Assess Health
When to use
When assessing a Straight to Residence application against A4 Health Requirements.
Role
Immigration Officer
Guidelines
• Follow the
Assess Eligibility – Straight to Residence SOP and related activities to
complete a full assessment.
Steps
1. Identify any health warnings or new health information
On the client’s alerts tab on AMS, check if the applicant has any health warnings or
alerts that need to be addressed for this application.
Check if there is any new health information on the application.
Were there any warnings or health information that has not been addressed yet?
If
Then…
Yes
Go to
Step 3
No
Go to
Step 2
2. Identify if a valid Medical Certificate has been provided and determine if health
requirements A4.10 have been met
In the Immigration Health System (IHS), check if a medical is still valid or has been
submitted and if it has been assessed. Using the health case(s) provided by the
applicant, click on the ‘Client History’ tab to search and use the most recent health
case. Refer to Searching for a Health Case in IHS for alternative ways to search IHS
and Check the Health Case Status in IHS.
If the Health Details has not been entered in AMS, then in the Applicants tab, enter the
IHS Health Details (NZER or NZHR and Health Outcome if available). Refer to SOP
Recording Health Details in AMS.
Check the latest assessment notes or the outcome banner of the health case for details
of the assessment conditions. The outcome banner on the top of the health case wil
indicate if it is ASH for a particular visa category. If it is unclear, refer to the latest
assessment notes in the Case Summary tab. If there are no notes, then the medical
certificate may have auto-cleared. Refer to FAQs - 'Auto-Assessed' health cases.
Check the Medical Completion date to determine if it is expired or still valid.
Check if the medical certificate in the health case meets the medical requirements for
the visa application. Refer to SOP
Checking Medical Certificates in IHS.
If
Then …
The applicant submitted a General Complete the assessment by updating the case
Medical Certificate and Chest X-
summary.
ray and was ASH under Residence
guidelines (and is within the 3
months medical completion date)
The applicant submitted a General The medical certificate can be re-used for this
Medical Certificate and Chest X-
application.
ray with a previous application
and was ASH under Residence
If the applicant has not indicated they have spent
guidelines (and is within the 36
more than 6 consecutive months country not listed
months medical completion date)
as having low incidence of TB (A4.25.10) since their
last x-ray completion, their x-ray certificate can also
be re-used for this application.
Complete the assessment by updating the case
summary.
The applicant submitted a General The medical certificate can be re-used for this
Medical Certificate and Chest X-
application but needs to be assessed under residence
ray with a previous application
guidelines.
and was ASH under Temporary
after referral (and is within the 36
If the applicant has not indicated they have spent
months medical completion date)
more than 6 consecutive months country not listed
as having low incidence of TB (A4.25.10) since their
last x-ray completion, their x-ray certificate can also
be re-used for this application but needs to be
assessed under residence guidelines.
Go to
Step 3
The health case has outstanding
Request the outstanding information. See SOP -
information
Request Additional Information
Go to
Step 3
The applicant submitted a General Go to
Step 4
Medical Certificate and was Not
ASH (and is within the 3 months
medical completion date)
Note: The time taken to assess and finalise an application may mean that an applicant
has spent more than six consecutive months in a country not on the INZ list of low
incidence TB countries (A4.25.10) since their last chest x-ray. This is not in itself a
reason to request a new chest x-ray certificate. Refer to Visapak 511 for guidelines on
when a new chest x-ray certificate may need to be requested.
3. Refer health case to HAT
• Re-open the health case to be assessed under Residence Guidelines by the Health
Assessment Team (HAT). See SO
P Re-open a health case in IHS.
• Update the ‘Visa Details and Application Details’ tab in IHS with the AMS
information (AMS Client ID, Referral Note and Referral Type) and Visa Details (Visa
Category, Visa Type, and Intended Length of Stay). Add in a ‘Referral Note’ with
what you need for the new assessment. Refer to SOP
Update the visa details in a
health case in IHS.
• If the client has provided further medical tests, then attach any relevant medical
tests to the health case. Refer to FAQs - Add attachments to a health case.
• You wil need to wait for a response from the HAT team indicating an opinion on
the applicant’s health assessment outcome. Regularly check in IHS for any updates
to the health case(s) you have queried. Once an outcome has been reached, refer
to Step 2 of this SOP to determine if the health requirements have been met.
Address Health Concerns
4. Create Medical Concern PPI letter
• Select the relevant template via AMS TLS (AMS V156 PPI Medical Assessor/MoE
Assessor).
•
Write the PPI letter fol owing the template prompts.
• Include a due da
te in line with timeframe guidelines.
• Save as final in TLS.
5. Send Medical Concern PPI letter
• Email the PPI letter to the applicant.
6. Create AMS note
• Create a note in AMS stating the PPI letter has been sent.
• Include the due date for a client response.
7. Make application non-actionable
• Add an AMS Bring Up with the correct due date
• Add the "NA – PPI Response" reason in AMS Workflow
• Update the AMS Location to "Non-actionable"
8. Original concerns disputed?
Has the applicant’s response disputed the original concerns?
If
Then…
Yes
Go to
Step 9
No
Go to
Step 12
9. Re-open health case or send request to Health Assessment Team (HAT)
• Refer to the SOP
Request a reconfirmation for a disputed 'NOT ASH' medical
opinion.
• Check that al disputing information is relevant to what was addressed in the PPI
letter, health related and is complete.
• Check if the ‘Not ASH’ health outcome is final or not, and which medical certificate
type it was assessed under.
• Check if the ‘Not ASH’ health outcome is final or not, and which visa category is was
assessed under. This will determine if you need to re-open the health case. Refer to
the table in Step 2 of SOP
Request a reconfirmation for a disputed 'NOT ASH'
medical opinion. If required, re-open the health case and update the ‘visa details
and application details’ in the health case. (Refer to SOP
Re-open a health case in
IHS and update the visa details in a health case in IHS).
• Upload any supporting information provided by the applicant into the health case.
• Add a ‘Referral Note’ to advise HAT what you need done next e.g. "Disputing
information attached. Please refer for reconfirmation of ‘Not ASH’ health decision
for General Medical Certificate."
• If you have determined that you should not re-open the health case, send an email
request to HAT asking them to refer the applicant’s health case to a Medical
Assessor (MA) f or reconfirmation of the decision. Refer to SOP Sending
communication s to HAT
(Send communications to
HAT, http://inzkit/publish/globalprocessmanual/#69973.htm).
• Include any supporting information provided by the applicant in the email.
• Send a request to HAT asking them to refer the applicant’s health case to the
original Medical Assessor (MA).
• Include any supporting information provided by the applicant.
10.
Await response from HAT.
• You wil need to wait for a response from the HAT team indicating an opinion on
the applicant’s Acceptable Standard of Health (ASH), i.e. whether the applicant’s
‘Not ASH’ opinion has been maintained.
• Regularly check in IHS for any updates to the health case(s) you have queried.
• Track the status of the health case to check when it has been reassessed. Check the
Health Status Report for updates. Refer to SOP
Managing the Health Status report
for the Office. Fol ow up with HAT as required if you cannot understand what’s
happening to the health case in IHS.
11. Has the ‘Not ASH’ opinion been maintained?
If…
Then…
Yes
Go to
Step 12
No
Go to
Step 14
12. Create Medical Waiver PPI letter
• Select the relevant template via AMS TLS (AMS V325 Medical Waiver PPI).
• Write the PPI letter fol owing the template prompts.
• Include a due date in line with timeframe guidelines.
• Save as final in TLS.
13. Send Medical Waiver PPI
• Email the PPI letter to the applicant.
• Create a note in AMS stating PPI letter has been sent.
• Include the due date for applicant’s response.
• Add an AMS Bring Up with the correct due date
• Add the "NA - PPI Response" reason in AMS Workflow
• Update the AMS Location to "Non-actionable"
• Set a reminder for the due date in Outlook Calendar, AMS Bring Ups or other
method.
• Await applicant’s response and assess.
14. Draft Waiver
• Select the relevant template via AMS TLS [V60 Medical waiver assessment]
• Complete the template content up to the ‘Weighing and balancing of factors’
section.
• Save as a draft in
TLS.
15. 2PC waiver
• Update the AMS Location to "Waivers"
• Forward the waiver recommendation to a Technical Advisor (TA) or Immigration
Manager (IM) for Waiver review.
• The TA/IM will complete the remaining sections, make a final decision on the
medical waiver, and return.
16. Complete the health assessment
• Complete assessment by updating the case summary.
END
Assess Dependent Children
When to use
When secondary applicants (dependent children) are included in a Straight to Residence visa
application.
Role
Immigration Officer
Guidelines
• Refer to
VisaPak 508 for guidance on whether a family member is required to be included
in an application.
• Follow the
Assess Eligibility – Straight to Residence SOP and related activities to complete
a ful assessment.
Steps
1.
Assess relationship with dependent children
a. Consider evidence (e.g. a birth certificate or adoption papers) showing the
relationship between the principal applicant and/or partner included in the
application and any dependent child included in the application.
b. Is the secondary applicant the biological or adopted (R3) child of the principal
applicant and/or partner included in the application?
If…
Then…
Yes
Go to
Step 2
No
Send a PPI letter to the applicant
See SOP
Send PPI letter
2. Assess right to remove children under 16
a. If the dependant child’s parents are the principal applicant and partner included in
the application, go to Step 3.
b. Where only one parent is included in the application, identify whether the
dependent child’s parents are separated or divorced.
c. Determine whether the principal applicant and/or partner included in the
application have the right to remove the dependent child from their country of
residence.
If…
Then…
Parents
Except where R2.1.45(d) applies, evidence the principal applicant
separated or
and/or partner included in the application has the right to remove the
divorced.
depe
ndent child must include:
• Legal documents showing that the applicant has custody of the
child and the sole right to determine the place of residence of
the child, without rights of visitation by the other parent; or
• A court order permitting the applicant to remove the child from
its country of residence; or
• Legal documents showing that the applicant has custody of the
child and a signed statement from the other parent, witnessed
in accordance with local practice or law, agreeing to allow the
child to live in New Zealand if the application is approved.
Not separated Except where R2.1.50 (e) applies, evidence the principal applicant or
or divorced.
partner included in the application has the right to remove the
dependent child must include:
• A written statement confirmed by both parents at interview; or
• A court order permitting the applicant to remove the child from
its country of residence; or
• The death certificate of the other parent if only one parent is
included in the application, because of the death.
3. Assessing dependence
a. Identify the dependent child’s age at the time the Straight to Residence application
was made.
b. Identify the relevant definition of dependent child under R2.1.30 instructions based
on the age at submission.
c. Determine whether the secondary applicant meets the definition of a dependent
child based on the relevant definition.
If…
Then…
17 or
Determine whether they were single
younger
18 to 20
Determine whether they were single, and whether they had children of
their own
21 to 24
Determine whether they were single, and whether they had children of
their own, and whether they were total y or substantial y reliant on the
prin cipal applicant/and or the principal applicant’s partner for financial
supp ort, whether living with them or not. Evidence of actual
dependence may be required.
Take into account all relevant factors including:
• whether the child was in paid employment, whether this was
full time or part time, and its duration;
• whether the child had any other independent means of financial
support;
• whether the child was living with its parents or another family
member, and the extent to which other support was provided;
• whether the child was studying, and whether this is full time or
part time.
END
Assess Eligibility
When to use
When an application has been successful y lodged and an Immigration Officer is
assessing the requirements for a Straight to Residence application.
Role
Immigration Officer
Additional Resources
For Maritime roles, see the Maritime NZ webpage
Guidelines and Forms for
Certification
Green List Health Occupations registration and membership requirements
Guidelines
• Use SOP –
Making and monitoring third party checks to ensure all required third-party
checks have been made prior to assessing the applicant’s eligibility, and that any
requirements relating to these third party checks have been met.
• Use this SOP and the Straight to Residence Case Summary to complete an assessment
of the applicant’s eligibility for this visa category:
Steps
1.
Assess Identity and age
a. Refer to SOP
– Assess Identity to complete an identity assessment for all
applicants.
b. Based on the principal applicant’s identity information, were they aged 55 or
younger at the time the residence application was lodged?
If
Then…
Yes
Go to
Step 2
No
Send a Potentially Prejudicial Information letter, see
‘Send
PPI letter SOP’.
2. Assess health
Refer to SOP –
Assess Health to complete a health assessment for all applicants. Do all
applicants meet health requirements?
If
Then…
Yes
Go to
Step 3
No
Follow the guidelines in SOP –
Assess Health for what to do when a health
conc ern is identified.
3. Assess character
Refer to SOP –
Assess Character to complete a character assessment for all applicants.
Do all applicants meet character requirements?
If
Then…
Yes
Go to
Step 4
No
Follow the guidelines in SOP –
Assess Character for what to do when a
character concern is identified.
4. Assess partnership
a. Does the application include a secondary applicant whose eligibility is based on
them being a partner of the principal applicant?
If
Then…
Yes
Go to
Step 4b
No
Go to
Step 5
b. Refer to SOP – Assess Partnership to complete an assessment of whether the
partner can be included in the application. Do the applicants meet partnership
requirements, or the requirements to have the assessment of their partnership
deferred?
If
Then…
Yes
Go to
Step 5
No
Send a Potentially Prejudicial Information letter, see
‘Send PPI
letter SOP’.
5. Assess dependent children
a. Does the application include a secondary applicant whose eligibility is based on
them being a dependent child of the principal applicant and/or partner?
If
Then…
Yes
Go to
Step 5b
No
Go to
Step 6
b. Refer to SOP
– Assess Dependent Children to complete an assessment of the
whether the dependent can be included in the application. Do the applicants
meet dependency requirements?
If
Then…
Yes
Go to
Step 6
No
Send a Potentially Prejudicial Information letter, see
‘Send
PPI letter SOP’.
6. Assess English
a. Refer to SOP – Assess English to complete an assessment of the Principal
Applicant and any Secondary applicant aged 16 or over’s English language ability.
Do all these applicants meet English language requirements?
If
Then…
Yes
Go to
Step 7
No
Send a Potentially Prejudicial Information letter, s
ee ‘Send
PPI letter SOP’.
7. Assess employer accreditation
Check that that the applicant’s employer was accredited under Accredited Employer
Work Visa instructions (and that their accreditation was not suspended) on the date
the residence application was made. You only need to confirm the accreditation status
of the employer as at the date the residence application was lodged.
To check the accreditation status of an employer:
a. Open ADEPT
b. In ADEPT, search for the employer by clicking the search button in the top right
of the screen, typing in the name of the employer, then searching for the
employer.
c. In the ’Employers’ section of the results, click the applicant’s employer.
Note: If there are multiple results, select the one that most closely
matches the employer name provided by the applicant, or shown in
the employment agreement or letter from the employer provided by
the applicant.
d. On the employer’s page, check the current accreditation status of the employer
in the ‘Accreditation details’ section. If the accreditation status is not currently
‘active,’ it may indicate that the employer was not accredited at the time the
resident visa application was made. Then click the ‘Accreditation’ tab.
Note: If there is doubt about whether you have selected the right
employer (for example, if there were multiple employer results,
and/or there were multiple or no results closely matching the
employer name provided by the applicant), check whether the New
Zealand Business number (NZBN) matches the NZBN provided by the
applicant. If the applicant did not provide a NZBN for their employer,
you can also check employer details by following the ‘Search URL’ link
in ADEPT to o to the employer’s NZBN page, then checking whether
the employer’s address on this page matches the address provided by
the applicant. If you cannot confirm an employer in ADEPT is
applicant’s employer, request further information from the applicant
to confirm their employer. See SOP Request Additional Information
e. On the ‘accreditation’ page, check that the employer had an active employer
accreditation on the date the current resident visa application was made. The
decision on their most recent employer accreditation application should be
‘approved’ (shown in the ‘Accreditation Applications’ section) and the resident
visa application date should be within the date the accreditation application was
approved and the accreditation expires (shown in the ‘Accreditation Approvals’)
section.
If
Then…
The employer’s accreditation status was ‘active’
Go to
Step 8
on the date the application was made
The employer’s accreditation status was not
Send a Potentially Prejudicial
‘active’ on the date the application was made
Information letter, see
‘Send PPI
letter SOP’.
8.
Assess generic acceptable employment requirements
If you are assessing an employment agreement, only check the details relevant to the
requirements listed in this section.
a. Is the applicant’s employment full time?
If
Then…
Yes
Go to
Step 9
No
Go to
Step 8b
Note: An applicant’s employment is full time if it amounts to at least 30 guaranteed hours
per week for every week worked. These details should be in the applicant’s employment
agreement or letter from their employer.
b. Is the applicant a permanent employee or employed for a fixed term of at least
12 months?
If
Then…
Yes
Go to
Step 9
No
Go to
Step 8c
Note: These details should be in the applicant’s employment agreement or letter from
their employer.
c. Is the applicant’s job based on a current contract for services or multiple current
contracts for services total ing in at least 6 months of duration?
If
Then…
Yes
Go to
Step 9
No
Send a Potentially Prejudicial Information
letter, see
‘Send PPI letter SOP’
9. Assess Green List job or job offer requirement
If you are assessing an employment agreement, only check the details relevant to
whether the applicant’s occupation is listed on tier 1 of the Green List.
a. Does the applicant have a job or job offer for an occupation listed on tier 1 of the
Green List?
If
Then…
Yes
Go to
Step 10
No
Send a Potentially Prejudicial Information
letter, see
‘Send PPI letter SOP’.
Note: These details should be in the applicant’s employment agreement or letter from
their employer. If you are unsure whether the applicant’s job or job offer is for an
occupation listed on tier 1 of the Green List, or there has been a specific risk identified
that the job or job offer may not be for a role listed on tier 1 of the Green List, you can
consider performing a substantial match assessment (see SR3.10(c) and SR5.10) to
determine this. See a Technical Adviser if you think a substantial match assessment might
be required for your application.
10.
Determine whether the applicant meets the requirements listed for their occupation
on tier 1 of the Green List When considering whether the applicant meets the requirements specified on the
Green List, you may consider evidence and information provided during a previous
work visa application.
If you are assessing an employment agreement and the applicant’s occupation has a
minimum remuneration threshold, only check the details relevant to whether the
applicant meets that remuneration requirement.
Keep in mind that for ICT occupations there is a higher remuneration requirement and
a requirement to have worked for at least 10 years in a role relevant to their
occupation if employment is based on a contract for services. There is no requirement
for previous work in a relevant role for any employment not based on a contract for
services.
If
Evidence of the applicant meeting these
requirements can include:
There are specific qualification
Their qualification which meets this requirement
requirements
or
Their offshore qualification(s) and an International
Qualifications Assessment (IQA) from the NZQA
showing these meet the requirements specified on
the green list
There is a requirement for a
Documentation confirming this registration or
particular registration or
professional membership
professional membership
or
Confirmation of the applicant’s registration or
professional membership from the website of the
registration or membership organisation’s governing
body. A list of these can be found on the Immigration
New Zealand website.
There is a requirement for a
An employment agreement or letter from their
minimum amount of work
employer(s) (previous and current) stating the
undertaken in a role relevant to
duration of employment and position, or other
their occupation
evidence showing they have worked in a role
relevant to their occupation for at least the minimum
required amount of time.
There is a requirement to earn at
An employment agreement or letter from their
least a certain minimum amount
employer stating their occupation, hours and
per hour or the equivalent nnual
remuneration showing they earn at least this
salary
amount.
Note: If you cannot identify that the applicant is
meeting a minimum remuneration requirement from
their employment agreement or letter from
employer, you may request further information such
as an IRD summary of earnings, pay slips or bank
statements showing the receipt of income.
Does the applicant meet the requirements listed for their occupation on tier 1 of the
Green List, including (if applicable) any specific requirements for employment based on
contracts for services?
If
Then…
Yes
The applicant meets application eligibility
requirements.
Go to SOP
Send AIP Letter or SOP
Finalise
application – e-Visa and comms
No
Send a Potentially Prejudicial Information letter,
see
Send PPI letter SOP.
END
Assess English
When to use
When an application has been successful y lodged and an Immigration Officer is
completing an assessment of a principal or secondary applicant aged 16 or over’s
English Language ability
Role
Immigration Officer
Guidelines
• Dependent children under the age of 16 are not required to meet a minimum
standard of English language ability
• Follow the
Assess Eligibility – Straight to Residence SOP and related activities to
complete a full assessment.
Steps
1. Has the applicant provided an English Language test result?
If
Then…
Yes
Go to
Step 1a
No
Go to
Step 2
a) Is the test result dated no more than two years prior to the date the application
was lodged, or was the applicant’s SMC expression of interest (EOI) in the EOI pool
as at 8 November 2022?
If
Then…
Yes
Go to
Step 1b
No
Send a Potentially Prejudicial
Information letter, see Send PPI letter
SOP.
b) Does the English language test result show that they meet the acceptable standard
of English?
The following English language test results are acceptable for a
principal applicant:
Test
Minimum score required
International English Language
Overall score of 6.5 or more
Testing System (IELTS) - General or
Academic Module
Test of English as a Foreign Language Overall score of 79 or more
Internet-based Test (TOEFL iBT)
Pearson Test of En glish Academic
Overall score of 58 or more
(PTE Academic)
B2 First (First Certificate in English)
Overall score of 176 or more
(formerly Cambridge English: First
(FCE))
or
B2 First for Schools (First Certificate
in English) (formerly Cambridge
English: First (FCE) for Schools)
Occupational English Test (OET)
Grade B or higher in all four skills
(Listening, Reading, Writing and
Speaking)*
* A score of Grade B or higher in all four skills is required for the
OET as there is no overall grade for this test.
The following English language test results are acceptable for a
secondary applicant
(partner or dependent child aged 16 and above):
Test
Minimum score required
International English Language
Overall score of 5.0 or more
Testing System (IELTS) - General or
Academic Module
Test of English as a Foreign Language Overall score of 35 or more
Internet-based Test (TOEFL iBT)
Pearson Test of English Academic
Overall score of 36 or more
(PTE Academic)
B2 First (First Certificate in English)
Overall score of 154 or more
(formerly Cambridge English: First
(FCE))
or
B2 First for Schools (First Certificate
in English) (formerly Cambridge
English: First (FCE) for Schools)
Occupational English Test (OET)
Grade C or higher in all four skills
(Listening, Reading, Writing and
Speaking)*
* A score of Grade B or higher in all four skills is required for the
OET as there is no overall grade for this test.
If
Then…
Yes
Go to
Step 1c
No
Send a Potentially Prejudicial
Information letter, see Send PPI
letter SOP.
c) Has a risk rule triggered, or is there a risk indicator that suggests the test result
may be fraudulent?
If
Then…
Yes
Verify the test result is genuine
fol owing the guidance in the
Verification Toolkit.
If there are concerns with the
English test result, send a
Potentially Prejudicial Information
letter, see Send PPI letter SOP.
If there are no concerns with the
test result, the applicant meets
English language. Continue
assessment using the case
summary
END
No
The applicant meets English
language requirements. Continue
assessment using the case
summary
END
Note: Consider any relevant alerts and warnings in AMS. If a risk rule has triggered,
fol ow the risk advice provided to identify the appropriate risk treatment to apply. If
verification is required, check the guidelines on
verifying and recording English language
test results.
2. Determine whether t here is other evidence of the applicant meeting the minimum
standard of English
a) Is the applicant a citizen of Canada, the Republic of Ireland, the United Kingdom or
the United States of America who has spent at least five years in work or education
in one or more of those countries or Australia or New Zealand?
If
Then…
Yes
The applicant meets English
requirements. Continue assessment
using the case summary.
END
No
Go to
Step 2b
Note: If the applicant was not born in their country of citizenship, evidence should be
provided that the applicant’s length of work and/or education meets this requirement,
e.g. a letter from their employer confirming their period of work, or documents
confirming periods of education completed.
b) Does the applicant have a recognised qualification (see SM8) comparable to a New
Zealand level 7 bachelor’s degree and gained in Australia, Canada, New Zealand,
the Republic of Ireland, the United Kingdom or the United States of America as a
result of study undertaken for at least two academic years in one or more of those
countries?
If
Then…
Yes
The applicant meets English
requirements. Continue assessment
using the case summary.
END
No
Go to
Step 2c
Note: Evidence should be provided that the applicant’s holds a qualification meeting
this requirement
c) Does the applicant have a recognised qualification (see SM8) comparable to a New
Zealand level 8 bachelor’s degree and gained in Australia, Canada, New Zealand,
the Republic of Ireland, the United Kingdom or the United States of America as a
result of study undertaken for at least one academic year in one or more of those
countries?
If
Then…
Yes
The applicant meets English
requirements. Continue assessment
using the case summary.
END
No
Go to
Step 2d
Note: Evidence should be provided that the applicant’s holds a qualification meeting
this requirement
d) Is the applicant the principal applicant?
If
Then…
Yes
Send a Potentially Prejudicial
Information letter, see Send PPI letter
SOP.
No
Go to
Step 3
Note: A principal applicant must demonstrate that they meet the minimum required
standard of English for a principal applicant through one of the above steps, and do not
have the option of pre-purchasing ESOL tuition.
3. Has the secondary applicant indicated they wil pre-purchase ESOL tuition?
If
Then…
Yes
Continue assessment using the case summary.
Subject to all other application requirements being met, finalise
application with the AIP condition that the applicant(s) must first pre-
purchase ESOL tuition
If the partner is deferred (see Assess – Partnership SOP, complete this
step and the end of the partner’s deferral period.
See Send AIP letter SOP
No
Confirm whether the secondary applicant intends to pre-purchase ESOL
tuition or provide evidence of their English language speaking ability.
If they do not, send a Potentially Prejudicial Information letter, see Send
PPI letter SOP.
If evidence is submitted, assess the evidence (go to
Step 1) but send a
PPI letter if the applicant does not provide an acceptable English
Language test result (
Step 1) or acceptable other evidence of meeting
the minimum standard of English (
Step 2), Send PPI letter SOP.
END
Assess Partnership
When to use
When a secondary applicant (partner) is included in a Straight to Residence visa application,
including if the partner’s application needs to be deferred.
Role
Immigration Officer
Guidelines
• Refer to
VisaPak 508 for guidance on whether a family member is required to be
included in an application.
• Follow the
Assess Eligibility – Straight to Residence SOP and related activities to
complete a full assessment.
Steps
1. Has the claimed partnership been assessed, and recognised, as part of a previous
partnership based visa application?
If…
Then…
Yes
Go to
Step 2
No
Go to
Step 3
2. Is there any evidence, information, or warnings, to suggest that anything has changed
since the previous assessment of the relationship?
If…
Then…
Yes
Go to
Step 3
No
Go to
Step 6
3. Assess definition of ‘partner’
Does the evidence confirm the secondary applicant meets the definition of ‘partner’ at
R2.1.10?
If…
Then…
Yes
Go to
Step 4
No
Send a PPI letter to the applicant
See
Send PPI letter SOP
Note: Any relevant alerts, or warnings, linked to the principal applicant, or their partner,
should be considered and addressed.
4. List relationship evide
nce
Note, in the case summary, al partnership evidence provided by the principal applicant
and partner. Go to
Step 5
5. Assess partnership information
Determine whether the principal applicant and partner are living together in a genuine
and stable partnership, as set out at F2.10.1.
If…
Then…
Yes
Go to
Step 6
No
Send a PPI letter to the applicant
See S
OP Send PPI letter SOP
Note: When considering the above, if the principal applicant and
partner are not currently living together determine whether they
are separated for genuine and compelling reasons. Consider the
duration of the relationship and other factors set out at
instructions F2.30.1 and F2.20.15 (b).
6. Instruction F2.15 minimum partnership requirements met?
Does the partnership meet the minimum requirements for recognition of partnerships
set out at F2.15?
If…
Then…
Yes
Go to
Step 7
No
Send a PPI letter to the applicant
See S
OP Send PPI letter
7. 12-months living together requirement met?
‘Living together’ includes the total time the principal applicant and partner have
physically lived together.
Have the principal applicant and partner been living together for 12 months or more at
the time of assessment?
If…
Then…
Yes
Complete assessment of partnership, use the case summary to
continue with assessment of other areas of the application.
END
No
Consult with a TA before any decision to defer the application is
communicated to the applicant.
Defer final decision on the partner for remainder of the 12 months.
Use case summary to continue with assessment of other areas of
the application for the principal applicant.
Go to
Step 8
Note: the COVID-19 pandemic and related border restrictions has meant
that some partners have been separated for genuine reasons. In these
cases a pragmatic approach should be taken to consider the relationship
history and how the relationship has been maintained during that time.
Assessment of periods of separation should include, but is not limited to
assessment of;
- evidence showing how the relationship was maintained;
- the credibility of claimed reasons for separation; and
- whether circumstances actual y prevent the couple from living together.
8. TA consultation
a. Ensure you have consulted with a TA before any decision to defer the application
is communicated to the applicant.
b. If a decision to defer is made, the TA should make a note of their agreement in
AMS.
9. Communicate deferral decision and deferral period.
a. Email the applicant to advise that they meet al but the 12 months living together
requirement and that the partner’s residence application will be deferred until
they provide evidence that they have lived together in a genuine and stable
relationship for at least 12 months.
b. Seek confirmation from the applicant that they agree with the deferral decision
before moving to step 10.
10. Remove partner from St
raight to Residence application
a. Defer the partne
r’s application until the principal applicant provides evidence of
the 12 months living together requirement.
b. Remove the partner from the Straight to Residence application in AMS.
c. Add a note to AMS explaining why they have been removed from the application.
11. Defer the partner's application until evidence is provided that partnership criteria are
met.
a. Create a new Skil s/Business deferral application for the deferred partner in AMS,
completing lodgement requirements as appropriate. No fee is required.
b. Ensure the lodgement date is the same as the original Straight to Residence
application.
c. Link this application with the original Straight to Residence application.
d. Add the principal applicant as a supporting partner in the contacts tab. Add AMS
notes regarding the deferral of the partner with reference to the original Straight
to Residence application.
e. Create an AMS Bring Up with the date that the 12 month living together
requirement wil be met, and add the "NA – Deferred" workflow reason.
f. Make this application non-actionable by updating the AMS Location to "Non-
actionable" for the Support Team to monitor.
g. Make the AMS case manager "Queue, Deferred Partnership."
12. Send AIP letter
a. Go to SO
P Send AIP letter.
b. Issue PA’s visa upon provision of passport (if required).
c. Await secondary applicant's response to the AIP letter requesting evidence of
meeting the partnership criteria and the passing of the deferral due date
deadline.
13. Assess Partnership Requirements
a. Receive client response and assess information provided. Fol ow the prompts in
the partnership deferral assessment template (attached below) to complete an
assessment of the partnership after the deferral period.
b. Request further information if required.
c. If concerns identified, go to SOP
Send PPI letter
14. File Final Recommendation
a. Add your final assessment to AMS notes.
b. Refer file for quality control check.
15. Request Passport
a. Contact client and request the passport for issuance of visa, if passport not
already scanne d.
b. Issue PA’s visa u
pon provision of passport (if required).
END
Document Outline
