Processing a temporary entry visa application

At a glance

Immigration officers processing a temporary entry visa application must be satisfied that the applicant meets the health and character requirements for temporary entry (see A4 and A5), is a bona fide applicant (see E5), and meets the requirements of the particular visa category. [E7.1] However, for some visitor visa subcategories, an automated electronic system may determine whether requirements are met and may grant the visa without human intervention (see E7.2). [E7.2] Officers may require applicants to provide further documents, complete a medical examination, or attend an interview. [E7.1] For offshore applicants, the officer must have no reason to believe the applicant would be refused entry permission if the visa is granted, taking into account border entry instructions. [E7.1] Before making a decision, officers must also check previous applications for relevant information and, if the application was lodged at an incorrect receiving office, refer it to the appropriate office. [E7.1] Where the officer intends to rely on potentially prejudicial information (PPI) in making a decision, the applicant must be given a reasonable opportunity to comment before that decision is made. [E7.15] Decisions must be documented in writing, with reasons recorded and file records accurate and complete. [E7.16]

Approval may be granted only when the immigration officer is satisfied that all required evidence has been provided, the applicant meets the relevant temporary entry immigration instructions (including generic instructions), and, for offshore applicants, there is no reason to believe entry permission would be refused. [E7.30]

When considering an application, immigration officers must first determine it in accordance with temporary entry instructions; if it fails to meet those instructions, they must consider all circumstances to decide if an exception is justified, taking into account the objectives of temporary entry instructions and the applicant's situation and purpose. [E7.10] If the applicant does not respond to a request for further information within the specified time, the application is assessed on the information available to INZ. [E7.10]

If the application fails and no exception is justified, the officer must decline it, giving written reasons and recording the date the decline letter is sent. [E7.35] An onshore applicant whose application for a further temporary visa is declined (and where the Minister did not make the decision) may apply for reconsideration within 14 days, provided they remain lawfully in New Zealand; the reconsideration is decided by a different officer of equal or higher grade. [E7.35]

How it works

When an immigration officer assesses a temporary entry application, they must satisfy themselves that the applicant has met all applicable requirements. [E7.1] The key checks are:

• Health and character: the officer confirms the applicant meets the temporary entry health standard (A4) and character requirements (A5). [E7.1]
• Bona fides: the officer must be satisfied the applicant genuinely intends a temporary stay, is not likely to overstay, breach conditions, or be unable to leave (see E5), and specifically that the applicant meets the bona fide definition in E5.1 and E5.10. [E7.1][E7.10]
• Prostitution Reform Act compliance: the visa must not be granted in contravention of the Prostitution Reform Act 2003, which prohibits granting a visa on the basis of commercial sexual services, acting as an operator of a prostitution business, or investing in such a business. It is also a condition of every temporary entry class visa that the holder may not engage in those activities while in New Zealand, and breach renders them liable for deportation. [E7.40]
• Visa category requirements: all conditions specific to the visa subclass must be met. [E7.1]

Before granting a visa, the officer must also check whether any person included in the application has previously been removed, deported, or repatriated from New Zealand. If so, normally a visa will not be granted until all expenses incurred by INZ for that removal have been repaid. [E7.20] However, the exception pathway under E7.10(b) still applies: the officer must then consider all circumstances and decide if an exception is justified. [E7.20][E7.10]

The officer must document the decision in writing, with reasons recorded and file records maintained accurately and completely. [E7.16]

Approval criteria

To approve the application, the officer must be satisfied that:

• the applicant has provided the evidence required by immigration instructions, and any additional evidence requested by the immigration officer; and
• the applicant meets the requirements of the relevant temporary entry immigration instructions as well as applicable generic temporary entry instructions; and
• if the applicant is offshore, there is no reason to believe that the applicant would be refused entry permission if the visa is granted. [E7.30]

If the application fails to meet the temporary entry instructions, the officer must then consider all the circumstances to see if an exception to the instructions is justified. [E7.10] This involves taking into account the objectives of temporary entry instructions and the situation and purpose of the applicant. [E7.10] Where risk of overstay is a concern, E7.32 provides for the grant of a limited visa or imposition of bonds as part of the exception pathway. [E7.10][E7.32]

If the visa cannot be granted even after considering the exception pathway, the officer must decline the application, giving written reasons and recording the date the decline letter is sent. [E7.35] Additionally, onshore applicants may have a right of reconsideration (see Reconsideration step).

The officer has the power to request further documents, a medical examination, or an in-person interview if needed to reach a decision. [E7.1] If the applicant does not respond within the specified time, the application will be assessed on the relevant information available to INZ at that time. [E7.10]

Automated processing

An automated electronic system may be used to determine whether an applicant meets the requirements for a visitor visa under certain immigration instructions. [E7.2] The following visitor subcategories are eligible for automated determination:

• General visitor (V2)
• Business visitor (V3.5)
• Children entering New Zealand for adoption (V3.25)
• Children adopted overseas before their New Zealand citizenship is confirmed (V3.30)
• Culturally arranged marriage (V3.35)
• Entry to New Zealand for the purpose of medical treatment or consultation (and/or escorts of patients) (V3.40)
• Applicants wanting to obtain occupational registration in New Zealand (V3.45)
• Persons associated with a Contracting Party to the Antarctic Treaty and other Antarctic travellers (V3.50)
• Visiting Media Programme (V3.55)
• Pitcairn Islanders (V3.60)
• Conference delegates (V3.65)
• Crew members joining vessels for aircraft (V3.70)
• Visitors arriving by yacht or private aircraft (V3.80)
• Owners and crew of super yachts (V3.81)
• Sports people, support staff, match and tournament officials and media and broadcasting personnel associated with sports events, tours or tournaments (V3.85)
• German law students and graduates (V3.95)
• Work visa holders dismissed during a trial period (V3.115)
• Visiting academics (V3.130)
• Approved arts or music festival (V3.140)
• Short-term live entertainment acts (V3.145) [E7.2]

For General visitor (V2) and Business visitor (V3.5) applications, the automated system may also grant the visa if all requirements are met. [E7.2] However, the system will not grant a temporary entry class visa to a person who:

• has particular alerts or warnings;
• does not appear to meet health or character requirements;
• has an active appeal;
• is liable for deportation;
• has an open case or appeal with the Deputy Secretary or the Minister;
• is a student funded through the Ministry of Foreign Affairs and Trade or the New Zealand Scholarship Programme;
• has compliance action underway; or
• holds a visa granted because the Immigration and Protection Tribunal ordered its grant under section 210 or 216 of the Immigration Act 2009. [E7.2]

Where one of these exclusions applies, the application cannot be granted automatically; a manual assessment of the identified area is carried out, and the decision to grant or refuse is made by an immigration officer. [E7.2] A decision made by the automated electronic system must be treated as a decision of an immigration officer who is authorised to make the decision under the Immigration Act 2009. [E7.2]

Passport request for online applications

For an application made on an electronic form under Regulations 23A or 23AA of the Immigration (Visa, Entry Permission, and Related Matters) Regulations 2010, an automated system may request the applicant to provide their original passport or travel document if they are:

• outside New Zealand at the time they make the application;
• not subject to a visa waiver to travel to New Zealand (see E2.1); and
• not a person intending to travel on a People's Republic of China passport. [E7.10]

Regardless of the above, an immigration officer determining the application may request any applicant to supply their passport or travel document at any time. [E7.10]

Potentially prejudicial information (PPI)

Immigration officers must give applicants an opportunity to comment on any potentially prejudicial information (PPI) before making a decision based on that information, consistent with the principles of fairness and natural justice set out in the Administration chapter (A1). [E7.15]

For temporary entry visa applicants outside New Zealand, PPI is factual information that:

• was not obtained from the applicant or their agent;
• is not publicly available, or that the applicant is not necessarily aware of;
• will or may adversely affect the outcome of the application; and
• the applicant has not previously had an opportunity to comment on. [E7.15]

For these purposes, an 'agent' includes any person or organisation acting on behalf of the applicant with respect to the visa application, such as student agents, licensed immigration advisers, lawyers, travel agents, or family members. Where there are multiple applicants, the principal applicant (or their agent) is considered the agent of the non-principal applicants. [E7.15]

For temporary entry visa applicants in New Zealand, PPI is any factual information or material that will or may adversely affect the outcome of the application, regardless of its source or whether the applicant has previously commented on it. [E7.15]

If the officer intends to rely on PPI, the applicant must be given a reasonable opportunity to comment before a final decision is made. [E7.15]

Steps

1. Receive and check for prior information: The officer must check INZ records for any previous applications linked to the applicant and, if necessary, contact the branch or office that processed those applications. [E7.1]

2. Check for previous removals, deportations, or repatriations: If any person included in the application has been removed, deported, or repatriated from New Zealand, the officer must confirm whether all expenses incurred by INZ for that removal have been repaid. Normally, a visa will not be granted until those expenses are repaid, but the exception consideration under E7.10(b) may still apply. [E7.20]

3. Verify correct receiving office: If the application was lodged at an office other than the designated receiving office for the applicant's country of nationality, the officer must follow the instructions in Z5 and, where required, refer the application to the correct office before making a decision. [E7.1]

4. Assess core requirements: The officer determines whether the applicant meets:

   • the health requirements for temporary entry (A4);
   • the character requirements for temporary entry (A5);
   • the bona fide requirement (E5, and specifically E5.1/E5.10); [E7.1][E7.10]
   • all requirements specific to the visa category being applied for. [E7.1]

5. Consider entry permission for offshore applicants: If the applicant is offshore, the officer must be satisfied that there is no reason to believe the person would be refused entry permission when they arrive. [E7.1] In making this assessment, the officer takes into account:

   • for standard temporary entry applications, the most recent version of the Border Entry instructions;
   • for restricted temporary entry applications, the Border Entry instructions in effect at the time the application was made. [E7.1]

   The officer is not required to consider whether the applicant might be granted entry permission as an exception to instructions. [E7.1]

6. Request additional information (if needed): The officer may ask the applicant to provide further documents, undergo a medical examination, or attend an interview. [E7.1]

   • If the applicant does not respond within the specified time, the application will be assessed on the relevant information available to INZ at that time. [E7.10]
   • For online applications, an automated system or the officer may request the applicant's passport under E7.10.1, as described above. [E7.10]

7. Consider exception if requirements not met: If the application fails to meet the temporary entry instructions, the officer must consider whether an exception to those instructions is justified, taking into account the objectives of temporary entry instructions and the situation and purpose of the applicant. [E7.10] In cases where there is a risk the applicant may overstay, E7.32 allows for the grant of a limited visa or the imposition of bonds as part of the exception. [E7.10][E7.32]

8. Make a decision and document it: If the officer is satisfied that the approval criteria in E7.30 are met, or that an exception to instructions is justified, the officer can approve the visa; otherwise, the application must be declined. [E7.1][E7.30][E7.35]

   • When declining, the immigration officer must give written reasons to the applicant or their representative, and must record the date the decline advice letter is sent. [E7.35][E7.16]
   • All file records must be accurate, clear, complete and factual, and the decision must be communicated in writing. [E7.16]

9. Reconsideration (if onshore and eligible): If an onshore application for a further temporary visa is declined and the decision was not made by the Minister, the applicant may apply for reconsideration within 14 days of receiving the decline notice, provided they are lawfully in New Zealand at the time. [E7.35]

   • The application must be made in the prescribed manner, accompanied by the prescribed fee and the applicant's passport or certificate of identity, and must contain a full explanation in English of the matters the applicant wishes to be considered. [E7.35]
   • The reconsideration is undertaken by another immigration officer of equal or higher grade than the original decision-maker, or by the Minister. [E7.35]
   • The reviewing officer must assess the application against the same temporary entry instructions and also consider whether an exception to instructions is justified (see E7.10(b)). [E7.35]
   • The officer may require the applicant to produce further information or evidence before making a decision. [E7.35]
   • The application for reconsideration does not authorise the applicant to remain in New Zealand beyond the expiry of their current temporary visa, but pending determination or withdrawal of the reconsideration, the person may not be deported. [E7.35]
   • The result of the reconsideration is final and conclusive; no further application for reconsideration may be made. [E7.35]
   • If the decline is confirmed and no visa is granted, the immigration officer must inform the applicant in writing of the decision, the date by which they must leave New Zealand (if they still hold a visa), or the fact that they are already obliged to leave and that they may lodge a humanitarian appeal against deportation liability within 42 days of receiving the confirmation. [E7.35]
   • Offshore declined applications carry no statutory right to reconsideration, but immigration officers may still reconsider if new and compelling information is promptly provided. [E7.35]

Interpretation & edge cases

• The duty to check previous applications means that an applicant's immigration history, including any prior interactions with INZ, is always relevant to the current processing. [E7.1]
• The referral requirement under E7.1.5 ensures that applications are handled by the office with geographical responsibility, but this does not prevent the initial receiving office from undertaking preliminary checks before referral. [E7.1]
• The offshore entry permission assessment is a forward-looking prediction based on border entry instructions; it does not require the officer to determine whether the applicant would actually be granted entry under all possible exceptions. [E7.1]
• The instruction that an officer "must have no reason to believe" the applicant would be refused entry permission sets a lower threshold than a positive finding that entry permission would be granted; it requires an absence of negative indications. [E7.1]
• The power to request further documents or an interview is discretionary and may be exercised when the officer considers it necessary to verify claims or resolve doubts. [E7.1]
• When a visa is granted by an automated electronic system, the decision is treated as a decision of an immigration officer authorised under the Immigration Act 2009 [E7.2]. This means the usual reconsideration and appeal pathways apply as if a human officer had made the decision. [E7.2]
• The mandatory two-stage process under E7.10 requires that officers first determine whether the application meets the temporary entry instructions; only after finding that it does not may they move to consider whether an exception is justified. [E7.10] Skipping directly to an exemption without first concluding the instructions are not met would be inconsistent with E7.10. [E7.10]
• The exception pathway under E7.10(b) is a holistic assessment of all circumstances, and reference to E7.32 indicates that if the risk of overstay is a concern, a limited visa or bond may be imposed rather than a full decline. [E7.10][E7.32]
• Under E7.32, when a student or visitor visa application cannot be approved under normal instructions solely because of an identified risk that the applicant may overstay, the immigration officer must assess whether that risk is marginal (i.e., minimal, insubstantial, or remote). [E7.32] If the risk is marginal, the officer may consider granting a limited visa (see L4) or imposing a bond in relation to a visitor visa (see E4.55), but only if the officer is satisfied that doing so manages the risk. [E7.32] If the identified risk is more than marginal, the application must be declined. [E7.32] When considering a limited visa under this provision, L4.5 (partners and dependent children of holders of limited visas) must be complied with. [E7.32]
• The non-response rule means that if an applicant fails to supply requested information within the specified time, the officer must proceed to decide on the basis of whatever information is available. [E7.10] This can result in a decline if the available information is insufficient to meet requirements.
• The passport request mechanism under E7.10.1 operates automatically for certain online applicants but does not constrain an officer's general power to request a passport from any applicant. [E7.10]
• The definition of potentially prejudicial information is narrower for applicants outside New Zealand than for those in New Zealand, reflecting the degree of fairness owed to the applicant (see Fairness and Natural Justice). [E7.15] Offshore, only information that the applicant is not already aware of and has not had an opportunity to comment on qualifies as PPI. Onshore, any adverse factual information can be PPI, and the applicant must be given the opportunity to comment before a decision is made. [E7.15]
• The obligation under E7.16 to document decisions, record reasons and give decisions in writing applies to all immigration officers except as otherwise provided in the Immigration Act 2009. [E7.16] This ensures transparency and supports any subsequent review or appeal. [E7.16]
• The rule under E7.20 that a visa will normally not be granted if INZ removal expenses are unpaid is expressed as a mandatory bar, but it explicitly preserves the exception pathway under E7.10(b). This means the officer must first determine that the application fails under E7.20, then move to considering an exception in light of all the circumstances, including the fact that expenses remain unpaid. [E7.20][E7.10]
• E7.30 codifies the cumulative approval criteria: evidence provision, meeting both specific and generic temporary entry instructions, and the offshore entry permission belief. All three must be satisfied before approval may be given, even if the applicant meets other requirements. [E7.30]
• When declining an application, the immigration officer must give written reasons and record the date the decline letter is sent; this aligns with fairness obligations and establishes the start of the reconsideration period. [E7.35]
• The right of reconsideration under E7.35.1 applies only to onshore applicants for a further temporary visa, where the decision was made by an immigration officer (not the Minister) and the applicant remains lawfully in New Zealand at the time of the reconsideration application, which must be lodged within 14 days. [E7.35]
• The reconsideration decision is made by a different officer of equal or higher grade, and must apply the same two-stage test (instructions first, exception second) as the original assessment. The result is final and conclusive, with no further internal reconsideration. [E7.35]
• If the decline is confirmed, the officer must inform the applicant of the obligation to leave and, if the applicant no longer holds a visa, the right to appeal to the Immigration and Protection Tribunal on humanitarian grounds against deportation liability within 42 days. [E7.35]
• Offshore applicants have no statutory reconsideration right, but immigration officers may consider new and compelling information at their discretion, reflecting a flexible approach to fairness. [E7.35]
• The requirement to record the date of sending the decline letter is critical for calculating deadlines for reconsideration and appeals. [E7.35]

Citations

• E7.1 — Processing an application
• E7.2 — Automated processing and granting
• E7.10 — Considering an application
• E7.15 — Potentially prejudicial information
• E7.16 — Documenting decisions
• E7.20 — Reclaiming airfares and expenses
• E7.30 — Approving an application
• E7.32 — Applications for temporary visas overstay risk
• E7.35 — Declining an application for temporary entry
• E7.40 — Effect of provisions of the Prostitution Reform Act 2003