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Immigration Act 2009

Visas - Visas generally - General rules relating to visas

58: Obligation on applicant to inform of all relevant facts, including changed circumstances

You could also call this:

“You must provide all relevant information and report any changes when applying for a visa”

When you apply for a visa, you need to give all the information, proof, and reasons that support your application right away. The person looking at your application doesn’t have to ask you for more information. They can decide based on what you’ve given them.

You also need to tell the Minister or immigration officer about any important facts or changes that happen after you apply. This includes things that might affect whether you get the visa or are allowed to enter New Zealand.

These changes could be about you or anyone else in your application. They could be about anything that matters for immigration rules.

If you don’t tell them about these changes, it’s like you’re hiding information. This can get you in trouble.

The Minister or immigration officer can say no to your visa if they think you or someone helping you:

  • Gave false or misleading information
  • Didn’t tell them something important
  • Didn’t tell them about big changes that happened after you applied

Remember, it’s your job to make sure they have all the correct and up-to-date information about your application.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM1440667.

Topics:
Immigration and citizenship > Visas
Immigration and citizenship > Border control
Government and voting > Government departments
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Part 3 Visas
Visas generally: General rules relating to visas

58Obligation on applicant to inform of all relevant facts, including changed circumstances

  1. It is the responsibility of an applicant for a visa to ensure that all information, evidence, and submissions that the applicant wishes to have considered in support of the application are provided when the application is made.

  2. The Minister or immigration officer considering the application—

  3. is not obliged to seek any further information, evidence, or submissions; and
    1. may determine the application on the basis of the information, evidence, and submissions provided.

      1. It is also the responsibility of an applicant for a visa to inform the Minister or an immigration officer of any relevant fact, including any material change in circumstances that occurs after the application is made, if that fact or change in circumstances—

      2. may affect the decision on the application; or
        1. may affect a decision to grant entry permission in reliance on the visa for which the application is made.

          1. Without limiting the scope of the expression material change in circumstances in subsection (3), such a change may relate to the applicant or another person included in the application, and may relate to any matter relevant to this Act or immigration instructions.

          2. For the purposes of sections 157 and 158, an applicant is treated as having concealed relevant information if he or she fails to comply with the obligation in subsection (3).

          3. It is sufficient ground for the Minister or an immigration officer to decline to grant a visa to a person if the Minister or officer is satisfied that the person,—

          4. whether personally or through an agent, in applying for the visa submitted false or misleading information or withheld relevant information that was potentially prejudicial to the grant of the visa; or
            1. did not ensure that an immigration officer was informed of any material change in circumstances to which subsection (3) applies between the time of making the application and the time of a decision on the application.

              Compare
              Notes
              • Section 58(5): replaced, on , by section 18 of the Immigration Amendment Act 2015 (2015 No 48).