The chapter ‘After the grant of a resident visa’ contains immigration instructions governing the grant of a Permanent Resident Visa (PRV), Second or Subsequent Resident Visa (SSRV) or Variation of Travel Conditions on a resident visa (VOTC). Following a review of this chapter a number of minor clarifications and amendments will be made:
- Aligning character requirement provisions for non-principal applicants under the Permanent Resident Visa (PRV) and Second or Subsequent Resident Visa (SSRV) categories with requirements for principal applicants,
- Adding a provision to Who is not eligible for a permanent resident visa clarifying that absolute discretion as set out in s174 of the Immigration Act 2009 cannot be used to grant a permanent residence visa for people with suspended deportation liability
- Aligning SSRV requirements with Variation of Travel Conditions (VOTC) instructions by adding a provision that prevents the grant of a SSRV for applicants where s49(1) conditions have not been met
- Adding a s50 of the Immigration Act 2009 reference to relevant provisions that provides the Minister or delegated officials the ability to impose conditions on residence class visas as an exception to instructions.
- Deleting cross references under RV1.25 as they are not needed and could create confusion as to the intent of the instruction.
- A provision concerning people not normally eligible for a PRV or SSRV is moved out of the sections RV2.1 Who is not eligible for a permanent resident visa? and RV4.1 Who is not eligible for a second or subsequent resident visa? to RV2.5 and RV4.10.
Jig Patel | Director | Immigration Centre