilities, it is more likely than not that the applicant committed such an act.
- A5.45 (d) does not apply to individuals undergoing an appeal process against their liability for deportation who have applied for a temporary entry class visa of the same class and type they currently hold.
- For the avoidance of doubt, any offence in New Zealand that has the potential to result in a term of imprisonment of three months falls within the scope of A5.45(d)(ii). This includes, but is not limited to, potential sentences "not exceeding three months" or "up to and including three months".

A5.45.1 Action

1. An immigration officer must:
   1. not automatically decline the application; and
   2. if applicable consider, the significance of the false, misleading or forged information provided, or information withheld, and whether the applicant is able to supply a reasonable and credible explanation or other evidence indicating that in supplying or withholding such information they did not intend to deceive INZ;
   3. consider whether the applicant's reason for travel to New Zealand, and any surrounding circumstances, are compelling enough to justify making an exception to the character requirement, taking into account the public interest; and
   4. record reasons for deciding whether to waive or decline to waive the good character requirements; and
   5. if they decide to decline the application, raise an 'Alert' against the applicant.
2. Any decision to determine the application in accordance with A5.45 must be made by an immigration officer with Schedule 1 - 3 delegations.

A5.45.5 Information, evidence or submission connected to a report of migrant exploitation

1. Despite A5.45 (b) above, any false, misleading or forged statement, information, evidence or submission, or the withholding of material information provided in the course of applying for a New Zealand visa may be disregarded where:
   1. an immigration officer is satisfied it is connected to a report of exploitation made to the Ministry of Business, Innovation and Employment (MBIE), and
   2. MBIE has assessed that it is credible that exploitation may have occurred (see WI20).
2. For the avoidance of doubt, A5.45 (b) does apply to an applicant who provides any false, misleading or forged statement, information, evidence or submission, or withholds material information in the course of applying for a Migrant Exploitation Protection Visa, including in the report of exploitation.

Effective 01/07/2021