False information is reason for decline
The latest change at INZ is aimed squarely at discouraging migrants from using non-professionals for visa applications. This seems to be part of the Government's overall response to combating migrant exploitation but it will definitely impact any self made applications and genuine applications too.
Targeting the migrant may or may not sound fair, but in reality it is the visa itself which is the conduit for exploitation, and the responsibility for accuracy and properness of the visa falls ultimately to the migrant. The migrant applicant must make sure that they are coming to the country lawfully so part of this process is to make sure the person doing their visa application for them is a professional and not part of a scam. As it is your responsibility, it makes sense to trust the application process only to a profesisonal.
What has changed?
The new immigration instructions have 3 very significant changes to the character requirements:
- The inclusion of “agent” to the wording in a variety of areas to cover more eventualities
- The removal of the defence of not having mens rea (intention) for provision of false information
- Provision of false information in any visa application will make the applicant ineligible for a residence visa later on.
These changes should be ringing alarm bells because what this means for anyone applying for a visa is that even by mistake, if false information is provided or important information not provided even on a visitor or work visa, then the applicant will be refused residence later down the path.
What is false or misleading information?
False information covers a wide range of things in the new changes, from forged documents to simple mistakes on the application form. While the changes are supposed to target exploitation type false information, they also include innocent mistakes as well.
- A fake job offer
- a fake bank statement, drivers license, work reference
- declaration that the job is genuine when it is not
- declaration of an hourly rate when the actual payment is lower
- declaration of having specific work experience, education, English test score when you don't have these
- support letter from friends or employer with information that is not true
- Not giving certain information that you should provide, or hiding important information
- Agents not declaring their input on the application form
- Information that misleads INZ about the true nature of your situation
- Etc
What is an agent?
The word agent refers to anyone who does the application on the applicant’s behalf, but it could also refer to anyone who provides any information on the applicant’s behalf. For example an employer who provides false information on the employer supplementary form or job offer or employment agreement would be in breach of these instructions.
Agent includes:
- LIA
- Lawyer
- friend
- employer
- education / employment agent
- HR manager
- anyone except the applicant
The changes mean that every applicant must have the ability to check that all information provided in the information is true and correct. As many migrants and for example supporting New Zealand citizen or resident partners may not have this knowledge, it means that even self-made applications are much more risky than before. The only people who reliably have the ability to check and understand that the application has been done properly are immigration professionals.
What about professionals?
While most professionals are very careful about checking that information is true and correct anyway, it will also put pressure on us to be thorough about this. There is a lot of case law about the necessity of having mens rea in the commission of an offense, and up to now, the only specific exemption to this was in the case of SMC EOI applications. The courts have held that as this was a specific exemption, the case law would not apply. Now we have an exemption for all visa categories, all applications need to be done very carefully indeed.
Professionals have always been the best option for visa applications and anyone not using a professional has always done so with a certain amount of acceptable risk, but with the changes the level of acceptable risk for many migrants will change significantly.
By using a professional there is an avenue for redress if we don’t do a good job, while employers and agents do not provide any guarantee of doing things properly, so there is a level of ressurance that professionals should be doign a good job.
What is our advice?
- Without a doubt, all migrants who have any intention, even remotely of staying permanently in New Zealand in the future need to be using immigration professionals such as LIAs or immigration lawyers for their visa applications. But further to this, migrants also need to be encouraging their employers to also check with professionals for any part of the process that may affect them. KIWI@HOME’s service includes full support to all our clients’ employers at no extra cost for any visa application, so we always encourage this anyway.
- Migrants need to be aware and do their due diligence on who is a licensed professional and therefore is able to work on their behalf, but most importantly has responsibility ad accountability when things go wrong.
- If you have provided false or misleading information in a previous application, take professional advice on what you should bedoing now to preserve any chance of residence in the future.
Check LIA status here https://iaa.ewr.govt.nz/PublicRegister/Search.aspx and check lawyer's status here https://www.lawsociety.org.nz/
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