UNCLASSIFIED
Consider false, misleading, or withheld
information
The New Zealand immigration system relies on factual information provided by applicants to
determine in each particular case if the requirements allowing the grant of a visa are met. The
Immigration Act (the Act) imposes a strict obligation on applicants to truthfully inform Immigration
New Zealand (INZ) of all material facts, including when their circumstances change after they make
their application.
Several provisions found in the Operational Manual allow for the decline of a visa application if there
is an instance of false or misleading information provided, or relevant information withheld. The
correct provision and SOP to use depends on the circumstances.
SOP 1: Consider false, misleading or withheld information in current visa application (not associated
to an Expression of Interest (EOI) containing false info)
Act
•  When an immigration officer suspects false or misleading information has been provided or
relevant information withheld (including when an immigration officer is not informed of a
material change in circumstances) by an applicant or their agent in the visa application they
are currently assessing.
SOP 2: Consider false, misleading  or withheld information in  a  previous visa application or un-
associated Expression of Interest (EOI)
Information
•  If the false, misleading, or withheld information was in a previous application or un-
associated EOI.
SOP 3: Consider false information in an Expression of Interest (EOI) not repeated in a visa application;
or  SOP 4: Consider false, misleading or withheld  information in an EOI that is repeated  in visa
Official
application
•  If the application has been made as the result of an EOI (also referred to as an ‘associated
EOI’) which contains false, misleading, or withheld information.
under
Refer to the flowchart below to choose the correct SOP to fol ow:

Released

SOP – Consider false, misleading, or withheld information

(1) Consider false, misleading, or withheld
information in current visa application (not
associated to an Expression of Interest (EOI)
containing false information)
Date Published: 25 September 2023
Classification: Unclassified
Background
Section 58(6) of The Immigration Act 2009 (the Act) states that it is sufficient ground to decline to
Act
grant  a  visa  to  an  applicant  if  they,  whether  personally  or  through  an  agent,  submitted  false  or
misleading information, withhold relevant information, or did not ensure an immigration officer was
informed of any material change in circumstances during the course of the application.
When to use
When an immigration officer suspects false or misleading (FMW) information has been provided or
relevant information withheld (including when an immigration officer is not informed of a material
change  in  circumstances)  by  an  applicant  or  their  agent  in  the  visa  application  they  are  currently
Information
assessing.
Role
•  Immigration Officer (IO), or
•  Technical Advisor (TA)
Official

Related Resources
•  IAC 23/01 - False, misleading and withheld information - impact on visa applications
under
•  Potentially prejudicial information (PPI) false information guidance
•  VisaPak 300 - Authorising Alerts and Warnings
•  SOP Assess Risk and Conduct Verification
General notes
At any stage during the steps below, it is acceptable to seek clarification of a piece of information
either  from  the  applicant,  a  third  party,  or  (in  accordance  with  the  verification  SOP  above)  a
Released
verification officer.
This SOP is written for processing applications in AMS.
Steps
1.  Identify the suspected false, misleading, or withheld (FMW) information

Note:  A  suspicion  that  a  piece  of  information,  or  purported  set  of  facts,  relating  to  the
applicant/application  may  be  false,  misleading,  or  withheld  may  arise  from  the  result  of  a
verification  activity  or  from  an  initial  assessment  of  the  application.  If  identification  of  suspected
FMW  information  comes  from  a  verification  activity,  it  is  unlikely  that  Step  2  will  be  needed;
however, whether the incorrect information can be disregarded should still be considered.

2.  Disregard opinions, exaggerated claims, or trivial mistakes

When considering the incorrect or incomplete information, an IO can disregard the following:
•  trivial mistakes or trivial omissions
•  opinions or exaggerated claims (for example, about their occupation)
•  information required for lodgement purposes that is incorrect in the first instance, but:

o  the applicant later corrects the incorrect information (and/or
acknowledges it was incorrect) without prompting from INZ; and
o  IO is satisfied that it is a case where the applicant made reasonable
efforts to provide accurate information in the first instance and where
circumstances beyond their control caused those efforts to be
unsuccessful; or
o  if no effort was made, IO is satisfied that circumstances beyond their
control would have caused any effort to be unsuccessful Act

If IO decides that they
Then
Cannot disregard the incorrect or incomplete
Go to next step
information on any of the grounds above (i.e.,
that information should be considered as FWM
information)

Information
Can disregard the incorrect or incomplete
The IO should make a brief record in the
information on any of the grounds above
assessment template that the matter can be

disregarded, noting the reasons why

End process
Official

3.  Decide if there is potentially prejudicial information (PPI) related to the FMW information that
should be put to the applicant
under

Note: The definition of PPI (which must be put to the applicant) is any information that may
adversely impact on the outcome of the application (see E7.15 for temporary entry and R5.20.5 for
residence). Refer to Potentially prejudicial information (PPI) false information guidance.
Note: For offshore temporary entry visa applicants, the definition of PPI is also information that the
applicant is not necessarily aware of (or is not publicly available) and which they have not previously
Released
had an opportunity to comment on (see E7.15.1).
Consider:
If
Then
There is PPI which must be put to  •  Send a PPI letter to the applicant. See SOP Communicate
the applicant for comment
potentially prejudicial information (PPI)

•  Use AMS template V398 for the PPI letter. Ensure to
include the following information in the letter:
o  Explain the concern that false or
misleading information has been
provided, or relevant information
withheld; and

o  Invite comment on the concern; and
o  Invite comment on why they think they
should be granted a visa, in the event the
concern remains
•  Go to next step

There is no PPI which must be put  Go to next step
to the applicant for comment

4.  Consider any response received from the applicant (if applicable), make a determination about
whether there is FMW information, and decide the application

If IO is satisfied that
Then
Act
It is more likely than not that there is
Go to Step 5 to decline application
FMW information

and

It is appropriate to decline the
application under s58(6) given the
circumstances
Information

It’s more likely than not that there is
•  Record the decision and rationale in AMS template
FMW information
V586 (False and misleading information template)

and briefly in the Visa Assessment Tool (VAT) or
but
Official
assessment notes

•  Continue assessment of application and (if a QC is
It is not appropriate to decline the
required) refer to SOP Submit an application for
application on the grounds of s58(6)
Quality Control (QC) Check once decision has been
given the circumstances
made
under

•  In the decision letter, use Row 7 from the Letter
Insert Bank (if declining the application) or Row 8
(if approving the application). Ensure that the
applicant is advised:

o  The reason(s) why the IO is satisfied that false or
Released
misleading information was provided or relevant
information withheld in their visa application.
o  It has been decided not to decline the application
on the grounds of s58(6) of the Act
o  That the FMW information may require a character
waiver in future applications

•  Go to Step 6 to raise a character warning

The ‘FMW’ information (that is, the
•  Record the decision and rationale in AMS template
information that was initially thought to
V586 (False and misleading information template)
be FMW) is no longer considered FMW
and briefly in the VAT or assessment notes
information*
•  Continue assessment of application and (if a QC is

required) refer to SOP Submit an application for
*This could occur either because: a) it is
Quality Control (QC) Check once decision has been
determined that the applicant in fact
made
gave correct information; or b) it is
•  In the decision letter (whether the application is
determined that the information
eventually approved or declined) the applicant
provided can be disregarded because it
should be advised that INZ no longer considers that
fits within the parameters of Step 2; or
false or misleading information was provided, or
c) the IO/INZ is now not certain whether
that relevant information was withheld (if the
false or misleading information was
applicant was not aware there was a potential
provided, or whether material
issue with FMW information, there is no need to
information was withheld.
include this advice to the applicant); see Row 14

from the Letter Insert Bank

End process

Act

5.  Decline the application

Refer to either SOP Decline application (temporary entry) or SOP Decline application (Residence),
additionally ensuring that the following FMW-specific instruction is followed:
•  Record the rationale for declining the application on the grounds of FMW information in AMS
template V586 (false and misleading information template).
Information
•  Record a reference to the template above in the VAT or assessment notes: “This application is
being declined on the basis of [false/misleading/withheld] information. See False Information
Assessment template for more details.”
•  Decline the application using the AMS decline type for false information.
•
Official
  Use Row 5 from the Letter Insert Bank (for temporary visa application) or Row 6 (for resident
visa application) in the decision letter. The applicant must be advised:
o  The reason(s) why the IO is satisfied false or misleading information was provided or
relevant information withheld in their visa application;
o  That the FMW information may require a character waiver in future applications,
under
and
o  That their ability to travel via visa waiver (E2.1) has been removed (if applicable)
•  Attach the False Info Assessment to the decision letter.
•  Once the application has been completed in AMS, go to Step 6 to raise a character warning (this
is separate to any visa suspension warning that may be raised at Step 7).

Released
6.  Raise  a  character  warning  against  each  adult  (age  18  and  over)  applicant  included  in  the
application, recording the false or omitted information

Note: A warning should not be raised against a dependent child (aged 18 years or above) if the FMW
information was not regarding that child (see A5.25.5(g)).

•  In the AMS Client Alert tab, click on ‘Add’ to raise a character warning.
•  The warning must expire 100 years from today’s date, as below:

Act
Information
Official

•  Enter one of the below notes (whichever is applicable):

under
“False or misleading information was provided in application  [application number].  Please see the
application notes for further details.”
OR

“Relevant information was withheld in application [application number].  Please see the application
notes for further details.”
Released
•  Add the following note to the warning if the application was not declined using s58(6):

“Although  I  did  not  decline  the  application  on  this  basis,  it  remains  a  character  issue  for  this
applicant and will need to be addressed in any further application this person may make.”
Note:  An  IO  or  TA  can  add  the  warning,  but  it  needs  authorisation  from  a  Practice  Lead  or
Immigration Manager (IM) before the status will change to 'active'.

7.  If the applicant  is from  a visa waiver country, consider a special direction under s69(2)(d) of
the Act to remove their ability to travel to New Zealand visa

If
Then

It is appropriate to suspend the
Create an AMS alert with the following details:
applicant’s visa waiver status

Code:  Visa-Waiver Suspended
Action:  Stop from Boarding at Check in coming to NZ
Informant:  Immigration New Zealand
Expires: (This is automatically set at 100 years)
Enter the following notes:
Pursuant to Sections 69(2)(d) and 378 of the Immigration
Act 2009 I [your name],  Technical Advisor, hereby direct
that the waiver of the requirement to hold a visa for travel
to New Zealand that normally applies to citizens of
countries as provided by Schedule 2 of the Immigration
(Visa, Entry Permission, and Related Matters) Regulations
2010 is suspended forthwith in the case of [client name],
DOB [date of birth].
Act

When refused at check-in as a result of this alert the client
should be advised to contact INZ to discuss their options in
applying for a visa from offshore.

The reason for this decision is that there are character
concerns which have come to INZ’s attention. [Give some
detail here.] These concerns should be addressed if this
Information
person applies for another visa.

Technical Advisor
Schedule 3 delegations
[date]  Official

8.  If the FMW information indicates or supports evidence of a new risk trend, discuss with IM as
to whether the matter should be reported to the Verification team
under

Refer to the Verification Toolkit, if applicable.
END

Released

(2) Consider false, misleading, or withheld
information in a previous visa application or
un-associated Expression of Interest (EOI)
Date Published: 25 September 2023
Classification: Unclassified
Background
Character  instructions  allow  for  the  decline  of  a visa  application  if  false  or misleading  information
was provided, or relevant information withheld, in a previous visa application or un-associated (not
associated or related to current application) expression of interest (EOI) submitted by the applicant.
Act
This includes when the immigration officer processing the past application or EOI was not informed
of a material change in circumstances.
When to use
When  an  immigration  officer  identifies  suspected  or  determined  false,  misleading,  or  withheld
(FMW) information in a previous application or un-associated EOI submitted by any of the applicants
included in the current application
Information
Role
•  Immigration Officer (IO), or
•  Technical Advisor (TA)

Official
Related Resources
•  IAC 23/01 - False, misleading and withheld information - impact on visa applications
•  VisaPak 300 - Authorising Alerts and Warnings
•  SOP Assess Risk and Conduct Verification
under
General notes
At any stage during the steps below, it is acceptable to seek clarification of a piece of information
either  from  the  applicant,  a  third  party,  or  (in  accordance  with  the  verification  SOP  above)  a
verification officer.
This SOP is written for processing applications in AMS.
Released
Steps

1.  Identify any determined or suspected FMW information in a prior EOI or application

The avenues by which an IO may become aware of the FMW information include (but are not limited
to):
•  a person being declined a previous visa application, on the basis of section 58(6) of the Act
•  a  person  being  declined  a  previous  application  for  a  variation  of  conditions  or  travel
conditions, due to FMW information
•  post-application verification activity identifying FMW information in a previous application
•  a person being declined a visa under character instructions for FMW information

•  a file record from a previous IO noting a determination that there was FMW information in a
prior  application,  but  where  that  IO  also  noted  that  they  decided  not  to  decline  the
application  on  that  basis;  if  the  previous  IO  followed  the  proper  process,  they  would  have
also advised the applicant of this in the communication regarding the visa decision
•  a file record noting a suspicion of FMW information in a prior application, but where the full
facts of this incident did not come to light until after that application was decided
•  the current IO discovering there was potentially FMW information in a prior application or
EOI, based in part on the information to hand; for example, Mr X may provide evidence in the
current application – submitted in August 2023 - that he had married Ms Y in January 2018,
but he had declared he was single in a February 2018 application.

2.  Is the problematic information determined to be FMW information, or only suspected to be?

If
Then
A previous IO declined the person’s application
•  The problematic information is
Act
or EOI on the basis of FMW information
determined to be FWW information

•  Go to Step 5, unless there are concerns
OR
about the previous determination, in

which case see note below
A previous IO recorded a determination of

FMW information but made a decision not to
Note:  There  is  nothing  preventing  the  IO,
decline the EOI or application on that basis
despite  any  previous  IO’s  determination  of
Information

FMW  information,  from,  for  example,  using
OR
Step  4  (prior  to  going  to  Step  5)  to  assess

whether  the  previous  incorrect  information
the Immigration and Protection Tribunal or the
should have been (and therefore, can currently
Courts made a finding that there was FMW
be) disregarded.
Official
information in a prior visa application or EOI

None of the above apply
The problematic information is only suspected
FWM information
under

3.  Consider whether it is appropriate to seek clarification of any piece of information, or of a set
of purported facts, relating to the applicant or application

•  Clarification could be sought from the applicant, a third party, or by making a verification
Released
request. See SOP Request further information (RFI).
•  Once any further clarifying information is received, go to Step 4.

4.  Determine whether the problematic information can be disregarded

a.  Disregard opinions, exaggerated claims, or trivial mistakes

When considering the suspected FMW information, an IO can disregard the following:
•  trivial mistakes or trivial omissions
•  opinions or exaggerated claims (for example, about their occupation)
•  information required for lodgement purposes that is incorrect in the first instance, but:

o  the applicant later corrects the incorrect information (and/or
acknowledges it was incorrect) without prompting from INZ; and
o  IO is satisfied that it is a case where the applicant made reasonable
efforts to provide accurate information in the first instance and where
circumstances beyond their control caused those efforts to be
unsuccessful; or
o  if no effort was made, IO is satisfied that circumstances beyond their
control would have caused any effort to be unsuccessful.

If IO decides they
Then
Can disregard the incorrect or incomplete
Go to Step 16
information on any of the grounds above

Cannot disregard the incorrect or incomplete
Go to Step 4b
information on any of the grounds above (i.e.,
Act
it’s considered as FWM information)

b.    Determine  if  the  FMW  information  can  be  set  aside  due  to  relevant  circumstances,  as  per
character instructions
An incident of FMW information can be set aside in the following circumstances:
Information
•  If a previous IO recorded a determination that the FWW information was not a character
issue (A5.25.5(e)); or
•  The person was under 18 years old at the time (A5.25.5(f)); or
•  A child aged over 18 years was included in an application where the FMW information was
not concerning them (A5.25.5(g)); or  Official
•  The FMW information incident was connected to a report of migrant exploitation (A5.25.7)
Notes:    The  list  above  is  not  exhaustive;  the  IO  should  also  be  familiar  with  the  clarifications
regarding FMW information in A5.25.6.  For processing temporary entry visa applications, there are
equivalent provisions at A5.45.5, A5.45.6, and A5.45.7.
under
If IO decides they
Then
Can disregard the FMW information on any of
Go to Step 16
the grounds above

Cannot disregard the FWM information
Go to next step
Released

5.  Identify whether a character waiver has previously been granted when the determined FMW
information was the (or one of the) character issue(s)
If
Then
There has been a previous character
•  Use the fast-track process in the appropriate
waiver* granted with respect to the
character assessment and waiver assessment
incident(s) of FMW information
template. See  Select the correct Character

Assessment and Waiver Assessment Template
AND
•  If, by using the template, it is discovered that

the fast-track process cannot be applied in this
it is intended to again grant a character

waiver
case, go to Step 6

•  Continue assessment of application and (if a
*Note: A decision not  to use  s58(6)  for
QC is required) refer to SOP Submit an
an incident of FMW information counts
application for Quality Control (QC) Check once
as  a  character  waiver,  but  only  for  the
decision has been made
purposes of the fast-track process.
•  Once QC has been completed and TA agrees

with decision, refer to SOP Approve application
(issue eVisa and notify applicant). Refer to note
below for information to include in decision
letter

Note:  The  applicant  should  be  advised  in  the  decision
letter that  a  character waiver  was  granted  because  of
their  previous  character  waiver,  and  that  their
circumstances  were  such  that  another  waiver  was
Act
appropriate.    They  should  be  reminded  that  a  further
waiver  would  be  needed  in  the  next  application  and
that  (with  this  future  application) they  should  provide
submissions as to why it should be granted. Use Row 3
from the Letter Insert Bank (for declining applications,
despite  the  waiver),  or  Row  4  (for  approving
applications).

Information
End process

No such character waiver has been
Go to next step
previously granted (or the fast-track
process cannot be used)

Official

6.  Identify if the applicant has already conceded there is a character issue due to the prior
under
incident(s) of FMW information

The  applicant  may  have  conceded/disclosed  their  character  issue  in  a  previous  application,  at
the  time  they  made  the  current  application  (e.g.,  in  a  cover  letter),  or  after  the  current
application was made (for example, in an email sent by their immigration lawyer or adviser, prior
to any formal potentially prejudicial information (PPI) step).

Released
If
Then
The applicant has made such a concession
Go to next step

The applicant has not conceded
Go to Step 8

7.  Identify if the applicant has also made character waiver submissions

The  applicant  or  their  representative  must  have  clearly  indicated  that  their  concession  and
submissions  are  everything  they  wish  to  submit  and  have  nothing  to  add  on  the  issue  –  if  it  is
unclear, a quick phone call or email may be needed to clarify.

If
Then
The applicant has also made submissions on
Go to Step 9
why they think they should be granted a
character waiver

The applicant has not made a submission
•  Invite the applicant to make a

submission by sending them or their
representative a conceded character
PPI letter - refer to the applicable
letter:

Act
o  V323 (temporary); or
o  V319a (residence

•  After receiving a response, go to Step 9

8.  Provide the applicant (in the same letter) an opportunity to comment on both the FMW
Information
information and why they think they should be granted a character waiver

Send the applicant or their representative the applicable PPI letter:
•  V396 (temporary); or
•  V397 (residence)
Official

9.  Consider  the  response  received  from  the  applicant  and  complete  Part  1  of  the  relevant
Character Assessment and Waiver Assessment Template

under
Refer to  Select the correct Character Assessment and Waiver Assessment Template.

If IO concludes at the end of Part 1
Then
That A5.25 or A5.45 applies due to FMW
•  Refer the application to a TA or SIO for
information
a character waiver assessment

•  Go to next step
Released

That character instructions do not apply (either
Go to Step 15
because the suspected FMW information is no
longer FMW information, or for another
reason)

10. (Step for TA or SIO) Complete Part 2 of the relevant Character Assessment and Waiver
Assessment Template

11. (Step for TA or SIO) Identify if applicant’s visa waiver status is currently suspended

•  Check AMS character warnings and any alert labelled ‘Visa-waiver suspended’.
•  Read notes and check that if applicant’s visa waiver status has been suspended by special
direction under s69(2)(d) of the Act.
•  Confirm that the suspension has not been subsequently cancelled.

If
Then
The person is not from a visa waiver country
Go to Step 14

The person’s visa waiver status is not currently
Go to Step 12a
suspended

The person’s visa waiver status is currently
Go to Step 12b
suspended

Act

12. (Step for TA or SIO) Consider whether to suspend an applicant’s visa waiver status, or (if
applicable) whether to continue or remove an existing suspension

12a. For those whose waiver status is not suspended currently:
If
Then
A character waiver was granted at Step 10 for a
•  A suspension should not be considered
Information
residence class visa applicant
•  Go to Step 14

A character waiver was not granted at Step 10
•  A suspension should be considered

•  If a suspension is considered
Official
OR
appropriate, go to Step 13, but if not,

go to Step 14
A character waiver was granted at Step 10 for a

temporary entry class visa applicant

under

12b. For those whose waiver status is suspended currently:
If
Then
A character waiver was granted at Step 10 for a
•  The suspension should be cancelled
residence class visa applicant
•  Go to Step 13
Released

A character waiver was not granted at Step 10
•  The continuation of the suspension

should be considered, though the
OR
decision to do so, or to cancel the

suspension, should be made on a case-
A character waiver was granted at Step 10 for a
by-case basis
temporary entry class visa applicant
•  Go to Step 13

13. (Step for TA or SIO) Load, add to, or cancel the visa suspension alert

If
Then

No alert is yet loaded
Create an AMS alert with the following details:

AND
Code:  Visa-Waiver Suspended

Action:  Stop from Boarding at Check in coming to NZ
It is appropriate to suspend the
Informant:  Immigration New Zealand
applicant’s visa waiver status
Expires: (This is automatically set at 100 years)

Enter the following notes:
Pursuant to Sections 69(2)(d) and 378 of the
Immigration Act 2009 I [your name],  Technical Advisor,
hereby direct that the waiver of the requirement to
hold a visa for travel to New Zealand that normally
applies to citizens of countries as provided by Schedule
2 of the Immigration (Visa, Entry Permission, and
Related Matters) Regulations 2010 is suspended
forthwith in the case of [client name], DOB [date of
Act
birth].

When refused at check-in as a result of this alert the
client should be advised to contact INZ to discuss their
options in applying for a visa from offshore.

The reason for this decision is that there are character
concerns which have come to INZ’s attention. [Give
Information
some detail here.] These concerns should be addressed
if this person applies for another visa.

Technical Advisor
Schedule 3 delegations
Official
[date]

There is already a visa suspension alert
•  Add notes to the existing alert that, in light of

the circumstances of the latest waiver decision,
under
AND
it has been decided that it is appropriate for

the suspension to continue. Add any other
It is appropriate for the suspension to
relevant details regarding the decision

continue
There is already a visa suspension alert
•  Add notes to the existing alert explaining the

reason for cancelling the suspension, in light of
AND
the circumstances of the latest waiver decision
Released

•  Delete the alert
It is appropriate for the suspension to
be cancelled

14. (Step for TA or SIO) Refer application back to the IO

15. Complete application
•  Continue assessment of application, and once decision has been made (and if QC is required)
refer to SOP Submit an application for Quality Control (QC) Check.
•  Once QC has been completed and TA agrees with decision (if QC is required), refer to applicable
SOP to decide application

If
Then
Approving application
Refer to SOP Approve application (issue eVisa and notify

applicant)

Declining application
Refer to either:

•  SOP Decline application (temporary entry); or
•  SOP Decline application (Residence)

If application is to be declined on character grounds, use the
AMS decline type ‘Decline - failed character’.

16. Advise the applicant of the character and application decisions

Act
If
Then
The character concern remains (whether a
The decision letter must include:
waiver was granted or not) because of the

confirmed incident(s) of FMW information
•  a copy of the character and waiver

assessment template (if the waiver was
declined)
•  Advice that the character concern
remains for any future application and
Information
will need to be addressed
•  (If they are a visa waiver traveller), any
appropriate advice regarding their visa
waiver status

Official
See Rows 1-4 and 15-17 of the Letter Insert
Bank; select the appropriate blurb(s) in
accordance with the circumstances of the
application.
under
The character concern no longer exists
•  Advise the applicant in the decision

letter that it is no longer considered
AND
that the relevant incident(s) amounted

to FMW information; see Row 14 of the
The applicant was aware there was, or might
Letter Insert Bank
Released
have been, a character concern
•  This advice should be provided whether
the application is approved or declined
on other grounds

The character concern no longer exists
There is no need to advise the applicant of any

character concern which would have related to
AND
the suspected FMW information

The applicant was not aware there was, or
might have been, a character concern

17. Create, edit, or delete any relevant character warnings as appropriate

If
Then
The character concern remains
Raise a character warning – refer to Step 6 of

SOP (1) Consider false, misleading, or withheld
AND
information in current visa application (not

associated to an Expression of Interest (EOI)
no character warning has been loaded yet
containing false information)

The character concern remains
Add any relevant updates to the existing

warning, e.g., the result of the latest waiver
AND
assessment

There is an existing character warning

Act
The character concern no longer exists
•  Add notes explaining why the concern

no longer exists
AND
•  Delete the warning

•  Check if there is a Visa-waiver
There is an existing character warning regarding
suspended alert or other warning/alert
the same incident(s)
in AMS which shows that the person’s
visa free status (if applicable) has been
suspended or removed by a previous
Information
officer, on the basis of the character
concern
•  If this is the case, ask a TA to take the
appropriate steps to remove that
barrier for the applicant (e.g., the
Official procedure in Step 13)

under
END

Released

(3) Consider false, misleading, or withheld
information in an Expression of Interest (EOI)
not repeated in a visa application
Date Published: 25 September 2023
Classification: Unclassified
Background
Immigration instructions for the Skilled Migrant and Parent categories allow for the decline of a visa
application if false or misleading information was provided, or relevant information withheld, in the
preceding,  associated  Expression  of  Interest  (EOI)  submitted  by  the  applicant.    These  provisions
Act
apply  even  if  the  applicant  provides  complete  and  truthful  information  in  the  visa  application  (in
other words, even if they do not repeat the false information they had provided in their EOI).
When to use
When  an  immigration  officer  identifies  suspected  or  determined  false,  misleading,  or  withheld
(FMW) information in a previous EOI, but this FMW is not repeated in the current Skilled Migrant or
Parent Category application.
Information
Role
•  Immigration Officer (IO), or
•  Technical Advisor (TA)

Official
Related Resources
•  IAC 23/01 - False, misleading and withheld information - impact on visa applications
•  Potentially prejudicial information (PPI) false information guidance
•  VisaPak 300 - Authorising Alerts and Warnings
under
•  SOP Assess Risk and Conduct Verification
General notes
At any stage during the steps below, it is acceptable to seek clarification of a piece of information
either  from  the  applicant,  a  third  party,  or  (in  accordance  with  the  verification  SOP  above)  a
verification officer.
Released
This SOP is written for processing applications in AMS.
Steps
1.  Identify the suspected false, misleading, or withheld (FMW) information

Note:  A  suspicion  that  a  piece  of  information,  or  purported  set  of  facts,  relating  to  the
applicant/application  may  be  false,  misleading,  or  withheld  may  arise  from  the  result  of  a
verification  activity  or  from  initial  assessment  of  the  application.  If  identification  of  FMW  comes
from a verification activity, it is unlikely that Step 2 will be needed; however, whether the incorrect
information can be disregarded should still be considered.

2.  Disregard opinions, exaggerated claims, or trivial mistakes

When considering the incorrect or incomplete information, an IO can disregard the following:
•  trivial mistakes or trivial omissions
•  opinions or exaggerated claims (for example, about their occupation)
•  information required for lodgement purposes that is incorrect in the first instance, but:

o  the applicant later corrects the incorrect information (and/or
acknowledges it was incorrect) without prompting from INZ; and
o  IO is satisfied that it is a case where the applicant made reasonable efforts
to provide accurate information in the first instance and where
circumstances beyond their control caused those efforts to be
unsuccessful; or
Act
o  if no effort was made, IO is satisfied that circumstances beyond their
control would have caused any effort to be unsuccessful

If IO decides they
Then
Cannot disregard the incorrect or incomplete
Go to next step
information on any of the grounds above (i.e.,
that information should be considered as FWM
information)
Information

Can disregard the incorrect or incomplete
The IO should make a brief record in the
information on any of the grounds above
assessment template that the matter can be

disregarded, noting the reasons why

Official
End process

under
3.  Decide if there is potentially prejudicial information (PPI) related to the FMW information that
should be put to the applicant

Note: The definition of PPI (which must be put to the applicant) is any information that may
adversely impact on the outcome of the application (see E7.15 for temporary entry and R5.20.5 for
residence). Refer to Potentially prejudicial information (PPI) false information guidance.
Released
Note: For offshore temporary entry visa applicants, the definition of PPI is also information that the
applicant is not necessarily aware of (or is not publicly available) and which they have not previously
had an opportunity to comment on (see E7.15.1).
Consider:
If
Then
There is PPI which must be put to  •  Send a PPI letter to the applicant. See SOP Communicate
the applicant for comment
potentially prejudicial information (PPI)

•  Use AMS template V399 for the PPI letter. Ensure to
include the following information in the letter:
o  Explain the concern that false or
misleading information has been

provided, or relevant information
withheld; and
o  Invite comment on the concern; and
o  Invite comment on why they think they
should be granted a visa, in the event the
concern remains
•  Go to next step

There is no PPI which must be put  Go to next step
to the applicant for comment

4.  Consider any response received from the applicant (if applicable), make a determination about
whether there is FMW information, and decide the application

Act
If IO is satisfied that
Then
It is more likely than not that there is  Go to Step 5 to decline application
FMW information

and

It is appropriate to decline the
Information
application under SM3.10.1/F4.5.15
given the circumstances

It’s more likely than not that there is
•  Record the decision and rationale in AMS template
FMW information
Official
V586 (False and misleading information template) and

briefly in the Visa Assessment Tool (VAT) or
but
assessment notes

•  Continue assessment of application and (if a QC is
It is not appropriate to decline the
required) refer to SOP Submit an application for
under
application on the grounds of
Quality Control (QC) Check once decision has been
SM3.10.1/F4.5.15 given the
made
circumstances
•  In the decision letter, use Row 10 from the Letter

Insert Bank (if declining the application) or Row 11 (if
approving the application).  Ensure that the applicant
is advised:
Released

o  The reason(s) why the IO is satisfied that false or
misleading information was provided or relevant
information withheld in their visa application.
o  It has been decided not to decline the application
on the grounds of SM3.10.1/F4.5.15

•  Go to Step 6 to raise a character warning

The ‘FMW’ information (that is, the
•  Record the decision and rationale in AMS template
information that was initially
V586 (False and misleading information template) and
thought to be FMW) is no longer
briefly in the VAT or assessment notes
considered FMW information*
•  Continue assessment of application and (if a QC is

required) refer to SOP Submit an application for
*This could occur either because: a)
Quality Control (QC) Check once decision has been
it is determined that the applicant in
made
fact gave correct information; or b) it  •  In the decision letter (whether the application is
is determined that the information
eventually approved or declined) the applicant should
provided can be disregarded
be advised that INZ no longer considers that false or
because it fits within the parameters
misleading information was provided, or that relevant
of Step 2; or c) the IO/INZ is now not
information was withheld (if the applicant was not
certain whether false or misleading
aware there was a potential issue with FMW
information was provided, or
information, there is no need to include this advice to
whether material information was
the applicant); see Row 14 of the Letter Insert Bank
withheld.

End process

Act
5.  Decline the application

Note: If the applicant is from a visa waiver country, consider a special direction under s69(2)(d) of
the Act to remove their ability to travel to New Zealand via visa waiver. Discuss with TA if unsure.
Refer to either SOP Decline application (temporary entry) or SOP Decline application (Residence),
additionally ensuring that the following FMW-specific instruction is followed:
Information
•  Record the rationale for declining the application on the grounds of FMW information in AMS
template V586 (false and misleading information template).
•  Record a reference to the template above in the VAT or assessment notes: “This application is
being declined on the basis of [false/misleading/withheld] information. See False Information
Assessment template for more details.”  Official
•  Decline the application using the AMS decline type for false information.
•  If the applicant is from a visa waiver country, consider a special direction under s69(2)(d) of the
Act to remove their ability to travel to New Zealand visa waiver
•  Use the appropriate template letter (see note at end of this step). The applicant must be
under
advised:
o  The reason(s) why the IO is satisfied false or misleading information was provided or
relevant information withheld in their visa application
o  That the FMW information may require a character waiver in future applications,
and
o  That their ability to travel via visa waiver (E2.1) has been removed (if applicable)
•  Attach the False Info Assessment to the decision letter.
Released
•  Once the application has been completed in AMS, go to Step 6 to raise a character warning (this
is separate to any visa suspension warning that may have been raised earlier in this process).

Note: As of the day of publishing the first version of this SOP (25 September 2023), the specialised
template letters for these decisions are not yet loaded into TLS, though they should be by the end of
October  2023. If an IO requires assistance  in writing a decline  letter in the meantime, contact  the
SOP team for advice.

6.  Raise  a  character  warning  against  each  adult  (age  18  and  over)  applicant  included  in  the
application, recording the false or omitted information

Note: A warning should not be raised against a dependent child (aged 18 years or above) if the FMW
information was not regarding that child (see A5.25.5(g)).

•  In the AMS Client Alert tab, click on ‘Add’ to raise a character warning.
•  The warning must expire 100 years from today’s date, as below:

Act
Information
Official
under

Released
•  Enter one of the below notes (whichever is applicable):

“False or misleading information was provided in the EOI associated to application [application
number].  Please see the application notes for further details.”
OR

“Relevant information was withheld in the EOI associated to application [application number].
Please see the application notes for further details.”
•  Add the following note to the warning if the application was not declined using
SM3.10.1/F4.5.15):

“Although I did not decline the application on this basis, it remains a character issue for this
applicant and will need to be addressed in any further application this person may make.”
Note:  An  IO  or  TA  can  add  the  warning,  but  it  needs  authorisation  from  a  Practice  Lead  or
Immigration Manager (IM) before the status will change to 'active'.

7.  If the FMW information indicates or supports evidence of a new risk trend, discuss with IM as
to whether the matter should be reported to the Verification team
Refer to the Verification Toolkit, if applicable.
END

Act
Information
Official
under
Released

(4) Consider false, misleading, or withheld
information in an Expression of Interest (EOI)
that is repeated in visa application
Date Published: 25 September 2023
Classification: Unclassified
Background
Section 58(6) of The Immigration Act 2009 (the Act) states that it is sufficient ground to decline to
grant  a  visa  to  an  applicant  if  they,  whether  personally  or  through  an  agent,  submitted  false  or
misleading information, withhold relevant information.
Act
Where that same false or misleading information had been repeated in the preceding, associated EOI,
then immigration instructions for the Skilled Migrant and Parent categories also allow for the decline
of the application.
In such a situation, it is advised that section 58(6) of the Act, rather than immigration instructions, is
used if the immigration officer intends to decline the application.
When to use
Information
When an immigration officer identifies suspected or determined false, misleading, or withheld (FMW)
information  in  a  previous  EOI,  and  this  FMW  is  repeated  in  the  current  Skilled  Migrant  or  Parent
Category application.
Official
Role
•  Immigration Officer (IO), or
•  Technical Advisor (TA)

under
Related Resources
•  IAC 23/01 - False, misleading and withheld information - impact on visa applications
•  Potentially prejudicial information (PPI) false information guidance
•  VisaPak 300 - Authorising Alerts and Warnings
•  SOP Assess Risk and Conduct Verification
Released
General notes
At any stage during the steps below, it is acceptable to seek clarification of a piece of information
either  from  the  applicant,  a  third  party,  or  (in  accordance  with  the  verification  SOP  above)  a
verification officer.
This SOP is written for processing applications in AMS.
Steps
1.  Identify the suspected false, misleading, or withheld (FMW) information

UNCLASSIFIED
SOP (4) - Consider false, misleading, or withheld information in an Expression of Interest (EOI)
repeated in visa application

Note:  A  suspicion  that  a  piece  of  information,  or  purported  set  of  facts,  relating  to  the
applicant/application may be false, misleading, or withheld may arise from the result of a verification
activity or from initial assessment of the application. If identification of FMW comes from a verification
activity, it is unlikely that Step 2 will be needed; however, whether the incorrect information can be
disregarded should still be considered.
2.  Disregard opinions, exaggerated claims, or trivial mistakes

When considering the incorrect or incomplete information, an IO can disregard the following:
•  trivial mistakes or trivial omissions
•  opinions or exaggerated claims (for example, about their occupation)
•  information required for lodgement purposes that is incorrect in the first instance, but:

o  the applicant later corrects the incorrect information (and/or
acknowledges it was incorrect) without prompting from INZ; and
Act
o  IO is satisfied that it is a case where the applicant made reasonable efforts
to provide accurate information in the first instance and where
circumstances beyond their control caused those efforts to be
unsuccessful; or
o  if no effort was made, IO is satisfied that circumstances beyond their
control would have caused any effort to be unsuccessful

If IO decides they
Then
Information
Cannot disregard the incorrect or incomplete
Go to next step
information on any of the grounds above (i.e.,
that information should be considered as FWM
information)

Official
Can disregard the incorrect or incomplete
The IO should make a brief record in the
information on any of the grounds above
assessment template that the matter can be

disregarded, noting the reasons why

under  End process

3.  Decide if there is potentially prejudicial information (PPI) related to the FMW information that
should be put to the applicant

Released
Note: The definition of PPI (which must be put to the applicant) is any information that may adversely
impact on the outcome of the application (see E7.15 for temporary entry and R5.20.5 for residence).
Refer to Potentially prejudicial information (PPI) false information guidance.
Note: For offshore temporary entry visa applicants, the definition of PPI is also information that the
applicant is not necessarily aware of (or is not publicly available) and which they have not previously
had an opportunity to comment on (see E7.15.1).
Consider:
If
Then
UNCLASSIFIED
SOP (4) - Consider false, misleading, or withheld information in an Expression of Interest (EOI)
repeated in visa application

There is PPI which must be put to  •  Send a PPI letter to the applicant. See Communicate
the applicant for comment
potentially prejudicial information (PPI)

•  Use AMS template V398 for the PPI letter. Ensure to
include the following information:
o  Explain the concern that false or
misleading information has been
provided, or relevant information
withheld; and
o  Invite comment on the concern; and
o  Invite comment on why they think they
should be granted a visa, in the event the
concern remains.
•  Go to next step

There is no PPI which must be put  Go to next step
Act
to the applicant for comment

4.  Consider any response received from the applicant (if applicable), make a determination about
whether there is FMW information, and decide the application

If IO is satisfied that
Then
Information
It is more likely than not that there is  Go to Step 5 to decline application
FMW information

and
Official

It is reasonable to decline the
application under s58(6) given the
circumstances

under
It’s more likely than not that there is
•  Record the decision and rationale in AMS template
FMW information
V586 (False and misleading information template) and

briefly in the VAT or assessment notes
but
•  Continue assessment of application and (if a QC is

required) refer to SOP Submit an application for
It’s not reasonable to decline the
Quality Control (QC) Check once decision has been
Released
application on the grounds of s58(6)
made
or SM3.10.1/F4.5.15 given the
•  In the decision letter, use Row 12 of the Letter Insert
circumstances
Bank (if declining the application) or Row 13 (if

approving the application).  Ensure that the applicant
is advised:
o  The reason(s) why the IO is satisfied that false or
misleading information was provided or relevant
information withheld in their visa application.
o  It has been decided not to decline the application
on the grounds of s58(6) of the Act or
SM3.10.1/F4.5.15
UNCLASSIFIED
SOP (4) - Consider false, misleading, or withheld information in an Expression of Interest (EOI)
repeated in visa application

•  Go to Step 6 to raise a character warning

The ‘FMW’ information (that is, the
•  Record the decision and rationale in AMS template
information that was initially
V586 (False and misleading information template) and
thought to be FMW) is no longer
briefly in the VAT or assessment notes
considered FMW information*
•  Continue assessment of application and (if a QC is

required) refer to SOP Submit an application for
*This could occur either because: a)
Quality Control (QC) Check once decision has been
it is determined that the applicant in
made
fact gave correct information; or b) it  •  In the decision letter (whether the application is
is determined that the information
eventually approved or declined) the applicant should
provided can be disregarded
be advised that INZ no longer considers that false or
because it fits within the parameters
misleading information was provided, or that relevant
of Step 2; or c) the IO/INZ is now not
information was withheld (if the applicant was not
certain whether false or misleading
aware there was a potential issue with FMW
Act
information was provided, or
information, there is no need to include this advice to
whether material information was
the applicant); see Row 14 from the Letter Insert Bank
withheld.

End process

5.  Decline the application
Information

Refer to either SOP Decline application (temporary entry) or SOP Decline application (Residence),
additionally ensuring that the following FMW-specific instruction is followed:
•  Record the rationale for declining the application on the grounds of FMW information in AMS
Official
template V586 (false and misleading information template).
•  Record a reference to the template above in the VAT or assessment notes: “This application is
being declined on the basis of [false/misleading/withheld] information. See False Information
Assessment template for more details.”
•
under
  Decline the application using the AMS decline type for false information.
•  If the applicant is from a visa waiver country, consider a special direction under s69(2)(d) of the
Act to remove their ability to travel to New Zealand visa waiver
•  Add the s58(6) residence decline insert (see Row 6 from the Letter Insert Bank) to the SMC or
Parent Category decline letters. The applicant must be advised:
o  The reason(s) why the IO is satisfied false or misleading information was provided or
relevant information withheld in their visa application
Released
o  That the FMW information may require a character waiver in future applications,
and
o  That their ability to travel via visa waiver (E2.1) has been removed (if applicable)
•  Attach the False Info Assessment to the decision letter.
•  Once the application has been completed in AMS, go to Step 6 to raise a character warning (this
is separate to any visa suspension warning that may have been raised earlier in this process).

6.  Raise  a  character  warning  against  each  adult  (age  18  and  over)  applicant  included  in  the
application, recording the false or omitted information

UNCLASSIFIED
SOP (4) - Consider false, misleading, or withheld information in an Expression of Interest (EOI)
repeated in visa application

Note: A warning should not be raised against a dependent child (aged 18 years or above) if the FMW
information was not regarding that child (see A5.25.5(g)).

•  In the AMS Client Alert tab, click on ‘Add’ to raise a character warning.
•  The warning must expire 100 years from today’s date, as below:

Act
Information
Official
under

Released
•  Enter one of the below notes (whichever is applicable):

“False  or  misleading  information  was  provided  in  the  EOI  associated  to  application  [application
number], and in the application itself.  Please see the application notes for further details.”
OR
“Relevant information was withheld in the EOI associated to application [application number], and in
the application itself.  Please see the application notes for further details.”
•  Add the following note to the warning if the application was not declined using s58(6):

UNCLASSIFIED
SOP (4) - Consider false, misleading, or withheld information in an Expression of Interest (EOI)
repeated in visa application

“Although I did not decline the application on this basis, it remains a character issue for this applicant
and will need to be addressed in any further application this person may make.”
Note: An IO or TA can add the warning, but it needs authorisation from a Practice Lead or Immigration
Manager (IM) before the status will change to 'active'.
7.  If the FMW information indicates or supports evidence of a new risk trend, discuss with IM as
to whether the matter should be reported to the Verification team

Refer to the Verification Toolkit, if applicable.
END

Act
Information
Official
under
Released
UNCLASSIFIED
SOP (4) - Consider false, misleading, or withheld information in an Expression of Interest (EOI)
repeated in visa application

Document Outline