Bona fide applicant (temporary stay)

At a glance

Every applicant for a temporary entry class visa must satisfy Immigration New Zealand that they are a bona fide applicant as defined in E5.1: they genuinely intend a temporary stay in New Zealand for a lawful purpose, and an immigration officer must form the opinion that the applicant is not likely to overstay, breach visa conditions, or be unable to leave or be deported. [E5.1]

This requirement applies to all temporary entry class visa types — visitor, work, student, limited, interim, diplomatic, and military — and is assessed alongside the specific eligibility criteria for each visa category. [E5]

The assessment is forward-looking: INZ considers whether the applicant is likely to comply with the conditions of their visa, depart New Zealand before or at visa expiry, and not use the temporary visa pathway to circumvent residence requirements or remain unlawfully. [E5]

Definition

A bona fide applicant for temporary entry is a person who [E5.1]:

1. genuinely intends a temporary stay in New Zealand for a lawful purpose; and
2. in the opinion of an immigration officer is not likely:
   • to remain in New Zealand unlawfully,
   • to breach the conditions of any visa granted, or
   • to be unable to leave or be deported from New Zealand.

The applicant bears the burden of satisfying the immigration officer that they meet both elements. [E5] The standard is the balance of probabilities. [E5]

Application in decisions

When the assessment occurs

Immigration officers assess whether an applicant meets the E5.1 definition — genuine temporary intention and the likelihood that the person will not overstay, breach conditions, or be unable to leave — at the time of determining the visa application. [E5.1] The assessment may also be revisited if new information comes to light before the visa is granted, or if the applicant's circumstances change materially after lodgement. [E5]

Factors considered

Immigration officers weigh a range of factors to determine whether an applicant is bona fide. No single factor is determinative; the assessment is holistic. [E5] Factors include:

• Personal circumstances in the home country — family ties, employment, property ownership, business interests, and community connections that indicate an incentive to return. [E5]
• Travel history — prior compliance with New Zealand visa conditions and the immigration laws of other countries. A history of overstaying or visa breaches in any country weighs against a finding of bona fides. [E5]
• The applicant's credibility — consistency between the applicant's stated intentions and the objective evidence provided. Material inconsistencies or implausible explanations may lead to a negative credibility finding. [E5]
• Financial circumstances — whether the applicant has sufficient funds for the intended stay and onward travel, and whether the source of those funds is legitimate. [E5]
• Employment and career ties — ongoing employment or study commitments that require the applicant's return. [E5]
• The purpose and duration of the visit — whether the stated purpose is consistent with the visa type, and whether the intended duration is proportionate to that purpose. [E5]
• Immigration history of associates — the immigration compliance history of family members or travelling companions may be relevant. [E5]
• Any information suggesting an intention to work, study, or remain unlawfully beyond the conditions of the visa sought. [E5]

Structured assessment under E5.10

E5.10 requires immigration officers to systematically consider specific categories of information before deciding whether an applicant is bona fide. This framework supplements the broader range of factors above. [E5.10]

The officer must take into account:

1. Evidence of genuine intent and lawful purpose — any evidence submitted by the applicant showing genuine intent for a temporary stay and lawful purpose (see E5.5.1). [E5.10]
2. Ability to leave or be deported — including any restrictions on deportation of the applicant to their country of citizenship (including restrictions self-imposed by the New Zealand Government), and the documentation required for the applicant to return to their country of citizenship. [E5.10]
3. Previous application history — any relevant information held about previous applications, including whether the applicant has previously overstayed, breached visa conditions, or has dependants who are unlawfully in New Zealand. [E5.10]
4. Personal circumstances — the applicant's family ties in the home country and in New Zealand, personal, financial, employment or other commitments in each country, and any circumstances that may discourage the applicant from returning to their home country when the visa expires. [E5.10]

After considering all relevant matters (including those in (1)–(4)), the type of temporary entry class visa, and any other relevant information, the immigration officer must determine whether the applicant is a bona fide applicant (see also E7.10). [E5.10]

Where the officer applies paragraph (a)(ii) (ability to leave or be deported), they should also consider whether there are compelling personal reasons for the applicant to be granted a visa or entry permission to New Zealand. [E5.10]

Responsibility of applicant to show genuine intent and lawful purpose (E5.5)

Applicants must satisfy Immigration New Zealand that they genuinely intend a temporary stay in New Zealand for a lawful purpose. [E5.5] This obligation is separate from whether all mandatory requirements for lodging the application are met; meeting those requirements does not, by itself, justify approval of the visa application. [E5.5]

A lawful purpose is one that is consistent with the Immigration Act 2009, immigration instructions, and any other applicable New Zealand law. [E5] The lawful purpose must align with the visa type: for example, tourism or visiting family for a visitor visa, employment for a work visa, or study for a student visa. [E5]

Remote work undertaken while in New Zealand on a visitor visa is not, by itself, a lawful purpose for visiting New Zealand. However, undertaking remote work while engaging in a lawful purpose such as holidaying or visiting family is acceptable, provided the visitor visa conditions permitting remote work are met. [E5]

Evidence of genuine intent and lawful purpose that an applicant may provide includes, but is not limited to [E5.5]:

• any information or submissions showing that the applicant has a legitimate need to spend time in New Zealand for a specific period;
• any documents or submissions showing that the applicant meets the requirements of the immigration instructions relevant to the type of temporary entry class visa or entry permission applied for.

Note that under E5.10(a)(i), the officer must specifically consider any evidence of genuine intent and lawful purpose submitted by the applicant (see E5.5.1), but the overarching instruction remains E5.5. [E5.10]

Burden and standard of proof

The applicant bears the burden of satisfying the immigration officer that they are bona fide. [E5] The standard is the balance of probabilities — the officer must be satisfied that it is more likely than not that the applicant genuinely intends a temporary stay and is not likely to overstay, breach conditions, or be unable to leave. [E5]

Consequences of a negative finding

If an immigration officer is not satisfied the applicant is bona fide, the application must be declined. [E5] The decline is based on the applicant's failure to meet a fundamental requirement of temporary entry instructions, distinct from any other eligibility criteria. A finding that an applicant is not bona fide may also affect future applications, as it forms part of the applicant's immigration history. [E5]

However, if the only concern is a marginal risk that the applicant may overstay (defined in E7.32 as minimal, insubstantial, or remote), the officer need not automatically decline. Instead, the officer may consider granting a limited visa (if the application is for a student or visitor visa) or imposing a bond in relation to a visitor visa, as an alternative to refusal. [E7.32] This reflects a proportionate response to low-level overstay concerns while still managing risk. [E7.32]

Interpretation & edge cases

Distinction from character and health requirements

The bona fide requirement is separate from the character requirements (A5) and health requirements (A4). An applicant may have an impeccable character record and excellent health but still not be considered bona fide if, for example, their stated intentions are inconsistent with the evidence of their circumstances. [E5] Conversely, past character issues do not automatically mean an applicant is not bona fide — the assessment focuses on present intentions. [E5]

Applicants with strong ties to New Zealand

An applicant with family members lawfully resident in New Zealand is not automatically disqualified. The officer must weigh the applicant's ties to the home country against the pull of New Zealand connections. [E5] A credible plan to visit family and then return weighs in favour of bona fides; an absence of any meaningful ties outside New Zealand may weigh against. [E5]

Repeat visitors and frequent travellers

Repeated or lengthy stays in New Zealand, particularly where the applicant spends more time in New Zealand than in their home country, may raise concerns about whether the applicant's centre of gravity has shifted. [E5] Immigration officers may scrutinise whether the applicant is genuinely visiting or is effectively living in New Zealand on temporary visas — a practice sometimes described as "de facto residence." [E5]

Applicants from high-risk countries

The fact that an applicant is from a country with historically high rates of visa overstaying is a permissible factor in the assessment, but it must not be the sole or determinative reason for a negative finding. [E5] Each applicant must be assessed individually on their own circumstances. [E5]

Change of intentions after visa grant

The bona fide assessment is made at the time of the visa decision. If an applicant genuinely intends a temporary stay at the time of grant but their intentions later change (for example, they subsequently apply for residence from onshore), this does not retrospectively invalidate the original bona fide finding. [E5] However, a pattern of applying for temporary visas while pursuing a residence pathway may be relevant to the assessment of any further temporary visa application. [E5]

Relationship to section 61 requests and special directions

A person who has become unlawful and makes a request under section 61 of the Immigration Act 2009 is not, at that point, an applicant for a temporary entry class visa in the ordinary sense. The bona fide requirement under E5 is not directly applied to section 61 requests, but the Minister or delegate may consider analogous factors when exercising discretion. [E5]

Interaction with specific visa instructions

Some specific visa instructions incorporate or cross-reference the bona fide requirement. For example, visitor visa instructions at V2.1.1 require applicants to be bona fide. [E5] Where a specific instruction duplicates or reinforces E5, officers apply both.

Citations

• E5 — Requirement to be a 'bona fide applicant' intending a temporary stay in New Zealand
• E5.1 — Definition of 'bona fide applicant'
• E5.5 — Responsibility of applicant to show genuine intent and lawful purpose
• E5.10 — Determining whether an applicant is a 'bona fide applicant'
• E7.32 — Applications for temporary visas overstay risk