Response DOIA 2021 1950.pdf

30 April 2021
Ziyun (Evan) Wang
[FYI request #15029 email]
File No: DOIA 2021 – 1950
Dear Ziyun (Evan) Wang
Thank you for your email on 30 March 2021, requesting the following information under the Official
Information Act 1982 (the OIA):
I am writing to kindly request copies of the most recent assessment templates and guidance
notes for Immigration Officers and National Managers to follow when applying the
partnership criteria for granting border exemptions to partners of New Zealanders from non-
visa waiver countries.
Our response
Please note that the border restrictions are in place to help stop the spread of COVID-19 and protect
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public health in New Zealand, and accordingly few exceptions are made.
Please also note that any Expression of Interest is assessed against immigration instruction H5. As
ACT
they are restricted temporary entry instructions, immigration officers have no discretion to grant an
exception when they are not satisfied that the rules and criteria in instructions have been met. Any
advice to staff does not supersede these instructions.
Immigration New Zealand (INZ) considers partnership based border exception requests carefully. An
immigration officer needs to be satisfied that the applicant meets immigration instructions before an
application can be approved. Applicants are required to provide evidence to demonstrate their
relationship meets immigration requirements. It is the responsibility of the applicant to satisfy the
INFORMATION
immigration officer that the requirements of immigration instructions have been met.
RELEASED UNDER THE OFFICIAL
Please find our response to your OIA request at Appendix One.
If you wish to discuss any aspect of your request or this response, please contact Margaret Huang,
Business Advisor, Operations Support, Immigration New Zealand at [email address].
Yours sincerely
Nicola Hogg
General Manager – Border and Visa Operations
Immigration New Zealand
Ministry of Business, Innovation and Employment

Appendix One
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THE
ACT
UNDER
INFORMATION
RELEASED

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 Partners/Dependent
Children/Guardians of NZ Citizens and Residents
Before referring to this guidance please ensure you have read and understand the immigration instructions at
H5.

Partners/Dependent Children/Guardians of NZ Citizens and Residents:

•  There are 3 different criteria within this category; a critical purpose may be met by being a
partner/dependent of a New Zealand citizen/resident and:
o  Traveling with them OR
o  Being ordinarily in New Zealand OR
o  Holding a visa based on a relationship with them.

Travelling with the Partner
•  If stating they wil  travel with NZ cit/res partner/parent/child check this person’s travel movements in
AMS to confirm they are out of New Zealand.

OFFICIAL
Being Ordinarily Resident in New Zealand
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•  Refer to the general FAQs for guidance around determining if a client is ‘ordinarily resident’.
THE
•  Check the client’s AMS movements to assist in determining this.
•  Check any statements supporting that they are ordinarily resident
ACT   – e.g. own a home, immediate
family in NZ etc.

Holding a Relationship Based Visa  UNDER
•  Visas based on this relationship are limited to the fol owing:
o  Partnership – Visitor Partnership
o  Partnership – Visitor Entry for a cultural marriage
INFORMATION
o  Partnership – Work Partnership
RELEASED
o  Partnership – Resident Partnership
o  Partnership – Resident Partnership – Partner of an Expatriate
o  Dependent Child – Visitor Child of NZ cit/res
o  Dependent Child – Visitor Adopted child
o  Dependent Child – Student Child of NZ cit/res
o  Dependent Child – Resident Family child dependent
o  Dependent Child – Resident Family child dependent – Dependent of an Expatriate

Refer to this Visapak for further detail.

Offshore partners and dependent children that are included in residence applications, and the
principal applicant (the PA) is onshore and has been approved residence, are considered to hold a visa
based on family relationship with a New Zealand resident. Residence applications, where the PA is

onshore, which include offshore family members can therefore be finalised and the offshore partners
and dependents, if granted a visa, can enter New Zealand without having to request an exemption.
Please see Visa Pak 453 for ful  advice.

Frequently Asked Questions

•  They haven't mentioned who the NZ partner is at al  in the EOI and I can't find this information in
AMS. Should the EOI be refused?
Read the EOI carefully- if there is a probable chance the information they have provided is genuine,
then we can consider issuing an ITA and the client can provide this information at application stage.

If there's no indication at all about the partnership/who the New Zealand partner is, it is best practice
to request this information and provide a 24 hour timeframe in which to provide it.

•  The New Zealand partner is already IN.

That meets requirements as long as the client is either ordinarily resident in New Zealand or holds a
visa based on their relationship with the New Zealand partner.

•  There's never been a partnership application in the system for this client.

OFFICIAL
If the client is traveling with their New Zealand partner, that's okay, a lot of these clients are long term
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overseas residents returning home. However, if the client was recently onshore and is now claiming to
THE
have a New Zealand partner offshore without us ever having a record of it, it may require further
investigating- consult a Technical Advisor.
ACT

If the client is claiming to be ordinarily resident, check their previous applications to see if they have
been declared throughout the declared period of their relationship. If there is no record of their
UNDER
relationship with their New Zealand partner, it may require further investigating- consult a Technical
Advisor. Note that with the application, evidence of the relationship must be provided if INZ has not
established the relationship in a previous visa application.

•  The client does not ordinarily reside in New Zealand/the New Zealander hasn't been here in ten years.

INFORMATION
If the client is traveling with their New Zealand partner, that’s okay, New Zealand Citizens/Residents
RELEASED
with valid travel conditions are allowed to return home whenever they like and the government is
allowing them to bring their partners/children to keep the family unit together.

However, if the New Zealand partner is already IN New Zealand and the client is not ordinarily resident
or hold a valid visa based on this relationship, they wil  not meet the requirements of this critical
purpose. They may be eligible for consideration under the Humanitarian criteria.

•  We know that the partner is not an eligible sponsor as per Partnership instructions, should an ITA be
issued?

The fol owing instruction trail can be used when assessing Critical Purpose visas where their
partnership with an NZ citizen/resident is the reason for travel:

H5.25.20→E4.1→E4.5.25→F2.10.10.

This means that if someone is applying on the basis of their partnership with an NZ citizen/res- they
must meet instructions E4.5.5 (c) (v):

A partner may only be granted a temporary entry class visa, if an immigration officer is satisfied that:

•
If their partner is a New Zealand citizen or residence class visa holder, their partner wil  be
eligible to support a partnership-based residence class visa application within 12 months of the grant
of the visa (see F2.10.10).

This means the New Zealand can’t have had more than 1 successful residence partnership application
(where they were either the supporting partner or the one supported). If they have had 1 previous
successful residence partnership application, this must have been at least 5 years before the current
EOI was submitted.

•  I have concerns that the partnership is not genuine/stable.

This is a core requirement of this critical purpose. We must be satisfied that the partnership is
genuine/stable however we may only be able to make this assessment fully at application stage at
times.

•  Do the applicants need to be living together to be issued an ITA/a Critical Purpose visa based on their
partnership?
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Yes. While living together is not explicitly required in E4.1, it is normal y a significant factor in support
of any claim of genuineness and stability. It is highly unlikely t
THE  hat any couple that has never lived
together would satisfy the E4.1 requirement. Note that while E4.1.20 doesn’t refer directly to E4.5.20,
ACT
E4.5.20 does outline the ‘evidential requirements for partners’. Subsection E4.5.20 (a) (i ) refers to
‘evidence that demonstrates they are living together’.

UNDER
IAC 19/01 was released on the 19/01/2019 and gives guidance to staff on how to proceed with
applicants who wish to join a partner in New Zealand but may not meet partnership requirements.
This IAC outlines that a VVG may be appropriate* when the relationship is demonstrated to be
genuine and credible. Note that this is different to the requirements of a Critical Purpose partnership
to be genuine and stable.  INFORMATION

RELEASED
IAC 19/01 notes that the assessment of a relationship’s stability it linked with the applicants having
lived together:

‘The purpose of this Internal Administration Circular (IAC 19/01) is to provide advice to staff on
assessing applications made by people seeking to join a partner in New Zealand where they are not
eligible for a partnership-based visa because they have not lived together for sufficient time to
demonstrate the partnership is genuine and stable’.

Critical purpose instructions and instructions at E4.1 require a relationship to be assessed as being
genuine and stable. Without stability being able to be ascertained through living together, the
applicants are not likely to meet Critical Purpose requirements.
If you are declining an EOI/application on the basis of partnership requirements not being met- you
must ensure you are referring to your concerns that the relationship is not genuine/stable and that
the applicants not living together forms a part of this assessment. Declining an application on the
basis of the applicants not living together and only referring to this point in your assessment is not
sufficient. An example may be:

I note that the PA has not lived with their supporting partner previously. Given they have not
demonstrated a shared life together in this way, I am not satisfied they have demonstrated they are in
a stable partnership and therefore the requirements at E4.1 are not met.

* Note that a VVG is not considered a relationship based visa. We would therefore not be able to
approve a VVG currently due to the border closure given the legal requirement in section 43(1)(b) of
the Immigration Act 2009 for there to be no reason to believe, at the time of granting a visa to an
offshore applicant, that the applicant wil  be refused entry permission.

EOI FAQs General
Topic  Question
Answer
1
Do I have to give my reasons for
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
OFFICIAL .
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2
This client already a New Zealand
New Zealand residents (who have activated their
THE
resident visa with valid travel
residence visa and have valid travel conditions) and New
conditions/is a New Zealand citizen.
Zealand citizens DO NO
ACT  T require a border exemption.
What do I do?
They are permitted to travel to New Zealand at any time.

Send them the ‘EOI Not considered Email Template’ found
UNDER
in the templates provided.
3
Can we approve one person on an EOI
Yes if requirements aren’t met or when the client is
and reject another if they don't meet
exempt from travel ban restrictions.
INFORMATION
requirements?

RELEASED
If the applicant(s) who doesn’t meet requirements is a
secondary applicant, they wil  need to be removed before
proceeding with the principal applicant’s ITA.

If the applicant who doesn’t meet requirements is a
principal applicant, you wil  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 al  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
Yes, every new EOI requires a new assessment.
previously, do I need to assess their
Sometimes in subsequent EOIs, clients provide more
subsequent one again?
information that changes the outcome.

Consider what new information has resulted in
requirements now being met
5
A clients previous EOI was refused
Yes, sometimes in subsequent EOI's, clients provide more
however it appears it was assessed
information that changes the outcome.
incorrectly. Can I change the outcome of
the subsequent EOI to an ITA?
Consider what new information has resulted in
requirements now being met.

If the previous EOI was refused in error – please see a
Technical Advisor.
6
A client has serious a bona
H5.25.1 outlines that health, character, bona fide, funds
fide/character/health issue but
and onward travel requirements must be met for al
potential y meets a critical purpose,
applicants as applicable.
should an ITA be issued?

OFFICIAL
However, if a character issue is declared or noted that fal s
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under A5.45 Applicants normally ineligible for a temporary
entry class visa unl
THE  ess granted a character waiver,
whether or not they meet character requirements can
ACT
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 al  other
requirem
UNDER  ents are met.
7
A client has indicated on the EOI
If they otherwise meet one of the exception criteria
submission form that they don’t intend
consider asking them if they answered that questions
to self-isolate for 14 days upon arrival in  correctly. If they made a mistake then record their correct
New Zealand/are unsure at which they
response and consider issuing and ITA.
wil  do so. Should an ITA be issued?

If they confi
INFORMATION rm they don’t intend to self-isolate, or don’t
otherwise meet an exception criteria then refuse the EOI.
RELEASED
8
Can the MFAT Protocol Division continue  H5.1 (a) (vi ) al ows for new diplomatic and consular
to request diplomatic/consular/official
personnel to fil  established positions at a foreign mission
visas for new staff who are accredited
or consular post in New Zealand.
offshore?

EOIs should be referred to Wil iam Wang (Immigration
Manager) in the first instance.

9
The client claims to be a New Zealand
Check AMS records to see if the client has previously held
citizen however doesn’t hold a passport.  an NZ passport:

If yes, ask if they are travelling with the expired NZ
passport. Border wil  then be able to facilitate their travel.
Speak with a TA to proceed.

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.
10
The client has declared they have (or
INZ does not require evidence of COVID-19 testing or
have previously) tested positive for
discharge documentation from individuals who have
COVID-19 or has been exposed to
previously been diagnosed with COVID-19 and who meet
COVID-19. Should I issue them an ITA?
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, wil  be managed by the managed isolation,
quarantine and testing requirements that the individual
wil  need to comply with after their arrival in New
Zealand.

OFFICIAL
It is appropriate, however, that INZ advise individuals who
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may have been exposed to COVID-19 or previously
THE
infected by COVID-19 that it would be in their best
interests to bring any m
ACT  edical 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
UNDER
remain positive despite apparent recovery.

11
A New Zealand citizen/resident has
Close the EOI off as ‘refuse to consider’ and use the
submitted an EOI via AMS. What do I
standard template to inform the client that they are able
decide it as?
to travel to N
INFORMATION  ew Zealand without restriction.
RELEASED
12
Some clients meet Critical Purpose
If it is one of the secondary applicants that don’t meet
requirements and others don’t. How do I  requirements, they can be removed from the EOI and you
decide the EOI in AMS?
can proceed to issue an ITA to the principal and other
secondary applicants who 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 wil  likely be unfavorable or the
principal applicant can be removed, and the EOI re-raised

with one of the secondary applicants as the principal
applicant.
13
Should I be requesting further
In some instances, it may be necessary to request further
information at EOI stage?
information to proceed, however this wil  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.

The exception is requests for medi
OFFICIAL cal information which
should be given a response timeframe of 48 hours.
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14
An EOI submission refers to supporting
Yes. An officer should view the extra submissions prior to
THE
documentation being provided
a decision to ensure fairness.
elsewhere (for example emailed to a
ACT
specific mailbox or an INZ employee). Do
I need to consider this information? UNDER
15
Can I approve an EOI under a different
Yes. Consideration should be given to al  EOIs as to
category than what was applied under?
whether they meet any critical purpose instructions even
INFORMATION
if it differs to what they applied under.
RELEASED

In particular, consideration should always be given as to
whether there are any exceptional humanitarian factors
that would warrant consideration under the humanitarian
category.

Application FAQ General
1
These clients are al  offshore. At
Such scenarios need to be considered on a case by case
application stage, do I need to PPI?
basis. Please consider any Potential y Prejudicial
Information (see E7.15.1).

In summary an IO only needs to undertake PPI process if
the information meets al  of the definition stated at
E7.15.1). If it does not meet 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, immigration officers
should state explicitly in the decline letter and in AMS
notes a clear link 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.

Visa Labelling/Conditions
An applicant can be granted a Critical Purpose Visitor visa for up to 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
OFFICIAL
be granted as single entry visas. If you think a multiple entry
visa should be granted, consult a Technical A
1982dvisor.
Critical Purpose Variation of
A Critical Purpose Variation of Conditions can be granted for
THE
Conditions
a duration in line with the substantive visa.
ACT
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
UNDER
month First Entry Date 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 sho
INFORMATION  uld not be valid for longer than
their partner’s visa in New Zealand.
RELEASED   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.

There are some visa types that wil  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 date stay’ date cannot be altered in AMS. In these
cases, a Critical Purpose Visitor visa wil  need to be raised
and the applicant informed that their original visa conditions
(multiple entry) wil  not apply to the new visa.

Visa types where raising a Variation of Conditions is a known
issue. Holders of these visa types wil need to agree to be
issued a Critical Purpose Visitor visa before the visa is
finalised:
o
60 month General Visitor Visas issued for Chinese
nationals.
o
Parent/Grandparent Visitor visas.

OFFICIAL
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THE
ACT
UNDER
INFORMATION
RELEASED

EOI Decline Decision AMS Template Inserts

Partner/Dependent/Legal Guardian of a New Zealand citizen or residence class visa holder –
H5.25.15(f)

EOI NOT SUCCESSFUL

I have taken immigration instructions H5.25.15(f) into account and am not satisfied the client has
a critical purpose to travel to New Zealand because:
•   [Please state particulars in EOI/AMS/IGMS that pertains to the declined decision – DO
NOT COPY AND PASTE – PLEASE USE FURTHER BULLET POINTS IF NECESSARY]
As per immigration instructions H5.25.20, a person wil  be considered to be the
partner/dependent child of a New Zealand citizen, or permanent resident visa holder, or resident
visa holder, or Australian citizen or permanent resident who is ordinarily resident in New Zealand,
if they meet the requirements for partners/dependent children specified in E4.1. One of the
following requirements must also be met:
i. Be travelling with that New Zealand citizen or residence class visa holder; or
OFFICIAL
ii. Be ordinarily resident in New Zealand; or
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iii. Have a visa based on your relationship to the New Zealand citizen or residence
THE
class visa holder.
ACT

Based on information provided in the request form and any additional information Immigration
New Zealand already holds or has requested, it has not been demonstrated that the client is living
together in a genuine and stable relationship with the
UNDER ir New Zealand Citizen or residence class
visa holder partner.
OUT OF SCOPE
INFORMATION
RELEASED
Based on information provided in the request form and any additional information Immigration
New Zealand already holds, the client wil  not be travelling with their parent/partner/dependent
child.

Add if partner/parent/legal guardian IN NZ:

Noted supporting partner is currently IN NZ. An EOI assessment is based on current
circumstances- given couple/dependent and parent/child and legal guardian are not located in the
same geographical location, current uncertainty/inability to confidently confirm travel plans and
that the couple are not travelling together at the time of assessment, I am not satisfied H5.25.15
(f) is met.

AND/OR
Based on information provided in the request form and any additional information Immigration
New Zealand already holds, the client does not appear to be ordinarily resident in New Zealand.
AND/OR
Based on information provided in the request form and any additional information Immigration
New Zealand already holds the client does not hold a visa based on their relationship to their
parent/partner/dependent child. Please note that General Visitor Visas do not meet the
requirement of a relationship based visa.

EOI refused. The client is not invited to apply for a visa or variation of conditions.

Onshore Australians

EOI NOT CONSIDERED

I have taken the EOI submission into account and am not satisfied the client has a critical purpose
to travel to New Zealand because:
•   [Please state particulars in EOI/AMS/IGMS that pertains to the declined decision – DO
NOT COPY AND PASTE – PLEASE USE FURTHER BULLET POINTS IF NECESSARY]
•  I have considered COVID—19 restricted Immigration Instructions aim to achieve certainty
OFFICIAL
about the limited situations where travel to New Zealand for non-New Zealand citizens
and residents is allowed while COVID-19 poses a significant threat
1982 to New Zealand. I have
determined the client is currently in New Zealand.
THE
•  Client falls under H5.1(a)(iii) as they were granted a resident visa on their last arrival in
ACT
New Zealand.
•  Communication to the client regarding an application for a VOTC before departure is to be
given via decision email.
UNDER

I have considered whether the client meets any other border exception criteria and they do not
appear to. I have also considered if there are any humanitarian aspects to their claim in line with
instruction H5.30.25 and can find none. EOI refused. The client is not invited to apply for a visa or
variation of conditions.

INFORMATION
Onshore – al  others RELEASED

EOI NOT SUCCESSFUL

I have taken the EOI submission into account and am not satisfied the client has a critical purpose
to travel to New Zealand because:
•   [Please state particulars in EOI/AMS/IGMS that pertains to the declined decision – DO
NOT COPY AND PASTE – PLEASE USE FURTHER BULLET POINTS IF NECESSARY]
•  I have considered COVID—19 restricted Immigration Instructions aim to achieve certainty
about the limited situations where travel to New Zealand for non-New Zealand citizens
and residents is allowed while COVID-19 poses a significant threat to New Zealand. I have
determined the client is currently in New Zealand. The client therefore does not meet
H5.5 (a).
•  Communication to the client regarding a subsequent EOI submission should their
circumstances is to be given via decision email.

I have considered whether the client meets any other border exception criteria and they do not
appear to. I have also considered if there are any humanitarian aspects to their claim in line with
instruction H5.30.25 and can find none. EOI refused. The client is not invited to apply for a visa or
variation of conditions.

NZ Citizens and Residents - Clients exempt from border restrictions

EOI REFUSE TO CONSIDER

I have taken the EOI submission into account and am not satisfied the client requires an
assessment for a travel exception because:
•  [Please state particulars in EOI/AMS/IGMS that pertains to the declined decision – DO
NOT COPY AND PASTE – PLEASE USE FURTHER BULLET POINTS IF NECESSARY]
•  NZ border closure does not affect New Zealand citizens and residents who are returning
to New Zealand. New Zealand citizens, permanent residents and residents with valid
travel conditions returning to New Zealand may travel to New Zealand and do not need
approval from Immigration New Zealand before travelling.

I have considered whether the client meets any other border exception criteria and they do not
appear to. I have also considered if there are any humanitarian aspects to their claim in line with
instruction H5.30.25 and can find none. EOI refused. The client is not invited to apply for a visa or
OFFICIAL
variation of conditions.

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THE
Second or Subsequent Resident Visa (SSRV) – ONLY Clients exempt from border restrictions
ACT

EOI REFUSE TO CONSIDER

UNDER
I have taken the EOI submission into account and am not satisfied the client requires an
assessment for a travel exception because:
•  [Please state particulars in EOI/AMS/IGMS that pertains to the declined decision – DO
NOT COPY AND PASTE – PLEASE USE FURTHER BULLET POINTS IF NECESSARY]
•  Client held their initial resident visa while in New Zealand
•  Client has been granted an SSRV while offshore
INFORMATION
•  As per H5.1(a)(xi), NZ border closure does not affect Residents who are the holders of a
RELEASED
Second or Subsequent Residence Visa (SSRV) and who previously held their initial resident
visa while in New Zealand. The client does not need approval from Immigration New
Zealand before travelling.

I have considered whether the client meets any other border exception criteria and they do not
appear to. I have also considered if there are any humanitarian aspects to their claim in line with
instruction H5.30.25 and can find none. EOI refused. The client is not invited to apply for a visa or
variation of conditions.

Health/Character/Bona fides – H5.10(c)(i)

EOI NOT SUCCESSFUL

I have taken immigration instructions H5.10(c)(i) into account and am not satisfied the client has a
critical purpose to travel to New Zealand because:

•   [Please state particulars in EOI/AMS/IGMS that pertains to the declined decision – DO
NOT COPY AND PASTE – PLEASE USE FURTHER BULLET POINTS IF NECESSARY]
•  Immigration instructions H5.10 (c) (i) outline that an immigration officer may invite a
person to apply for a Critical Purpose visitor visa, another visa appropriate to their
circumstances or variation of conditions if they are satisfied that the information available
does not indicate any health, character or bona fide issues that would prevent any person
who will be included in the application to be granted a visa or variation of conditions.
•  Based on information provided in the EOI and information on AMS, there are [health]
[character] [bona fide] issues that may prevent the client from being granted a visa or
variation of conditions.

I have considered whether the client meets any other border exception criteria and they do not
appear to. I have also considered if there are any humanitarian aspects to their claim in line with
instruction H5.30.25 and can find none. EOI refused. The client is not invited to apply for a visa or
variation of conditions.

EOI submission incorrectly claiming Nationality as Australian

EOI NOT SUCCESSFUL

OFFICIAL
I have taken immigration instructions H5.10(c)(i) into account and am not satisfied the client has a
critical purpose to travel to New Zealand because:
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•   [Please state particulars in EOI/AMS/IGMS that pertai
THE  ns to the declined decision – DO
NOT COPY AND PASTE – PLEASE USE FURTHER BULLET POINTS IF NECESSARY]
ACT
•  Based on information provided in the EOI and information on AMS, I am not satisfied
correct identity details have been provided. I am not satisfied the client is an Australian
Citizen. I have determined there are bona fide issues that may prevent the client from
UNDER
being granted a visa or variation of conditions.

I have considered whether the client meets any other border exception criteria and they do not
appear to. I have also considered if there are any humanitarian aspects to their claim in line with
instruction H5.30.25 and can find none. EOI refused. The client is not invited to apply for a visa or
variation of conditions.
INFORMATION

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Transit Request – Please decline based on the CP EOI was submitted under. Please add the
below to the declined decision as a bullet points:
•  I have determined the client’s request is for transit through New Zealand.
•  We do not consider transit requests to meet a critical purpose for travel to New Zealand
under COVID-19 restricted instructions.

EOI Decline Decision Email Template Inserts

Partner/Dependent/Legal Guardian of a New Zealand citizen or residence class visa holder –
H5.25.15 (f)
We are not satisfied that you meet the criteria to be granted an exception to the current border
closure on the basis of your relationship with a New Zealand citizen or residence class visa holder.
We are therefore not satisfied you have a critical purpose for travel to New Zealand as outlined in
immigration instructions H5.25.15 (f) and H5.10(c).
As per immigration instructions H5.25.20, a person will be considered to be the partner/dependent
child of a New Zealand citizen, or permanent resident visa holder, or resident visa holder, or
Australian citizen or permanent resident who is ordinarily resident in New Zealand, if they meet the
requirements for partners/dependent children specified in E4.1. One of the fol owing requirements
must also be met:
i.
Be travelling with that New Zealand citizen or residence class visa holder; or
ii. Be ordinarily resident in New Zealand; or
iii. Have a visa based on your relationship to the New Zealand citizen or residence
class visa holder.
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Based on information provided in the request form and any additional information Immigration New
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Zealand already holds or has requested, it has not been demonstrated that you are living together in
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a genuine and stable relationship with your New Zealand Citizen or residence class visa holder
partner.
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AND/OR
Based on information provided in the request form and any additional information Immigration New
Zealand already holds, you will not be travelling with your parent/partner/dependent child.

Add if partner IN NZ
We note that your supporting partner is currently in New Zealand. This assessment is based on
current circumstances- given you and your partner are not located in the same geographical
location, current uncertainty/inability to confidently confirm travel plans and that you are not
travelling together at the time of assessment, we are not satisfied H5.25.15 (f) is met.

AND/OR
Based on information provided in the request form and any additional information Immigration New
Zealand already holds, you do not appear to be ordinarily resident in New Zealand.
AND/OR
Based on information provided in the request form and any additional information Immigration New
Zealand already holds you do not hold a visa based on your relationship to your
parent/partner/dependent child. Please note that General Visitor Visas do not meet the requirement
of a relationship based visa.

Add if Onshore Australian Citizen/Resident
Please note if you want to ensure that your single entry residence visa (that you may be granted
upon entry into New Zealand) does not expire when you depart New Zealand, you wil  need to apply
for a Resident- Variation of Travel Conditions visa before you depart New Zealand. This will be
granted with travel conditions valid for 24 months from the date you most recently entered New
Zealand. This visa will enable you to re-enter New Zealand for this period as a returning resident
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without having to be granted a further exception by Immigration New Zealand. The guide to apply
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and relevant application form can be found here: https://www.immigration.govt.nz/new-zealand-
visas/apply-for-a-visa/tools-and-information/general-informatio
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NZ Citizens and Residents - Clients exempt from border restrictions
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New Zealand citizens, permanent residents and residents with valid travel conditions returning to
New Zealand may travel to New Zealand and do not need approval from Immigration New Zealand
before travelling.
Immigration instructions H5.1 (a) (v) outlined that measures are in place to prevent and prohibit
travel to New Zealand of al  persons except New Zealand cit
INFORMATION  izens, permanent resident visa holders
and resident visa holders who have enter
RELEASED ed New Zealand as the holder of a resident visa, or were
granted a resident visa in New Zealand.
More information about your eligibility to travel to New Zealand is available on the Immigration New
Zealand website.
https://www.immigration.govt.nz/about-us/covid-19/border-closures-and-exceptions
If you are a New Zealand citizen you must hold a valid New Zealand passport or a citizenship
endorsement in your foreign passport in order to travel to New Zealand as a citizen.
New Zealand passports are issued by the Department of Internal Affairs and can usually be applied
for online: https://www.passports.govt.nz/most-citizens-can-apply-for-their-passport-online/most-
citizens-can-apply-for-their-passport-online/.

New Zealand citizenship endorsements are issued by Immigration New Zealand. Information about
applying for an endorsement is available here: https://www.immigration.govt.nz/new-zealand-

visas/already-have-a-visa/my-situation-has-changed/live/im-now-a-new-zealand-citizen-but-travel-
on-my-old-passport.

Second or Subsequent Resident Visa (SSRV) – ONLY Clients exempt from border restrictions
Residents who are the holders of a Second or Subsequent Residence Visa (SSRV) and who previously
held their initial resident visa while in New Zealand do not need approval from Immigration New
Zealand before travelling.
Immigration Instructions Y3.30(a)(viii) outline that people who previously held their initial resident
visa while in New Zealand, and are the holders of a second or subsequent resident visa granted
offshore, and who are travelling to New Zealand for the first time as the hold of that visa may be
granted entry permission.
More information about your eligibility to travel to New Zealand is available on the Immigration New
Zealand website.
https://www.immigration.govt.nz/about-us/covid-19/border-closures-and-exceptions

Transit Request
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We have considered your request form under the exceptions criteria chosen and determined your
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request is for transit through New Zealand. We do not consider transit requests to meet a critical
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purpose for travel to New Zealand under COVID-19 restricted instructions.
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More information about requesting permission to transit New Zealand is available on the
Immigration Website.
https://www.immigration.govt.nz/new-zealand-visas/ap
UNDER  ply-for-a-visa/tools-and-information/your-
journey-to-new-zealand/before-you-travel-to-new-zealand/transit-passengers

Health/Character/Bona fides – H5.10(c)(i)
INFORMATION
Immigration instructions H5.10 (c) (i) outline that an immigration officer may invite a person to apply
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for a Critical Purpose visitor visa, another visa appropriate to their circumstances or variation of
conditions if they are satisfied that the information available does not indicate any health, character
or bona fide issues that would prevent any person who wil  be included in the application to be
granted a visa or variation of conditions.

Based on information provided in the request form and any additional information Immigration New
Zealand already holds, there are [health] [character] [bona fide] issues that may prevent you from
being granted a visa or variation of conditions.
OUT OF SCOPE

OUT OF SCOPE

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ITA Decision AMS Template Inserts

Partner/Dependent/Legal Guardian of a New Zealand citizen or residence class visa holder –
H5.25.15(f)

EOI SUCCESSFUL:

I have taken immigration instructions H5.25.15(f) into account and am satisfied the client has a
critical purpose to travel to New Zealand because:
•   [Please state particulars in EOI/AMS/IGMS that pertains to ITA – DO NOT COPY AND
PASTE – PLEASE USE FURTHER BULLET POINTS IF NECESSARY]
AND •  I have determined the client is a partner/dependent child/legal guardian travelling with
the New Zealand citizen or residence class visa holder
OR  •  I have determined the client is a partner/dependent child/legal guardian of a New Zealand
citizen or residence class visa holder ordinarily resident in New Zealand
OR
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•  I have determined the client is a partner/dependent child/legal guardian and has a visa
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based on their relationship to the New Zealand citizen or residence class visa holder.

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ITA issued. Satisfied health, character and bona fide requirements appear met at this stage. The
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client has been invited to apply under H5.10 for a visitor visa/VOC.

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Further Templates – Insert BEFORE/AFTER the above templates as
necessary
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Insert to add BEFORE appropriate template if assessment is under DIFFERENT CRITERIA than
Claimed by client

EOI SUCCESSFUL UNDER DIFFERENT CRITERIA:
Based on the information provided, the client has applied for an exception under [H5.25.15(X)].

Insert to add AFTER appropriate template if client holds Relationship based visa

INFORMATION WARNING ADDED AND AUTHORISED TO ALLOW CLIENT TRAVEL TO NEW
ZEALAND. I have not proceeded to an ITA as client has a valid relationship based visa. Client has
been informed they can travel to NZ on their current visa.

Information warning to add:

Client meets exceptions criteria to travel to NZ

The client is eligible to travel to New Zealand despite the current NZ Border closure because they:

· Are the partner/dependent child/legal guardian of a NZ citizen or resident and are travelling
with them to NZ

· Are the partner/dependent child of a NZ citizen or resident and has a visa that was granted
on the basis of their relationship
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This assessment must be considered when deciding to grant the client entry permission while
COVID-19 border closures are in place.
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See the client notes for more information about this assessment.
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ITA TLS Template Inserts

CP VV Application Instructions Blurb
Please note that your Critical Purpose visa will need to be approved prior to travel. It is not advisable
to make travel plans or attempt to travel without your Critical Purpose visa application being
completed as you may not be permitted to board your flight.

You have been invited to apply for a Critical Purpose visa which means you must select the Critical
Purpose Visitor visa option when you apply online as indicated below. Do not select another visa
type even if it better fits your purpose of travel.

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CP VOC Blurb
Please provide evidence with your application that you still meet the requirements of your current
visa. For example this may include evidence of your employment if you hold an employer assisted
work visa or updated evidence of your partnership if you hold a partnership based visa.

If there is a partner/dependents included in the EOI:
Each applicant must apply for a Critical Purpose Variation of Conditions separately.

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EOI Approval Email Template- Inactive NZ Residents

Email Subject Line:
Your Expression of Interest has been approved
Email Attachment
The following eVisa template letters – re-attach resident visa previously issued
Email Body

Dear Client/LIA
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We have assessed your request and are satisfied you/they mee
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despite the current border closure. You/They may travel to New Zealand on the resident visa you/they
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were recently granted.
Please find attached your/their and your/their partner and/or dependent child(ren)’s eVisa details.
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Read the conditions careful y and note that you/they are stil subject to entry permission.
Show the letter to your airline when you check in for your flight to New Zealand.
Please note that Immigration New Zealand is not responsible for flight availability. Alterations to your
visa conditions will not be made in the event travel is not possible. This visa may also not guarantee
INFORMATION
that you meet the transit requirements of other countries.
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Include the fol owing if the visa has been granted on the basis of travel ing with a New Zealander:
You have/your client has been permitted to travel to New Zealand because you/they will be travelling
with a New Zealand citizen/permanent resident/resident family member. You/they must travel to
New Zealand on the same flight.
Include the fol owing if the applicant has mentioned they have had exposure to/tested positive for
COVID-19:
It is recommended that you bring any medical documentation relating to your recent COVID-19
diagnosis with you when you travel to New Zealand (eg. test results, patient discharge information).

EOI Approval Email Template- Relationship Visa Holder

Email Subject Line:
Your Expression of Interest has been approved
Email Attachment
The fol owing eVisa template letters – re-attach relationship based visa
Email Body

Dear Client/LIA

We have assessed your request and are satisfied you/they meet the criteria for travel to New Zealand
OFFICIAL
despite the current border closure. You/They  may travel to New Zealand on the visa you/they
currently hold.
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Please find attached your/their and your/their partner and/or dependent child(ren)’s eVisa details.
Read the conditions careful y and note that you/they are stil  subjec
ACT t to entry permission.
Show the letter to your airline when you check in for your flight to New Zealand.
Please note that Immigration New Zealand is not respo
UNDER nsible for flight availability. Alterations to your
visa conditions will not be made in the event travel is not possible. This visa may also not guarantee
that you meet the transit requirements of other countries.

Include the fol owing if visa expires within 2 months and no
INFORMATION   open application:
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Please note that this Critical Purpose Variation of Conditions visa expires on the XX/XX in line with
your current substantive visa. We note that you have not applied for any further visas at this time.
You must not remain in New Zealand after your visa expires. You must hold a valid visa at all times
while you are in New Zealand. If you do not hold a valid visa you will be in New Zealand unlawfully
and you will be liable for deportation. If you do not leave voluntarily before you are served with a
deportation order you will face a prohibition period preventing your return to New Zealand in the
future.
Include the fol owing if the applicant has mentioned they have had exposure to/tested positive for
COVID-19:
It is recommended that you bring any medical documentation relating to your recent COVID-19
diagnosis with you when you travel to New Zealand (eg. test results, patient discharge information).

EOI Approval Email Template- Ordinarily Resident Australian
Citizen/Permanent Residents

Email Subject Line:
Your application has been approved
Email Attachment
N/A
Email Body

Dear Client/LIA

We have assessed your request and are satisfied you/they meet the criteria for travel to New Zealand
despite the current border closure.
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We have not issued you with a visa. We have placed a note on file for border staff to acknowledge
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your application being assessed as meeting criteria for a travel exception. Staff at check-in for your
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carrier may phone New Zealand’s Immigration Border Operations (IBO) if prompted by their check-in
system.
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As you/they are an Australian citizen or permanent resident, when you/they arrive at the New Zealand
Border a border officer will consider whether to grant you/them entry as a resident. This may require
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a brief interaction with a border officer once you/they arrive in New Zealand.
Please note that Immigration New Zealand is not responsible for flight availability. Alterations to your
visa conditions will not be made in the event travel is not possible. This visa may also not guarantee
that you meet the transit requirements of other countries.
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Include the fol owing if the applicant has mentioned they have had exposure to/tested positive for
COVID-19:
It is recommended that you bring any medical documentation relating to your recent COVID-19
diagnosis with you when you travel to New Zealand (eg. test results, patient discharge information).

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Extra Information Blurbs- Application
Stage

Travel ing to New Zealand and Managed Isolation and Quarantine
Managed isolation or quarantine on arrival is required to protect New Zealand from COVID-19.
This means everyone flying to New Zealand will need to get a Managed Isolation Allocation Voucher
confirming they have been allocated a place in a managed isolation facility before they can board
their flight. A small number of people will be exempt from this, but they may be asked at check-in or
when boarding to provide evidence of their exemption. You can find out how to get a voucher or an
exemption on www.miq.govt.nz
If you require an emergency MIQ allocation, please note that for some emergency allocations, you
must hold New Zealand citizenship or you must be a New Zealand resident[1] to be eligible to apply.
Holding a temporary visa – including a critical purpose visa - means you will be ineligible to apply for
most emergency allocation categories.  For further information on emergency MIQ allocations,
please refer to https://www.miq.govt.nz/travel-to-new-zealand/secure-your-place-in-managed-
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isolation/emergency-allocation-requests/
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((1] Resident visa class holders who are normal y resident in New Zealand.)
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Unless exempt, you must present your Managed Isolation Allocation
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your flight.

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Australians
As you or your family member(s) are an Australian citizen or permanent resident, when you arrive at
the New Zealand Border a border officer will consider whether to grant you entry as a resident. This
may require a brief interaction with a border officer once you arrive in New Zealand.
INFORMATION

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Please note if you want to ensure that your single entry residence visa (that you may be granted
upon entry into New Zealand) does not expire when you depart New Zealand, you wil  need to apply
for a Resident- Variation of Travel Conditions visa before you depart New Zealand. This will be
granted with travel conditions valid for 24 months from the date you most recently entered New
Zealand. This visa will enable you to re-enter New Zealand for this period as a returning resident
without having to be granted a further exception by Immigration New Zealand. The guide to apply
and relevant application form can be found here: https://www.immigration.govt.nz/new-zealand-
visas/apply-for-a-visa/tools-and-information/general-information/variation-of-travel-conditions.

Impending visa expiry
Please note that this Critical Purpose Variation of Conditions visa expires on the XX/XX in line with
your current substantive visa. We note that you have not applied for any further visas at this time.
You must not remain in New Zealand after your visa expires. You must hold a valid visa at all times

while you are in New Zealand. If you do not hold a valid visa you will be in New Zealand unlawfully
and you will be liable for deportation. If you do not leave voluntarily before you are served with a
deportation order you will face a prohibition period preventing your return to New Zealand in the
future.
COVID-19 diagnosis declared
It is recommended that you bring any medical documentation relating to your recent COVID-19
diagnosis with you when you travel to New Zealand (eg. test results, patient discharge information).

Include the fol owing if the visa has been granted on the basis of travel ing with a New Zealander:
You have been granted this visitor visa/variation of conditions/ second or subsequent resident visa on
the basis of travelling with a New Zealand citizen/permanent resident/resident visa holder. You must
travel to New Zealand on the same flight.

Include the fol owing if the VOC visa expires within 2 months and no open application:
Please note that this Critical Purpose Variation of Conditions visa expires on the XX/XX in line with
your current substantive visa. We note that you have not applied for any further visas at this time.
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You must not remain in New Zealand after your visa expires. You must hold a valid visa at all times
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while you are in New Zealand. If you do not hold a valid visa you will be in New Zealand unlawfully
and you will be liable for deportation. If you do not leave volun
THE tarily before you are served with a
deportation order you will face a prohibition period preventing your return to New Zealand in the
ACT
future.
Include the fol owing if the applicant has mentioned they have had exposure to/tested positive for
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COVID-19:
It is recommended that you bring any medical documentation relating to your recent COVID-19
diagnosis with you when you travel to New Zealand (eg. test results, patient discharge information).

INFORMATION

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