Note: This document is subject to change. Ensure you continue to check the MAKO
folder for the most up to date version.
Additional Guidance for Determining Whether a Humanitarian Critical
Purpose is met
Before referring to this guidance please ensure you have read and understand the immigration
instructions at H5.
The below guidance is intended to give you additional guidance only
do not copy any of this
information into any correspondence with a client.
Humanitarian
• What makes a case humanitarian?
Humanitarian reasons are exceptional circumstances of a humanitarian nature that make it
strongly desirable for the applicant to travel and enter New Zealand.
When considering whether a person has humanitarian reasons for travel ing to New
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Zealand, immigration officers must consider the purpose of these instructions and the
strong public interest in protecting the health of New Zealanders and supporting
Government agencies’ response to the risks posed by the COVID-19 situation.
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Relevant factors when considering if humanitarian reasons justify the grant of a visa under
these instructions include:
o
the applicant’s connection to New Zealand
o
the applicant’s connection to the place they are currently located
o
whether New Zealand is their primary place of residence, and their period of
absence from New Zealand
o
whether the applicant has any alternative options
o
the impact of not granting a visa and entry permission to the applicant.
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• Before doing an assessment under the Humanitarian category, an IO must ensure that the
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client (+included dependents) doesn’t already meet another existing border exemption
category.
• An IO cannot
approve a Humanitarian case without a referral to an SEIO.
• An IO should consider all factors raised within the EOI request and seek clarification from the
client if incomplete information has been provided.
• An IO may request documentation from a client to support their EOI in the Humanitarian
category. Be reasonable with deadlines, if the purpose is genuine a client will be providing
the requested quickly, if the can.
•
If you require information regarding a claimed terminal il ness, phrase it like this:
‘please
provide a medical document confirming the prognosis of [PERSON’S NAME]’.
This is sufficient and we must refrain from using the words ‘life expectancy’.
• An IO must record all relevant factors in the consideration template (either provided by
client or available to INZ internally).
• IMPORTANT: note in AMS when an EOI is referred ‘EOI referred’.
• Save your draft referral under Blank Memo in TLS and email a copy to the Practice Lead.
Once the referral is back save the TLS assessment as a Final.
• Humanitarian cases where medical treatment is needed, will be referred to INZ by the
Ministry of Health or a DHB. In most cases the DHB or MoH will contact Border in the first
instance (where travel is urgent). Border may in some cases refer non-urgent DHB approved
cases to Visa Operations so an ITA can be issued.
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• Considering an EOI for the Humanitarian category asks that you think about the big picture;
what is at stake for the client and what are the risks for INZ, what is fair and what is just? If
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you are unsure, do not hesitate to discuss the EOI with your peers or a TA.
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• The Supreme Court has stated that exceptional humanitarian circumstances are “well
outside the normal run of circumstances”, and while they do not need to be unique or very
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rare, they do have to be truly an exception rather than the rule.
• For each new EOI, or each EOI which contains new information, the ful assessment must be
made. Refer to MAKO Humanitarian folder file 2.Humanitarian Assessment Template.
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If you receive an EOI which is a repeated request and no new information has been provided
by the client, you can use the short assessment. Also refer to file 2.Humanitarian
Assessment Template.
• Ensure
CN 75864948 – Humanitarian Section 61A is added to the Contacts Tab in the Critical
Purpose visa application if the SEIO has granted a visa under S61A. For the Critical Purpose
visa, allow for a
one month First Entry on the visa unless otherwise indicated by the SEIO.
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Frequently Asked Questions- General
# Question
Respondent
Answer
1. Do I have to give my reasons for
Henderson Office
Yes- templates are provided.
rejecting an EOI in the AMS notes?
These cover a variety of
common reasons that a client
may or may not meet
instructions. IF the reason for
ITA/decline does not apply to
these templates, you wil need
to include your own rationale.
2. This client already a New Zealand
Henderson Office
New Zealand residents (who
resident visa with valid travel
have activated their residence
conditions/is a New Zealand citizen.
visa and have valid travel
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What do I do?
conditions) and New Zealand
citizens DO NOT require a
border exemption. They are
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permitted to travel to New
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Send them the ‘EOI Not
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considered Email Template’
found in the templates
provided.
3. Can we approve one person on an
Henderson Office
Yes if requirements aren’t met
EOI and reject another if they don't
or when the client is exempt
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meet requirements?
from travel ban restrictions.
If the applicant(s) who doesn’t
meet requirements is a
secondary applicant, they will
need to be removed before
proceeding with the principal
applicant’s ITA.
INFORMATION If the applicant who doesn’t
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meet requirements is a
principal applicant, you will
need to contact them to ask
how they wish to proceed. If
they want to remain on the
application, proceed to refuse
the EOI for all included. If they
wish to be taken off, re-raise
the existing EOI application to
make the secondary applicant
a principal applicant. Waive
the fees.
An ITA wil need to be sent to
one the eligible client and a
decline EOI email to the other.
For NZ citizens/residents ‘EOI
Not Considered’ email needs
to be sent.
4. A client’s EOI has been refused
Henderson Office
Yes, every new EOI requires a
previously, do I need to assess their
new assessment. Sometimes
subsequent one again?
in subsequent EOIs, clients
provide more information that
changes the outcome.
Consider what new
information has resulted in
requirements now being met
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5. A clients previous EOI was refused
Henderson
Yes, sometimes in subsequent
however it appears it was assessed
EOI's, clients provide more
incorrectly. Can I change the
information that changes the
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outcome of the subsequent EOI to an
outcome.
ITA?
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information has resulted in
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requirements now being met.
If the previous EOI was
refused in error, contact Dave
Verkade, Practice Lead-
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Henderson.
6. A client has serious a bona
Henderson Office
H5.25.1 outlines that health,
fide/character/health issue but
character, bona fide, funds
potentially meets a critical purpose,
and onward travel
should an ITA be issued?
requirements must be met for
all applicants as applicable.
However, if a character issue
is declared or noted that falls
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A5.45 Applicants
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normally ineligible for a
temporary entry class visa
unless granted a character
waiver, whether or not they
meet character requirements
can likely only be tested at
application stage via a
character PPI/waiver process.
Declaring these issues should
not preclude someone from
being sent an ITA if all other
requirements are met.
7. A client has indicated on the EOI
Henderson Office
If they otherwise meet one of
submission form that they don’t
the exception criteria consider
intend to self-isolate for 14 days
asking them if they answered
upon arrival in New Zealand/are
that questions correctly. If
unsure at which they wil do so.
they made a mistake then
Should an ITA be issued?
record their correct response
and consider issuing and ITA.
If they confirm they don’t
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intend to self-isolate, or don’t
otherwise meet an exception
criteria then refuse the EOI.
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8. Can the MFAT Protocol Division
Henderson Office
H5.1 (a) (vii) allows for new
continue to request
diplomatic and consular
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diplomatic/consular/official visas for
personnel to fill established
new staff who are accredited
positions at a foreign mission
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offshore?
or consular post in New
Zealand.
EOIs should be referred to
William Wang (Immigration
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Manager) in the first instance.
9. The client claims to be a New Zealand
Check AMS records to see if
citizen however doesn’t hold a
the client has previously held
passport.
an NZ passport:
If yes, ask if they are travelling
with the expired NZ passport.
Border will then be able to
facilitate their travel. Speak
INFORMATION with a TA to proceed.
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If no, please contact
[email address] to
confirm their NZ citizenship.
Once the DIA has confirmed
NZ citizenship status, please
raise an information warning
including the DIA email in
AMS.
link to page 8 link to page 8
10. The clients are the family of a high
If the Critical Health worker
skilled Critical Health worker,
was granted a Critical Purpose
however they have never lived in
visa, any partners or
New Zealand. Should they be issued
dependent children may be
an ITA?
granted a visa to travel to
New Zealand. This can be
together with, or separately
from, the essential health
worker.
If the Critical Health worker
was not granted a Critical
Purpose visa, they are unable
to support their dependents,
however this group of people
may be considered under the
Humanitarian criteria.
11. These clients are all offshore. At
Henderson Office
Such scenarios need to be
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application stage, do I need to PPI?
considered on a case by case
basis. Please see below fo
r PPI
Offshore Clients Guidance.
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13. The client has declared they have (or Immigration
INZ does not require evidence
have previously) tested positive for
Health Team
of COVID-19 testing or
COVID-19 or has been exposed to
discharge documentation
COVID-19. Should I issue them an
from individuals who have
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ITA?
previously been diagnosed
with COVID-19 and who meet
the travel exception criteria.
The risk of COVID-19 being
introduced to New Zealand by
an individual who has been
approved to travel to New
Zealand under the exception
criteria, will be managed by
INFORMATION the managed isolation,
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quarantine and testing
requirements that the
individual will need to comply
with after their arrival in New
Zealand.
It is appropriate, however,
that INZ advise individuals
who may have been exposed
to COVID-19 or previously
infected by COVID-19 that it
would be in their best
interests to bring any medical
documentation they have
with them (eg. test results,
patient discharge information)
as this information may be
useful in New Zealand to
assist in reviewing clinical
progression should a COVID-
19 test remain positive
despite apparent recovery.
14. A New Zealand citizen/resident has
Henderson Office
Close the EOI off as ‘refuse to
submitted an EOI via AMS. What do I
consider’ and use the
decide it as?
standard template to inform
the client that they are able to
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travel to New Zealand without
restriction.
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15. Some clients meet Critical Purpose
Henderson Office
If it is one of the secondary
requirements and others don’t. How
applicants that don’t meet
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do I decide the EOI in AMS?
requirements, they can be
removed from the EOI and
you can proceed to issue an
ITA to the principal and other
secondary applicants who
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meet requirements.
If it is the principal applicant
who doesn’t meet
requirements, however the
secondary applicants appear
to, inform them that they can
either choose to proceed and
that the outcome will likely be
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applicant can be removed,
and the EOI re-raised with one
of the secondary applicants as
the principal applicant.
16. Should I be requesting further
Henderson Office
In some instances, it may be
information at EOI stage?
necessary to request further
information to proceed,
however this will be
considered on a case by case
basis. Where an officer must
request further information
includes:
• Where details of the
New Zealand based
partner are not
provided.
Requests for information
should be given a response
timeframe of
24 hours.
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The exception is requests for
medical information which
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should be given a response
timeframe of
48 hours.
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18. An EOI submission refers to
Henderson Office
Yes. An officer should view
supporting documentation being
the extra submissions prior to
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provided elsewhere (for example
a decision to ensure fairness.
emailed to a specific mailbox or an
INZ employee). Do I need to consider
this information?
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19. Can I approve an EOI under a
Henderson Office
Yes. Consideration should be
different category than what was
given to all EOIs as to whether
applied under?
they meet any critical purpose
instructions even if it differs to
what they applied under.
In particular, consideration
INFORMATION should always be given as to
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whether there are any
exceptional humanitarian
factors that would warrant
consideration under the
humanitarian category.
*PPI Offshore Clients Guidance - Temporary Entry Critical Purpose
Below is guidance for your application assessors.
Since the border exception process began INZ have PPI-ed clients on information that was
prejudicial. Given CP processing is now a BAU category for Henderson – the question has arisen if
PPI-ing of offshore clients should continue and that Henderson aligns its practice with normal SOP.
Instructions covering this matter are at E7.15.1.
The overarching principle INZ must act in accordance with the principles of fairness and natural
justice set out in the Administration chapter (se
e A1), applicants wil be given the opportunity to
comment before a decision is made on the basis of any potentially prejudicial information (PPI). In
terms of the order of processing look to establish if first core instructions are met, then bona fides,
and finally character/health).
VisaPak 129 and IAC 11/09 preceded the instruction. While they are superseded they offer some
insight into the background of the issue.
http://inzkit/publish/visapak/visapak/#47244.htm
http://thelink/teamsites/immi/circulars/iac/IAC%2011-
09%20Change%20in%20approach%20to%20TE%20decision%20making.DOC
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E7.15.1 Applicants outside New Zealand For the purpose of assessing an application for a temporary entry class visa from an applicant who is
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outside New Zealand, PPI is factual information or material that:
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a. was not obtained from the applicant or the applicant’s authorised representative or agent;
and
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b. is not publicly available, or that the applicant is not necessarily aware of; and
c. will or may adversely affect the outcome of an application; and
d. the applicant has not previously had an opportunity to comment on.
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Note: The submission of false or misleading information by an applicant or their agent is not
potentially prejudicial information as that information has been obtained from the applicant or their
agent.
In summary an IO only needs to undertake PPI if the information meets
al of the definition stated
above. If it does not any part then PPI is not required to be undertaken. This does however; require
the IO to do the fol owing:
• If the information provided is not PPI but is used as a basis to decline an application,
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immigration officers should state explicitly in the decline letter and in AMS notes a clear link
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between the information provided by the applicant and the immigration officer’s own
conclusion.
• In applicable cases, immigration officers should record in AMS that the information leading
to a decline was not put to the applicant because it was not PPI.
• If the information needed to meet the requirements could be obtained easily from the
applicant, it is good practice to request this even though there is no obligation to do so.
Examples
1. VV CP – Client has insufficient funds or any sponsorship. PPI is not required however; you
have the ability to seek the info if you consider they have it and it can easily be provided.
2. VV CP – IO is not satisfied client is bona fide due to prior breaching of visa in New Zealand.
PPI is not required – IO can decide based on information available.
3. VV CP – IHS have recently indicated the client is not ASH – PPI is required as this meets the
definition to require a PPI. Meets PPI definition because this is information we hold- the
applicant doesn’t know this until we tel them.
4. VV CP – CAPP Nurse – client has been notified they course has been cancel ed. No PPI is
required . IO can decide based on information available.
5. VOC CP – Client seeks a VOC CP for employment they resigned from or no longer hold. No
PPI required. IO can decide based on information available.
6. VV CP – Character issue declared that falls under A5.45 – IO to proceed with character PPI as
client would normally be eligible for a character waiver assessment.
7. VV CP – Character issue declared that falls section 15 and is subject to A5.40 – No PPI
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required however; consider if a SD should be considered given the basis of the CP.
8. VV CP Partnership – IO is not satisfied from the evidence provided that the couple have lived
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together during their relationship. No PPI required. IO can decide based on information
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available.
9. VV CP Partnership – couple provide evidence of living together however; INZ receive an
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allegation that the client entered into a false partnership. PPI is required as this is
information that requires comment. Meets PPI definition because this is information we
hold- the applicant doesn’t know this until we tel them.
10. VV CP – CAPP Nurse – client has provided as evidence of funds and OWT a bank statement
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that indicates sufficient funds. INZ verification reveals bank statement is false. No PPI
needed. IO can decide on information available in relation to bona fide concerns.
Any questions – please ask a TA.
Visa Conditions and Validity
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• Under these instructions, an applicant can be granted a Critical Purpose Visitor visa for up to
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6 months OR a maximum of 12 months provided a CXR isn’t required.
Critical Purpose Visitor Visas
• Unless there is a compelling reason otherwise, CP VVs should be granted as single entry
visas. If you think a multiple entry visa should be granted, consult a Technical Advisor.
Critical Purpose Variation of Conditions
• A Critical Purpose Variation of Conditions can be granted for a duration in line with the
substantive visa.
• If the visa has been activated, the CP VOC should not be given a first entry date, they should
be given an expiring date in line with their substantive visa.
• If the visa has not been activated, the CP VOC wil require a 6 month F/E date.
• CP VOCs should be granted as multiple entry and in particular, it is important to ensure that
Work to Residence visas are granted as multiple entry.
Validity
• If the applicant’s critical purpose is reuniting with a partner, the visa they are granted should
not be valid for longer than their partner’s visa in New Zealand.
If their partner’s visa is expiring imminently and there is no further visa applied for, first:
o Confirm whether the partner should have had their current visa extended by the
Epidemic Management Notice and have this amended if so.
o If not, consider whether the applicant meets bona fide requirements- consult a TA
for further advice.
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• There are some visa types that will lose their original visa conditions if a Critical Purpose
Variation of Conditions is raised on top of their original visa. This is because their ‘expiry
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date stay’ date cannot be altered in AMS. In these cases, a Critical Purpose Visitor visa will
need to be raised and the applicant informed that their original visa conditions (multiple
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entry) will not apply to the new visa.
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Visa types where raising a Variation of Conditions is a known issue. Holders of these visa types
will need to agree to be issued a Critical Purpose Visitor visa before the visa is finalised:
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o 60 month General Visitor Visas issued for Chinese nationals.
o Parent/Grandparent Visitor visas.
Conditions
• Any applicant approved under the Critical Health Worker category, their employer and
occupation
must be recorded on the visa label.
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Document Outline
