Plain language law

New Zealand law explained for everyone

Immigration Act 2009

Visas - Classes of visa - Invitation to apply for visa

94: Invitation to apply for visa

You could also call this:

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

The Minister or an immigration officer can invite you to apply for a visa. This invitation can be given electronically or in writing. It tells you that you’re allowed to apply for a specific type of visa.

For some visas, you can only apply if you’ve been invited. If you’re in a group that needs an invitation, you can’t apply without one.

If you need an invitation to apply for a visa, getting one means you can go ahead and apply. But remember, they can take back the invitation at any time.

The Minister can also give a special invitation to anyone, even if they haven’t shown interest in the usual way.

The Minister or an immigration officer can cancel an invitation at any time, and it stops working right away.

When deciding to give an invitation, they can use the rules that are in place at that time, even if these rules are different from when you first showed interest.

If the rules for residence or restricted temporary entry change between when you get your invitation and when you apply, they’ll use the rules that are in place when you actually apply, not when you got the invitation. Any decisions they make will be based on these newer rules.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM1440722.

Topics:
Immigration and citizenship > Visas
Government and voting > Government departments
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93: Obligation to inform of all relevant facts, including changed circumstances, or

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

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95: Issue of invitation to apply for visa matter of discretion, or

“Immigration officials decide who gets invited to apply for a visa”

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

94Invitation to apply for visa

  1. An invitation to apply for a visa is a statement by or on behalf of the Minister or an immigration officer, whether made electronically or in writing, that the person to whom it is made is authorised to make an application for a visa of a particular class or type.

  2. No person may apply for a visa without an invitation if the person is of a class or category of person that, by virtue of immigration instructions, may apply for the visa only if invited to do so.

  3. If an invitation is required by immigration instructions for the person to be able to apply for the relevant visa, the statement of the invitation is sufficient authority for the making of the application (unless the invitation is subsequently revoked).

  4. Despite anything in this section or in any immigration instructions, the Minister may, by special direction, issue an invitation to apply for a visa to a person whether or not the person has expressed his or her interest in the manner required by this Act or immigration instructions.

  5. An invitation to apply for a visa may at any time be revoked by the Minister or an immigration officer. A revocation takes immediate effect.

  6. A decision as to whether to issue an invitation to apply for a visa may be made having regard to the immigration instructions applicable at the time of the decision, even if they differ from the immigration instructions applicable at the time of notification of the relevant expression of interest.

  7. In a case where residence or restricted temporary entry instructions change between the date of issue of an invitation to apply for a residence class visa or visa to which restricted temporary entry instructions apply and the date on which a person’s application for the relevant visa is made in response to that invitation, the decision on that application must be made in terms of the immigration instructions applicable at the time the application for the visa was made (and not at the time the invitation was issued), and, subject to sections 72(3) and 76(3), any discretion exercised must be in terms of those instructions.

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