Lodging a temporary visa application

At a glance

E4 governs the lodging of temporary entry class visa applications. [E4]

Section E4.1 specifies who may be included in a temporary entry class visa application, including partners and dependent children, and defines critical terms such as dependent child, partner, and principal applicant. [E4.1]

Section E4.15 directs applicants to lodge their application at the INZ office, Visa Application Centre, MFAT post, or specified British post responsible for their location. [E4.15]

Lodging an application does not, by itself, make the applicant's presence lawful, grant a right to remain while the application is processed, give a right to apply for another visa, or prevent deportation. [E4.70]

How it works

Applicants must comply with the requirements set out in E4 for how an application for a temporary entry class visa is to be lodged. [E4]

Under E4.40, applications must be lodged in the prescribed manner. The prescribed manner is the manner that meets the mandatory requirements laid down for applications of the relevant type in the Immigration (Visa, Entry Permission, and Related Matters) Regulations 2010. [E4.40] Applications that are not lodged in the prescribed manner must not be accepted for processing (see [E4.45]).

Legal effect of lodging an application

For a person who is in New Zealand, merely lodging an application for a visa does not: [E4.70]

• render the person's presence in New Zealand lawful; [E4.70]
• give the person a right to remain in New Zealand while the application is considered; [E4.70]
• give the person a right to apply for or be granted any other visa pending determination of the application; or [E4.70]
• inhibit any deportation procedures under the Immigration Act 2009 that may apply to that person. [E4.70]

This means that an applicant who is unlawful at the time of lodgement remains unlawful, and a lawful applicant whose visa expires before a decision is made does not obtain any automatic right to stay. The lodging of an application does not shield the person from deportation or from enforcement action.

Mandatory lodgement requirements (E4.50)

The Immigration Instructions at E4.50 set out the mandatory lodgement requirements for different application types. [E4.50]

Approved paper form (E4.50.1)

For paper forms, the application must be on the relevant form completed in English, signed by the applicant (or parent/guardian if under 18), and submitted with:

• the applicant's passport (or certified copy), certificate of identity, or if unavailable, original birth certificate or other identity document; [E4.50]
• two passport-sized photographs; [E4.50]
• the appropriate fee and levies; [E4.50]
• evidence of funds for maintenance or sponsorship (except military visa applications); [E4.50]
• evidence required by the relevant immigration instructions to demonstrate eligibility; [E4.50]
• any other information the applicant considers relevant. [E4.50]

Electronic forms (E4.50.2)

For online applications (e.g., Working Holiday Scheme, Silver Fern), the applicant must complete the form in English and provide: full name, date and place of birth, passport details, upload a compliant photograph if prompted, evidence of eligibility, acknowledgement of truthfulness, agreement to notify INZ of changed circumstances, and payment of the prescribed fee, immigration levy, and International Visitor Conservation and Tourism Levy (IVL) if applicable. [E4.50]

Note: second Working Holiday Scheme work visas must be lodged on paper under E4.50.1. [E4.50]

Applications otherwise than on an approved form (E4.50.5 and E4.50.10)

An applicant or adviser may request an immigration officer to consider an application without the approved form. If the officer agrees, the applicant must supply: full name, date and place of birth, passport details, current or previous visa details, type of visa applied for, any other relevant information, and any information or evidence the officer requires. [E4.50]

The application must be completed with an acknowledgement of truth, agreement to notify of changes, payment of fees and levies, and signature (except if electronic or at an immigration control area). [E4.50]

The immigration officer may at any time before a visa is granted: refuse to consider the application further and require use of the approved form. If refused, the application is treated as not having been made; fees may be refunded or applied to a subsequent application. An accepted non-approved form application may be transferred between INZ offices without requiring the approved form or additional fees. [E4.50]

Applications at an immigration control area (E4.50.35)

Applications at the border must be on the approved form, in English, relate to one person, and signed by the applicant (or parent/guardian if under 18 and accompanied). The applicant must present their passport and, if held, evidence of any current temporary entry class visa. Eligible persons may use the automated electronic system. [E4.50]

Additional requirements after lodgement (E4.50.15, E4.50.40)

Before determining an application made on any form, the immigration officer may require: an interview, further information or evidence, a medical examination, travel tickets or onward travel arrangements, evidence of funds or sponsorship, and the applicant's passport if not already provided. [E4.50]

Children under 16 travelling alone or with one parent (E4.50.20)

Officers may request evidence that both parents have consented to the child being removed from the child's country of residence. [E4.50]

Licensing of immigration advisers (E4.50.25)

No immigration application or request on behalf of another person may be accepted if put forward by an unlicensed immigration adviser, unless the adviser is exempt from licensing. If accepted in error, the application must be refused. The person must be notified in writing and advised how to re-lodge. [E4.50]

Exemptions from licensing (E4.50.30)

Persons exempt include: those providing advice in informal or family context without fee; MPs and their staff; foreign diplomats and consular staff; public service employees within scope; lawyers with current practising certificate; community law centre employees/volunteers with lawyer supervisor; citizens advice bureau volunteers; persons providing advice only for study-related temporary visas; and any person exempted by regulation. [E4.50]

Address for communication (E4.50.45)

Every applicant must specify a New Zealand physical address for communication, notice, or visa delivery. An electronic address may also be provided. The applicant may later substitute a different address in writing. [E4.50]

Applications not lodged in the prescribed manner

• If an application is submitted by an unlicensed immigration adviser, it must be returned straight away [E4.45]. (Licensing requirements are set out in [E4.50] — see Licensing of immigration advisers).
• In all other cases (except the mandatory return for unlicensed adviser), INZ may, at its discretion, hold an application that is not lodged in the prescribed manner for a specified period to allow outstanding mandatory requirements to be met. However, such an application is not considered to have been lodged during the holding period [E4.45].
• INZ is under no obligation to hold an application that is not lodged in the prescribed manner and may decide to return it at any time [E4.45].
• If an application is lodged in an incomplete but minor and easily corrected manner, immigration officers may take the following steps [E4.45]:
  • receipt the application fee and levies;
  • hold the papers;
  • advise the applicant or agent that the application has not been made in the prescribed manner but is being held for a limited time to enable the mandatory requirements for lodgement to be met;
  • advise the applicant or agent which documents are required.
• In such a case, the applicant is given a specified time to complete the outstanding requirements. If the applicant does not comply within that time, the application may be returned and the fee refunded [E4.45].
• If an application is not lodged in the prescribed manner and the minor incomplete exception (E4.45(d)) does not apply, the application must be returned to the applicant or agent [E4.45].

Who may be included

Each principal applicant must lodge a separate application. [E4.1] The partner of a principal applicant, and dependent children less than 20 years old, may be included in an application for a visitor visa, limited visa (in certain circumstances), or transit visa if they intend to travel together. [E4.1]

For student, work, diplomatic, or military visa applicants, partners and dependent children must lodge a separate application for a temporary entry class visa appropriate to their needs. [E4.1] For example, a dependent child intending to attend school must apply for a student visa. [E4.1]

To be included, a partner must meet the definition in E4.1.20 (genuine and stable partnership); those who do not must apply in their own right. [E4.1] Dependent children (biological or adopted) are defined in E4.1.10: under 18, single, and financially reliant; or 18 or 19, single with no children of their own, and financially reliant. [E4.1] Evidence of the relationship of each included person to the principal applicant must be supplied. [E4.1]

All application requirements must be met by the principal applicant and each included applicant, except that applicants under 18 years of age are not required to sign the application. [E4.1]

Where to lodge

Applications should be lodged at the INZ office, Visa Application Centre, Ministry of Foreign Affairs and Trade (MFAT) post, or certain specified British posts responsible for receiving applications of that type from the geographical area or country in which the applicant currently lives. [E4.15] The current list of receiving offices is published on the INZ website. [E4.15]

If an application is not lodged at the appropriate office, it may be referred to the appropriate office. [E4.15]

Date an application is lodged and made

Lodgement date (E4.25)

A paper application is lodged on the date that INZ, or an office authorised to receive visa applications on INZ's behalf (including Visa Application Centres), receives it [E4.25]. An application made on an electronic form is lodged on the date (New Zealand time) that it is successfully submitted [E4.25]. If processed using AMS, the lodged date is referred to as the date 'tendered' [E4.25].

Date the application is made (E4.30)

An application is made on the date it is lodged only if, on that date, it is lodged in the prescribed manner (see [E4.50]) [E4.30]. Immigration officers assess whether all mandatory requirements for lodgement have been met [E4.30]. If an officer determines the application is not lodged in the prescribed manner and requests further documents (see [E4.45]), the application is made on the date INZ receives the last outstanding document needed to meet the prescribed manner for lodgement [E4.30].

Note: when processed using AMS, the date an application is made is referred to as the date 'accepted' [E4.30].

Receipt of applications

All application forms must be stamped with the date of the day on which they are lodged (see [E4.25]) with INZ, or with an office authorised to receive visa applications on INZ's behalf. Visa Application Centres are authorised for this purpose. [E4.35]

INZ staff must record the date any information or evidence submitted in support of an application is received in line with the guidelines set out in the Staff Toolkit. [E4.35]

Steps

The specific steps and required forms are prescribed in the Immigration Instructions at E4. [E4] Before lodging, applicants should confirm the correct receiving office for their location using the INZ website. [E4.15]

When including family members, evidence of relationship and, if a child under 16 is involved and the other parent is not accompanying them, evidence of the right to remove the child from their country of residence must be provided with the application. [E4.1]

The mandatory lodgement requirements differ by application type — see Mandatory lodgement requirements (E4.50) for full details. Applicants must ensure they provide all required documents, fees, and acknowledgements for their form type. [E4.50]

Interpretation & edge cases

Where to lodge — referral

Applications lodged at an incorrect office may be referred internally, but applicants should lodge at the correct office to avoid delays. [E4.15]

Processing office assignment

INZ has the discretion to determine at which office an application is processed. [E4.20] The processing office may differ from the receiving office where the application was lodged. [E4.20]

Key definitions from E4.1

• Principal applicant: For visitor and transit visas, the person declared as principal applicant on the application; for work, student, diplomatic, or military visas, the person applying for that visa; for limited visas, identified by express purpose (e.g. the person whose purpose is study, or the person being accompanied). All persons in the application are assessed against relevant instructions. [E4.1]
• Dependent child: Under 18, single, and totally or substantially reliant on the principal applicant and/or partner for financial support. For 18 or 19 years old, must be single with no children and financially reliant. Special dependency definitions also apply for dependent child visitor visas under V3.10 or V3.20. An unmarried child under 18 is presumed dependent. [E4.1]
• Partner: A person legally married, in a civil union, or in a de facto relationship that is genuine and stable. Polygamous partnerships: only one partner is eligible. [E4.1]
• Custody of children under 16: If the applicant is marrying a NZ citizen/resident or intends to stay 12+ months, and a child under 16 is included but the other parent is not, INZ must be satisfied the applicant has the right to remove the child. Evidence includes sole custody documents or a witnessed consent statement from the other parent. [E4.1]

Applications not lodged in the prescribed manner

• Mandatory return for unlicensed adviser: Even if the rest of the application is perfect, an application submitted by an unlicensed immigration adviser must be returned immediately [E4.45].
• No obligation to hold: INZ's power to hold a non‑compliant application is discretionary. An immigration officer may return the application at any stage before the requirements are met [E4.45].
• "Minor and easily corrected" assessment: What counts as minor is a factual decision for the immigration officer; E4.45 does not define it, giving officers considerable latitude [E4.45].
• Effect on the date the application is made: While an application is being held to allow correction, it has not been lodged, so the eventual "date the application is made" is postponed until the last required document is received (see [E4.30]). This can affect whether the applicant meets time‑sensitive criteria [E4.30][E4.45].
• Return and refund: If the applicant does not complete the outstanding requirements within the specified time, the application is returned and any fee paid is refunded – it is as if the application was never lodged [E4.45].

Applications made otherwise than on an approved form

• The immigration officer has discretion at any time to refuse to continue processing an application made without an approved form and require use of the proper form. If this occurs, the application is treated as not having been made, and any fees may be refunded or credited toward a subsequent application. [E4.50]
• If an application accepted without an approved form is later transferred between INZ offices for finalisation, the applicant is not required to complete the approved form or pay additional fees. [E4.50]

Citations

• E4 — Lodging an application for a temporary entry class visa
• E4.1 — Who may be included in an application
• E4.15 — Where to lodge an application
• E4.20 — Where an application will be processed
• E4.25 — Date an application is lodged
• E4.30 — Date an application is made
• E4.35 — Receipt of applications
• E4.40 — How an application must be lodged
• E4.45 — Applications not lodged in the prescribed manner
• E4.50 — Requirements for lodging an application for a temporary entry class visa
• E4.70 — Status of applicant on lodging an application