Common Errors in Immigration Applications

INZ have recently published several communications through their website, and separately to immigration advisers and lawyers regarding decision-ready applications, those applications which have all the required information and documentation for an INZ case officer to process quickly.

Funds: There are a large number of reasons why an application may be declined, and often it depends on the country the applicant is from. For example, applicants from less developed countries may have difficulty proving the source of their funds, particularly when cash is the common medium of exchange. In some South East Asian countries, it is common for applicants to fund study in New Zealand via the sale of vehicles or homes, often without any clear documentation of how that occurred, like a deed of sale. INZ will often question large deposits, or patterns of deposits into bank accounts. The onus is on the applicant to prove that they legitimately own those funds and they are from a legitimate source.

There are monetary requirements for most visas, which many people are not aware of. This is usually not an issue for an applicant applying for a work visa, as their employment agreement is considered a source of funds (even though they don't actually have those funds yet). Visitors need to have a certain amount of money available to them, to maintain themselves while they are here. This varies depending on their accommodation.

Funds in the context of investor visas is too broad of a subject to cover here, but you can find more information by reading the INZ website on this issue here.

Character: applicants need to be of good character to enter/stay in New Zealand. This is not limited to criminal convictions, but includes past immigration-related behavior, including withholding information, or providing false and misleading information - including the little tick boxes in your application.

In terms of criminal convictions, the bar is set quite high, with relatively low-level offences, where a person could be sentenced to prison for 3 months or more not meeting the character requirements for entry. This can include crimes committed in New Zealand, or overseas (where a New Zealand court would have the power to impose a 3 month imprisonment sentence). But this depends upon the visa type, and upon the personal circumstances of the applicant.

Police character checks will usually reveal convictions. I have dealt with cases where applicants have attempted to have their criminal records sealed or removed (similar to the Clean Slate Act 2004), but it is worth noting that the law(s) which allow that to occur in your country, do not apply here.

Health: just like character above, medical issues are generally decided on a case-by-case basis. Applicants need to establish that they are of an acceptable standard of health (ASH). If they are not ASH, they will not be eligible for a visa unless certain situations occur, like a medical waiver, etc (that's beyond the scope of this article). Applicants will ordinarily have to go through medical checks with an INZ approved doctor/medical practice. That often includes chest X-Rays, blood tests, and other general medical check ups. Your medical records will be examined, including mental health concerns. INZ want to make sure applicants will not be a burden on the health system. Learning and developmental disorders fall under this scope too, when the visa is for a child. INZ have a publicly available list of disorders that are deemed to impose significant cost to tax payers.

Skills and Education: applicants applying for work visas, which are employer-led, like the AEWV, will need to establish that they are suitably qualified for the role (according to ANZSCO - which you can read more about here). Applicants are usually considered qualified by having a relevant degree, that has either been assessed by NZQA/an occupational body capable of qualification assessment, OR a degree that is exempt from assessment. In the absence of a qualification, a certain number of years' work experience may suffice, but this must be demonstrable with documentation to establish that experience. It is important to note however, that these skill/qualification requirements are not necessarily the same, and frequently differ from Green List requirements, which are typically more strict, or require a certain income.

Bona fides: essentially, this comes down to being a genuine applicant, coming to New Zealand for a genuine, lawful purpose, and can be confusing and contradictory at times. An example might be an applicant coming to visit New Zealand, who has previously claimed asylum in NZ, or abroad. INZ will often take the view that the visitor visa application isn't really to visit as a genuine tourist, but to lodge another asylum claim. Another example may be an applicant applying for a student visa for a subject that does not necessarily reflect their work/education background/interests, i.e. that they are looking for a way to get into New Zealand, because they wouldn't qualify under a visitor visa, or work visa.

As always, this information is intended to be viewed as general information and does not constitute specific immigration advice to your situation. If you want to discuss any of these issues, or something else, you can book in a free 15 minute consultation here.