What happens if I submit false or misleading information with my New Zealand visa application? 

Elly Fleming

12 December 2024

When it comes to applying for a New Zealand visa, honesty is generally the best policy.  

New Zealand’s immigration system, like many around the world, relies on visa applicants to provide accurate and complete information, showing they meet the requirements to be granted a visa, or to be allowed to enter New Zealand.  

Section 58(6) of the Immigration Act 2009 empowers Immigration NZ (“INZ”) to decline visa applications if they find false or misleading information, or if relevant information is withheld by the applicant or their agent. The overall goal of section 58(6) is to safeguard the immigration system’s integrity and reduce visa fraud – this means that New Zealand visa applications are regularly carefully scrutinised.  

Many visa applications are, however, lodged by migrants without any assistance from immigration lawyers or advisers.  Most migrants generally have a limited understanding of immigration law and policy, but due to the high cost of visa applications fees (particularly residence applications) many do not engage a professional to avoid paying a further fee. We have seen many cases in which this approach has significantly backfired and highly recommend seeking professional advice from the outset.  

Common errors and consequences  

One of the obvious risks of pressing ahead with an application without professional help is completing the application form incorrectly or providing false or misleading information with the belief that the false information will improve the visa application, and in turn, increase the chances of the visa being granted. 

Examples of common errors we have seen applicants make include: 

• Failing to disclose a full criminal history, regardless of whether the applicant served time in prison 

• Omitting details of previous relationships 

• Not listing all dependent family members, including children 

• Incorrectly describing the nature of relationships and relationship status  

More serious examples that we regularly come across include providing: 

• Inaccurate or fabricated bank statements or loan agreements, ownership certificates or titles for property or other financial assets; or fabricated relationship evidence     

• Inaccurate or fabricated identity documents such as passports, birth certificates, marriage certificates, overseas driver licenses 

• Inaccurate or fabricated work references about employment to demonstrate skills or experience in a particular position 

• Inaccurate or fabricated education certificates and transcripts 

Details that some applicants might consider minor can, in fact, become relevant lines of inquiry for INZ. The result can not only mean visa refusal but also the need to convince INZ to grant a character waiver in subsequent applications. In more serious cases, it can also result in deportation liability.  

 While each visa application is assessed based on its surrounding circumstances before a decision is made, in accordance with section 58(6) INZ does not need to establish that the false or misleading information was provided intentionally. 

Ensure your visa application is correct, complete and truthful from the outset 

All visa applicants are strongly encouraged to thoroughly review all documents before submitting them to INZ. If applicants have any concerns about their application, they should consult an immigration lawyer or adviser.  

What may seem like a minor oversight could lead to significant issues down the track. To prevent serious consequences later on, it is advisable to resolve any concerns or uncertainties regarding prior to submission of the application.  

Ensure that you only get help from professionals 

If you are going to entrust someone to assist with your visa application process, make sure that this person is an experienced immigration lawyer or a licensed immigration adviser. Sadly, there are lots of unscrupulous operators, particularly overseas, who pretend to be licensed immigration advisers.  They readily submit inaccurate or fabricated documents to INZ, often without the visa applicant’s knowledge. In the end, it is the visa applicant who has to face the consequences. 

What if I have already applied with false or misleading information? 

As no two situations are ever completely the same, whether you will be able to secure or keep your visa, depends on the nature of the issue you are facing and the severity of the violation against the immigration rules. 

Since immigration rules are complex, many applicants make genuine mistakes. It is critical that professional advice is sought to turn things around, if possible. It is very important that you understand exactly what sort of trouble that you are in and know what options are available.  

How Pitt & Moore can help 

It is critical that anyone who finds themselves facing possible submission of inaccurate, incomplete or fabricated information to INZ obtains legal advice from immigration experts to give themselves the best possible chance of securing a visa or remaining in New Zealand. 

We are experts in this area and can give you advice on your particular circumstances. If we believe we can assist, we will explain your chances of success and the costs associated with engaging us.  

We offer an initial, free 15-minute consultation to discuss your unique situation.  Book your consultation with us today by clicking here. 

Disclaimer: The information contained in this publication is of a general nature and is not intended as legal advice. It is important that you seek legal advice that is specific to your circumstances.