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Immigration Act 2009

Visas - Classes of visa - Invitation to apply for visa

93: Obligation to inform of all relevant facts, including changed circumstances

You could also call this:

“Tell the government everything important when applying for a visa and keep them updated about changes”

When you want to apply for a visa, you need to tell the government about yourself. You must give them all the important information, proof, and reasons why you should get a visa when you first ask. This is called submitting an expression of interest.

The person looking at your information doesn’t have to ask you for more details. They can decide whether to invite you to apply for a visa based on what you’ve already told them. But if you give them more information before they decide, they can use that too.

You also need to tell the government if anything important changes after you’ve asked for a visa. This could be something about you or anyone else included in your request. It could be anything that might change their decision to invite you to apply or to give you a visa.

A big change could be about many different things. It might be about you, someone else in your application, or anything else that matters for immigration rules.

If you don’t tell the government about important changes, it’s the same as hiding information. This can get you in trouble according to sections 157 and 158 of the law.

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 It might be out of date or be missing some parts.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=DLM1440720.

Topics:
Immigration and citizenship > Visas
Immigration and citizenship > Border control
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92: Expressions of interest, or

“How to show interest in applying for certain visas”

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94: Invitation to apply for visa, or

“How the government can invite you to apply for a visa”

Part 3 Visas
Classes of visa: Invitation to apply for visa

93Obligation to inform of all relevant facts, including changed circumstances

  1. It is the responsibility of the person submitting an expression of interest to ensure that all information, evidence, and submissions that the person wishes to have considered in support of the expression of interest are provided when the expression of interest is submitted.

  2. The Minister or immigration officer considering the expression of interest—

  3. is not obliged to seek any further information, evidence, or submissions; and
    1. may determine whether to issue an invitation to apply for a visa on the basis of the information, evidence, and submissions provided.

      1. Nothing in subsection (2) prevents the Minister or immigration officer from taking into account any information, evidence, or submissions provided by the person at any time before the decision whether to issue the invitation is made.

      2. It is also the responsibility of a person expressing an interest in obtaining an invitation to apply for a visa under section 94 to inform the Minister or an immigration officer of any relevant fact, including any material change in circumstances that occurs after the expression of interest is notified, if that fact—

      3. may affect the decision to issue an invitation to apply; or
        1. may affect a decision to grant a visa to the person.

          1. Without limiting the scope of the expression material change in circumstances, such a change may relate to the person submitting an expression of interest or other person included in the expression of interest, and may relate to any matter relevant to this Act or immigration instructions.

          2. Failure to comply with the obligation set out in subsection (4) must be treated as concealing relevant information for the purposes of sections 157 and 158.

          Compare
          Notes
          • Section 93(6): amended, on , by section 27 of the Immigration Amendment Act 2015 (2015 No 48).