Residence PDF - Immigration New Zealand
Residence PDF - Immigration New Zealand
Residence PDF - Immigration New Zealand
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<strong>Immigration</strong> <strong>New</strong> <strong>Zealand</strong> Operational Manual<br />
<strong>Residence</strong><br />
Issue Date: 10 December 2012
CONTENTS<br />
Generic <strong>Residence</strong> 1-1<br />
RA Applications For <strong>Residence</strong> Class Visas ...................................................... 1-1<br />
R <strong>Residence</strong> Instructions 1-1<br />
R1 Objective .................................................................................................... 2-1<br />
R2 Lodging an application ............................................................................... 3-1<br />
R3 Generic Adoptions ...................................................................................... 4-1<br />
R4 Sponsorship for residence class visas ........................................................ 5-1<br />
R5 Determining an Application ........................................................................ 6-1<br />
R6 <strong>New</strong> <strong>Zealand</strong> <strong>Residence</strong> Programme .......................................................... 7-1<br />
R7 Confirming or transferring a residence class visa....................................... 8-1<br />
R8 Special Cases ............................................................................................. 9-1<br />
Business 9-1<br />
BA Business <strong>Immigration</strong> Instructions .......................................................... 10-1<br />
BC Long Term Business Category .................................................................. 11-1<br />
BE Employees of Relocating Businesses Category ......................................... 12-1<br />
BF English language requirements ................................................................ 13-1<br />
BH Entrepreneur Category ............................................................................ 14-1<br />
BJ Migrant Investment Categories ................................................................ 15-1<br />
BL Entrepreneur Plus Category ..................................................................... 16-1<br />
Family Categories 16-1<br />
F1 Objective .................................................................................................. 17-1<br />
F2 Partnership Category ................................................................................ 18-1<br />
F3 Parent Retirement Category ..................................................................... 19-1<br />
F4 Parent Category ....................................................................................... 20-1<br />
F5 Dependent Child Category ........................................................................ 21-1<br />
F7 Inter-country adoption ............................................................................. 22-1<br />
Skilled Migrant Category 22-1<br />
SM1 Objective ............................................................................................... 23-1<br />
SM2 Overview of Skilled Migrant Category .................................................... 24-1<br />
SM3 Expression of Interest and Invitation to Apply instructions ................... 25-1<br />
SM4 Summary of requirements ..................................................................... 26-1<br />
SM5 English Language Requirements ............................................................ 27-1<br />
SM6 Summary of points for employability and capacity building factors ....... 28-1<br />
SM7 Skilled employment ............................................................................... 29-1<br />
SM8 Bonus points: employment in an identified future growth area or area<br />
of absolute skills shortage ............................................................................ 30-1
SM9 Bonus points: employment outside the Auckland region ....................... 31-1<br />
SM10 Bonus points: partner's skilled employment in <strong>New</strong> <strong>Zealand</strong> ............... 32-1<br />
SM11 Work experience .................................................................................. 33-1<br />
SM12 Bonus points: work experience in <strong>New</strong> <strong>Zealand</strong> ................................... 34-1<br />
SM13 Bonus points: work experience in an identified future growth area or<br />
an area of absolute skills shortage ................................................................ 35-1<br />
SM14 Recognised qualifications .................................................................... 36-1<br />
SM15 Bonus points: <strong>New</strong> <strong>Zealand</strong> qualifications............................................ 37-1<br />
SM16 Bonus points: qualifications in an identified future growth area or an<br />
area of absolute skills shortage..................................................................... 38-1<br />
SM17 Bonus points: partner's recognised qualifications................................ 39-1<br />
SM18 Age ...................................................................................................... 40-1<br />
SM19 Requirements for occupational registration ......................................... 41-1<br />
SM20 Bonus points: close family in <strong>New</strong> <strong>Zealand</strong> .......................................... 42-1<br />
SM21 Settlement and Contribution Requirements ......................................... 43-1<br />
After the grant of a resident visa 43-1<br />
RV1 Generic provisions for applications made after the grant of a resident<br />
visa 44-1<br />
RV2 Resident visa holders applying for a permanent resident visa ............... 45-1<br />
RV3 Variation of travel conditions on resident visas ..................................... 46-1<br />
RV4 Grant of a second or subsequent resident visa ....................................... 47-1<br />
<strong>Residence</strong> from Work Category 47-1<br />
RW1 Objective............................................................................................... 48-1<br />
RW2 <strong>Residence</strong> instructions for holders of work visas granted under the<br />
Talent (Accredited Employers) work instructions .......................................... 49-1<br />
RW3 <strong>Residence</strong> instructions for holders of... ................................................. 50-1<br />
RW5 English language requirements.... ......................................................... 51-1<br />
RW6 Migrant Levy ......................................................................................... 52-1<br />
RW7 <strong>Residence</strong> instructions for holders of work visas granted under<br />
religious worker instructions ........................................................................ 53-1<br />
Special Categories 53-1<br />
S1 Special Categories for certain nationalities .............................................. 54-1<br />
S2 Special directions Instructions ................................................................. 55-1<br />
S3 Refugee and Protection Category ............................................................. 56-1<br />
S4 Special residence Categories .................................................................... 57-1
GENERIC RESIDENCE<br />
IN THIS SECTION<br />
RA Applications For <strong>Residence</strong> Class Visas ................................... 1-1<br />
R <strong>Residence</strong> Instructions .......................................................... 1-1
INZ Operational Manual <strong>Residence</strong><br />
RA APPLICATIONS FOR RESIDENCE CLASS VISAS<br />
The provisions in section RA summarise relevant sections from the <strong>Immigration</strong> Act 2009 and<br />
the <strong>Immigration</strong> Regulations 2010. These provisions do not in themselves constitute residence<br />
instructions.<br />
RA1 Currency and nature of residence class visas<br />
RA1.1 Currency and nature of a resident visa<br />
See also <strong>Immigration</strong> Act 2009 s 74<br />
a. The holder of a resident visa is entitled to:<br />
Effective 29/11/2010<br />
i travel to <strong>New</strong> <strong>Zealand</strong> in accordance with the conditions of the visa relating to travel;<br />
and<br />
ii apply for entry permission (whether before or after travelling to <strong>New</strong> <strong>Zealand</strong>); and<br />
b. If the holder of a resident visa is granted entry permission they are entitled, in accordance<br />
with the conditions of the visa (if any), to:<br />
i to stay in <strong>New</strong> <strong>Zealand</strong> indefinitely; and<br />
ii to work in <strong>New</strong> <strong>Zealand</strong> or in the exclusive economic zone of <strong>New</strong> <strong>Zealand</strong>; and<br />
iii to study in <strong>New</strong> <strong>Zealand</strong>.<br />
Note: See R5.66 for instructions on the travel conditions to be granted with a resident visa and<br />
RV3 for instructions on varying travel conditions after a resident visa has been granted.<br />
RA1.5 Currency and nature of a permanent resident visa<br />
See also <strong>Immigration</strong> Act 2009 s 73<br />
The holder of a permanent resident visa is entitled to:<br />
a. travel to <strong>New</strong> <strong>Zealand</strong> at any time; and<br />
b. be granted entry permission; and<br />
c. to stay in <strong>New</strong> <strong>Zealand</strong> indefinitely; and<br />
d. to work in <strong>New</strong> <strong>Zealand</strong> or in the exclusive economic zone of <strong>New</strong> <strong>Zealand</strong>; and<br />
e. to study in <strong>New</strong> <strong>Zealand</strong>.<br />
RA2 Who does not need to apply for a residence class visa<br />
RA2.1 <strong>New</strong> <strong>Zealand</strong> citizens<br />
See also <strong>Immigration</strong> Act 2009 s 13<br />
Effective 29/11/2010<br />
Effective 29/11/2010<br />
a. Every <strong>New</strong> <strong>Zealand</strong> citizen has the right to travel to and be in <strong>New</strong> <strong>Zealand</strong> at any time<br />
and is not liable for deportation in any circumstances.<br />
b. <strong>New</strong> <strong>Zealand</strong> citizens do not need a visa to travel to, enter or be in <strong>New</strong> <strong>Zealand</strong> but to<br />
establish their right to enter <strong>New</strong> <strong>Zealand</strong> they must show a <strong>New</strong> <strong>Zealand</strong> passport or a
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foreign passport containing an endorsement indicating the fact of <strong>New</strong> <strong>Zealand</strong> citizenship<br />
on arrival in the country if required to do so.<br />
Effective 29/11/2010<br />
RA2.5 People waived from having to obtain a residence class visa to travel to<br />
<strong>New</strong> <strong>Zealand</strong><br />
See also <strong>Immigration</strong> (Visa, Entry Permission, and Related Matters) Regulations 2010,<br />
Schedule 2<br />
The following people are waived from having to obtain a residence class visa to travel to <strong>New</strong><br />
<strong>Zealand</strong>:<br />
a. citizens of the Commonwealth of Australia; and<br />
b. people who hold a current permanent residence visa (including a resident return visa)<br />
issued by the Government of Australia; and<br />
c. people who have been granted a visa waiver to travel by special direction (see RA7).<br />
Note: People in these categories are not eligible to travel to <strong>New</strong> <strong>Zealand</strong> without a visa, or<br />
to be granted a visa to enter and stay in <strong>New</strong> <strong>Zealand</strong> if they fall under sections 15 or 16 of<br />
the <strong>Immigration</strong> Act 2009. They must have a special direction authorising them to apply for<br />
and be granted a residence class visa to travel to, enter and stay in <strong>New</strong> <strong>Zealand</strong> (see S2).<br />
RA3 Who needs a residence class visa<br />
See also <strong>Immigration</strong> Act 2009 s 14<br />
RA3.1 Who needs a residence class visa to travel to <strong>New</strong> <strong>Zealand</strong><br />
Effective 29/11/2010<br />
A person who is outside <strong>New</strong> <strong>Zealand</strong> who wishes to travel to <strong>New</strong> <strong>Zealand</strong> and stay<br />
indefinitely must hold (or be deemed to hold) a residence class visa unless they are:<br />
a. a <strong>New</strong> <strong>Zealand</strong> citizen; or<br />
b. a person who is exempt from having to obtain a residence class visa to travel to <strong>New</strong><br />
<strong>Zealand</strong> (RA2.5); or<br />
RA3.5 Who needs a residence class visa to be in <strong>New</strong> <strong>Zealand</strong><br />
Effective 29/11/2010<br />
A person who is in <strong>New</strong> <strong>Zealand</strong> lawfully and wishes to be in <strong>New</strong> <strong>Zealand</strong> indefinitely must<br />
hold (or be deemed to hold) a residence class visa to do so unless they are a <strong>New</strong> <strong>Zealand</strong><br />
citizen.<br />
RA4 Who is deemed to hold a residence class visa<br />
See also <strong>Immigration</strong> Act 2009 ss 75, 415, Schedule 5<br />
A person is deemed to hold a residence class visa if they:<br />
Effective 29/11/2010<br />
a. held a returning resident’s visa issued under the <strong>Immigration</strong> Act 1987 (RA4.1 and<br />
RA4.5); or<br />
b. held a residence permit granted under the <strong>Immigration</strong> Act 1987 (RA4.10); or
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c. were considered to hold a residence permit under the <strong>Immigration</strong> Act 1987 (see<br />
RA4.10.1); or<br />
d. were exempt under the <strong>Immigration</strong> Regulations 1999 from the need to hold a residence<br />
permit in <strong>New</strong> <strong>Zealand</strong> (RA4.10); or<br />
e. held <strong>New</strong> <strong>Zealand</strong> citizenship and renounced or were deprived of their citizenship<br />
(RA4.10).<br />
RA4.1 Who is deemed to hold a permanent resident visa<br />
See also <strong>Immigration</strong> Act 2009 ss 415, 75, Schedule 5<br />
Effective 29/11/2010<br />
A person who holds a returning resident’s visa of indefinite duration issued under the<br />
<strong>Immigration</strong> Act 1987 is deemed to hold a permanent resident visa.<br />
RA4.5 Who is deemed to hold a resident visa with travel conditions<br />
See also <strong>Immigration</strong> Act 2009 ss 415, 75, Schedule 5<br />
Effective 29/11/2010<br />
a. A person who holds a residence visa granted under the <strong>Immigration</strong> Act 1987 is deemed to<br />
hold a resident visa allowing:<br />
i travel to <strong>New</strong> <strong>Zealand</strong> for a single journey within the period or until the date specified<br />
in the residence visa; and<br />
ii stay indefinitely in <strong>New</strong> <strong>Zealand</strong> if the holder is granted entry permission.<br />
b. A person who holds a returning resident’s visa of limited duration granted under the<br />
<strong>Immigration</strong> Act 1987 is deemed to hold a resident visa allowing travel to <strong>New</strong> <strong>Zealand</strong> for<br />
an unlimited number of journeys within the period or until the date specified in the<br />
returning resident’s visa.<br />
c. If a person is deemed to be the holder of a resident visa because they hold a residence<br />
visa or returning resident’s visa granted under the <strong>Immigration</strong> Act 1987, and that<br />
residence visa or returning resident’s visa specifies requirements to be imposed under<br />
Section 18A of that Act upon grant of permit, their resident visa is subject to conditions<br />
equivalent to those requirements.<br />
Effective 29/11/2010<br />
RA4.10 Who is deemed to hold a resident visa without travel conditions<br />
a. A person in <strong>New</strong> <strong>Zealand</strong> is deemed to hold a resident visa without travel conditions if<br />
they:<br />
i held a residence permit granted under the <strong>Immigration</strong> Act 1987 and did not hold a<br />
returning resident’s visa; or<br />
ii were considered to hold a residence permit under the <strong>Immigration</strong> Act 1987 (see<br />
RA4.10.1); or<br />
iii were exempt under the <strong>Immigration</strong> Regulations 1999 from the need to hold a<br />
residence permit in <strong>New</strong> <strong>Zealand</strong>; or<br />
iv held <strong>New</strong> <strong>Zealand</strong> citizenship and renounced or were deprived of their citizenship.<br />
b. A person who holds or is deemed to hold a resident visa may continue to stay in <strong>New</strong><br />
<strong>Zealand</strong> indefinitely, however if they wish to leave <strong>New</strong> <strong>Zealand</strong> and return as a resident<br />
they must have a resident visa with valid travel conditions in their travel document (RV3).
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c. If a person is deemed to be the holder of a resident visa because they held a residence<br />
permit granted under the <strong>Immigration</strong> Act 1987, and that residence permit was subject to<br />
requirements imposed under Section 18A of that Act, their resident visa is deemed to be<br />
subject to conditions equivalent to those requirements.<br />
RA4.10.1 People considered to have held a residence permit under the <strong>Immigration</strong><br />
Act 1987<br />
See also <strong>Immigration</strong> Act 1987 s 44, <strong>Immigration</strong> Act 2009 s 415<br />
Even though a person in <strong>New</strong> <strong>Zealand</strong> was not the holder of a permit granted under the<br />
<strong>Immigration</strong> Act 1987, they are deemed to hold a resident visa if they:<br />
a. arrived in <strong>New</strong> <strong>Zealand</strong> lawfully to take up permanent residence at any time before 2 April<br />
1974 other than under a permit granted under the <strong>Immigration</strong> Act 1964 or any<br />
corresponding earlier Act; and<br />
b. have been in <strong>New</strong> <strong>Zealand</strong> continuously from the day they arrived, apart from any period<br />
or periods spent in:<br />
i Cook Islands, Niue or Tokelau; or<br />
ii Australia, if during any such period they were a Commonwealth citizen or citizen of the<br />
Republic of Ireland and were able to live in either <strong>New</strong> <strong>Zealand</strong> or Australia without<br />
restriction; and<br />
c. were in <strong>New</strong> <strong>Zealand</strong> immediately before the commencement of the <strong>Immigration</strong> Act 1987<br />
(ie, were in <strong>New</strong> <strong>Zealand</strong> at midnight on 31 October 1987); and<br />
d. were not exempt under the <strong>Immigration</strong> Act 1987 from having to hold a residence permit.<br />
Note: If a person who meets these requirements requests confirmation of their residence<br />
status, an immigration officer must endorse their passport with a residence class visa (see<br />
R7).<br />
RA5 Who may not apply for a residence class visa<br />
See also <strong>Immigration</strong> Act 2009, ss 71, 11<br />
Effective 29/11/2010<br />
a. Under section 71(4) of the <strong>Immigration</strong> Act 2009, no limited visa holder, interim visa<br />
holder, transit visa holder or person who is liable for deportation (including people who are<br />
unlawfully in <strong>New</strong> <strong>Zealand</strong>) may apply for a residence class visa.<br />
b. However, the Minister of <strong>Immigration</strong> or appropriately delegated immigration officer, in his<br />
or her absolute discretion may grant a residence class visa to a person to whom (a) above<br />
applies. In such cases:<br />
i the Minister or appropriate immigration officer is not obliged to consider a purported<br />
application from such a person; and<br />
ii whether the purported application is considered or not, the Minister or immigration<br />
officer is not obliged to give reasons for any decision on it, other than that section 11<br />
applies; and<br />
iii section 23 of the Official Information Act 1982 and section 27 of the <strong>Immigration</strong> Act<br />
2009 (concerning the right of access to reasons for decisions) do not apply.<br />
c. In some cases a person may only apply for a residence class visa if they have earlier been<br />
invited to apply for residence by an immigration officer. An invitation to apply for<br />
residence is sought through the completion and lodgement of an Expression of Interest.
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Invitation to apply applies to all applications for residence under the Skilled Migrant<br />
Category and Investor 2 Category of residence instructions.<br />
RA5.1 Effect of being liable for deportation on residence class visa<br />
applications<br />
See also <strong>Immigration</strong> Act 2009 s 169 (3)<br />
Effective 29/11/2010<br />
Under section 169 of the <strong>Immigration</strong> Act 2009, the processing of any application for a<br />
residence class visa from a person who has become liable for deportation must be suspended.<br />
RA6 Who is not eligible for a residence class visa<br />
See also <strong>Immigration</strong> Act 2009 ss 15, 16<br />
Effective 29/11/2010<br />
People described by section 15 or 16 of the <strong>Immigration</strong> Act 2009 (see A5.20) are not eligible<br />
to be granted a residence class visa unless they have been given a special direction (see RA7<br />
and S2).<br />
Effective 29/11/2010<br />
RA6.1 Restrictions on the grant of residence class visas for <strong>New</strong> <strong>Zealand</strong> Aid<br />
Programme (NZAP) students and their dependants<br />
See previous instructions:<br />
RA6.1 Effective 07/02/2011<br />
RA6.1 Effective 29/11/2010<br />
a. Unless (b) applies, NZAP-supported students and their partners, and the dependent<br />
children of NZAP-supported students and/or their partner are not eligible to be granted a<br />
residence class visa:<br />
i for the duration that the student receives the NZAP scholarship; and<br />
ii in the two-year period following cessation of the NZAP student's scholarship (see<br />
U11).<br />
b. The restriction in (a) may be waived if written approval from the Ministry of Foreign Affairs<br />
and Trade (MFAT) is obtained.<br />
c. INZ will notify MFAT if any NZAP-supported student, their partner or dependent children<br />
apply for a residence class visa at any time throughout the duration of the scholarship or<br />
in the two-year period following the cessation of the scholarship.<br />
d. Any work visa granted to the NZAP-supported student’s partner under immigration<br />
instructions at WF4.5 will expire on cessation of the NZAP partner’s scholarship and cannot<br />
be renewed, unless the work visa holder has written approval from MFAT for a renewal<br />
(see WF4.5).<br />
RA7 Special directions<br />
See also <strong>Immigration</strong> Act 2009 ss 11, 378<br />
Effective 26/11/2012<br />
a. In special circumstances, the Minister (or delegate) may give any immigration officer a<br />
special direction in relation to any person, visa or document, or any 2 or more persons,<br />
visas or documents where by reason of any specific event, occurrence or unusual<br />
circumstance there is a common link between those persons, visas, or documents.
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b. As the decision to give a special direction is a matter of absolute discretion, no person has<br />
the right to apply for a special direction, and if they do so:<br />
i the Minister or appropriate immigration officer is not obliged to consider a purported<br />
application for a special direction; and<br />
ii whether a purported application is considered or not, the Minister or immigration<br />
officer is not obliged to give reasons for any decision on it, other than that section 11<br />
applies; and<br />
iii section 23 of the Official Information Act 1982 and section 27 of the <strong>Immigration</strong> Act<br />
2009 (concerning the right of access to reasons for decisions) do not apply.<br />
RA8 Resident visas with conditions<br />
See also <strong>Immigration</strong> Act 2009 ss 49, 55, 50<br />
Effective 29/11/2010<br />
a. An immigration officer may impose conditions under sections 49 or 55 of the <strong>Immigration</strong><br />
Act 2009 on a resident visa as specified in residence instructions at the time the<br />
application for the visa was made.<br />
b. Regardless of whether or not any conditions are imposed under sections 49 or 55, under<br />
section 50 the Minister or appropriately delegated immigration officer may<br />
i impose conditions in addition to those specified in the applicable residence instructions<br />
(if any);<br />
ii vary or waive conditions that would otherwise apply to a visa of that type;<br />
iii impose, by special direction or by agreement of the visa holder, further conditions<br />
following the grant of a resident visa;<br />
iv vary or cancel, by special direction or by agreement of the visa holder, any conditions<br />
that would otherwise apply.<br />
Effective 29/11/2010<br />
RA9 Restrictions on the grant of a visa to certain groups as designated by the<br />
United Nations Security Council (UNSC)<br />
See previous instructions:<br />
RA9 Effective 30/04/2012<br />
RA9 Effective 29/11/2010<br />
See also United Nations Sanctions (Liberia) Regulations 2001 reg 16; United Nations Sanctions<br />
(Al-Qaida and Taliban) Regulations 2007 reg 13; United Nations Sanctions (Côte d'Ivoire)<br />
Regulations 2005 reg 13; United Nations Sanctions (Democratic People's Republic of Korea)<br />
Regulations 2006 reg 17; United Nations Sanctions (Iran) Regulations 2010 reg 25; United<br />
Nations Sanctions (Lebanon) Regulations 2008 reg 17; United Nations Sanctions (Democratic<br />
Republic of the Congo) Regulations 2004 reg 12D; United Nations Sanctions (Sudan)<br />
Regulations 2004 reg 13D; United Nations Sanctions (Somalia) Regulations 1992 reg 10F,<br />
United Nations Sanctions (Eritrea) Regulations 2010 reg 13; United Nations Sanctions (Libya)<br />
Regulations 2011 reg 17; United Nations Sanctions (Guinea-Bissau) Regulations 2012 reg 4.<br />
a. In accordance with United Nations sanctions, no person who is a designated individual or<br />
specified entity may enter <strong>New</strong> <strong>Zealand</strong> or transit through <strong>New</strong> <strong>Zealand</strong>, meaning that no<br />
such person may be granted a visa. This restriction is in place for the following people:<br />
i designated individuals from Liberia<br />
ii designated individuals from Côte d'Ivoire<br />
iii designated individuals, and their immediate family members, from the Democratic<br />
People's Republic of Korea (DPRK)
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iv designated individuals and specified entities from Al-Qaida and Taliban<br />
v designated individuals from Iran<br />
vi designated individuals from Lebanon<br />
vii designated individuals from the Democratic Republic of Congo (DRC)<br />
viii designated individuals from Sudan<br />
ix designated individuals from Somalia<br />
x designated individuals from Eritrea<br />
xi designated individuals from Libya<br />
xii designated individuals from Guinea-Bissau.<br />
b. <strong>Immigration</strong> officers must contact the Ministry of Foreign Affairs and Trade (MFAT) when<br />
processing any immigration application from a person to whom (a) above applies.<br />
c. A visa may only be granted to a designated individual or specified entity on the advice of<br />
the Secretary of Foreign Affairs and Trade.<br />
Note: For the purposes of these instructions, a designated individual and a specified entity is<br />
someone who is named on a list of such persons held by INZ and updated from time to time.<br />
Effective 30/11/2012
R RESIDENCE INSTRUCTIONS<br />
Application of Generic <strong>Residence</strong> Instructions<br />
The instructions contained in the Generic <strong>Residence</strong> chapter apply unless other provisions in<br />
residence instructions expressly state otherwise.<br />
IN THIS SECTION<br />
R1 Objective........................................................................... 2-1<br />
R2 Lodging an application ......................................................... 3-1<br />
R3 Generic Adoptions ............................................................... 4-1<br />
R4 Sponsorship for residence class visas ..................................... 5-1<br />
R5 Determining an Application ................................................... 6-1<br />
R6 <strong>New</strong> <strong>Zealand</strong> <strong>Residence</strong> Programme ....................................... 7-1<br />
R7 Confirming or transferring a residence class visa ...................... 8-1<br />
R8 Special Cases ..................................................................... 9-1<br />
Effective 29/11/2010
INZ Operational Manual <strong>Residence</strong><br />
R1 OBJECTIVE<br />
a. The objective of <strong>New</strong> <strong>Zealand</strong>'s residence programme is to contribute to economic growth<br />
through enhancing the overall level of human capability in <strong>New</strong> <strong>Zealand</strong>, encouraging<br />
enterprise and innovation, and fostering international links, while maintaining a high level<br />
of social cohesion.<br />
b. This objective is achieved through selecting a broad mix of migrants on the basis of either<br />
their skills and experience or their family links to <strong>New</strong> <strong>Zealand</strong>.<br />
Effective 29/11/2010
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R2 LODGING AN APPLICATION<br />
R2.1 Who may be included in an application<br />
See previous instructions R2.1 Effective 29/11/2010<br />
See also <strong>Immigration</strong> (Visa, Entry Permission, and Related Matters) Regulations 2010, Reg 20<br />
a. Each principal applicant (see R2.1.1 below) must make a separate application.<br />
b. The following people may be included in a residence class visa application, regardless of<br />
whether they are living in the same country as the principal applicant:<br />
i The partner of a principal applicant (see R2.1.10 below); and<br />
ii The biological or adopted (see R3) dependent children of the principal applicant and/or<br />
partner (if the partner is included in the application) (see R2.1.30 below).<br />
R2.1.1 Definition of 'principal applicant'<br />
a. The principal applicant is the person who is declared to be the principal applicant on the<br />
residence class visa application form.<br />
b. When the application is assessed, the principal applicant will be the person first assessed<br />
against the criteria in residence instructions, unless the instructions indicate otherwise.<br />
R2.1.5 Definition of 'applicant'<br />
An applicant is a person included in an application for a residence class visa and includes the<br />
principal applicant and secondary applicants (if any). All persons included in an application will<br />
be individually assessed against the criteria for the grant of residence in the residence<br />
instructions that apply to them.<br />
R2.1.10 Definition of 'partner'<br />
a. For the purpose of inclusion in a residence class visa application, 'partner' means a person<br />
who:<br />
i is legally married to the principal applicant; or<br />
ii is in a civil union partnership (whether opposite or same sex) with the principal<br />
applicant; or<br />
iii is in a de facto relationship (whether opposite or same sex) with the principal<br />
applicant.<br />
b. References to 'partner' in residence instructions mean 'partner' as defined in (a) above.<br />
c. A partner who does not meet the criteria in (a) above may not be included in a principal<br />
applicant’s application and must apply for residence as a principal applicant in their own<br />
right.<br />
R2.1.15 When may partners included in an application be granted a residence class<br />
visa?<br />
a. For a 'partner' included in an application to be granted a residence class visa an<br />
immigration officer must be satisfied that they meet 'partnership' instructions which are:<br />
i that the principal applicant and partner are living together in a genuine and stable<br />
partnership (see F2.10.1); and
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ii that the couple have been living together in such a relationship for 12 months or more<br />
at the time the application is assessed; and<br />
iii that the partnership meets the minimum requirements for the recognition of<br />
partnerships set out at F2.15 in that:<br />
the couple were both aged 18 years or older at the time the application for residence<br />
class visa was made, or if aged 16 or 17 years old have the support of their<br />
parent(s) or guardian(s); and<br />
the couple have met prior to the application being made; and<br />
they are not close relatives (see F2.15(d)).<br />
b. When assessing if the duration of the partnership requirement in a. ii above is met<br />
immigration officers may include any period immediately prior to any marriage where they<br />
are satisfied the couple was living together in an interdependent partnership akin to a<br />
marriage.<br />
R2.1.15.1 What happens if an immigration officer is not satisfied that a couple are<br />
living together in a partnership that is genuine and stable?<br />
If an immigration officer is not satisfied the principal applicant and partner included in the<br />
application are living together in a partnership that is genuine and stable, then:<br />
a. the partner will not be granted a residence class visa; and<br />
b. if the principal applicant is reliant on:<br />
i the attributes of their partner included in the application; or<br />
ii the family relationship of their partner included in the application<br />
those attributes or relationships will not be taken into account when determining eligibility<br />
of the principal applicant under residence instructions.<br />
Examples:<br />
~ Under the Skilled Migrant Category (see SM10.10(c)) a principal applicant's partner's<br />
skilled employment in <strong>New</strong> <strong>Zealand</strong> will not qualify for points.<br />
~ Under the Sibling and Adult Child Category instructions (see F6.1(c)) where a principal<br />
applicant and partner included in the application have combined income as evidence of<br />
meeting the required minimum income requirement only the principal applicant's income<br />
may be taken into account when determining the total family income per year.<br />
R2.1.15.5 What happens if the partnership is considered to be genuine and stable but<br />
is less than the 12 months required?<br />
a. If an immigration officer is satisfied the principal applicant and partner included in the<br />
application are living together in a partnership that is genuine and stable, but the duration<br />
of that partnership is less than the 12 months required, then:<br />
i in any case where the grant of a residence class visa to a principal applicant is reliant<br />
on the relationship with or attributes of their partner the application must be declined<br />
under residence instructions; or<br />
ii in any case where the grant of a residence class visa to a principal applicant is not<br />
reliant on the relationship with or attributes of their partner the immigration officer<br />
may proceed with processing the principal applicant for the residence class visa but<br />
defer the final decision on the partner to enable the qualifying period to be met.<br />
b. If a partner's application for a residence class visa has been deferred as described in (a)(ii)<br />
above they may be granted a work visa (once an application has been made) for a period<br />
sufficient to enable the qualifying period to be met and any further assessment of their<br />
residence class visa application to be completed (see WF2.20).
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R2.1.20 Evidence of relationship with partner<br />
Principal applicants must provide:<br />
a. evidence of their relationship with their partner included in the application; and<br />
b. evidence that their partnership is genuine and stable. (F2.20.15 sets out the types of<br />
evidence that are required).<br />
Note: In each case where a person relies on being the partner of a principal applicant for<br />
the purposes of inclusion in an application (and subsequent grant of a residence class visa),<br />
the onus of proving that the person included is the partner of the principal applicant, that<br />
their partnership is genuine and stable, and of the required duration lies with the principal<br />
applicant and their partner (see F2.5(c)).<br />
R2.1.25 Polygamous marriages and relationships<br />
As an exception to the exclusivity requirement which forms part of the definition of a genuine<br />
and stable partnership (see F2.10) principal applicants in polygamous marriages or<br />
relationships (i.e. marriages or relationships with more than one partner) may have only one<br />
partner included in their application for a residence class visa.<br />
R2.1.27 When may dependent children be included in an application and be granted a<br />
residence class visa?<br />
For a 'dependent child' to be included in an application to be granted a residence class visa, an<br />
immigration officer must be satisfied that they are a dependent child.<br />
R2.1.30 Definition of 'dependent child'<br />
See also <strong>Immigration</strong> (Visa, Entry Permission, and Related Matters) Regulations 2010, Regs, 4,<br />
20<br />
For the purpose of inclusion in an application, and despite the definition in section 4 of the<br />
<strong>Immigration</strong> Act 2009, a child is dependent if they:<br />
a. are:<br />
b. are:<br />
c. are:<br />
i aged 21 to 24, with no child(ren) of their own; and<br />
ii single; and<br />
iii totally or substantially reliant on the principal applicant and/or the principal applicant's<br />
partner for financial support, whether living with them or not; or<br />
i aged 18 to 20, with no child(ren) of their own; and<br />
ii single; or<br />
i aged 17 or younger; and<br />
ii single; and<br />
iii totally or substantially reliant on the principal applicant and/or the principal applicant's<br />
partner for financial support, whether living with them or not.<br />
d. When determining whether a child of 21 to 24 years of age is totally or substantially<br />
reliant on the principal applicant and/or the principal applicant's partner for financial
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support immigration officers must consider the whole application, taking into account all<br />
relevant factors including:<br />
• whether the child is in paid employment, whether this is full time or part time, and its<br />
duration;<br />
• whether the child has any other independent means of financial support;<br />
• whether the child is living with its parents or another family member, and the extent<br />
to which other support is provided;<br />
• whether the child is studying, and whether this is full time or part time.<br />
R2.1.35 Evidence of dependence<br />
a. Up to 17 years of age, if a child is single, they are presumed to be dependent unless there<br />
is evidence to the contrary.<br />
b. Children aged 18 to 20 years of age are presumed to be dependent if they are single and<br />
have no child(ren) of their own.<br />
c. For children aged 21 to 24 years of age, evidence of actual dependence may be required.<br />
R2.1.40 Evidence of relationship with dependent children<br />
The principal applicant must provide one of the following documents as evidence of the<br />
relationship of the principal applicant and/or partner included in the application with any<br />
dependent child included in the application:<br />
a. the original birth certificate showing the names of the parent(s); or<br />
b. original adoption papers showing that the child has been legally adopted by the principal<br />
applicant or partner; or<br />
c. in the case of a child adopted by custom, a declaration by the adoptive parent(s) separate<br />
from, and in addition to, any similar declaration made on an application form (see R3.5.1).<br />
R2.1.45 Children under 16 whose parents are separated or divorced<br />
a. If the parents of a child aged under 16 included in an application for a residence class visa<br />
are separated or divorced, the applicant parent must have the right to remove the child<br />
from the country in which rights of custody or visitation have been granted; or if no such<br />
rights have been granted, from the country of residence.<br />
b. Such children cannot be included in an application unless the applicant parent produces<br />
satisfactory evidence of their right to remove the child from the country in which the rights<br />
of custody or visitation have been granted or if no such rights have been granted, from the<br />
country of residence.<br />
c. Except where (d) applies, evidence of the right to remove the child from the country in<br />
which rights of custody or visitation have been granted must include original or certified<br />
copies of:<br />
i legal documents showing that the applicant has custody of the child and the sole right<br />
to determine the place of residence of the child, without rights of visitation by the<br />
other parent, or<br />
ii a court order permitting the applicant to remove the child from its country of<br />
residence; or
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iii legal documents showing that the applicant has custody of the child and a signed<br />
statement from the other parent, witnessed in accordance with local practice or law,<br />
agreeing to allow the child to live in <strong>New</strong> <strong>Zealand</strong> if the application is approved.<br />
d. Where an immigration officer is satisfied that:<br />
i by virtue of local law, the applicant parent has the statutory right to custody of the<br />
child; and<br />
ii it is not possible or required under that local law to obtain individualised legal<br />
documents to verify that custodial right, the child may be included in the application.<br />
R2.1.50 Children under 16 with only one parent included in the application for a<br />
residence class visa.<br />
a. If one of the parents of a child aged under 16 is not included in the application for a<br />
residence class visa, the applicant parent must have the right to remove the child from its<br />
country of residence.<br />
b. Such children cannot be included in an application unless the applicant parent produces<br />
satisfactory evidence of their right to remove the child from its country of residence.<br />
c. Except where (e) applies, evidence of the right to remove the child from its country of<br />
residence in cases where one parent is not included in the application for a residence class<br />
visa, but the parents are not separated or divorced, must include original or certified<br />
copies of:<br />
i a written statement confirmed by both parents at interview; or<br />
ii a court order permitting the applicant to remove the child from its country of<br />
residence.<br />
d. If, because of the death of one of the parents of a child aged under 16, only one parent is<br />
included in the application, the death certificate of the other parent must be provided.<br />
e. The child may be included in the application where an immigration officer is satisfied that:<br />
i by virtue of local law, the applicant parent has the statutory right to custody of the<br />
child; and<br />
ii it is not possible or required under that local law to obtain individualised legal<br />
documents to verify that custodial right.<br />
R2.1.55 Situation of dependent of partners included in an application<br />
a. Any dependent child who is reliant on inclusion in an application solely by virtue of being<br />
the dependent child of the principal applicant's partner included in an application (i.e. they<br />
are not a child of the principal applicant) may not be granted a residence class visa unless<br />
their parent partner is granted a residence class visa.<br />
b. If their parent partner is granted a work visa as provided for in R2.1.15.5 (b) above then<br />
they may also be granted a temporary visa of a type appropriate to their needs (once an<br />
application has been made) for the same period.
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Example: a dependent child intending to attend school in <strong>New</strong> <strong>Zealand</strong> must apply for a<br />
student visa.<br />
R2.5 Who may not be included in an application<br />
Effective 30/07/2012<br />
See also <strong>Immigration</strong> (Visa, Entry Permission, and Related Matters) Regulations 2010, Reg 20<br />
The following people may not be included in an application:<br />
a. any child aged 25 and over (whether dependent or not), and<br />
b. any child aged 24 and under who is not a dependent child.<br />
R2.10 Where to lodge an application<br />
Effective 29/11/2010<br />
a. Applications should be lodged at the INZ branch or MFAT post responsible for receiving<br />
applications from the geographical area or country in which the principal applicant<br />
currently lives. A list of current Receiving Offices is contained in Appendix 2.<br />
b. If an application is lodged at an office other than the appropriate one, the application may<br />
be referred to the appropriate office.<br />
R2.15 Processing of applications<br />
Effective 29/11/2010<br />
a. Applications for residence class visas are processed by INZ branch offices and certain<br />
MFAT offices.<br />
b. INZ determines at which office an application is processed. This means that an application<br />
may be processed at an office other than the office where it is lodged.<br />
R2.20 Date an application is lodged<br />
An application is lodged on the date that INZ receives it.<br />
Effective 29/11/2010<br />
Note: If an application is processed using AMS, the date the application is lodged is referred to<br />
in AMS as the date 'tendered'.<br />
R2.25 Date an application is made<br />
See also <strong>Immigration</strong> Act 2009 s 57<br />
Effective 29/11/2010<br />
a. An application is made on the date that it is lodged only if, on that date, it is lodged in the<br />
prescribed manner.<br />
b. <strong>Immigration</strong> officers determine whether applications are lodged in the prescribed manner<br />
by assessing whether all mandatory requirements (see R2.40) for lodgement have been<br />
met.<br />
c. If an immigration officer determines that an application is not lodged in the prescribed<br />
manner and requests further documents (see R2.50), the application is made on the date<br />
that INZ receives the last of any outstanding documents necessary to meet the prescribed<br />
manner for lodgement.
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Note: If an application is processed using AMS, the date the application is made is referred to<br />
in AMS as the date 'accepted'.<br />
R2.30 Receipt of applications<br />
Effective 29/11/2010<br />
All applications and any evidence or information submitted in support of an application<br />
(whether at the same time or later) must be stamped with the date of the day on which they<br />
are lodged with INZ.<br />
R2.35 How an application must be lodged<br />
a. Applications must be lodged in the prescribed manner.<br />
Effective 29/11/2010<br />
b. The prescribed manner is the manner laid down for residence class visa applications in the<br />
<strong>Immigration</strong> (Visa, Entry Permission, and Related Matters) Regulations 2010, which set<br />
out the mandatory requirements for lodging an application.<br />
Effective 29/11/2010<br />
R2.40 Mandatory requirements for lodging an application for a residence<br />
class visa<br />
See previous instructions:<br />
R2.40 Effective 04/04/2011<br />
R2.40 Effective 29/11/2010<br />
See also <strong>Immigration</strong> (Visa, Entry Permission, and Related Matters) Regulations 2010, Reg 5<br />
Unless RV1.10.10 applies, an application for a residence class visa made outside an<br />
immigration control area must be:<br />
a. made on an approved form; and<br />
b. completed in English; and<br />
c. signed by the applicant (unless the applicant is less than 18 years old, in which case it<br />
must be signed by a parent or guardian of the applicant); and<br />
d. given to an immigration officer together with the following material:<br />
i the applicant's passport or certificate of identity, or if this is unavailable, his or her<br />
original full birth certificate (or a certified copy) or other identity document (or a<br />
certified copy); and<br />
ii two passport-sized photographs of the applicant’s head and shoulders; and<br />
iii an original or certified copy of the applicant's full birth certificate or, if this is<br />
unobtainable, an original or certified copy of an identity card; and<br />
iv the appropriate fee (if any); and<br />
v any information and evidence required by the relevant immigration instructions that<br />
shows that the principal applicant fits the category or categories of residence<br />
instructions under which the application is being made; and<br />
vi a completed Medical Certificate for the applicant that is less than three months old,<br />
unless A4.20(d) applies; and
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vii a completed Chest X-ray Certificate for the applicant that is less than three months old<br />
(except for pregnant women and children under the age of 11), unless A4.20(d)<br />
applies;<br />
viii a police or similar certificate, less than 6 months old, indicating the applicant's record<br />
of convictions or lack of convictions for their country of citizenship and for each<br />
country in which they have lived for 12 months or more during the past 10 years<br />
(except for applicants under 17 and except where the authorities of any such country<br />
will not generally provide certificates), unless A5.10(d)(iii) applies; and<br />
ix any other information, evidence and submissions that the principal applicant considers<br />
show fully that they are eligible to be granted a residence class visa in terms of the<br />
applicable residence instructions.<br />
R2.40.1 Mandatory requirements for lodging an application for a resident visa at an<br />
immigration control area<br />
See also <strong>Immigration</strong> (Visa, Entry Permission, and Related Matters) Regulations 2010, Regs 7,<br />
8<br />
a. An application for a resident visa can be made at an immigration control area by:<br />
i an Australian citizen;<br />
ii a holder of Australian permanent residence visas (including a resident return visa)<br />
iii a person who previously held a resident visa.<br />
b. An application for a resident visa at an immigration control area must:<br />
i be made on an approved form; and<br />
ii relate to only one person; and<br />
iii be completed in English; and<br />
iv be signed by the applicant, unless the applicant is less than 18 years old, in which<br />
case it must be signed by a parent or guardian (if the applicant is accompanied by a<br />
parent or guardian), or it is not required to be signed (if the applicant is not<br />
accompanied by a parent or guardian).<br />
v be given to an immigration officer together with the applicant’s passport or certificate<br />
of identity.<br />
R2.40.5 Definition of 'current'<br />
'Current' means, in relation to any document provided in support of an application or<br />
Expression of Interest, to meet:<br />
a. mandatory requirements for lodgement of an application; or<br />
b. other evidential requirements of residence instructions,<br />
that, at any relevant stage during the life of an application or an Expression of Interest (e.g. at<br />
the time an application or Expression of Interest is lodged, during assessment of the<br />
application or Expression of Interest and at the date of final decision on an application), that<br />
document is not expired.<br />
R2.40.10 Authority to waive mandatory requirements<br />
<strong>Immigration</strong> officers may only waive those mandatory requirements for which they have<br />
delegated authority to make a special direction.
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R2.40.15 Requests for applications to be lodged otherwise than on an approved form<br />
See also <strong>Immigration</strong> (Visa, Entry Permission, and Related Matters) Regulations 2010, Regs<br />
21, 22<br />
a. The <strong>Immigration</strong> (Visa, Entry Permission, and Related Matters) Regulations 2010 allow for<br />
applications to be made otherwise than on the approved form. The purpose of these<br />
provisions is to allow for applications for visas to be processed rapidly, where the decision<br />
to grant or refuse a visa is straightforward and in an immigration officer’s view any<br />
verification requirements are minor in nature.<br />
b. Because of the complex nature of residence class visa applications and the high level of<br />
verification required, requests to lodge residence class visa applications otherwise than on<br />
the approved form will normally be refused.<br />
R2.40.20 Evidence of identity<br />
a. Mandatory requirements (see R2.40 above) relating to proof of identity require<br />
applications to include full birth certificates for every applicant, which usually state:<br />
i the applicant's name; and<br />
ii their date of birth; and<br />
iii their place of birth; and<br />
iv the names and occupations of their parents.<br />
b. If a full birth certificate is unobtainable, the applicant may submit an original or certified<br />
copy of an identity card.<br />
c. A full birth certificate is considered to be obtainable even if there is a possible delay or<br />
expense in obtaining it.<br />
Effective 30/07/2012<br />
R2.44 Additional requirements for an immigration adviser acting on behalf of<br />
an applicant<br />
See also <strong>Immigration</strong> Advisers Licensing Act 2007 s 9<br />
No immigration application or request put forward on behalf of another person from an<br />
unlicensed immigration adviser may be accepted, unless the immigration adviser is exempt<br />
from the requirement to be licensed under the <strong>Immigration</strong> Advisers Licensing Act 2007.<br />
R2.44.1 Persons exempt from licensing<br />
See also <strong>Immigration</strong> Advisers Licensing Act 2007 s 11<br />
The following persons are exempt from the requirement to be licensed under the <strong>Immigration</strong><br />
Advisers Licensing Act 2007:<br />
a. a person who provides immigration advice in an informal or family context only, where the<br />
advice is not provided systematically or for a fee;<br />
b. a Member of Parliament, or their staff, who provides immigration advice as part of their<br />
employment agreement;<br />
c. a foreign diplomat or consular staff accorded protection as such under the Diplomatic<br />
Privileges and Immunities Act 1968 or the Consular Privileges and Immunities Act 1971;<br />
d. an employee of the <strong>New</strong> <strong>Zealand</strong> public service who provides immigration advice within<br />
the scope of their employment agreement;
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e. a lawyer who holds a current practising certificate as a barrister or as a barrister and<br />
solicitor of the High Court of <strong>New</strong> <strong>Zealand</strong>;<br />
f. a person employed by or working as a volunteer for a <strong>New</strong> <strong>Zealand</strong> community law centre<br />
where at least one lawyer is on the employing body of the community law centre or is<br />
employed by or working as a volunteer for the community law centre in a supervisory<br />
capacity;<br />
g. a person employed by or working as a volunteer for a <strong>New</strong> <strong>Zealand</strong> citizens advice bureau;<br />
and<br />
h. a person who provides immigration advice offshore in relation to applications or potential<br />
applications for temporary entry class visas with conditions authorising study in <strong>New</strong><br />
<strong>Zealand</strong> only.<br />
R2.45 Additional requirements<br />
Effective 29/11/2010<br />
See also <strong>Immigration</strong> (Visa, Entry Permission, and Related Matters) Regulations 2010, regs 5,<br />
7, 8<br />
Before determining the application, an immigration officer processing an application may<br />
require the applicant:<br />
a. to appear before an immigration officer for an interview; and/or<br />
b. to produce any other photographs, documents, evidence, and information the officer<br />
thinks necessary to help in determining the application; and/or<br />
c. to undergo a further medical examination (unless the applicant previously held a resident<br />
visa and is applying for a resident visa at an immigration control area).<br />
R2.46 DNA testing for verifying claimed relationships<br />
Effective 29/11/2010<br />
a. DNA testing provides the most reliable evidence of whether or not a claimed biological<br />
relationship exists. In certain cases, DNA test evidence will be the only evidence available<br />
to satisfy an immigration officer of a claimed relationship because documentary and other<br />
evidence of the relationship does not exist or is unreliable.<br />
b. In situations where documentation does not exist or is unreliable, an immigration officer<br />
may raise the possibility of undertaking DNA testing with the applicant.<br />
c. DNA testing is voluntary for applicants and sponsors. If an applicant or sponsor, having<br />
been advised of the possibility of DNA testing, decides not to undertake such testing, no<br />
adverse inference may be drawn from this decision, and such a decision of itself will not be<br />
a reason to decline an application.<br />
d. DNA test results must be considered in the context of all other information and evidence<br />
relevant to the claimed relationship.<br />
e. An immigration officer may accept results of a DNA test as part of an application at any<br />
time.<br />
f. Only DNA tests carried out by an INZ-approved laboratory in accordance with standard<br />
procedures will be accepted as evidence of claimed relationships under these instructions.
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g. Usually an applicant/sponsor will be expected to pay the costs of the DNA testing used to<br />
support the claims in their residence class visa application. On a case by case basis, INZ<br />
may consider paying for the DNA test costs.<br />
h. Where the applicant/sponsor has accepted an INZ invitation to undertake DNA testing to<br />
prove a relationship between an applicant and a sponsor who has obtained residence in<br />
<strong>New</strong> <strong>Zealand</strong> under the Refugee Quota, the costs of that test will be met by INZ.<br />
i. All DNA testing carried out under these instructions is done so in accordance with the<br />
Information Privacy Principles of the Privacy Act 1993.<br />
R2.50 Applications not lodged in the prescribed manner<br />
Effective 29/11/2010<br />
a. An application must be returned if it is submitted by an unlicensed immigration adviser<br />
(see R2.44) unless they are exempt from licensing.<br />
b. Except where the provisions of paragraph (a) above apply, INZ may, at its discretion, hold<br />
applications that are not lodged in the prescribed manner (see R2.35 and R2.40) for a<br />
specified period of time until any outstanding requirements have been met; but INZ does<br />
not consider such applications to have been made.<br />
c. INZ is under no obligation to hold an application that is not lodged in the prescribed<br />
manner.<br />
d. When an application is lodged in an incomplete but minor and easily corrected manner,<br />
immigration officers will:<br />
i hold the papers; and<br />
ii notify the principal applicant or agent that the application has not been lodged in the<br />
prescribed manner but is being held for a limited time to enable the principal applicant<br />
or agent to meet the outstanding mandatory requirements; and<br />
iii notify the principal applicant or agent of the documents required for the application to<br />
meet the mandatory requirements (see R2.40) for lodging an application.<br />
e. Where (b) or (d) apply, principal applicants will be given a specified time to complete the<br />
outstanding requirements, and if they do not do so, the application may be returned to the<br />
principal applicant or agent.<br />
f. When an application is not lodged in the prescribed manner and the provisions of<br />
paragraphs (b) or (d) above do not apply, the application must be returned to the principal<br />
applicant or agent.<br />
R2.55 How to submit documents<br />
See previous instructions: R2.55 Effective 29/11/2010<br />
Effective 29/11/2010<br />
a. All documents submitted in support of an application for a residence class visa must be<br />
originals, or certified copies.<br />
b. Certified copies must be stamped or endorsed as being true copies of the originals by a<br />
person authorised by law to take statutory declarations in the applicant's country or in<br />
<strong>New</strong> <strong>Zealand</strong>.<br />
Examples: a lawyer, notary public, Justice of the Peace, or court official.
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c. If certified copies are supplied, immigration officers may also request the original<br />
documents.<br />
R2.55.1 Translations<br />
a. Any documents not in English must be accompanied by an English translation containing<br />
the information normally found in an equivalent <strong>New</strong> <strong>Zealand</strong> document, or sufficient<br />
information to show that the applicant has met the criteria set out in instructions.<br />
b. INZ may, at its discretion, require applicants to provide full English translations of<br />
documents.<br />
c. Translations must:<br />
i not be prepared by an applicant, any member of their family or an immigration adviser<br />
assisting with the application; and<br />
ii be accompanied by the original documents or certified copies; and<br />
iii be certified as a correct translation made by a person familiar with both languages and<br />
competent in translation work; and<br />
iv bear the stamp or signature of the translator or translation business; and<br />
v if applicable, be on the official letterhead of the translation business.<br />
d. Officers may:<br />
i request a translation of the complete document where the translation is of a selected<br />
part(s) of the document; and<br />
ii request a translation by a different (specified) translation service where they are not<br />
satisfied by the initial translation.<br />
Note: If a translation by a different (specified) translation service is requested the reason(s)<br />
behind the request must be clearly documented and conveyed to the applicant by INZ.<br />
R2.60 Payment of the fee<br />
Effective 04/04/2011<br />
See also <strong>Immigration</strong> (Visa, Entry Permission, and Related Matters) Regulations 2010<br />
a. Principal applicants must pay the fee specified for that type of application at the time the<br />
application is lodged, unless:<br />
i the fee is waived by an officer with schedule 1-3 delegations, who has the authority to<br />
grant a special direction under section 395 (2) of the <strong>Immigration</strong> Act 2009; or<br />
ii the principal applicant is a citizen of a country with which <strong>New</strong> <strong>Zealand</strong> has a fee<br />
waiver agreement covering visas (see <strong>Immigration</strong> (Visa, Entry Permission, and<br />
Related Matters) Regulations 2010).<br />
b. A receiving office is an INZ office or MFAT post designated for receiving applications from<br />
particular countries (see Appendix 2).<br />
c. The fee payable for an application is determined by the receiving office designated for<br />
receiving applications from the principal applicant's country of citizenship.<br />
d. If a principal applicant is resident in a country other than their country of citizenship, they<br />
may lodge their application at the office designated for receiving applications from the<br />
country in which they are residing, but the fee payable will be the fee for the office<br />
designated to receive applications from their country of citizenship.
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e. If the principal applicant is in <strong>New</strong> <strong>Zealand</strong> and lodges an application in <strong>New</strong> <strong>Zealand</strong>, the<br />
fee payable for the application is the fee payable for applications lodged in <strong>New</strong> <strong>Zealand</strong>,<br />
regardless of the principal applicant's citizenship.<br />
f. Fees may be paid or by bank cheque, as well as by money order (from registered banks),<br />
credit card or EFTPOS (Electronic Funds Transfer Point of Sale), if these forms of payment<br />
are acceptable to the INZ branch office or MFAT office at which an application is lodged.<br />
g. With the exception of the following offshore INZ branches, Beijing, Dubai, Jakarta,<br />
Moscow, and Shanghai, cash is not an acceptable form of payment.<br />
h. Bank cheques for applications lodged at INZ offices in <strong>New</strong> <strong>Zealand</strong> should be made out to<br />
‘<strong>Immigration</strong> <strong>New</strong> <strong>Zealand</strong>’.<br />
R2.65 Lodging an Expression of Interest<br />
Effective 29/11/2010<br />
See also <strong>Immigration</strong> (Visa, Entry Permission, and Related Matters) Regulations 2010, reg 9<br />
a. In some cases a person may only apply for a residence class visa if they have earlier been<br />
invited to apply for residence by an immigration officer. An invitation to apply for<br />
residence is sought through the completion and lodgement of an Expression of Interest.<br />
b. The prescribed manner for completing and submitting an Expression of Interest is that the<br />
person expressing interest submits to an immigration officer:<br />
i the completed Expression of Interest form; and<br />
ii the appropriate fee (if any).<br />
Note: The completed form can be submitted electronically or in paper form.<br />
c. Expressions of Interest submitted electronically can only be submitted via the INZ website.<br />
Effective 29/11/2010
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R3 GENERIC ADOPTIONS<br />
R3.1 Definition of 'adoption'<br />
'Adoption' means:<br />
a. a legal adoption; or<br />
b. an adoption by custom which has occurred at an early age within an extended family.<br />
R3.5 Implications of adoptive relationships<br />
Effective 29/11/2010<br />
a. People who have been legally adopted, or who have been adopted by custom are regarded<br />
as members of the family into which they have been adopted, if an immigration officer is<br />
satisfied that a legal or customary adoption has taken place.<br />
b. If an immigration officer is satisfied that a legal or customary adoption has taken place,<br />
the person who has been adopted will not be regarded as a member of their biological<br />
family under residence instructions for the purposes of:<br />
i inclusion in an application for a residence class visa made by their biological family;<br />
and<br />
ii sponsorship of members of their biological family for a residence class visa in <strong>New</strong><br />
<strong>Zealand</strong>; and<br />
iii sponsorship by members of their biological family for a residence class visa in <strong>New</strong><br />
<strong>Zealand</strong>; and<br />
iv determining eligibility for a residence class visa under one of the Family Categories.<br />
R3.5.1 Evidence of adoption<br />
a. Evidence of a legal adoption is original or certified copies of adoption papers.<br />
b. Evidence of a customary adoption is a written declaration by the adoptive parents stating:<br />
i that the person has been adopted by them; and<br />
ii the date of the adoption; and<br />
iii the country in which the adoption took place.<br />
c. INZ may seek confirmation of a customary adoption from the person's biological parent(s),<br />
or adoptive parent(s) as applicable.<br />
d. <strong>Immigration</strong> officers should consult applications lodged by any other family members to<br />
confirm whether a customary adoption has been declared. <strong>Immigration</strong> officers should<br />
take such declarations into account when determining whether an adoption by custom has<br />
taken place. However, if there are discrepancies between declarations on application<br />
forms, immigration officers should not automatically assume that the adoption has not<br />
taken place but should refer to R5.15 ('Explaining discrepancies in family details').<br />
e. Under the Dependent Child Category (see F5), if a person has been legally adopted by a<br />
person who is a <strong>New</strong> <strong>Zealand</strong> citizen or residence class visa holder evidence that an<br />
overseas adoption has the same effect as a <strong>New</strong> <strong>Zealand</strong> adoption under section 17 of the<br />
Adoption Act 1955 must also be provided (see F5.10.25).<br />
Effective 29/11/2010
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R4 SPONSORSHIP FOR RESIDENCE CLASS VISAS<br />
R4.1 Objective<br />
A <strong>New</strong> <strong>Zealand</strong> sponsor is a requirement in some residence categories in order to:<br />
a. improve settlement outcomes for the applicant; and<br />
b. ensure that the applicant has a means of support in <strong>New</strong> <strong>Zealand</strong>; and<br />
c. protect the Crown from the potential cost of the applicant seeking government assistance.<br />
R4.5 Acceptable sponsors<br />
See also <strong>Immigration</strong> Act 2009, s 48<br />
a. In order to sponsor an applicant for a residence class visa, a sponsor must be<br />
Effective 29/11/2010<br />
i deemed acceptable by the Minister of <strong>Immigration</strong> or an immigration officer; and<br />
ii meet the relevant eligibility criteria for acceptable sponsors set out in this chapter;<br />
and<br />
iii meet any further criteria imposed by the specific residence category the applicant is<br />
applying under.<br />
b. It is a matter for the absolute discretion of the Minister of <strong>Immigration</strong> or an immigration<br />
officer whether a person is acceptable as a sponsor.<br />
c. A sponsor may be a natural person, an organisation or a government agency. A specific<br />
residence category may specify restrictions regarding the types of entity that may sponsor<br />
under that category.<br />
d. If the sponsor is a natural person then they:<br />
i must be a <strong>New</strong> <strong>Zealand</strong> citizen or the holder of a current residence class visa that is<br />
not subject to conditions under section 49(1)(a) or section 50 of the <strong>Immigration</strong> Act<br />
2009; and<br />
ii must have been a <strong>New</strong> <strong>Zealand</strong> citizen and/or the holder of a <strong>New</strong> <strong>Zealand</strong> residence<br />
class visa (or a residence permit or returning resident’s visa under the <strong>Immigration</strong><br />
Act 1987) for at least three years immediately preceding the date the application they<br />
wish to sponsor is made; and<br />
iii must be ordinarily resident in <strong>New</strong> <strong>Zealand</strong> and for each of the three 12 month<br />
portions within the three years immediately preceding the date the application they<br />
wish to sponsor is made, have spent a total of 184 days or more in <strong>New</strong> <strong>Zealand</strong>; and<br />
iv must not sponsor for the purpose of receiving a financial reward or fee; and<br />
v must not have been convicted at any time of an offence under immigration law; and<br />
vi must not have an outstanding debt to the Crown or other third parties as a result of<br />
another sponsorship arrangement; and<br />
vii must not sponsor a person if they have previously breached sponsorship obligations;<br />
and<br />
viii must not have entered insolvency procedures or be adjudicated bankrupt; and<br />
ix must not be liable for deportation; and<br />
x must not be serving a custodial sentence or be awaiting sentencing after being<br />
convicted of a crime which carries a custodial sentence.
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e. If the sponsor is an organisation it:<br />
i must be registered in <strong>New</strong> <strong>Zealand</strong> as a company, incorporated society or charitable<br />
trust; and<br />
ii must identify a clear link between the organisation’s activities and the purpose for<br />
which the applicant is coming to <strong>New</strong> <strong>Zealand</strong>; and<br />
iii must not sponsor for the purpose of receiving a financial reward or fee; and<br />
iv must not have been convicted of an offence under immigration law, and must not have<br />
any listed directors, trustees, or management, who have been convicted of an offence<br />
under immigration law; and<br />
v must not have an outstanding debt to the Crown or other third parties as a result of<br />
another sponsorship arrangement; and<br />
vi must not sponsor a person if they have previously breached sponsorship obligations;<br />
and<br />
vii must not be in receivership or liquidation.<br />
Note: Sponsoring an employee for the purpose of employment that is expected to result in<br />
a profit being made for the sponsor is not considered to be ‘financial reward’.<br />
f. If the sponsor is an a government agency, it must be a government department under the<br />
State Sector Act 1988, or a Crown entity as defined in section 7(1) of the Crown Entities<br />
Act 2004.<br />
Note: for the purpose of sponsorship requirements, a Crown entity as defined in section<br />
7(1) of the Crown Entities Act 2004 includes Crown agents, autonomous Crown entities and<br />
independent Crown entities, Crown entity companies, Crown entity subsidiaries, school<br />
boards of trustees, and tertiary institutions.<br />
g. If a sponsor is not a natural person they must nominate an individual as the authorised<br />
contact for the purposes of sponsorship.<br />
h. If a sponsor does not meet the crtieria to be an acceptable sponsor, the reasons for this<br />
decision must be put to the applicant to allow the sponsor to respond.<br />
R4.10 Sponsorship undertakings<br />
See also <strong>Immigration</strong> Act 2009, s 48<br />
Effective 29/11/2010<br />
a. Sponsorship creates a responsibility for the sponsor to ensure the sponsored person has<br />
accommodation, maintenance while in <strong>New</strong> <strong>Zealand</strong>, and outward travel.<br />
b. The undertakings for which a sponsor is responsible, and in relation to which a debt is<br />
recoverable from the sponsor, are:<br />
i accommodation, meaning suitable accommodation for the sponsored person in <strong>New</strong><br />
<strong>Zealand</strong>, where the sponsored person does not have the means for their own<br />
accommodation; and<br />
ii maintenance, meaning the reasonable costs of essential provisions needed for the<br />
sponsored person’s health and welfare in <strong>New</strong> <strong>Zealand</strong>, where they do not have the<br />
means for these. This may include but is not limited to food, clothing and medical<br />
treatment where required; and<br />
iii repatriation, meaning any costs associated with the sponsored person leaving <strong>New</strong><br />
<strong>Zealand</strong> at the end of the sponsorship period if the person:<br />
does not have the means for their own repatriation (or refuses to pay for it); or
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is liable for deportation.<br />
iv deportation, meaning any costs that are incurred during the sponsorship period in<br />
relation to the sponsored person’s deportation, which could include the costs of<br />
locating, detaining and maintaining the person, and their travel costs in being<br />
deported.<br />
c. A visa holder themselves may have the means to fund their own maintenance,<br />
accommodation, and outward travel. However, if they do not, or refuse to, the sponsor is<br />
required to either provide these themselves directly or pay for the cost of providing them.<br />
R4.15 Breach of sponsorship undertakings<br />
See also <strong>Immigration</strong> Act 2009 ss 55, 159<br />
Effective 29/11/2010<br />
a. Where sponsorship is required by the immigration instructions for a resident visa<br />
application, it is an ongoing condition of the visa granted to the sponsored person.<br />
b. If costs are incurred by the Crown or a third party because any part of the maintenance,<br />
accommodation or outward travel needs of a sponsored person were not met, the sponsor<br />
is considered to have breached their sponsorship undertaking.<br />
c. If costs are incurred by the Crown or a third party as a result of a sponsor breaching their<br />
sponsorship undertakings,<br />
i the visa holder is deemed to have breached the conditions of their visa and will<br />
therefore become liable for deportation; and<br />
ii these costs are considered to be a debt owed by the sponsor, and the sponsor is liable<br />
to be pursued by the Crown or the third party to recover this debt.<br />
d. A sponsor’s liability for any debt incurred to the crown or a third party as a result of a<br />
breach of their sponsorship undertakings remains:<br />
i after the end of the sponsorship period, until the debt is recovered; and<br />
ii regardless of the subsequent status of the sponsored person in <strong>New</strong> <strong>Zealand</strong> or the<br />
departure of the sponsored person from <strong>New</strong> <strong>Zealand</strong>.<br />
Effective 29/11/2010<br />
R4.20 Duration of sponsorship period<br />
a. The responsibility of the sponsor to meet their undertakings remains in place from the<br />
date the sponsored person arrives in <strong>New</strong> <strong>Zealand</strong>, or if they are already onshore, from<br />
the date the visa with sponsorship conditions is granted, until the earliest of:<br />
i the date the person sponsored is granted a new visa with a new sponsor or no<br />
sponsorship requirement; or<br />
ii the date at the end of the duration stipulated in the category under which the person<br />
received their visa; or<br />
iii the date the sponsored person is deported from <strong>New</strong> <strong>Zealand</strong>.<br />
R4.25 Evidence of sponsorship<br />
Effective 29/11/2010<br />
a. Sponsors must provide the completed sponsorship form required by the category of<br />
residence instructions the application is being made under.
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b. Sponsors must provide evidence that they are an acceptable sponsor and have the<br />
financial means to meet all sponsorship undertakings.<br />
c. An <strong>Immigration</strong> Officer may request additional evidence that a sponsor is an acceptable<br />
sponsor and is able to meet their sponsorship undertakings.<br />
d. If a sponsor is an organisation, they must provide evidence that they are registered in<br />
<strong>New</strong> <strong>Zealand</strong> as a company, incorporated society or charitable trust.<br />
R4.25.1 Evidence for sponsors who are natural persons<br />
a. Evidence that sponsors are <strong>New</strong> <strong>Zealand</strong> citizens may include, but is not limited to,<br />
original or certified copies of:<br />
• <strong>New</strong> <strong>Zealand</strong> passport; or<br />
• a <strong>New</strong> <strong>Zealand</strong> birth certificate issued prior to 1 January 2006; or<br />
• a <strong>New</strong> <strong>Zealand</strong> birth certificate issued on or after 1 January 2006 that positively<br />
indicates <strong>New</strong> <strong>Zealand</strong> citizenship; or<br />
• a certificate of <strong>New</strong> <strong>Zealand</strong> citizenship; or<br />
• a confirmation of <strong>New</strong> <strong>Zealand</strong> citizenship by descent certificate issued under the<br />
Citizenship Act 1977; or<br />
• an evidentiary certificate issued under the Citizenship Act 1977 confirming <strong>New</strong><br />
<strong>Zealand</strong> citizenship; or<br />
• an endorsement in a foreign passport indicating the fact of <strong>New</strong> <strong>Zealand</strong> citizenship.<br />
b. Evidence that sponsors are residence class visa holders may include but is not limited to<br />
original or certified copies of:<br />
• a current <strong>New</strong> <strong>Zealand</strong> residence class visa in their passport or a certificate of identity;<br />
or<br />
• evidence the sponsor is deemed to hold a residence class visa.<br />
c. Evidence of a sponsors time spent in <strong>New</strong> <strong>Zealand</strong> as a <strong>New</strong> <strong>Zealand</strong> citizen or residence<br />
class visa holder may include:<br />
• INZ records of sponsors' entry to and exit from <strong>New</strong> <strong>Zealand</strong>; or<br />
• the sponsor’s current or previous passports; or<br />
• any other evidence of time spent in <strong>New</strong> <strong>Zealand</strong> provided by a sponsor or sought by<br />
INZ.<br />
Note: Periods during which a residence class visa holder has been in <strong>New</strong> <strong>Zealand</strong> are<br />
calculated inclusive of both arrival and departure dates.<br />
Effective 29/11/2010
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R5 DETERMINING AN APPLICATION<br />
R5.1 Applications determined by INZ officers<br />
See also <strong>Immigration</strong> Act 2009 s 72<br />
a. <strong>Immigration</strong> officers must determine applications for residence class visas in accordance<br />
with:<br />
i the requirements of the <strong>Immigration</strong> Act 2009; and<br />
ii residence instructions applying at the time the application is made.<br />
b. Any discretion officers exercise must be in terms of the applicable residence instructions.<br />
R5.5 Evidential requirements<br />
Effective 29/11/2010<br />
See also <strong>Immigration</strong> (Visa, Entry Permission, and Related Matters) Regulations 2010, reg 5<br />
a. <strong>Immigration</strong> officers must be satisfied that the information an applicant submits complies<br />
with the evidential requirements set out in residence instructions.<br />
b. Even if an applicant meets the specific evidential requirements, an immigration officer may<br />
still decide that additional evidence is necessary.<br />
c. <strong>Immigration</strong> officers should use their discretion to decide what is sufficient evidence for<br />
rules and criteria that have no specific evidential requirements.<br />
R5.6 Age of applicant<br />
Effective 29/11/2010<br />
An applicant's age at the time an application is made is the age at which the applicant will be<br />
assessed under residence instructions unless otherwise specified in a particular provision within<br />
residence instructions.<br />
R5.10 Verification<br />
Effective 29/11/2010<br />
<strong>Immigration</strong> officers have a general obligation to take the steps that are necessary or<br />
appropriate to verify any documentation or information (see Z) relevant to any decision under<br />
residence instructions, whether or not a particular provision enables or obliges them to do so.<br />
R5.15 Explaining discrepancies in family details<br />
Effective 29/11/2010<br />
a. Under the principles of fairness and natural justice, applicants must be given an<br />
opportunity to explain any discrepancies in the details of their immediate family, if those<br />
discrepancies are materially relevant to the application.<br />
b. Applicants, or other relevant parties, may be required to provide the explanation in writing<br />
and/or at an interview, and if given at interview the explanation must be recorded in<br />
writing.<br />
c. If applicants or other relevant parties are required to provide the explanation in writing,<br />
they must be given a reasonable time in which to do so and must know what it is they are<br />
expected to explain.
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d. If, as the result of an explanation, the immigration officer is satisfied that the details<br />
provided by the applicant are correct, or that the applicant has genuinely misunderstood<br />
the requirements, the officer should continue to assess the application.<br />
R5.15.1 False or misleading information<br />
a. If an immigration officer has reasonable cause to believe that an applicant has:<br />
i supplied incorrect information; or<br />
ii failed to declare relevant family members in a deliberate attempt to mislead,<br />
the officer should consider declining the application under the character provisions of the<br />
Administration chapter (A5).<br />
b. If the application is declined on character grounds, the officer should continue to assess<br />
the application and, if the application fails to meet other applicable residence instructions<br />
requirements, also decline the application on those grounds.<br />
R5.18 Effect of provisions of the Prostitution Reform Act 2003<br />
Effective 29/11/2010<br />
No residence class visa may be granted in contravention of the Prostitution Reform Act 2003.<br />
That act provides that:<br />
a. No visa may be granted to a person on the basis that they:<br />
i Have provided, or intend to provide, commercial sexual services; or<br />
ii Have provided, or intend to act as an operator of a business of prostitution; or<br />
iii Have invested, or intends to invest, in a business of prostitution.<br />
b. If the holder of a resident visa is subject to any conditions under section 49(1) of the<br />
<strong>Immigration</strong> Act 2009, the condition is considered not to be met (for the purposes of the<br />
holder becoming liable for deportation) if the visa holder acts as an operator of, or invests<br />
in, a <strong>New</strong> <strong>Zealand</strong> business of prostitution.<br />
R5.20 Assessment of applications under nominated category<br />
Effective 29/11/2010<br />
a. <strong>Immigration</strong> officers need only assess applications under the category the principal<br />
applicant nominates.<br />
b. Officers are not obliged to seek further information to determine whether the principal<br />
applicant may be eligible under another category.<br />
c. However, officers should request further information to enable the application to be<br />
assessed under another category if:<br />
i an application does not meet the criteria for approval under the category in which it<br />
was made; and<br />
ii information contained in the application form or accompanying documents clearly<br />
indicates that the principal applicant may be eligible under that other category.<br />
Note: Resident visas can only be granted under the Skilled Migrant Category to a person who<br />
has been invited by an immigration officer to apply for a residence class visas under the Skilled<br />
Migrant Category.
INZ Operational Manual <strong>Residence</strong><br />
R5.20.1 Further information<br />
See also <strong>Immigration</strong> Act 2009 ss 93, 158<br />
a. Further information may be submitted at any time before a final decision is made on an<br />
application. <strong>Immigration</strong> officers must take into account any relevant information<br />
submitted by applicants before a final decision is made.<br />
b. <strong>Immigration</strong> officers should also take into account any relevant information held about<br />
previous applications.<br />
c. If applicants do not respond within the specified time to a request from an immigration<br />
officer for further information, evidence or documents, or an interview, the application<br />
may be assessed on the relevant information then available to INZ, unless it is reasonable<br />
to enquire further.<br />
d. Applicants must inform an immigration officer of any relevant fact, including any material<br />
change in circumstances that occurs after the application is made, if that fact or change in<br />
circumstances:<br />
i may affect the decision on the application; or<br />
ii may affect a decision to grant entry permission to the holder of a visa.<br />
e. Every person expressing an interest in obtaining an invitation to apply for a residence class<br />
visa under section 92 of the <strong>Immigration</strong> Act 2009 must inform an immigration officer of<br />
any relevant fact, including any change in circumstances that occurs after the expression<br />
of interest is notified, if that fact or change in circumstances:<br />
i may affect the decision to issue an invitation to apply for a residence class visa; or<br />
ii may affect a decision to grant a residence class visa as a consequence of the invitation<br />
to apply.<br />
f. A change in circumstances may relate to the applicant or another person included in the<br />
application, and may relate to any matter relevant to the applicable instructions.<br />
g. Failure to comply with the requirements of (d) or (e) above:<br />
i amounts to 'concealment of information' for the purposes of section 158 of the<br />
<strong>Immigration</strong> Act; and<br />
ii may lead to the holder of any visa granted being made liable for deportation.<br />
h. It is sufficient grounds for the Minister of <strong>Immigration</strong> or an immigration officer to decline<br />
to grant a visa to a person if the Minister or officer is satisfied that the person:<br />
i whether personally or through an agent, in expressing their interest in obtaining an<br />
invitation to apply for a residence class visa submitted false or misleading information,<br />
or withheld relevant information that was potentially prejudicial to the issue of the<br />
invitation; or<br />
ii did not ensure that an immigration officer was informed of any material change in<br />
circumstances between the time of expressing interest and the time of the person's<br />
application for the relevant visa; or<br />
iii whether personally or through an agent, in applying for the visa submitted false or<br />
misleading information or withheld relevant information that was potentially<br />
prejudicial to granting the visa; or<br />
iv did not ensure that an immigration officer was informed of any material change in<br />
circumstances between the time of making the application and the time of a decision<br />
on the application.
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R5.20.5 Potentially prejudicial information<br />
In accordance with the principles of fairness and natural justice set out in the Administration<br />
chapter (A1), applicants for a residence class visa will be given the opportunity to comment<br />
before a decision is made to decline to grant a visa on the basis of any potentially prejudicial<br />
information that they are not necessarily aware of.<br />
R5.20.10 Documenting decisions<br />
All immigration officers must observe the following procedures to ensure that decisions on<br />
applications for a residence class visa are properly documented:<br />
a. make all file records (particularly file notes and instructions) accurate, clear, complete and<br />
factual; and<br />
b. give all decisions on applications in writing to applicants (or their representatives); and<br />
c. state the full reasons for the decisions (without prejudicing any risk profiles); and<br />
d. if an applicant does not meet the criteria set out in the instructions on several grounds,<br />
the letter declining their application must state why the applicant fails on each count.<br />
R5.25 Reclaiming airfares and expenses<br />
Effective 29/11/2010<br />
a. If a person included in a residence class visa application has been previously removed or<br />
deported or repatriated from <strong>New</strong> <strong>Zealand</strong>, no visa may be granted to anyone included in<br />
the application until all expenses incurred by INZ in deporting or repatriating them are<br />
repaid.<br />
b. Any approval in principle letter (see R5.45) must contain the requirement that all costs be<br />
repaid and also show the amount to be repaid.<br />
R5.30 Approving an application<br />
Effective 29/11/2010<br />
Applications for a residence class visa must be approved if the immigration officer is satisfied<br />
that:<br />
a. the applicant has provided all evidence required by the applicable residence instructions,<br />
and any additional evidence requested by the immigration officer; and<br />
b. the applicant meets applicable residence instructions including the requirements of health<br />
and character.<br />
R5.30.1 Approving an application for a resident visa made at an immigration control<br />
area by holders of current Australian permanent residence visas, current Australian<br />
resident return visas or valid Australian passports<br />
a. People who hold current Australian permanent residence visas, current Australian resident<br />
return visas or valid Australian passports may be granted resident visas on arrival in <strong>New</strong><br />
<strong>Zealand</strong>, provided they have not been excluded under sections 15 or 16 of the<br />
<strong>Immigration</strong> Act 2009 (see A5.20)<br />
b. If sections 15 or 16 apply, a resident visa may be granted only in accordance with a<br />
special direction made under section 17 (see RA8).
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Note: A resident visa granted to an Australian passport holder will be an electronic record held<br />
by INZ. If an Australian passport holder requires evidence of their resident status in <strong>New</strong><br />
<strong>Zealand</strong>, they may apply for a confirmation of a residence class visa (R7).<br />
Effective 29/11/2010<br />
R5.35 Later application under one of the Family Categories by previous<br />
applicants<br />
An applicant for a residence class visa in <strong>New</strong> <strong>Zealand</strong> under one of the Family Categories<br />
must not be approved under those instructions if their application is based on their relationship<br />
to a <strong>New</strong> <strong>Zealand</strong> permanent resident, resident or citizen who originally obtained a residence<br />
class visa as the partner or dependent child(ren) of the applicant or the applicant's partner.<br />
R5.45 Approval in principle<br />
Effective 29/11/2010<br />
a. An application for a residence class visa is approved in principle at such time as an<br />
immigration officer is satisfied that all evidential and verification requirements necessary<br />
to demonstrate eligibility under the relevant instructions have been met with the exception<br />
of the payment of any ESOL tuition fee.<br />
b. The date of approval in principle is the date of the letter to the principal applicant or their<br />
agent advising that approval in principle has been given.<br />
c. If evidence that requirements have been met has not been submitted, or a fee or charge<br />
has not been paid within the period specified in the original letter advising of approval in<br />
principle, the application must be declined unless an immigration officer is satisfied that<br />
circumstances warrant extending that period.<br />
R5.45.1 Information received after approval in principle has been given<br />
In accordance with the principles of fairness and natural justice provided in the Administration<br />
chapter (A1), principal applicants must be given the opportunity to comment on the basis of<br />
any potentially prejudicial information that comes to light after approval in principle, before a<br />
final decision on their eligibility under residence instructions (including Health and Character<br />
requirements) is made.<br />
R5.50 Lapsing an application<br />
Effective 29/11/2010<br />
R5.50.1 Lapsing an application on the grounds that the applicant has failed to<br />
provide their travel document to INZ<br />
a. Unless paragraph (b) applies, an application will be considered to be lapsed, and must be<br />
declined, if a principal applicant has not provided their travel document to INZ for the<br />
grant of a residence class visa within 6 months from the date of advice that the application<br />
has met the requirements for approval.<br />
b. <strong>Immigration</strong> officers must consider any relevant circumstances in deciding whether or not<br />
to lapse and then decline an application, including but not limited to:<br />
i the death of a family member,<br />
ii illness,<br />
iii loss or theft of documentation,
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and they may, if appropriate, extend the 6-month period referred to in paragraph (a)<br />
above.<br />
c. Any application lapsed under this provision will not result in the refund of the application<br />
fee.<br />
R5.50.5 Lapsing an application on the grounds that the applicant has failed to<br />
deposit a migrant levy with INZ<br />
a. Unless paragraph (b) applies, an application will be considered to be lapsed, and must be<br />
declined, if a principal applicant has not deposited any applicable migrant levy (R5.90)<br />
with INZ within 6 months from the date of advice that the application has met the<br />
requirements for approval.<br />
b. <strong>Immigration</strong> officers must consider any relevant circumstances in deciding whether or not<br />
to lapse and then decline an application, including but not limited to:<br />
i the death of a family member,<br />
ii illness,<br />
iii unexpected financial hardship,<br />
and they may, if appropriate, extend the 6-month period referred to in paragraph (a)<br />
above.<br />
c. Any application lapsed under this provision will not result in the refund of the application<br />
fee.<br />
R5.55 Declining an application<br />
See previous instructions R5.55 Effective 29/11/2010<br />
Where an application is being declined because:<br />
Effective 29/11/2010<br />
a. it does not meet residence instructions or is lapsed under the provisions at R5.50, refer to<br />
R5.55.1 and R5.55.5.<br />
b. person included in the application is a person to whom sections 15 or 16 applies, refer to<br />
R5.55.15.<br />
R5.55.1 Declining an application where it does not meet residence instructions or is<br />
lapsed under the provisions at R5.50<br />
a. Applications that do not meet residence instructions and applications that are considered<br />
to be lapsed under the provisions at R5.50 must be declined.<br />
b. If an application is declined, immigration officers must notify the principal applicant in<br />
writing, informing the principal applicant:<br />
i of the reasons why the application has been declined (giving the points total, if<br />
appropriate), and<br />
ii of their right to appeal to the <strong>Immigration</strong> and Protection Tribunal and how they<br />
should lodge the appeal.<br />
Note: The form <strong>Immigration</strong> and Protection Tribunal - <strong>Residence</strong> Class Visa Appeal (Form 1) or a link to the form on the Ministry of Justice website must be<br />
included in the letter advising that the application has been declined.
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c. <strong>Immigration</strong> officers must record the date that any letter advising that the application has<br />
been declined is posted.<br />
R5.55.5 Right of Appeal to the <strong>Immigration</strong> and Protection Tribunal<br />
See also <strong>Immigration</strong> Act 2009 s 187<br />
a. Appeals must be lodged within 42 days after the date that an applicant is deemed to have<br />
received a letter advising that an application for a residence class visa has been declined.<br />
b. Appeals must be lodged on the form <strong>Immigration</strong> and Protection Tribunal - <strong>Residence</strong><br />
Class Visa Appeal (Form 1) which contains information on:<br />
i how to lodge an appeal,<br />
ii the required fee,<br />
iii how the time limit for lodging an appeal is calculated.<br />
Note: There is no right of appeal to the <strong>Immigration</strong> and Protection Tribunal for applicants who<br />
have been declined on the basis that sections 15 or 16 apply to them (see R5.55.15).<br />
R5.55.15 Declining an application where it includes a person to whom sections 15 or<br />
16 apply<br />
a. Pursuant to A5.20, any application including a person to whom sections 15 or 16 of the<br />
<strong>Immigration</strong> Act 2009 apply, must be declined unless covered by one of the exceptions<br />
identified at A5.20(a).<br />
b. If an application is declined, immigration officers must notify the principal applicant in<br />
writing, informing the principal applicant that the application has been declined as a<br />
person included in the application is prohibited by statute from entitlement or eligibility for<br />
the grant of a residence class visa by virtue of sections 15 or 16.<br />
Note: An application declined on this basis shall not be assessed under residence<br />
instructions.<br />
c. <strong>Immigration</strong> officers must record the date that any letter advising that the application has<br />
been declined, is posted.<br />
Note: An applicant to whom sections 15 or 16 apply who is included in an application<br />
declined on this basis has no right of appeal to the <strong>Immigration</strong> and Protection Tribunal, but<br />
other applicants included in that application to whom sections 15 or 16 do not apply, may<br />
appeal.<br />
R5.60 Date of final decision<br />
Effective 07/11/2011<br />
a. The date of final decision on an application that is declined is the date when the letter<br />
advising that the application has been declined, is posted.<br />
b. The date of final decision on an application that is approved is the date of grant of the<br />
residence class visa.<br />
R5.65 Approved applications for residence class visas<br />
Effective 29/11/2010<br />
a. Unless otherwise stated, an approved application for a residence class visa will result in<br />
the grant of a resident visa.
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b. The travel conditions to be granted on a resident visa are set out at R5.66.<br />
c. A permanent resident visa may be granted as a result of an approved application for a:<br />
i permanent resident visa, by a resident visa holder who meets the requirements set<br />
out in RV2;<br />
ii residence class visa under Partnership Category, by a person who meets the<br />
requirements set out F2.5.1;<br />
iii residence class visa under the Talent (Accredited Employer) Category, by a person<br />
who meets the requirements set out at RW2.1;<br />
iv residence class visa by a quota refugee, asylum seeker or protected person (S3.10)<br />
R5.65.1 Resident visas subject to conditions<br />
See also <strong>Immigration</strong> Act 2009 ss 49, 50, 55<br />
a. When a principal applicant is granted a resident visa subject to conditions, the resident<br />
visas of any accompanying partner and dependent child will be subject to the condition<br />
that "the principal applicant comply with the conditions of the principal applicant's visa".<br />
b. For applications based on partnership, or dependent child relationships, any applicant who<br />
is supported by a person whose resident visa is subject to conditions at the time the<br />
sponsorship was undertaken or support was given, will be granted a resident visa subject<br />
to the condition that "[name of supporter] comply with the requirements of [his or her]<br />
visa".<br />
R5.66 Travel conditions on resident visas<br />
See previous instructions R5.66 Effective 29/11/2010<br />
Effective 29/11/2010<br />
a. Unless a resident visa is granted at an immigration control area, all resident visas may be<br />
granted with travel conditions allowing:<br />
i first arrival by a certain date, if the applicant is offshore (unless the resident visa is a<br />
second or subsequent resident visa granted under RV4); and<br />
ii multiple entries current either for a set period from date of the initial grant of entry<br />
permission based on the resident visa, or until a certain date.<br />
b. The currency of these travel conditions are determined by the residence category under<br />
which the resident visa has been granted.<br />
R5.66.1 Travel conditions allowing first entry for applicants overseas when the<br />
resident visa is granted<br />
a. If an applicant is offshore at the time their application for a resident visa is granted, the<br />
following travel conditions must be granted to allow their first entry to <strong>New</strong> <strong>Zealand</strong> as a<br />
resident:<br />
i first entry within one year after the grant of the visa, unless the resident visa was<br />
granted under the Samoan Quota Scheme (see S1.10.55), or the Pacific Access<br />
Category (see S1.40.55); or<br />
ii first entry within three months after the grant of the visa, if the resident visa was<br />
granted under the Samoan Quota Scheme (see S1.10.55), or the Pacific Access<br />
Category (see S1.40.55).<br />
b. No variation to travel conditions pertaining to first entry may be granted.
INZ Operational Manual <strong>Residence</strong><br />
c. People with resident visas who fail to travel to <strong>New</strong> <strong>Zealand</strong> within the validity of their first<br />
travel condition must submit a further application for a residence class visa if they still<br />
wish to live in <strong>New</strong> <strong>Zealand</strong>.<br />
Note:<br />
~ In the case of applicants who wish to re-apply for a residence class visa under categories<br />
which require selection from a ballot (e.g. Samoan Quota, Pacific Access Category) such<br />
applicants must re-register for a ballot and submit a new application for a residence class<br />
visa if they are successful in such a ballot.<br />
~ Applicants who wish to re-apply for a residence class visa under categories which require<br />
an invitation to apply following selection from a pool (e.g. Skilled Migrant Category) must<br />
submit a new Expression of Interest and subsequently be invited to apply for residence.<br />
d. Any new residence class visa application must be lodged in the prescribed manner and will<br />
be assessed against residence instructions applying at the time the new application is<br />
made.<br />
e. Visas will be granted only if the applicant's travel document is current for the proposed<br />
currency of the initial travel conditions.<br />
R5.66.5 Travel conditions allowing multiple entries from the first day in <strong>New</strong> <strong>Zealand</strong><br />
as a resident<br />
a. A resident visa may be granted with travel conditions allowing multiple entries for two<br />
years from the applicant’s first day in <strong>New</strong> <strong>Zealand</strong> as a resident, unless the visa is<br />
granted under the Parent Category (F4). Visas granted under the Parent Category may be<br />
granted multiple entry travel conditions for five years from the applicant’s first day in <strong>New</strong><br />
<strong>Zealand</strong> as a resident (see F4.50).<br />
b. A person’s first day in <strong>New</strong> <strong>Zealand</strong> as a resident is either:<br />
i the day their resident visa is granted in <strong>New</strong> <strong>Zealand</strong>; or<br />
ii the day they are first granted entry permission on the basis of their resident visa, if<br />
they were outside of <strong>New</strong> <strong>Zealand</strong> when their resident visa was granted.<br />
c. If a resident visa holder fails to travel to <strong>New</strong> <strong>Zealand</strong> within the validity of their first entry<br />
travel condition, their multiple entry travel conditions never become valid.<br />
d. If the holder of a resident visa wishes to travel to <strong>New</strong> <strong>Zealand</strong> outside of the validity of<br />
their multiple entry travel conditions and they do not qualify for a permanent resident visa<br />
(see RV2), they may apply for a variation of their travel conditions (RV3).<br />
R5.66.10 Former <strong>New</strong> <strong>Zealand</strong> citizens deemed to hold a resident visa<br />
See also <strong>Immigration</strong> Act 2009 s 75<br />
a. Former <strong>New</strong> <strong>Zealand</strong> citizens who have renounced their <strong>New</strong> <strong>Zealand</strong> citizenship and are<br />
deemed to hold a resident visa under section 75 may be granted multiple entry travel<br />
conditions for two years from the date they renounced their citizenship.<br />
b. Former <strong>New</strong> <strong>Zealand</strong> citizens who have been deprived of their <strong>New</strong> <strong>Zealand</strong> citizenship are<br />
deemed to hold a resident visa under section 75 may be granted multiple entry travel<br />
conditions for the duration they would be eligible for if they applied for a variation of travel<br />
conditions (RV3).<br />
Effective 30/07/2012
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R5.70 <strong>New</strong>born children of residence class visa holders<br />
See previous instructions R5.70 Effective 29/11/2010<br />
a. Children born outside <strong>New</strong> <strong>Zealand</strong> to applicants who hold residence class visas but have<br />
not yet travelled to <strong>New</strong> <strong>Zealand</strong> on those visas, may be included in their parents'<br />
application, provided that the child's name is added to the application form and the<br />
following documents are submitted:<br />
i a full birth certificate; and<br />
ii 2 passport-sized photographs; and<br />
iii a completed General Medical Certificate (INZ 1007); and<br />
iv an acceptable travel document.<br />
b. <strong>New</strong>born children added to applications after residence class visas are granted to the rest<br />
of the family (with the exception of those applicants described at R5.90(a)), are subject to<br />
Migrant Levy instructions (see R5.90).<br />
Effective 30/07/2012<br />
R5.75 Status of people applying for a residence class visa while in <strong>New</strong><br />
<strong>Zealand</strong><br />
See also <strong>Immigration</strong> Act 2009 s 14<br />
The fact that a person has applied for a residence class visa while in <strong>New</strong> <strong>Zealand</strong> does not:<br />
a. make that person's presence in <strong>New</strong> <strong>Zealand</strong> lawful; or<br />
b. give that person the right to remain in <strong>New</strong> <strong>Zealand</strong> while the application is considered; or<br />
c. give that person the right to apply for or be granted any other visa while the application is<br />
considered; or<br />
d. prevent that person being deported from <strong>New</strong> <strong>Zealand</strong>.<br />
R5.80 Referring residence decisions to the Minister<br />
See also <strong>Immigration</strong> Act 2009 s 72<br />
Effective 29/11/2010<br />
No immigration officer may refer an application for a residence class visa to the Minister of<br />
<strong>Immigration</strong> for a decision in the first instance unless the Minister gives a special direction to<br />
do so (see RA7).
INZ Operational Manual <strong>Residence</strong><br />
Note: The effect of the Minister becoming personally involved in the decision in the first<br />
instance is to deprive the applicant of appeal rights except where the Minister relied on<br />
classified information to make that decision.<br />
R5.90 Migrant Levy<br />
See previous instructions R5.90 Effective 29/11/2010<br />
Effective 29/11/2010<br />
See also <strong>Immigration</strong> (Visa, Entry Permission, and Related Matters) Regulations 2010, regs 26,<br />
27 and 28<br />
a. Under residence instructions, all successful principal applicants and accompanying family<br />
members outside of an immigration control area must pay a migrant levy unless exempt.<br />
People are exempt from paying the migrant levy if a visa is granted:<br />
i to a person who has already paid the migrant levy;<br />
ii to a refugee or protected person, or on the basis of the person’s relationship with a<br />
refugee or protected person; or<br />
iii under the Samoan Quota Scheme or Special Samoan Quota Places Category, or to<br />
citizens of Samoa under the one of the Family Categories; or<br />
iv under the special instructions for Victims of Domestic Violence; or<br />
v under the Skilled Migrant Category if they have previously paid the migrant levy as a<br />
consequence of a decision made under the work to residence instructions (Skilled<br />
Migrant Category); or<br />
vi under the special instructions for Victims of People Trafficking.<br />
b. The migrant levy charge is NZ$310 for everyone five years of age and above for all<br />
residence categories, except for those approved under the Pacific Access Category.<br />
c. For those approved under Pacific Access Category and for children under five years in all<br />
categories, the migrant levy charge is NZ$155.<br />
d. The maximum total migrant levy payable per application is the sum of the amounts<br />
payable by the four oldest people included in the application.<br />
e. The migrant levy:<br />
i must be deposited before the grant of the relevant visa; and<br />
ii is determined at the date it is deposited; and<br />
iii is in addition to any other amount payable for any other visa; and<br />
iv may be subject to special direction by the Minister of <strong>Immigration</strong>.<br />
R5.90.1 Refunds of migrant levy<br />
a. If a migrant levy is deposited but the principal applicant and partner and dependent<br />
children included in the application do not enter <strong>New</strong> <strong>Zealand</strong> within the validity of their<br />
first entry travel condition (or in the case of a person eligible to be granted a visa as a<br />
consequence of a decision under the Work to <strong>Residence</strong> (Skilled Migrant Category)<br />
instructions that work visa is not granted), a refund may be granted upon request to INZ.<br />
The request must be made in writing.<br />
b. Requests made more than 6 months after the expiry date of the first entry travel<br />
condition, or made more than 6 months after advice from the INZ that a person is eligible
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to be granted a visa as a consequence of a decision made under the Work to <strong>Residence</strong><br />
(Skilled Migrant Category) instructions, must be declined.<br />
c. <strong>Immigration</strong> officers who have been delegated the authority to refund the levy (under<br />
section 395 of the <strong>Immigration</strong> Act 2009) must be satisfied that:<br />
i the principal applicant and partner and dependent children included in the application<br />
have not taken up residence; and<br />
ii their resident visas are no longer current; or<br />
iii (in the case of a person eligible to be granted a visa as a consequence of a decision<br />
made under the Work to <strong>Residence</strong> (Skilled Migrant Category) instruction) that the<br />
visa is not granted.)<br />
d. The person who paid the levy will be refunded the appropriate amount.<br />
Effective 25/07/2011<br />
R5.95 Character requirement for partners supporting Partnership Category<br />
applications<br />
See previous instructions R5.95 Effective 29/11/2010<br />
a. Any supporting partner who has been convicted, in the seven years prior to the date the<br />
application is made, of:<br />
i any offence involving domestic violence; or<br />
ii any offence of a sexual nature<br />
will not meet the character requirement for partners supporting Partnership Category<br />
applications, unless granted a character waiver (see R5.95.5 below).<br />
b. If the supporting partner does not meet the character requirement for partners supporting<br />
partnership application, the application may be declined.<br />
Note: For the purpose of these instructions, 'domestic violence' has the meaning set out in s.3<br />
of the Domestic Violence Act 1995.<br />
R5.95.1 Evidence that partners supporting Partnership Category applications meet<br />
the character requirement<br />
a. Character checks must be carried out for partners (aged 17 and over) supporting<br />
Partnership Category applications.<br />
b. The supporting partner character check consists of:<br />
i a <strong>New</strong> <strong>Zealand</strong> police certificate obtained by <strong>Immigration</strong> <strong>New</strong> <strong>Zealand</strong>; and<br />
ii a police or similar certificate, less than 6 months old, from any country in which the<br />
supporting partner has lived 12 months or more (whether on one visit or<br />
intermittently) in the last seven years.<br />
c. Where an application is submitted without the required police certificate(s), an<br />
immigration officer may nevertheless accept the application, and obtain any necessary<br />
clearances after acceptance, if a supporting partner requires a police certificate from a<br />
country:<br />
i that does not issue police certificates to individuals; or<br />
ii for which no instructions in respect of how to obtain a police certificate is available.
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d. If a police certificate is not available from a particular country, the supporting partner<br />
must provide a separate statutory declaration in both English and the supporting partner's<br />
first language, which must:<br />
i detail the supporting partner's attempts to obtain a police certificate; and<br />
ii state whether the supporting partner has been convicted, or found guilty of, or<br />
charged with any offences against the law of that country; and<br />
iii be corroborated by other information confirming the supporting partner's character.<br />
Notes:<br />
~ For full information on police certificates see A5.10.<br />
~ Instructions in respect of how to obtain police certificates from specific countries can be<br />
obtained from the INZ website at www.immigration.govt.nz/policecertificate.<br />
R5.95.5 Action<br />
a. <strong>Immigration</strong> officers must not automatically decline partnership applications on the basis<br />
that the supporting partner does not meet the character requirement for partners<br />
supporting partnership applications.<br />
b. Officers must consider the surrounding circumstances of the application to decide whether<br />
or not they are compelling enough to justify waiving the character requirement. The<br />
circumstances include but are not limited to the following factors as appropriate:<br />
i if applicable, the seriousness of the offence (generally indicated by the term of<br />
imprisonment or size of the fine); and/or<br />
ii whether there is more than one offence; and/or<br />
iii how long ago the relevant event occurred.<br />
c. Officers must make a decision only after they have considered all relevant factors,<br />
including (if applicable):<br />
i any advice from the National Office of INZ; and<br />
ii compliance with fairness and natural justice requirements (see A1).<br />
d. Officers must record:<br />
i their consideration of the surrounding circumstances, (see paragraph (b) above),<br />
noting all factors taken into account; and<br />
ii the reasons for their decision to waive or decline to waive the character requirement.<br />
e. Any decision to waive the character requirement for partners must be made by an officer<br />
with Schedule 1-3 delegations.<br />
Effective 04/04/2011<br />
R5.96 Health requirement for partners or dependent children not included in<br />
or withdrawn from a residence class visa application<br />
a. Applicants under one of the Family Categories who were eligible for inclusion but were not<br />
included in, or were withdrawn from, a residence class visa application made by their<br />
partner or parent must provide a General Medical Certificate (INZ 1007) with their<br />
application rather than a Limited Medical Certificate (INZ 1201).<br />
b. If an immigration officer determines that the applicant does not have an acceptable<br />
standard of health they will not be granted a medical waiver (see A4.60(b)) despite being
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the partner or dependent child of a <strong>New</strong> <strong>Zealand</strong> citizen or residence class visa holder (see<br />
A4.60(d)).<br />
Effective 30/07/2012<br />
R5.100 Ban on the grant of residence class visas to certain individuals and<br />
classes of individuals<br />
See previous instructions:<br />
R5.100 Effective 30/07/2011<br />
R5.100 Effective 29/11/2010<br />
R5.100.1 Ban on the grant of visas to leading members of the Government of the<br />
Federal Republic of Yugoslavia (FRY) including Serbia and their supporters<br />
a. <strong>New</strong> <strong>Zealand</strong> has taken action in respect of leading citizens of the FRY and Serbia, being<br />
persons closely aligned with the regime of Slobodan Milosevic whose activities support<br />
President Milosevic or whose actions are presumed to provide support (including members<br />
of his immediate family), and who are named on the lists of such persons held by INZ and<br />
updated from time to time.<br />
b. Ordinarily, none of the persons named on the lists held by INZ may be granted a visa to<br />
enter <strong>New</strong> <strong>Zealand</strong> (including a transit visa).<br />
c. Where special circumstances exist (supported by cogent and reliable evidence) INZ may<br />
nonetheless grant a visa to a person named on the lists.<br />
d. The decision to grant a visa to a person named on the lists is limited to immigration<br />
officers with Schedule 1-2 delegations (see A15.5).<br />
R5.100.5 Ban on the grant of visas to individuals named on the list held at Z8<br />
a. The <strong>New</strong> <strong>Zealand</strong> government wishes to take action in an immigration respect against<br />
individuals involved in the hostage taking in Fiji, the Ministers in Fiji's Interim Civilian<br />
Governments (ICGs) and officials clearly linked to George Speight who are named on the<br />
list approved by the Minister of <strong>Immigration</strong>, held by INZ and updated from time to time<br />
(see Z8).<br />
b. Ordinarily, none of the persons named on the list held by INZ may be granted a visa to<br />
<strong>New</strong> <strong>Zealand</strong> (including a transit visa).<br />
c. Where special circumstances exist (supported by cogent and reliable evidence) INZ may<br />
nonetheless grant a visa.<br />
d. The decision to grant a visa to a person named in the list is limited to immigration officers<br />
with Schedule 1-2 delegations (see A15.5).<br />
R5.100.10 Restriction on the grant of visas to Robert Mugabe, President of<br />
Zimbabwe, and his close associates<br />
a. Ordinarily, none of the persons named on the list held at Appendix 5 of the Operational<br />
Manual who:<br />
i have acted in, or are acting in the role specified; or<br />
ii are, or have been, close associates of Robert Mugabe, President of Zimbabwe, may be<br />
granted a visa to <strong>New</strong> <strong>Zealand</strong> (including a transit visa).
INZ Operational Manual <strong>Residence</strong><br />
b. Where special circumstances exist (supported by cogent and reliable evidence) INZ may<br />
nonetheless grant a visa to a person named on the list held at Appendix 5.<br />
c. The decision to grant a visa to a person named on the list held at Appendix 5 is limited to<br />
immigration officers with Schedule 1-2 delegations (see A15.5).<br />
R5.100.15 Ban on the grant of residence class visas to individuals associated with<br />
the December 2006 Fiji coup<br />
a. The <strong>New</strong> <strong>Zealand</strong> government wishes to take action in an immigration respect against:<br />
i all people who are (or were on 6 December 2006) members of the Republic of Fiji<br />
Military Force (RFMF); and<br />
ii those people associated with supporting the December 2006 Fiji coup who are named<br />
on the list approved by the Minister of <strong>Immigration</strong>, held by INZ and updated from<br />
time to time (see Z9); and<br />
iii close associates of those described in (ii) above who are named on the list approved<br />
by the Minister of <strong>Immigration</strong>, held by INZ and updated from time to time; and<br />
iv permanent secretaries of Fijian government departments; and<br />
v all persons who are appointed by the Fiji interim government to boards of statutory<br />
authorities and public enterprises who are named on the list approved by the Minister<br />
of <strong>Immigration</strong>, held by INZ and updated from time to time; and<br />
vi immediate family members of those described in (i), (ii), (iv) and (v) above.<br />
(Immediate family members are partners, children and children's partners.)<br />
Note: for the purposes of these instructions RFMF personnel includes members of the<br />
territorial force of the RFMF.<br />
b. None of the people described in (a) above may be granted a residence class visa.<br />
R5.100.20 Ban on the grant of visas to leading members of the Syrian regime<br />
a. <strong>New</strong> <strong>Zealand</strong> has taken action in respect of leading members of the regime in Syria, being<br />
persons closely aligned with the regime of President Bashar Hafez al-Assad, and who are<br />
named on the list of such persons held by INZ and updated from time to time.<br />
b. Ordinarily, none of the persons named on the list held by INZ may be granted a visa to<br />
enter <strong>New</strong> <strong>Zealand</strong> (including a transit visa).<br />
c. Where special circumstances exist (supported by cogent and reliable evidence and in<br />
consultation with MFAT) INZ may nonetheless grant a visa to a person named on the list.<br />
d. The decision to grant a visa to a person named on the list is limited to immigration officers<br />
with Schedule 1-2 delegations (see A15.5).<br />
Effective 06/05/2012
INZ Operational Manual <strong>Residence</strong><br />
R6 NEW ZEALAND RESIDENCE PROGRAMME<br />
R6.1 <strong>New</strong> <strong>Zealand</strong> <strong>Residence</strong> Programme<br />
See previous instructions R6.1 Effective 29/11/2010<br />
a. The <strong>New</strong> <strong>Zealand</strong> <strong>Residence</strong> Programme (NZRP) consists of all persons approved for<br />
residence class visas in the three years beginning 1 July 2011 and ending 30 June 2014.<br />
b. The NZRP is set for the duration of the three year period, unless a review is directed by<br />
the Minister of <strong>Immigration</strong>. Any changes will be advised by an amendment to these<br />
instructions.<br />
c. The NZRP for the three year period is 135,000 to 150,000 approved places.<br />
Note: Permanent resident visas granted to holders of resident visas or second or subsequent<br />
resident visas granted to former holders of resident visas are not counted towards the NZRP.<br />
Effective 01/07/2011<br />
R6.5 Allocation of places within the <strong>New</strong> <strong>Zealand</strong> <strong>Residence</strong> Programme<br />
See previous instructions R6.5 Effective 29/11/2010<br />
a. There are four streams within the <strong>New</strong> <strong>Zealand</strong> <strong>Residence</strong> Programme (NZRP):<br />
i The Skilled/Business stream;<br />
ii The Uncapped Family stream;<br />
iii The Capped Family stream;<br />
iv The International/Humanitarian stream.<br />
b. The Government may, from time to time, reallocate places for approvals within the four<br />
streams and/or add places to the four streams.<br />
c. The allocation of places within the NZRP for the Skilled/Business stream is approximately<br />
80,700 to 89,925 places across the three year period.<br />
d. The Uncapped Family stream does not have a cap on available places. However, for<br />
planning purposes the allocation of places within the NZRP is estimated to be<br />
approximately 29,700 to 32,100 places across the three year period. This stream includes<br />
partner and dependent child instructions.<br />
e. The allocation of places within the NZRP for the Capped Family stream is approximately<br />
14,850 to 16,500 places across the three year period. This stream includes the parent,<br />
and the sibling and adult child instructions.<br />
f. The allocation of places within the NZRP for the International /Humanitarian stream is<br />
approximately 9,750 to 11,475 places across the three year period.<br />
R6.10 Points systems<br />
Effective 01/07/2011<br />
Applications in the Skilled Migrant and Investor 2 Categories are assessed under a points<br />
system.
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R6.10.1 Investor 2 Category<br />
Expressions of Interest in being invited to apply for a resident visa under the Investor 2<br />
Category submitted in the prescribed manner may be entered into a Pool of Expressions of<br />
Interest (the Pool) if the person expressing interest:<br />
a. has confirmed that health and character requirements for entry to the Pool have been met<br />
because none of the people included in their Expression of Interest are people who:<br />
i are not of an acceptable standard of health and would not be granted a medical waiver<br />
(see A4.60); or<br />
ii are described in sections 15 or 16 of the <strong>Immigration</strong> Act 2009 (see A5.20); and<br />
b. have claimed points for a minimum overall band score of IELTS 3 for English language<br />
ability (see BJ5.35); and<br />
c. have confirmed that they are aged 65 years or younger (see BJ5.25); and<br />
d. have claimed points for a minimum of three years of business experience (see BJ5.30);<br />
and<br />
e. have claimed points for a minimum of NZ$1.5 million of investment funds (see BJ5.40);<br />
and<br />
f. have confirmed that they legally own NZ$1 million of settlement funds in addition to the<br />
$1.5 million investment funds (see BJ5.45).<br />
Notes:<br />
~ As Expressions of Interest are entered into the Pool they will be ranked on the basis of total<br />
points claimed for English language, age, business experience and investment funds in<br />
accordance with the Investor 1 Category. The ranking of Expressions of Interest relative to<br />
each other will change as Expressions of Interest enter, or are withdrawn from, the Pool.<br />
~ Expressions of Interest will be selected from the Pool according to their points ranking.<br />
R6.10.5 Skilled Migrant Category<br />
a. Expressions of Interest in being invited to apply for a resident visa under the Skilled<br />
Migrant Category can only be entered into the Pool of Expressions of Interest if the person<br />
expressing interest has claimed a minimum of 100 points for employability and capacity<br />
building factors and has met the other requirements of SM3.10.<br />
Note: A resident visa can only be granted under the Skilled Migrant Category following an<br />
invitation to apply under the Skilled Migrant Category.<br />
b. Expressions of Interest in the Skilled Migrant Category Pool are selected from that Pool<br />
periodically on the Government's behalf by the Department of Labour.<br />
c. Selections from the Pool after 21 December 2005 are made in the following manner:<br />
i Expressions of Interest that have total points of 140 or more are selected<br />
automatically from the Pool;<br />
ii Expressions of Interest that have total points of 100 or more but less than 140, and<br />
include points for offers of skilled employment or current skilled employment in <strong>New</strong><br />
<strong>Zealand</strong>, are selected (according to their points ranking) in sufficient numbers to meet<br />
the requirements of the Skilled/Business Stream of the <strong>New</strong> <strong>Zealand</strong> <strong>Residence</strong>
INZ Operational Manual <strong>Residence</strong><br />
Programme (NZRP) at the time of that selection (subject to any adjustment to the<br />
number or distribution of places in the NZRP determined by the Government).<br />
d. If, following the selection process set out at (c) above, further places are available in the<br />
Skilled/Business Stream of the NZRP at the time of that selection (subject to any<br />
adjustment to the number or distribution of places in the NZRP determined by the<br />
Government), additional Expressions of Interest may be selected from the Pool on the<br />
basis of criteria set from time to time by the Minister of <strong>Immigration</strong>, having regard to the<br />
objectives of the Skilled Migrant Category. Those criteria are specified at SM3.15.1.<br />
Effective 29/11/2010
INZ Operational Manual <strong>Residence</strong><br />
R7 CONFIRMING OR TRANSFERRING A RESIDENCE CLASS VISA<br />
R7.1 When confirmation is required<br />
People in <strong>New</strong> <strong>Zealand</strong> who hold, or are deemed to hold, a residence class visa may need to<br />
confirm their residence class visa if, for example:<br />
• they have lost their original passport and wish to have a residence class visa label<br />
placed in their new one; or<br />
• they are applying to the Department of Internal Affairs for <strong>New</strong> <strong>Zealand</strong> citizenship; or<br />
• they never obtained a visa or permit on arrival; or<br />
• they hold a permit granted under the <strong>Immigration</strong> Act 1964 or the <strong>Immigration</strong> Act<br />
1987.<br />
R7.1.1 Applicants who arrived before 2 April 1974<br />
See also <strong>Immigration</strong> Act 2009 s 415<br />
See also <strong>Immigration</strong> Act 1987 s 44<br />
Applicants who arrived lawfully before 2 April 1974 for the purpose of permanent residence<br />
and did not receive residence permits, and who need to satisfy an immigration officer that they<br />
are deemed to hold a resident visa under section 415 of the <strong>Immigration</strong> Act 2009, may have<br />
their resident visa confirmed if they:<br />
a. were not issued a permit or entry authority under the <strong>Immigration</strong> Act 1964 or any earlier<br />
corresponding Act; and<br />
b. have been in <strong>New</strong> <strong>Zealand</strong> continuously from 2 April 1974 and until at least 31 October<br />
1987, apart from any period or periods spent in:<br />
i the Cook Islands, Niue or Tokelau; or<br />
ii Australia (if during any such period they were Commonwealth citizens or citizens of<br />
the Republic of Ireland, and were able to live in either <strong>New</strong> <strong>Zealand</strong> or Australia<br />
without restriction); and<br />
c. were in <strong>New</strong> <strong>Zealand</strong> at midnight on 31 October 1987; and<br />
d. were not exempt under the <strong>Immigration</strong> Act 1987 from having to hold a residence permit.<br />
R7.5 When transfer is required<br />
Effective 29/11/2010<br />
People who hold, or are deemed to hold, a residence class visa may need to transfer their visa<br />
if the passport containing their visa is nearing or past the expiry date and they require<br />
evidence of their immigration status and/or right to re-enter <strong>New</strong> <strong>Zealand</strong> in a new passport.<br />
Effective 29/11/2010<br />
R7.10 Procedure for confirming or transferring a residence class visa<br />
See previous instructions R7.10 Effective 29/11/2010<br />
R7.10.1 Endorsement of residence status in passport or certificate of identity<br />
See also <strong>Immigration</strong> (Visa, Entry Permission, and Related Matters) Regulations 2010, reg 32<br />
a. Applicants applying to have their residence status endorsed in their passport or certificate<br />
of identity must make the application on the form Application for Transfer or Confirmation<br />
of a Visa (INZ 1023). The form must be given to an immigration officer together with:
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i the applicant’s passport or certificate of identity; and<br />
ii if applicable, any previous or expired passport or certificate of identity; and<br />
iii evidence that the applicant holds or is deemed to hold a residence class visa; and<br />
iv the appropriate fee (if any).<br />
b. If applicants cannot provide proof of lawful residence, immigration officers must establish<br />
whether there is a file for the applicant in INZ records, and if so, they must check the file.<br />
R7.10.5 Confirmation of residence status by letter.<br />
a. Applicants who wish to have confirmation of the date their residence was originally<br />
granted in the form of a letter must make a written request to the appropriate INZ<br />
receiving branch (Appendix 2).<br />
b. A letter confirming the date residence was originally granted must:<br />
i be on letterhead; and<br />
ii give the applicant's full name, date of birth and the date residence was granted; and<br />
iii be legibly signed and dated by an immigration officer; and<br />
iv be endorsed with the official seal of the INZ.<br />
Note: a copy should be retained on the applicant's file.<br />
R7.15 Evidence<br />
R7.15.1 Evidence required to confirm or transfer residence class visas<br />
Acceptable evidence for a confirmation of residence class visa may include:<br />
Effective 26/03/2012<br />
a. any previous or expired passport or certificate of identity containing a residence class visa,<br />
b. the passport containing the original residence class visa, permit or other entry authority<br />
applying at the time of entry; or<br />
c. for the purpose of R7.1.1, documents showing continued residence since before 2 April<br />
1974, which may include but are not limited to:<br />
i rates demands,<br />
ii driver's licenses,<br />
iii receipted power bills,<br />
iv income tax returns,<br />
v school records,<br />
vi employment references,<br />
vii any other evidence requested by INZ.<br />
Effective 29/11/2010
INZ Operational Manual <strong>Residence</strong><br />
R8 SPECIAL CASES<br />
R8.1 Granting a visa under section 61<br />
See previous instructions R8.1 Effective 29/11/2010<br />
See also <strong>Immigration</strong> Act 2009 ss 11, 20, 61<br />
a. The Minister may at any time grant any type of visa to a person who is:<br />
i unlawfully in <strong>New</strong> <strong>Zealand</strong>; and<br />
ii not a person in respect of whom a deportation order is in force.<br />
b. The Minister's power to grant a visa in a special case has been delegated to officers with<br />
Schedule 3 delegations or above.<br />
c. As the grant of a visa under section 61 is a matter of absolute discretion, no person has<br />
the right to apply for a visa under section 61, and if a person purports to make such an<br />
application by requesting the grant of a visa under section 61:<br />
i the Minister or appropriate immigration officer is not obliged to consider the purported<br />
application; and<br />
ii the Minister or appropriate immigration officer is not obliged to make further enquiries<br />
or inquire into the circumstances of the person or any other person, and<br />
iii whether a purported application is considered or not, the Minister or immigration<br />
officer is not obliged to give reasons for any decision on it, other than that section 11<br />
applies; and<br />
iv section 23 of the Official Information Act 1982 and section 27 of the <strong>Immigration</strong> Act<br />
2009 (concerning the right of access to reasons for decisions) do not apply.<br />
Effective: 26/03/2012
BUSINESS<br />
IN THIS SECTION<br />
BA Business <strong>Immigration</strong> Instructions ....................................... 10-1<br />
BC Long Term Business Category ............................................. 11-1<br />
BE Employees of Relocating Businesses Category........................ 12-1<br />
BF English language requirements ............................................ 13-1<br />
BH Entrepreneur Category ...................................................... 14-1<br />
BJ Migrant Investment Categories ............................................ 15-1<br />
BL Entrepreneur Plus Category ................................................ 16-1
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BA BUSINESS IMMIGRATION INSTRUCTIONS<br />
BA1 Objective<br />
The objective of the Business <strong>Immigration</strong> Instructions is to contribute to economic growth<br />
through:<br />
a. increasing <strong>New</strong> <strong>Zealand</strong>'s level of human capital;<br />
b. encouraging enterprise and innovation; and<br />
c. fostering external links.<br />
BA2 Categories<br />
Effective 29/11/2010<br />
Business <strong>Immigration</strong> Instructions consist of residence class and temporary entry class<br />
categories.<br />
BA2.1 <strong>Residence</strong> class categories<br />
The following business immigration categories are part of residence instructions:<br />
• Entrepreneur Category (see BH)<br />
• Employees of Relocating Businesses Category (see BE)<br />
• Migrant Investment Categories (see BJ)<br />
• Investor 1 Category (see BJ3)<br />
• Investor 2 Category (see BJ4 – BJ5)<br />
BA2.1.1 Generic provisions<br />
Effective 29/11/2010<br />
The residence class categories have generic provisions covering the following matters:<br />
• English language requirements (see BF)<br />
• Payment of migrant levy (see R5.90)
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• Health and character requirements (see A4 and A5)<br />
BA2.5 Temporary class category<br />
Effective 29/11/2010<br />
The temporary class category of the business immigration instructions is the Long Term<br />
Business Category (see BC). This is a special category of work visa, to which the generic<br />
elements of work visa instructions apply, in addition to the generic English language provisions<br />
that apply to the residence categories of business immigration instructions. Persons who are<br />
granted a work visa under the Long Term Business Category will have the opportunity to apply<br />
for residence, including under the Entrepreneur Category. Such persons will need to meet the<br />
relevant residence category requirements applying at the time that their residence class visa<br />
application is made. Such residence category requirements may differ from those that applied<br />
at the time that the person's Long Term Business Category application was made or at the<br />
time of the grant of the work visa under the Long Term Business Category.<br />
Effective 29/11/2010<br />
BA2.10 Requirement for business immigration category applicants to<br />
participate in an evaluation process<br />
Applicants under all business immigration categories must agree to participate in an evaluation<br />
of the category under which they were approved for a period of up to 5 years after approval.<br />
BA3 Streamlining<br />
See previous instructions BA3 Effective 29/11/2010<br />
Effective 29/11/2010<br />
a. Applications under business immigration instructions will be given priority processing.<br />
b. Applications under business immigration instructions are to be determined only by<br />
immigration officers known as business immigration specialists.<br />
c. Despite (b) above, applications under the Investor Category may be determined by<br />
immigration officers other than business immigration specialists where this is directed by<br />
the General Manager, Visa Services, <strong>Immigration</strong> <strong>New</strong> <strong>Zealand</strong> (INZ).<br />
d. INZ Branch Managers will provide liaison services for the business immigration specialists<br />
to facilitate contact with applicants and the processing of business immigration<br />
applications.<br />
Effective 05/04/2011
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BC LONG TERM BUSINESS CATEGORY<br />
BC1 Objective<br />
This category caters for business people who are interested in establishing a business in <strong>New</strong><br />
<strong>Zealand</strong>:<br />
a. without living permanently in <strong>New</strong> <strong>Zealand</strong>; or<br />
b. with the intention of better enabling themselves to meet the relevant criteria for residence<br />
under the Entrepreneur Category.<br />
BC2 Special category of work visa<br />
See previous instructions BC2 Effective 29/11/2010<br />
Effective 29/11/2010<br />
a. Long Term Business visas are a category of temporary entry class visa allowing selfemployment<br />
in <strong>New</strong> <strong>Zealand</strong>.<br />
b. Successful applicants will be granted work visas for periods of up to three years.<br />
BC2.1 Definition of self-employment<br />
Effective 07/02/2011<br />
a. Self-employment is lawful active involvement in the management and operating of a<br />
business in <strong>New</strong> <strong>Zealand</strong> which the principal applicant has established or purchased, or in<br />
which the principal applicant has made a substantial investment (see (b) below).<br />
b. Substantial investment is defined as the purchase of 25% or more of the shareholding of a<br />
business.<br />
c. For the avoidance of doubt, self-employment does not include involvement of a passive or<br />
speculative nature.<br />
BC2.5 Applicants must not seek welfare assistance<br />
Effective 29/11/2010<br />
The principal applicant and any partner or dependent child must not apply for and be granted<br />
welfare assistance under the Social Security Act 1964 while in <strong>New</strong> <strong>Zealand</strong> during the<br />
currency of their temporary visas.<br />
BC3 Summary of requirements<br />
See previous instructions:<br />
BC3 Effective 07/02/2011<br />
BC3 Effective 29/11/2010<br />
BC3 Summary of requirements<br />
A principal applicant for a Long Term Business Visa must:<br />
Effective 29/11/2010<br />
a. have completed a business plan that meets the requirements of BC4.5 for their business<br />
proposal; and<br />
b. have business experience relevant to their business proposal; and
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c. not have been involved in bankruptcy or business failure within the 5 years preceding the<br />
date their application was made; and<br />
d. not have been involved in business fraud or financial impropriety; and<br />
e. have obtained professional or occupational registration in <strong>New</strong> <strong>Zealand</strong> if registration is<br />
required for operating the proposed business; and<br />
f. have, in addition to investment capital, sufficient funds (see BC6.1) for their maintenance<br />
and accommodation and that of any partner and/or dependent children who are applying<br />
for temporary visas to accompany the principal applicant to <strong>New</strong> <strong>Zealand</strong>; and<br />
g. meet health and character requirements for residence as set out at A4 and A5.15 to<br />
A5.25; and<br />
h. meet the minimum standard of English (see BF); and<br />
i. aside from the health and character requirements set out in (g) above, applicants must<br />
meet all other requirements under Generic Temporary Entry Instructions; and<br />
j. satisfy a business immigration specialist that they are genuinely interested in establishing<br />
the business in <strong>New</strong> <strong>Zealand</strong>.<br />
BC3.1 Unacceptable Risk<br />
a. INZ will decline an application for a Long Term Business Visa where it considers the grant<br />
of the visa would create unacceptable risks to the integrity of <strong>New</strong> <strong>Zealand</strong>’s immigration<br />
or employment laws or policies.<br />
b. Offering business opportunities to meet the requirements of a Long Term Business Visa<br />
application by persons whose main business is the facilitation of entry to <strong>New</strong> <strong>Zealand</strong> of<br />
non-<strong>New</strong> <strong>Zealand</strong> citizens and residence class visa holders potentially creates an<br />
unacceptable risk to the integrity of <strong>New</strong> <strong>Zealand</strong>’s immigration laws and policies.<br />
Therefore, applications for Long Term Business Visas based on such business opportunities<br />
will not be approved.<br />
BC4 Business plan<br />
BC4.1 Definition of a business plan<br />
Effective: 20/03/2012<br />
A business plan is a plan to establish a specific business in <strong>New</strong> <strong>Zealand</strong>, which contains<br />
information as set out in the business plan form, and is supported by appropriate<br />
documentation.<br />
BC4.5 Requirements for a business plan<br />
Business plans must:<br />
a. be no more than 3 months old on the date the application is made; and<br />
Effective 29/11/2010<br />
b. include satisfactory evidence that the principal applicant has access to sufficient capital to<br />
finance their business proposal; and<br />
c. include realistic financial forecasts; and
INZ Operational Manual <strong>Residence</strong><br />
d. include evidence to satisfy a business immigration specialist that the principal applicant<br />
has business experience that is relevant to their business proposal; and<br />
e. demonstrate to the satisfaction of a business immigration specialist the principal<br />
applicant's knowledge about the proposed business and the <strong>New</strong> <strong>Zealand</strong> business<br />
environment; and<br />
f. include information about how the proposed business will benefit <strong>New</strong> <strong>Zealand</strong>; and<br />
g. include sufficient supporting documentation (including the documentation listed from<br />
section C of the business plan form onwards).<br />
BC4.10 Assessment of a business plan<br />
Effective 29/11/2010<br />
a. In assessing a business plan, a business immigration specialist will consider the credibility<br />
of the information provided and whether the business will benefit <strong>New</strong> <strong>Zealand</strong>.<br />
b. INZ may submit any business plan to an independent person or persons for vetting. They<br />
will offer an independent assessment and advice, which will be considered by a business<br />
immigration specialist in making a decision.<br />
BC4.15 Criteria for a business benefiting <strong>New</strong> <strong>Zealand</strong><br />
Effective 29/11/2010<br />
a. A business may be considered to benefit <strong>New</strong> <strong>Zealand</strong> if it promotes <strong>New</strong> <strong>Zealand</strong>'s<br />
economic growth through, for example:<br />
i introducing new, or enhancing existing, technology, management or technical skills; or<br />
ii introducing new, or enhancing existing, products or services; or<br />
iii creating new, or expanding existing, export markets; or<br />
iv creating employment for a <strong>New</strong> <strong>Zealand</strong> citizen or resident; or<br />
v revitalising an existing business; and<br />
b. in the opinion of a business immigration specialist it appears likely that the business will<br />
be trading profitably at the time any subsequent application under the Entrepreneur<br />
Category is made, or clearly has the potential to be trading profitably within 12 months<br />
after the application is made.<br />
Note: For the purposes of these instructions, the employment of non <strong>New</strong> <strong>Zealand</strong> citizens or<br />
residents is not considered an acceptable example of a business benefiting <strong>New</strong> <strong>Zealand</strong>.<br />
BC4.20 Verification of a business plan<br />
Effective 29/11/2010<br />
a. A business immigration specialist must be satisfied that documents provided in support of<br />
the business plan are genuine and accurate, and they may take any steps they determine<br />
necessary to verify such documents and the information they contain.
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b. A business immigration specialist may interview, or ask another branch of INZ to<br />
interview, the principal applicant in order to determine whether or not the information<br />
contained in the business plan is genuine and accurate.<br />
Effective 29/11/2010<br />
BC5 Principal applicant's genuine interest in establishing a business in <strong>New</strong><br />
<strong>Zealand</strong><br />
A business immigration specialist must be satisfied that the principal applicant is genuinely<br />
interested in establishing the business in <strong>New</strong> <strong>Zealand</strong>, and will abide by the conditions of the<br />
visa.<br />
BC6 Funds for maintenance and accommodation<br />
Effective 29/11/2010<br />
The business immigration specialist must be satisfied that the principal applicant has, in<br />
addition to their investment capital, access to sufficient funds or assets to provide for their own<br />
maintenance and accommodation, and that of any partner and dependants included in the<br />
application, for the duration of the visa.<br />
BC6.1 Evidence of funds for maintenance and accommodation<br />
Evidence of sufficient funds may include, but is not limited to:<br />
Effective 29/11/2010<br />
• sufficient cash; or<br />
• <strong>New</strong> <strong>Zealand</strong> bank accounts showing a sufficient current balance; or<br />
• sufficient travellers' cheques; or<br />
• sufficient bank drafts; or<br />
• recognised credit cards with sufficient credit available.<br />
Effective 29/11/2010<br />
BC7 Evidence of meeting English language requirements<br />
Principal applicants in the Long Term Business Category must meet a minimum standard of<br />
English (see BF2).<br />
BC8 Business immigration specialist's discretion<br />
Effective 29/11/2010<br />
If an application fails to meet the criteria set out in instructions, business immigration<br />
specialists must weigh up all the circumstances of the case to see whether an exception to<br />
instructions is justified. In doing this, they will take into account any circumstance that would<br />
warrant an exception.<br />
BC9 Validity of work visas and grant of further work visas<br />
Effective 29/11/2010<br />
a. Successful principal applicants under this category will be granted a 9 month work visa to<br />
allow them to establish and commence the operation of the proposed business in <strong>New</strong><br />
<strong>Zealand</strong>.
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b. A further work visa may be granted for the balance of the 3 year period (i.e. 27 months) if<br />
the principal applicant applies within the validity of their current work visa and a business<br />
immigration specialist is satisfied that:<br />
i the investment capital for the proposed business, as stated in the business plan, has<br />
been transferred direct from the principal applicant's bank account(s) through the<br />
banking system to <strong>New</strong> <strong>Zealand</strong>; and<br />
ii reasonable steps have been taken to establish or invest in the business as set out in<br />
the business plan.<br />
c. In cases where a business immigration specialist is not satisfied that the requirements of<br />
BC9(b)(ii) have been met, but that the applicant may be able to meet these requirements<br />
within a specified time, a further work visa may be granted for a period of less than 27<br />
months to allow the principal applicant to take further steps to establish and operate the<br />
business. To be granted a further work visa at the expiry of that second period, the<br />
principal applicant must demonstrate that they meet the requirements in BC9(b)(ii) above.<br />
Effective 29/11/2010<br />
BC9.1 Evidence of reasonable steps taken to establish and operate a business<br />
a. Evidence of transferring investment capital to <strong>New</strong> <strong>Zealand</strong> through the banking system<br />
may include but is not limited to:<br />
i telegraphic transfer forms<br />
ii other documents, evidence and information the business immigration specialist<br />
considers may demonstrate the transfer of investment capital to <strong>New</strong> <strong>Zealand</strong> through<br />
the banking system.<br />
b. Evidence of reasonable steps taken to establish and operate a business may include but is<br />
not limited to:<br />
i documents evidencing the constitution of the business (e.g. certificate of<br />
incorporation)<br />
ii audited accounts<br />
iii GST records<br />
iv other tax records<br />
v property purchase or lease documents relating to the business' site<br />
vi invoices for business equipment and supplies<br />
vii other documents, evidence and information a business immigration specialist<br />
considers may demonstrate reasonable steps taken to establish or invest in a business<br />
(e.g. employment agreements, bank statements, utility company invoices).<br />
BC9.5 Conditions specified on visas<br />
Effective 29/11/2010<br />
a. The conditions specified on the visa will include the following conditions relating to work:<br />
• As: Self-employed<br />
• For: (proposed business type)<br />
• At: (proposed location)
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b. The travel conditions on the visa will give permission to travel to <strong>New</strong> <strong>Zealand</strong> on multiple<br />
journeys.<br />
BC10 Changing a business proposal<br />
Effective 29/11/2010<br />
If the holder of a work visa granted under the Long Term Business Category wishes to change<br />
their business proposal within the validity of their visa they must apply to a business<br />
immigration specialist for a variation of conditions. A variation of conditions may be granted if<br />
a business immigration specialist is satisfied that:<br />
a. there are genuine reasons for abandoning the original business proposal; and<br />
b. there is a plan for the proposed new business that meets the requirements for a business<br />
plan as set out in BC4.5; and<br />
c. the new business proposal requires the same or a greater level of capital investment than<br />
the original business proposal; and<br />
d. the applicant has access to sufficient capital to finance the proposed new business; and<br />
e. the applicant has business experience relevant to the proposed new business.<br />
Note: A visa holder may be made liable for deportation where they are undertaking business<br />
activities which breach the conditions of their visa.<br />
Effective 29/11/2010<br />
BC10.1 Process for accepting or refusing a change to a business proposal<br />
a. A business immigration specialist must consider whether the requirements listed in BC10<br />
have been met. If consent is given to change the business proposal then the conditions of<br />
the work visa may be varied to reflect the new proposal.<br />
b. If the requirements listed in BC10 have not been met, the business immigration specialist<br />
must weigh up all the circumstances of the case to see whether an exception to<br />
instructions is justified. In doing this, they will take into account any circumstance that<br />
would warrant an exception.<br />
c. If the request to change a business proposal is refused:<br />
i then the principal applicant must be offered the option of continuing with their original<br />
business proposal; and<br />
ii if the principal applicant does not continue with the original business proposal they<br />
may be made liable for deportation.<br />
BC10.5 Grant of further work visas beyond three years<br />
Effective 29/11/2010<br />
a. Further work visas may be granted beyond the initial 3 year period (for periods not<br />
exceeding 3 years) where a business immigration specialist is satisfied that there are valid<br />
reasons for the principal applicant needing a further visa to meet the requirements for<br />
Entrepreneur Category.<br />
b. If the principal applicant is seeking a further visa for a period beyond the initial 3 years on<br />
the basis of a new business proposal (not being a new business proposal for which consent
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has been given under BC10.1), a business immigration specialist may require that a new<br />
application be lodged.<br />
c. Further work visas will be granted only where a business immigration specialist is satisfied<br />
that:<br />
i any time in <strong>New</strong> <strong>Zealand</strong> has been spent setting up and operating the original<br />
business proposal; or<br />
ii where there was a change to the original business proposal, consent was granted for<br />
that change by a business immigration specialist; and<br />
iii that the principal applicant and any family member accompanying them have not<br />
drawn on the <strong>New</strong> <strong>Zealand</strong> welfare system; and<br />
iv that the principal applicant intends to spend the further period in <strong>New</strong> <strong>Zealand</strong> either<br />
implementing the original business proposed or a subsequent business proposal for<br />
which a business immigration specialist has given consent; and<br />
v that the principal applicant has, in addition to investment capital, access to sufficient<br />
funds for their own maintenance and accommodation and that of any partner or<br />
dependent child accompanying them; and<br />
vi that they meet health and character requirements (see A4 and A5).<br />
BC10.10 Process for grant of further work visas<br />
a. A business immigration specialist determines whether:<br />
i there has been a change in the original business proposal; and<br />
ii a further business plan is required; and<br />
Effective 29/11/2010<br />
iii there has been a change in circumstances that may affect the level of funds required<br />
for maintenance and accommodation; and<br />
iv the principal applicant or any family member accompanying them has not drawn on<br />
the social welfare system.<br />
b. If an application fails to meet instructions, business immigration specialists must weigh up<br />
all the circumstances of the case to see whether an exception to instructions is justified. In<br />
doing this, they will take into account any circumstance that would warrant an exception.<br />
Effective 29/11/2010
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BE EMPLOYEES OF RELOCATING BUSINESSES CATEGORY<br />
BE1 Objective<br />
a. The objective of the Employees of Relocating Businesses Category is to assist in promoting<br />
<strong>New</strong> <strong>Zealand</strong> as a place in which to invest and locate business.<br />
b. This category facilitates the granting of residence to employees of businesses relocating to<br />
<strong>New</strong> <strong>Zealand</strong>, who do not qualify for residence under any existing categories.<br />
BE2 Summary of requirements<br />
Effective 29/11/2010<br />
The following considerations normally apply, but applications are decided on a case by case<br />
basis.<br />
BE2.1 Employee of a relocating business<br />
Effective 29/11/2010<br />
Principal applicants in the Employees of Relocating Businesses Category are required to<br />
demonstrate that:<br />
a. they are an employee of a relocating business and that they are a key employee; and<br />
b. the relocation of the business is supported by <strong>New</strong> <strong>Zealand</strong> Trade and Enterprise.<br />
Note: An <strong>Immigration</strong> <strong>New</strong> <strong>Zealand</strong> business immigration specialist will consult with <strong>New</strong><br />
<strong>Zealand</strong> Trade and Enterprise to determine their support for the relocation of the business (see<br />
BE3.1(c)).<br />
BE2.5 Ineligibility for approval under any other category<br />
Effective 29/11/2010<br />
A business immigration specialist must be satisfied that the principal applicant in the<br />
Employees of Relocating Businesses Category is not eligible for approval under any of the<br />
other categories of residence instructions.<br />
BE2.10 Compliance with employment and immigration law<br />
Effective 29/11/2010<br />
Businesses relocated to <strong>New</strong> <strong>Zealand</strong> must comply with all relevant employment and<br />
immigration law in force in <strong>New</strong> <strong>Zealand</strong>. Compliance with relevant <strong>New</strong> <strong>Zealand</strong> employment<br />
and immigration law includes but is not limited to:<br />
a. paying employees no less than the appropriate minimum wage rate or other contracted<br />
industry standard; and<br />
b. meeting holiday and special leave requirements or other minimum statutory criteria, e.g.<br />
occupational safety and health obligations; and
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c. only employing people who have authority to undertake that work under the <strong>Immigration</strong><br />
Act 2009.<br />
BE2.15 English language requirements<br />
Effective 29/11/2010<br />
Principal applicants in the Employees of Relocating Businesses category must meet the English<br />
language requirements (see BE5.1).<br />
Any partner or dependent children aged 16 years and over who are included in the application<br />
must meet a minimum standard of English or, where instructions allow, pre-purchase of ESOL<br />
tuition (see BF1.1).<br />
BE2.20 Payment of migrant levy<br />
Effective 29/11/2010<br />
Applicants approved under the Employees of Relocating Businesses Category are required to<br />
pay a migrant levy (see R5.90).<br />
BE3 Evidential requirements<br />
BE3.1 Evidence concerning the relocating business<br />
Effective 29/11/2010<br />
a. The principal applicant must provide a statement from the CEO of the relocating business<br />
that:<br />
i gives the name and location of the business intending to relocate to <strong>New</strong> <strong>Zealand</strong>; and<br />
ii explains why the business is relocating and how that will benefit <strong>New</strong> <strong>Zealand</strong>; and<br />
iii confirms that the business will comply with all relevant employment and immigration<br />
law in force in <strong>New</strong> <strong>Zealand</strong>.<br />
b. The principal applicant must provide evidence of the business operation. This may include,<br />
but is not limited to, original or certified copies of the following documents:<br />
i business registration<br />
ii company accounts or tax returns<br />
iii other documents, evidence and information the business immigration specialist<br />
considers necessary to determine the application.<br />
c. The business immigration specialist will consult with <strong>New</strong> <strong>Zealand</strong> Trade and Enterprise to<br />
determine their support for the relocation of the business.<br />
BE3.1.1 Criteria for a business benefiting <strong>New</strong> <strong>Zealand</strong><br />
a. A business will be considered to benefit <strong>New</strong> <strong>Zealand</strong> if a business immigration specialist is<br />
satisfied that it promotes <strong>New</strong> <strong>Zealand</strong>'s economic growth by for example:<br />
i introducing new, or enhancing existing, technology, management or technical skills; or<br />
ii introducing new, or enhancing existing, products or services; or<br />
iii creating new or expanding existing export markets; or<br />
iv creating employment (other than for the principal applicant);
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b. and the business is trading profitably at the time the application is made or a business<br />
immigration specialist is satisfied that it has the potential to be trading profitably within 12<br />
months after relocating.<br />
Effective 29/11/2010<br />
BE3.5 Evidence concerning the employee's role in the relocating business<br />
a. The principal applicant must provide a statement from the CEO of the relocating business<br />
that:<br />
i describes the current role of the employee in the business, and the employee's<br />
intended role in the relocated business; and<br />
ii explains why the employee is reasonably considered to be a key staff member.<br />
b. The principal applicant must provide evidence of their role in the relocating business. The<br />
evidence may include, but is not limited to, original or certified copies of the following<br />
documents:<br />
i references from employers;<br />
on company letterhead; and<br />
stating the occupation and dates of employment; and<br />
giving the contact phone number and address of the employer<br />
ii letters of appointment;<br />
iii certificates of service;<br />
iv pay slips;<br />
v job specifications;<br />
vi tax records;<br />
vii job assessments;<br />
viii other documents, evidence and information the business immigration specialist<br />
considers necessary to determine the application.<br />
Effective 29/11/2010<br />
BE4 Process<br />
a. The business immigration specialist must be satisfied that documents provided as evidence<br />
are genuine and accurate, and they may take any steps they determine necessary to<br />
verify such documents and the information they contain.<br />
b. In considering the application, the business immigration specialist should liaise with the<br />
appropriate office of <strong>New</strong> <strong>Zealand</strong> Trade and Enterprise and may also consult the<br />
appropriate INZ branch/es.<br />
c. In assessing the application, the business immigration specialist must check that claims of<br />
non-eligibility under other categories of residence instructions are plausible, and that the<br />
other criteria set out in instructions are met.<br />
Effective 29/11/2010<br />
BE5 General rules for approval in principle and relocation of business<br />
Principal applicants who meet the criteria of the Employees of Relocating Businesses category<br />
will be advised that:<br />
a. their application has been approved in principle; and
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b. resident visas may be granted once the following requirements have been met:<br />
i the principal applicant provides acceptable evidence that the business has relocated to<br />
<strong>New</strong> <strong>Zealand</strong>; and<br />
ii the principal applicant provides the <strong>New</strong> <strong>Zealand</strong> address at which the business<br />
operates; and<br />
iii the principal applicant pays any applicable migrant levy; and<br />
iv the principal applicant submits evidence that they and any partner or dependent<br />
children aged 16 or over meets the English language requirements (see BE5.1 and<br />
BF1.1); and<br />
c. resident visas will be granted subject to conditions under section 49(1) of the <strong>Immigration</strong><br />
Act 2009<br />
BE5.1 English language requirements<br />
See previous instructions BE5.1 Effective 29/11/2010<br />
Effective 29/11/2010<br />
a. Principal applicants who lodge applications under the Employees of Relocating Businesses<br />
category meet the minimum standards of English for that category if:<br />
i they provide a certificate (no more than 2 years old at the time the application is<br />
lodged) from the International English Language Testing System (IELTS), which shows<br />
an overall band score of 4 or more in the IELTS General or Academic Module; or<br />
ii they provide evidence that they have an English-speaking background (see BF2.1)<br />
which is accepted by a business immigration specialist as meeting the minimum<br />
standard of English; or<br />
iii they provide other evidence which satisfies a business immigration specialist that,<br />
taking account of that evidence and all the circumstances of the application, the<br />
person meets the minimum standard of English (see BF2.5).<br />
b. In any case under (a) (ii) or (iii), a business immigration specialist may require an<br />
applicant to provide an IELTS certificate in terms of paragraph (a)(i). In such cases, the<br />
IELTS certificate will be used to determine whether the applicant meets the minimum<br />
standard of English.
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Note:<br />
~ Full consideration must be given to all evidence of English language ability provided before a<br />
decision to request an IELTS certificate under BE5.1(b) is made. If an IELTS certificate is<br />
requested, the reason(s) behind the decision must be clearly documented and conveyed to the<br />
applicant.<br />
~ IELTS is an international organisation that provides an assessment of ability in English. Its<br />
General and Academic Modules provide band totals (test results) showing overall ability as well<br />
as performance in listening, reading, writing and speaking.<br />
BE5.5 Failure of a business to relocate to <strong>New</strong> <strong>Zealand</strong><br />
Effective: 25/07/2011<br />
Applications for a resident visa must be declined if principal applicants do not present<br />
acceptable evidence that the business has relocated to <strong>New</strong> <strong>Zealand</strong> within 24 months from<br />
the date of approval in principle.<br />
BE5.10 Temporary visa to arrange business relocation<br />
Effective 29/11/2010<br />
a. After approval in principle, a work visa may be granted (once an application has been<br />
lodged) to allow the principal applicant to arrange the business relocation to <strong>New</strong> <strong>Zealand</strong>.<br />
b. The work visa will be current for 24 months after approval in principle has been given and<br />
be granted with travel conditions allowing multiple journeys.<br />
c. Visitor visas for the same period may be granted (once an application has been lodged) to<br />
the principal applicant's partner and dependants (see E4.1.10).<br />
d. Student visas for the same period may be granted (once an application is lodged) to those<br />
of the principal applicant's dependants who wish to study, in accordance with current<br />
student instructions.<br />
BE6 Resident visas<br />
Effective 29/11/2010<br />
Resident visas granted under this category will be subject to a travel condition requiring first<br />
entry to <strong>New</strong> <strong>Zealand</strong> within 12 months of the grant of the visa.<br />
BE6.1 Resident visas subject to conditions<br />
See also <strong>Immigration</strong> Act 2009 s 49(1)<br />
Effective 29/11/2010<br />
a. Under the Employees of Relocating Businesses Category, a resident visa is granted to a<br />
principal applicant and accompanying partner and dependent children subject to conditions<br />
under section 49(1) of the <strong>Immigration</strong> Act.<br />
b. The Employees of Relocating Businesses Category conditions that may be imposed by<br />
letter on the resident visas are:<br />
i that, the visa holder is employed in the relocated business for the 24 months following<br />
the relocation of the business; and<br />
ii that, if the visa holder is in a position to ensure that the relocating business complies<br />
with all relevant employment and immigration law in <strong>New</strong> <strong>Zealand</strong>, the business has<br />
done so; and
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iii that, the visa holder informs the nearest branch of the INZ of any changes of <strong>New</strong><br />
<strong>Zealand</strong> address during the 24 month employment period; and<br />
iv that, within 3 months after the expiry of the 24 month employment period the visa<br />
holder must submit suitable evidence that conditions (i) to (ii) have been met.<br />
c. If a principal applicant is granted a resident visa subject to conditions, the resident visa of<br />
any accompanying partner and dependent children must be subject to the same<br />
conditions.<br />
d. For further information about the implications of visas subject to conditions, see RA8.<br />
BE6.1.1 Imposing conditions<br />
Principal applicants are advised of any condition imposed in a letter that states:<br />
a. the conditions; and<br />
b. that failure to comply with the conditions may result in the visa holder becoming liable for<br />
deportation under section 159 of the <strong>Immigration</strong> Act 2009; and<br />
c. that the conditions will apply to the resident visa for the 24-month period following their<br />
first entry to <strong>New</strong> <strong>Zealand</strong> as a resident.<br />
BE6.1.5 Reminder from INZ to provide evidence that conditions have been met<br />
Three months before the expiry of the 24-month employment period the INZ will write to the<br />
principal applicant requesting that evidence of conditions being met be provided within 3<br />
months after the expiry of the 24-month employment period.<br />
BE6.5 Cancellation of conditions when conditions are met<br />
Effective 29/11/2010<br />
a. To allow the conditions imposed under BE6.1.1 above to be cancelled, the visa holder must<br />
provide satisfactory evidence that:<br />
i they have taken up residence in <strong>New</strong> <strong>Zealand</strong>; and<br />
ii they have been an employee in <strong>New</strong> <strong>Zealand</strong> of the relocated business for 24 months;<br />
and<br />
b. if the visa holder has been in a position to ensure that the relocating business complied<br />
with all relevant employment and immigration law in <strong>New</strong> <strong>Zealand</strong>, the business<br />
immigration specialist may also request evidence of the business' compliance with these<br />
requirements.<br />
BE7 After the two-year employment period has expired<br />
BE7.1 Compliance with conditions<br />
Effective 29/11/2010<br />
When the applicant has satisfied a business immigration specialist that the applicant has met<br />
the conditions of the two-year employment investment period in full, the business immigration<br />
specialist will cancel the conditions on the visa.<br />
Effective 29/11/2010
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BE7.5 Non-compliance with conditions<br />
If the conditions have not been complied with, the resident visa holder may become liable for<br />
deportation under section 159 of the <strong>Immigration</strong> Act 2009.<br />
Effective 29/11/2010
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BF ENGLISH LANGUAGE REQUIREMENTS<br />
BF1 Principal applicants<br />
a. Principal applicants under the Long Term Business Category, Investor, Entrepreneur,<br />
Entrepreneur Plus, Employees of Relocating Businesses, General (Active) Investor,<br />
Professional Investor, and Investor 2 categories must meet a minimum standard of English<br />
to ensure their English language ability is sufficient to assist them to successfully settle in<br />
<strong>New</strong> <strong>Zealand</strong>.<br />
b. Applications under all Business <strong>Immigration</strong> categories must be declined if the principal<br />
applicant has not met the minimum standard of English.<br />
BF1.1 Partners and dependent children<br />
Effective 29/11/2010<br />
Partners and dependent children aged 16 years and over, who are included in applications<br />
under the Entrepreneur, Entrepreneur Plus, Investor, Employees of Relocating Businesses,<br />
General (Active) Investor, Professional Investor, or the Investor 2 categories may either:<br />
a. show they meet the minimum standard of English; or<br />
b. pre-purchase ESOL training.<br />
BF2 Minimum standards of English<br />
Effective 29/11/2010<br />
a. Unless instructions specify otherwise, principal applicants who lodge applications under<br />
any business immigration category, meet the minimum standard of English if:<br />
i they provide a certificate (no more than 2 years old at the time the application is<br />
lodged) from the International English Language Testing System (IELTS), which shows<br />
an overall band score of at least 4 in the IELTS General or Academic Module; or<br />
ii they provide evidence that they have an English-speaking background (see BF2.1)<br />
which is accepted by a business immigration specialist as meeting the minimum<br />
standard of English; or<br />
iii they provide other evidence which satisfies a business immigration specialist that,<br />
taking account of that evidence and all the circumstances of the application, the<br />
person meets the minimum standard of English (see BF2.5).<br />
b. In any case under (a) (ii) or (iii), a business immigration specialist may require an<br />
applicant to provide an IELTS certificate in terms of paragraph (a)(i). In such cases, the<br />
IELTS certificate will be used to determine whether the applicant meets the minimum<br />
standard of English.<br />
Note: IELTS is an international organisation that provides an assessment of ability in English.<br />
Its General and Academic Modules provide band totals (test results) showing overall ability as<br />
well as performance in listening, reading, writing and speaking.<br />
BF2.1 Evidence of an English-speaking background<br />
Effective 29/11/2010<br />
Evidence of an English-speaking background is original or certified copies of documents<br />
showing:<br />
• completion of all primary education and at least 3 years of secondary education (that is,
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the equivalent of <strong>New</strong> <strong>Zealand</strong> Forms 3 to 5 or years 9 to 11) at schools using English as<br />
the language of instruction; or<br />
• completion of at least 5 years of secondary education (that is, the equivalent of <strong>New</strong><br />
<strong>Zealand</strong> Forms 3 to 7 or years 9 to 13) at schools using English as the language of<br />
instruction; or<br />
• completion of a course of at least 3 years' duration leading to the award of a tertiary<br />
qualification at institutions using English as the language of instruction; or<br />
• that the applicant holds General Certificate of Education (GCE) 'A' Levels from Britain or<br />
Singapore with a minimum C pass (the passes must specifically include the subjects<br />
English Language or Literature, or Use of English); or<br />
• that the applicant holds an International Baccalaureate – full Diploma in English Medium;<br />
or<br />
• that the applicant holds a Cambridge Certificate of Proficiency in English – minimum C<br />
pass; or<br />
• that the applicant holds Hong Kong Advanced Level Examinations (HKALE) including a<br />
minimum C pass in Use of English; or<br />
• that the applicant holds STPM 920 (Malaysia) – A or B pass in English Literature; or<br />
• that the applicant holds University of Cambridge in collaboration with University of Malaya,<br />
General Certificate of English (GCE) "A" levels with a minimum C pass. The passes must<br />
specifically include the subjects English or General Paper; or<br />
• that the applicant holds a South African Matriculation Certificate, including a minimum D<br />
pass in English (Higher Grade); or<br />
• that the applicant holds a South African Senior Certificate, including a minimum D pass in<br />
English (Higher Grade), endorsed with the words "matriculation exempt"; or<br />
• that the applicant holds a <strong>New</strong> <strong>Zealand</strong> Tertiary Entrance Qualification gained on<br />
completion of the seventh form.<br />
Effective 29/11/2010<br />
BF2.5 Circumstances that may indicate a person otherwise meets the<br />
minimum standard of English<br />
Circumstances that may indicate an applicant meets the minimum standard of English may<br />
include but are not limited to:<br />
• the country in which the applicant currently resides;<br />
• the country(ies) in which the applicant has previously resided;<br />
• the duration of residence in each country;<br />
• whether the applicant speaks any language other than English;<br />
• whether members of the applicant's family speak English<br />
• whether members of the applicant's family speak any language other than English;<br />
• the nature of the applicant's current or previous employment (if any) and whether it<br />
required or was likely to have required skill in English language;<br />
• the nature of the applicant's qualifications (if any) and whether the obtaining of those<br />
qualifications was likely to have required skill in English language.<br />
Effective 29/11/2010<br />
BF2.10 Employment in <strong>New</strong> <strong>Zealand</strong><br />
An applicant is also considered to have an English-speaking background if:<br />
a. they have been lawfully employed full-time in an occupation in <strong>New</strong> <strong>Zealand</strong> for a<br />
minimum of 12 months; and
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b. English was the language of employment.<br />
'Employment' in the context of English language requirements does not include self-<br />
employment.<br />
BF2.15 Evidence of employment in <strong>New</strong> <strong>Zealand</strong><br />
Effective 29/11/2010<br />
Evidence of full-time employment in <strong>New</strong> <strong>Zealand</strong> for a minimum of 12 months is original or<br />
certified copies of:<br />
a. references from employers on company letterhead, which state the occupation and dates<br />
of employment and the contact phone number and a address of the employer; or<br />
b. an employment contract with confirmation from the employer that the applicant is still<br />
employed.<br />
Evidence that English was the language of employment is a written statement from the<br />
employer that English was the primary language of employment.<br />
Effective 29/11/2010<br />
BF3 Pre-purchase of English for speakers of other languages (ESOL) tuition<br />
a. Non-principal applicants who pre-purchase ESOL tuition, instead of meeting the minimum<br />
standard of English, must pre-purchase ESOL tuition from the Tertiary Education<br />
Commission (TEC) by paying the required charge to INZ (which collects this charge on<br />
behalf of the TEC). (See BF3.15.)<br />
b. Before a resident visa is granted, applicants must pay any ESOL tuition charge due.<br />
BF3.1 TEC to arrange ESOL tuition<br />
Effective 29/11/2010<br />
a. The applicant is entitled to tuition to the value of the ESOL entitlement component of the<br />
ESOL tuition charge. This does not include INZ and TEC administration costs.<br />
b. The TEC advises the applicant of the list of suitable ESOL tuition providers in <strong>New</strong> <strong>Zealand</strong>,<br />
from which the applicant may nominate one of their own choice.<br />
c. The TEC will manage the contract between the ESOL tuition provider and the applicant.<br />
d. The applicant must advise the TEC of their <strong>New</strong> <strong>Zealand</strong> address.<br />
BF3.5 Applicant's agreement with TEC<br />
Effective 29/11/2010<br />
a. Each applicant who pre-purchases ESOL tuition must sign an agreement with TEC by which<br />
they agree, among other things, that they understand the rules for taking up ESOL tuition<br />
in <strong>New</strong> <strong>Zealand</strong> and the refund provisions.<br />
b. The content of the agreement is determined by INZ and the TEC.
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c. Included with the agreement is a schedule that sets out the personal details of the<br />
applicant and the amount of tuition to be purchased.<br />
BF3.10 Completion of agreement<br />
See previous instructions BF3.10 Effective 29/11/2010<br />
Effective 29/11/2010<br />
a. When an application for a resident visa is approved in principle, applicants will be given<br />
two copies of the agreement to complete for each person in the application undertaking<br />
the English language training.<br />
b. After completion of the agreement, one copy is retained by the applicant, and the other<br />
copy is returned to the INZ processing office with the tuition fee(s).<br />
c. If the agreement is not signed and returned to INZ within the time specified by INZ, the<br />
resident visa application must be declined.<br />
d. The INZ copy of the agreement should be sent to the TEC.<br />
Effective: 07/11/2011<br />
BF3.15 The amount of ESOL tuition to be pre-purchased by non-principal<br />
applicants<br />
See previous instructions BF3.15 Effective 29/11/2010<br />
a. The amount of ESOL tuition to be pre-purchased is determined by the applicant's average<br />
IELTS score across all four bands (as shown in their "Overall Band" score in the IELTS Test<br />
Report Form) according to the following table.<br />
Overall Band score Charge to be paid ESOL entitlement<br />
4.5 or more but less than<br />
5<br />
4 or more, but less than<br />
4.5<br />
3.5 or more, but less than<br />
4<br />
NZ$1,735 NZ$1,531.82<br />
NZ$3,420 NZ$3,063.64<br />
NZ$5,110 NZ$4,600.00<br />
Less than 3.5 NZ$6,795 NZ$6,131.82<br />
Note: No ESOL tuition is required to be pre-purchased if the applicant meets the English<br />
language requirements for the category they are applying under.<br />
b. The charge includes the applicant's ESOL tuition entitlement, as well as the INZ and TEC<br />
administration costs.
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c. If an applicant has not submitted IELTS results when requested, the maximum charge of<br />
NZ$6,795 applies.<br />
BF3.20 Failure to pre-purchase ESOL tuition<br />
Effective 26/11/2012<br />
Any ESOL tuition charge due must be paid before the grant of a resident visa. If it is not paid<br />
to INZ within the specified time, the resident visa application must be declined.<br />
BF3.25 Limited period to use ESOL tuition<br />
Effective 29/11/2010<br />
a. If ESOL tuition is purchased the applicant must complete the tuition within 5 years from<br />
the date of payment.<br />
b. ESOL tuition will not be available without further payment, nor will refunds be given, to<br />
applicants who do not take up ESOL tuition within the time limits specified in paragraph<br />
(a).<br />
BF3.27 Extension of period to complete ESOL tuition<br />
a. Applicants who have pre-purchased ESOL tuition:<br />
i in <strong>New</strong> <strong>Zealand</strong> on or after 31 March 2005 and prior to 31 March 2008; or<br />
Effective 29/11/2010<br />
ii outside <strong>New</strong> <strong>Zealand</strong> on or after 31 September 2004 and prior to 31 March 2008<br />
will have up to 5 years from the date of payment to complete the tuition.<br />
Effective 29/11/2010<br />
BF3.30 Refunds of ESOL tuition money<br />
a. If ESOL tuition money is paid but the principal applicant and partner and dependent<br />
children do not take up residence, a refund may be granted upon request to INZ. The<br />
request must be made in writing.<br />
b. Requests made more than 6 months after the expiry date of any unused resident visa<br />
must be declined.<br />
c. Business immigration specialists considering requests for refunds must be satisfied that<br />
the principal applicant and partner and dependent children included in the application have<br />
not been granted entry permission to <strong>New</strong> <strong>Zealand</strong> as holders of resident visas.<br />
d. The person who paid the fee will be refunded only the ESOL entitlement. INZ and TEC<br />
administration costs will not be refunded.<br />
Effective 29/11/2010
INZ Operational Manual <strong>Residence</strong><br />
BH ENTREPRENEUR CATEGORY<br />
BH1 Objective<br />
The objective of the Entrepreneur Category is to attract migrants who can demonstrate they<br />
have been actively participating in business and contributing to <strong>New</strong> <strong>Zealand</strong>'s economic<br />
development.<br />
BH2 Summary of requirements<br />
Effective 29/11/2010<br />
BH2.1 Successful establishment of a business that is benefiting <strong>New</strong> <strong>Zealand</strong><br />
Principal applicants in the Entrepreneur Category are required to demonstrate that:<br />
a. they have established a business in <strong>New</strong> <strong>Zealand</strong>; and<br />
b. the business is benefiting <strong>New</strong> <strong>Zealand</strong>.<br />
BH2.5 Compliance with employment and immigration law<br />
Effective 29/11/2010<br />
a. Businesses established in <strong>New</strong> <strong>Zealand</strong> must comply with all relevant employment and<br />
immigration law in force in <strong>New</strong> <strong>Zealand</strong>. Compliance with relevant <strong>New</strong> <strong>Zealand</strong><br />
employment and immigration law includes but is not limited to:<br />
i paying employees no less than the appropriate minimum wage or other contracted<br />
industry standard; and<br />
ii meeting holiday and special leave requirements or other minimum statutory criteria,<br />
e.g. occupational safety and health obligations; and<br />
iii only employing people who have authority to undertake that work under the<br />
<strong>Immigration</strong> Act 2009.<br />
b. Despite BH2.5 (a) above, where an application otherwise meets all requirements for<br />
approval and there is an incident of non-compliance with any relevant employment or<br />
immigration law in force in <strong>New</strong> <strong>Zealand</strong>, a business immigration specialist may<br />
nevertheless approve the application where:<br />
i they are satisfied that the breach of requirements is of a minor nature; and<br />
ii evidence is provided that satisfies the business immigration specialist that the cause<br />
and consequences of the breach have been remedied.<br />
c. To determine the nature of a breach, the business immigration specialist may consult with<br />
Workplace Employment Relations, Workplace Health & Safety, and/or the Accident<br />
Compensation Corporation.<br />
BH2.10 English language requirements<br />
Effective 29/11/2010<br />
Principal applicants in the Entrepreneur Category must meet the minimum standard of English<br />
(see BF2).
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Any partner or dependent children aged 16 years and over who are included in the application<br />
must meet a minimum standard of English or, where instructions allow, pre-purchase of ESOL<br />
tuition (see BF1.1).<br />
BH2.15 Health and character requirement<br />
Effective 29/11/2010<br />
Principal applicants and partners and/or dependent children included in the application must<br />
meet health and character requirements (see A4 and A5).<br />
BH2.20 Payment of migrant levy<br />
Effective 29/11/2010<br />
Applicants approved under the Entrepreneur Category are required to pay a migrant levy (see<br />
R5.90).<br />
BH3 Relationship to Long Term Business Category<br />
Effective 29/11/2010<br />
BH3.1 Businesses established while the principal applicant was holding a visa<br />
granted under the Long Term Business Category<br />
An application under the Entrepreneur Category will be declined if:<br />
a. the business on the basis of which the application is made was established while the<br />
principal applicant was holding a work visa granted under the Long Term Business<br />
Category; and<br />
b. the principal applicant was not self employed in that business for two years prior to the<br />
date the application under Entrepreneur Category is made.<br />
c. Applications under the Entrepreneur Category will also be declined if the principal applicant<br />
and any partner or dependent child applied for and was granted welfare assistance under<br />
the Social Security Act 1964 while in <strong>New</strong> <strong>Zealand</strong> during the currency of their temporary<br />
visas.<br />
Effective 29/11/2010<br />
BH3.5 Consistency with business proposal under the Long Term Business<br />
Category<br />
a. An application under the Entrepreneur category will be declined if:<br />
i the business on the basis of which the application is made was established while the<br />
principal applicant was holding a work visa granted under the Long Term Business<br />
Category; and<br />
ii the business is different from a business proposal (including a business proposal<br />
subsequently modified with the consent of a business immigration specialist) in<br />
respect of which the applicant was granted a work visa.<br />
b. Despite BH3.5 (a) above, an application may be approved if:<br />
i the business that has been established would have met the requirements for a<br />
business plan under Long Term Business Category; and
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ii the business that has been established required the same or a greater level of capital<br />
investment than a business proposal in respect of which the applicant was granted or<br />
issued a work visa under the Long Term Business Category; and<br />
iii the applicant has relevant experience for the new business.<br />
BH3.10 Direct applications under Entrepreneur category<br />
Effective 29/11/2010<br />
Principal applicants are not required to have held a work visa under the Long Term Business<br />
Category and may apply directly for a resident visa on the basis of having already successfully<br />
established a business in <strong>New</strong> <strong>Zealand</strong>.<br />
BH4 Successful establishment of a business in <strong>New</strong> <strong>Zealand</strong><br />
Effective 29/11/2010<br />
BH4.1 Criteria for successfully establishing a business in <strong>New</strong> <strong>Zealand</strong><br />
A principal applicant will be considered to have successfully established a business in <strong>New</strong><br />
<strong>Zealand</strong> if:<br />
a. they have established or purchased, or made a substantial investment in a business<br />
operating in <strong>New</strong> <strong>Zealand</strong>; and<br />
b. the principal applicant has been self-employed in <strong>New</strong> <strong>Zealand</strong> in that business for at least<br />
2 years.<br />
BH4.5 Definitions<br />
See previous instructions BH4.5 Effective 29/11/2010<br />
BH4.5.1 Substantial investment<br />
Effective 29/11/2010<br />
Substantial investment means the purchase of 25% or more of the shareholding of a business.<br />
BH4.5.5 Self-employment<br />
a. Self-employment is lawful active involvement in the management and operating of a<br />
business in <strong>New</strong> <strong>Zealand</strong> which the principal applicant has established or purchased, or in<br />
which the principal applicant has made a substantial investment.<br />
b. For the avoidance of doubt, self-employment does not include involvement of a passive or<br />
speculative nature.<br />
BH4.5.10 Unacceptable Risk<br />
a. INZ will decline an application for a visa under Entrepreneur immigration instructions<br />
where it considers the grant of the visa would create unacceptable risks to the integrity of<br />
<strong>New</strong> <strong>Zealand</strong>’s immigration or employment laws or policies.
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b. Offering business opportunities to meet the requirements of an Entrepreneur visa<br />
application by persons whose main business is the facilitation of entry to <strong>New</strong> <strong>Zealand</strong> of<br />
non-<strong>New</strong> <strong>Zealand</strong> citizens and residence class visa holders potentially creates an<br />
unacceptable risk to the integrity of <strong>New</strong> <strong>Zealand</strong>’s immigration laws and policies.<br />
Therefore, applications for Entrepreneur visas based on such business opportunities will<br />
not be approved.<br />
BH4.10 Criteria for a business benefiting <strong>New</strong> <strong>Zealand</strong><br />
Effective: 20/03/2012<br />
a. A business is considered to benefit <strong>New</strong> <strong>Zealand</strong> if it promotes <strong>New</strong> <strong>Zealand</strong>'s economic<br />
growth by for example:<br />
i introducing new, or enhancing existing, technology, management or technical skills; or<br />
ii introducing new, or enhancing existing, products or services; or<br />
iii creating new, or expanding existing, export markets; or<br />
iv creating employment for a <strong>New</strong> <strong>Zealand</strong> citizen or resident; or<br />
v revitalising an existing <strong>New</strong> <strong>Zealand</strong> business; and<br />
b. the business is trading profitably on the date the application is lodged or a business<br />
immigration specialist is satisfied that it clearly has the potential to become profitable<br />
within the following 12 months.<br />
c. If the associated Long Term Business visa application was made before 30 November 2009<br />
the 'creating employment' benefit can also include non-<strong>New</strong> <strong>Zealand</strong> citizens or residence<br />
class visa holders, with the exception of the principal applicant.<br />
BH5 Evidential requirements for entrepreneurs<br />
Effective 29/11/2010<br />
BH5.1 Evidence that the principal applicant has established a business in<br />
<strong>New</strong> <strong>Zealand</strong><br />
a. All documents submitted to prove that the principal applicant has established a business<br />
in <strong>New</strong> <strong>Zealand</strong> must be produced by a reliable independent agency.<br />
b. Evidence that the principal applicant has established a business in <strong>New</strong> <strong>Zealand</strong> may<br />
include, but is not limited to:<br />
i a certificate of incorporation<br />
ii audited accounts<br />
iii GST records<br />
iv other tax records<br />
c. The business immigration specialist may request any other documents to support the<br />
application.<br />
BH5.5 Evidence that the business is benefiting <strong>New</strong> <strong>Zealand</strong><br />
Effective 29/11/2010<br />
a. Evidence that the principal applicant's business is benefiting <strong>New</strong> <strong>Zealand</strong> may include, but<br />
is not limited to:<br />
i audited accounts
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ii tax records<br />
iii export/import documentation, such as letters of credit<br />
iv employment records.<br />
b. The business immigration specialist may request any other documents to support the<br />
application.<br />
Effective 29/11/2010<br />
BH5.10 Evidence of compliance with relevant employment and immigration<br />
law<br />
A business immigration specialist may request evidence that the principal applicant has<br />
complied with all relevant employment and immigration law in <strong>New</strong> <strong>Zealand</strong>.<br />
BH7 Approval in principle<br />
BH7.1 General rules for approval in principle<br />
Effective 29/11/2010<br />
Principal applicants who meet the criteria of the Entrepreneur Category will be advised that:<br />
a. their application has been approved in principle; and<br />
b. resident visas may be granted once the following requirements have been met:<br />
i the principal applicant pays any applicable migrant levy; and<br />
ii the principal applicant submits evidence that they and any partner or dependent<br />
children aged 16 or over meets the English language requirements (see BF).<br />
Effective 29/11/2010<br />
BH7.5 Failure to meet approval in principle requirements<br />
Applications for a resident visa must be declined if principal applicants do not present the<br />
requirements listed in the approval in principle letter within the timeframe specified by a<br />
business immigration specialist in the approval in principle letter.<br />
Effective 29/11/2010
INZ Operational Manual <strong>Residence</strong><br />
BJ MIGRANT INVESTMENT CATEGORIES<br />
BJ1 Objective<br />
The objective of the Migrant Investment Categories is to attract financial capital to local firms<br />
or government by providing resident visas to those who wish to make a significant contribution<br />
to <strong>New</strong> <strong>Zealand</strong>'s economy.<br />
BJ2 Overview<br />
Effective 29/11/2010<br />
The Migrant Investment Categories are comprised of two sub-categories. These are the<br />
Investor 1 Category and the Investor 2 Category.<br />
BJ2.1 Investor 1 Category<br />
a. To be approved under this category a principal applicant must:<br />
i meet requirements for health and character; and<br />
Effective 29/11/2010<br />
ii invest NZ$10 million in <strong>New</strong> <strong>Zealand</strong> in an acceptable investment for a three year<br />
period.<br />
Effective 29/11/2010<br />
BJ2.5 Investor 2 Category<br />
a. A person who is interested in applying for a resident visa under the Investor 2 Category<br />
may complete an Expression of Interest (EOI) form in the prescribed manner.<br />
Note: Applications can be made under Investor 1 Category without the need to submit an<br />
EOI or be invited to apply.<br />
b. EOIs which meet prerequisites for health, character, English language, age, business<br />
experience, investment funds and settlement funds, and have a minimum point score of<br />
20, are entered into the Investor 2 Category EOI Pool (see BJ4.15).<br />
c. EOI's in the Investor 2 Category EOI Pool are selected from that Pool periodically on the<br />
Government's behalf by <strong>Immigration</strong> <strong>New</strong> <strong>Zealand</strong>.<br />
d. Points for age, business experience, English language ability, and investment funds are<br />
claimed by a person expressing interest in accordance with the requirements set out in the<br />
Investor 2 Category (see BJ4).<br />
e. EOIs will be selected from the Pool according to their points ranking in sufficient numbers<br />
to meet the requirements of the Migrant Investment Categories (MIC) at the time of<br />
selection (subject to any adjustment to the number or distribution of places available for<br />
the MIC in the <strong>New</strong> <strong>Zealand</strong> <strong>Residence</strong> Programme as determined by the Government).<br />
f. A selected EOI may result in an Invitation to Apply (ITA) for a resident visa under the<br />
Investor 2 Category, subject to:<br />
i an assessment of the credibility of the information provided in the EOI; and<br />
ii whether the EOI indicates the presence of any health or character issues that may<br />
adversely affect the ability of the person expressing interest to be granted a resident<br />
visa under the Investor 2 Category; and
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iii whether the EOI indicates that the person expressing interest will not meet the<br />
Investor 2 Category criteria.<br />
g. Only a person with an ITA may apply for a resident visa under the Investor 2 Category.<br />
h. The issue of an ITA does not guarantee that a resident visa will be granted.<br />
i. If a person is invited to apply, information provided in the EOI, and any further evidence,<br />
information and submissions will form the basis for determination of a subsequent<br />
application for a resident visa under the Investor 2 Category.<br />
j. Applications for a resident visa resulting from an ITA must include:<br />
i information and evidence to support the claims made in the EOI; and<br />
ii information concerning any relevant fact (including any material change in<br />
circumstances that occurs after the EOI was submitted) if that fact or change in<br />
circumstances could affect the decision on the application. Such a relevant fact or<br />
change in circumstances may relate to the principal applicant or another person<br />
included in the application, and may relate to any matter relevant to the Investor 2<br />
Category.<br />
k. To be approved under the Investor 2 Category a principal applicant must:<br />
i meet requirements for health and character (see A4 and A5); and<br />
ii qualify for the points for English language, age, business experience and nominated<br />
investment funds on the basis of which their EOI was selected from the Pool; and<br />
iii invest NZ$1.5 million in <strong>New</strong> <strong>Zealand</strong>.<br />
BJ2.15 Applications available under the Investor 2 Category<br />
Effective 29/11/2010<br />
a. Up to 300 applications can be approved annually under the Investor 2 Category. These sit<br />
within the total number of places available under the Skilled/Business stream of the <strong>New</strong><br />
<strong>Zealand</strong> <strong>Residence</strong> Programme (NZRP).<br />
b. The Minister of <strong>Immigration</strong> may review and adjust the number of applications that can be<br />
approved periodically, provided the adjustment is within the NZRP.<br />
BJ2.20 Approval in principle<br />
Effective 29/11/2010<br />
Under both of the Migrant Investment Categories (MIC), where an application is approved in<br />
principle the principal applicant will be required to provide acceptable evidence of having<br />
transferred and invested the nominated funds in accordance with the relevant requirements of<br />
the category under which they have applied, before a resident visa is granted.<br />
BJ2.25 Resident visas granted with conditions<br />
See also <strong>Immigration</strong> Act 2009 s 49<br />
Effective 29/11/2010<br />
a. Under the Migrant Investment Categories (MIC), a resident visa is granted to a principal<br />
applicant and accompanying partner and dependent children subject to conditions under<br />
section 49(1) of the <strong>Immigration</strong> Act 2009. All resident visas granted in accordance with<br />
these instructions must specify that the visa will be subject to the following conditions<br />
under section 49(1).
INZ Operational Manual <strong>Residence</strong><br />
b. The MIC conditions are that:<br />
i the principal applicant retains an acceptable investment in <strong>New</strong> <strong>Zealand</strong> for a<br />
minimum of three years (Investor 1 Category) or four years (Investor 2 Category) and<br />
spends a minimum period of time in <strong>New</strong> <strong>Zealand</strong> during the required investment<br />
period (see BJ9); and<br />
ii the principal applicant informs the nearest branch of INZ of any changes of <strong>New</strong><br />
<strong>Zealand</strong> address during the required investment period; and<br />
iii a principal applicant who was awarded 1 point for English language ability (IELTS 3)<br />
under the Investor 2 Category, must complete a minimum 20 hours of English<br />
language tuition with a <strong>New</strong> <strong>Zealand</strong> Qualifications Authority (NZQA) registered<br />
education provider in <strong>New</strong> <strong>Zealand</strong> within the four year investment period; and<br />
iv at the two-year anniversary of the investment period, the principal applicant submit<br />
evidence that they:<br />
are retaining an acceptable investment in <strong>New</strong> <strong>Zealand</strong>; and<br />
meeting minimum period of time in <strong>New</strong> <strong>Zealand</strong> requirements; and<br />
v within 3 months after the expiry date of the required investment period, the principal<br />
applicant submit evidence to INZ that they have met conditions (i) and (iii) if<br />
applicable.<br />
c. Any accompanying partner and dependent children of a principal applicant granted a<br />
resident visa will be subject to the condition that the principal applicant complies with the<br />
conditions of their visa.<br />
BJ2.25.1 Imposing conditions<br />
a. Principal applicants are advised of the conditions of their visa in a letter that states:<br />
i the conditions; and<br />
ii that failure to comply with the conditions may result in the visa holder becoming liable<br />
for deportation under section 159 of the <strong>Immigration</strong> Act 2009.<br />
b. The letter will also specify the date on which the required investment period begins (see<br />
BJ7.25).<br />
BJ2.30 Verification<br />
Effective 29/11/2010<br />
a. Business immigration specialists must be satisfied that all documents provided as evidence<br />
are genuine and accurate, and may take any steps they determine necessary to verify<br />
such documents and the information they contain.<br />
b. All documentation provided should be independent and verifiable to a business<br />
immigration specialist's satisfaction.<br />
c. A business immigration specialist may interview, or ask another branch of <strong>Immigration</strong><br />
<strong>New</strong> <strong>Zealand</strong> to interview, the principal applicant in order to determine whether or not the<br />
information provided in an application is genuine and accurate.<br />
Note: A business immigration specialist is an immigration officer.<br />
BJ3 Investor 1 Category<br />
a. Principal applicants under the Investor 1 Category are assessed against:<br />
Effective 29/11/2010
<strong>Residence</strong> INZ Operational Manual<br />
i health and character requirements; and<br />
ii investment funds requirements.<br />
b. For an application to be approved under the Investor 1 Category:<br />
i the principal applicant and family members included in the application must meet<br />
health and character requirements (see A4 and A5); and<br />
ii the principal applicant must nominate funds and/or assets equivalent in value to at<br />
least NZ$10 million and demonstrate ownership of these funds and/or assets; and<br />
iii the principal applicant must demonstrate that the nominated funds have been legally<br />
earned or acquired; and<br />
iv the principal applicant must undertake to invest NZ$10 million for a period of three<br />
years in <strong>New</strong> <strong>Zealand</strong> and transfer and place the funds in an acceptable investment in<br />
accordance with the instructions in BJ7.10.<br />
BJ3.5 Health and character requirements<br />
Effective 29/11/2010<br />
Applicants under the Investor 1 Category must meet health and character requirements (see<br />
A4 and A5).<br />
BJ3.10 Investment funds<br />
See previous instructions:<br />
BJ3.10 Effective 25/07/2011<br />
BJ3.10 Effective 29/11/2010<br />
Effective 29/11/2010<br />
a. The principal applicant must invest a minimum of NZ$10 million in <strong>New</strong> <strong>Zealand</strong> for a<br />
period of three years.<br />
b. The principal applicant must:<br />
i nominate funds and/or assets equivalent in value to NZ$10 million; and<br />
ii demonstrate ownership of these funds and/or assets (see BJ3.10.1); and<br />
iii demonstrate that the nominated funds and/or assets have been earned or acquired<br />
legally (see BJ3.10.1 (c) below).<br />
c. All invested funds must meet the conditions of an acceptable investment as set out under<br />
BJ3.10.25.<br />
BJ3.10.1 Ownership of nominated funds and/or assets<br />
a. Nominated funds and/or assets may be owned either:<br />
i solely by the principal applicant; or<br />
ii jointly by the principal applicant and partner and/or dependent children who are<br />
included in the resident visa application, provided a business immigration specialist is<br />
satisfied the principal applicant and partner have been living together for 12 months<br />
or more in a partnership that is genuine and stable (see R2.1.15 and R2.1.15.1 (b)<br />
and R2.1.15.5 (a)(i)). If so, the principal applicant may claim the full value of such<br />
jointly owned funds or assets for assessment purposes.
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b. If nominated funds and/or assets are held jointly by the principal applicant and a person<br />
other than their partner or dependent child, the principal applicant may only claim the<br />
value of that portion of funds and/or assets for which they provide evidence of ownership.<br />
c. The principal applicant may only nominate funds and/or assets that they earned or<br />
acquired legally, including funds and/or assets which have been gifted to them<br />
unconditionally and in accordance with local law. Where nominated funds and/or assets<br />
have been gifted to the principal applicant a business immigration specialist must be<br />
satisfied that the funds and/or assets being gifted were earned lawfully by the person/s<br />
gifting the funds and/or assets.<br />
d. The nominated funds and/or assets must be unencumbered.<br />
e. The nominated funds and/or assets must not be borrowed.<br />
BJ3.10.5 Definition of 'funds earned or acquired legally'<br />
a. Funds and/or assets earned or acquired legally are funds and/or assets earned or acquired<br />
in accordance with the laws of the country in which they were earned or acquired.<br />
b. Business immigration specialists have discretion to decline an application if they are<br />
satisfied that, had the funds and/or assets been earned or acquired in the same manner in<br />
<strong>New</strong> <strong>Zealand</strong>, they would have been earned or acquired contrary to the criminal law of<br />
<strong>New</strong> <strong>Zealand</strong>.<br />
BJ3.10.10 Definition of 'unencumbered funds'<br />
Unencumbered funds are funds that are not subject to any mortgage, lien, charge and/or<br />
encumbrance (whether equitable or otherwise) or any other creditor claims.<br />
BJ3.10.15 Funds already held in <strong>New</strong> <strong>Zealand</strong><br />
a. Funds held in <strong>New</strong> <strong>Zealand</strong> at the time the application is made may be included in<br />
investment funds. However, periods of investment in <strong>New</strong> <strong>Zealand</strong> before approval in<br />
principle cannot be taken into account when calculating the three-year investment period.<br />
b. Funds held in <strong>New</strong> <strong>Zealand</strong> must originally have been transferred to <strong>New</strong> <strong>Zealand</strong> through<br />
the banking system, or a foreign exchange company that uses the banking system from<br />
the country or countries in which they were earned or acquired legally, or have been<br />
earned or acquired lawfully in <strong>New</strong> <strong>Zealand</strong> (see BJ7.10).<br />
BJ3.10.20 Evidence of the principal applicant's nominated funds and assets<br />
a. Principal applicants must provide evidence of net funds and/or assets to the value of the<br />
required investment funds.<br />
b. Principal applicants must provide evidence to the satisfaction of a business immigration<br />
specialist that the nominated funds and/or assets were earned or acquired legally.<br />
c. All documents provided as valuations of assets must be:<br />
i no more than three months old at the date the resident visa application is made; and<br />
ii produced by a reliable independent agency.<br />
d. A business immigration specialist may seek further evidence if they:<br />
i are not satisfied that the nominated funds and/or assets were earned or acquired<br />
legally; or
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ii consider that the nominated funds and/or assets may have been gifted or borrowed<br />
without being declared; or<br />
iii are not satisfied with the valuation provided; or<br />
iv consider that the nominated funds and/or assets fail in some other way to meet the<br />
rules for investment funds.<br />
BJ3.10.25 Definition of 'acceptable investment'<br />
a. An acceptable investment means an investment that:<br />
i is capable of a commercial return under normal circumstances; and<br />
ii is not for the personal use of the applicant(s) (see BJ5.50.1 below); and<br />
iii is invested in <strong>New</strong> <strong>Zealand</strong> in <strong>New</strong> <strong>Zealand</strong> currency; and<br />
iv is invested in lawful enterprises or managed funds (see BJ5.50.5) that comply with all<br />
relevant laws in force in <strong>New</strong> <strong>Zealand</strong>; and<br />
v has the potential to contribute to <strong>New</strong> <strong>Zealand</strong>'s economy; and<br />
vi is invested in either one or more of the following:<br />
bonds issued by the <strong>New</strong> <strong>Zealand</strong> government or local authorities; or<br />
bonds issued by <strong>New</strong> <strong>Zealand</strong> firms traded on the <strong>New</strong> <strong>Zealand</strong> Debt Securities<br />
Market (NZDX); or<br />
bonds issued by <strong>New</strong> <strong>Zealand</strong> firms with at least a BBB- or equivalent rating from<br />
internationally recognised credit rating agencies (for example, Standard and Poor's);<br />
or<br />
equity in <strong>New</strong> <strong>Zealand</strong> firms (public or private including managed funds); or<br />
bonds issued by <strong>New</strong> <strong>Zealand</strong> registered banks; or<br />
equities in <strong>New</strong> <strong>Zealand</strong> registered banks; or<br />
residential property development(s) (see BJ3.10.40); or<br />
bonds in finance companies (see BJ3.10.25 (c)).<br />
Note: For the purposes of these instructions, convertible notes are considered to be an equity investment.<br />
<strong>New</strong> <strong>Zealand</strong> registered banks are defined by the <strong>New</strong> <strong>Zealand</strong> Reserve Bank Act 1989.<br />
b. Notwithstanding (a) above, where an investment fails to meet one of the acceptable<br />
investment requirements, a business immigration specialist may consider, on a case by<br />
case basis, whether the failure was beyond the control of the principal applicant and if<br />
satisfied that this was the case, may consider the investment acceptable.<br />
c. A Business <strong>Immigration</strong> Specialist may consider bonds in finance companies as an<br />
acceptable investment where the finance company:<br />
i is a wholly-owned subsidiary of,<br />
ii raises capital solely for, and<br />
iii has all its debt securities unconditionally guaranteed by<br />
a <strong>New</strong> <strong>Zealand</strong> Stock Exchange listed company or a local authority.<br />
Note: The value of an investment is based on the net purchase price (for example, less any<br />
accrued interest, commission, brokerage and/or trade levy), not on the face value of the<br />
investment.<br />
BJ3.10.30 Personal use of investment funds<br />
Personal use includes investment in assets such as a personal residence, car, boat or similar.
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BJ3.10.35 Managed funds<br />
a. For the purposes of these instructions managed funds are defined as either:<br />
i a managed fund investment product offered by a financial institution; or<br />
ii funds invested in equities that are managed on an investor's behalf by a fund manager<br />
or broker.<br />
b. In order to be acceptable as a form of investment managed funds must be invested only in<br />
<strong>New</strong> <strong>Zealand</strong> companies. Managed fund investments in <strong>New</strong> <strong>Zealand</strong> with international<br />
exposure are acceptable only for the proportion of the investment that is invested in <strong>New</strong><br />
<strong>Zealand</strong> companies.<br />
Example: Only 50 percent of a managed fund that equally invests in <strong>New</strong> <strong>Zealand</strong> and<br />
international equities would be deemed to be an acceptable investment as set out in BJ3.10.<br />
BJ3.10.40 Residential property development<br />
For the purposes of these instructions, residential property development(s) is defined as<br />
property(ies) in which people reside and is subject to the following conditions:<br />
a. the residential property must be in the form of new developments on either new or<br />
existing sites; and<br />
b. the residential property(ies) cannot include renovation or extension to existing dwellings;<br />
and<br />
c. the new developments must have been approved and gained any required consents by any<br />
relevant regulatory authorities (including local authorities); and<br />
d. the purpose of the residential property investments must be to make a commercial return<br />
on the open market; and<br />
e. neither the family, relatives, nor anyone associated with the principal investor, may reside<br />
in the development; and<br />
f. the costs associated with obtaining any regulatory approval (including any resource or<br />
building consents) are not part of the principal applicant’s acceptable investments.<br />
Effective: 07/11/2011<br />
BJ4 Investor 2 Category (Expression of Interest and Invitation to Apply)<br />
BJ4.1 Expressing interest in being invited to apply under the Investor 2<br />
Category<br />
See also <strong>Immigration</strong> Act 2009, s 92<br />
a. People notify their interest in being invited to apply for a resident visa under the Investor<br />
2 Category by tendering an Expression of Interest (EOI) to <strong>Immigration</strong> <strong>New</strong> <strong>Zealand</strong> in<br />
the prescribed manner. The prescribed manner for completing and submitting an EOI is<br />
that the person expressing interest submits to a business immigration specialist:<br />
i a completed Investor 2 Category Expression of Interest Form (INZ 1165); and<br />
ii the appropriate fee.<br />
b. Through completion of an EOI, a person:<br />
i provides information regarding their: identity (see A2), health (see A4), character (see<br />
A5) and settlement funds (see BJ5.45); and
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ii provides information about their English language ability in accordance with the<br />
requirements for English language ability set out at BJ5.15 and BJ5.35 of these<br />
instructions; and<br />
iii claims points for age, business experience, English language, and investment funds (in<br />
accordance with requirements set out in BJ4 of the Investor 2 Category).<br />
c. It is the responsibility of the person submitting the EOI to ensure that it is correct in all<br />
material respects.<br />
BJ4.5 Implications of providing false or misleading information<br />
See also <strong>Immigration</strong> Act 2009 ss 93, 157, 158<br />
a. The <strong>Immigration</strong> Act 2009 provides that:<br />
Effective 29/11/2010<br />
i the provision of false or misleading information as part of an Expression of Interest<br />
(EOI) or associated submission; or<br />
ii the withholding of relevant, potentially prejudicial information from an EOI or<br />
associated submission; or<br />
iii failure to advise an immigration officer of any fact or material change in circumstances<br />
that occurs after an EOI is lodged that may affect a decision to invite the person to<br />
apply for a resident visa or to grant a resident visa,<br />
is sufficient grounds for the decline of an application for a resident visa and for the holder<br />
of a residence class or temporary class visa to become liable for deportation.<br />
b. Information relating to a claim made in an EOI that is factually inaccurate and is relevant<br />
to the issuing of an Invitation to Apply or the assessment of a resident visa application,<br />
will be considered misleading.<br />
BJ4.15 Submission of Expressions of Interest to the Pool<br />
See previous instructions BJ4.15 Effective 29/11/2010<br />
See also <strong>Immigration</strong> Act 2009 s 92<br />
Effective 29/11/2010<br />
Expressions of Interest submitted in the prescribed manner may be entered into a Pool of<br />
Expressions of Interest (the Pool) if the person expressing interest:<br />
a. has confirmed that health and character requirements for entry to the Pool have been met<br />
because none of the people included in their Expression of Interest are people who:<br />
i would not be granted a medical waiver (see A4.60); or<br />
ii are described in sections 15 and 16 of the <strong>Immigration</strong> Act 2009 (see A5.20); and<br />
b. has claimed points for a minimum overall band score of IELTS 3 for English language<br />
ability (see BJ5.35); and<br />
c. has confirmed that they are aged 65 years or younger (see BJ5.25); and<br />
d. has claimed points for a minimum of three years of business experience (see BJ5.30); and<br />
e. has claimed points for a minimum of NZ$1.5 million of investment funds (see BJ5.40); and
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f. has confirmed that they legally own NZ$1 million of settlement funds in addition to the<br />
$1.5 million investment funds (see BJ5.45).<br />
BJ4.20 Selection of Expressions of Interest<br />
Effective 30/07/2012<br />
a. As Expressions of Interest are entered into the Pool they will be ranked on the basis of<br />
total points claimed for age, business experience, English language ability, and investment<br />
funds in accordance with the points allocated to these factors under the Investor 2<br />
Category. The ranking of Expressions of Interest relative to each other will change as<br />
Expressions of Interest enter, or are withdrawn from, the Pool.<br />
b. Expressions of Interest will be selected from the Pool according to their points ranking in<br />
sufficient numbers to meet the requirements of <strong>New</strong> <strong>Zealand</strong>’s <strong>Residence</strong> Programme.<br />
BJ4.25 Currency of an Expression of Interest<br />
Effective 29/11/2010<br />
a. An Expression of Interest (EOI) is current for a period of six months from the date of initial<br />
submission to the Pool unless no Pool selection of EOIs has occurred within that six-month<br />
period. Where this is the case, the EOI is current until such time as a selection from the<br />
Pool has occurred.<br />
b. An EOI that is no longer current will be withdrawn from the Pool.<br />
c. Notwithstanding (a), the Branch Manager of the Business Migration Branch can, if<br />
necessary, in relation to managing the number of places available under the Migrant<br />
Investment Categories, extend the currency of an EOI beyond the six-month timeframe.<br />
d. An EOI will also be withdrawn from the Pool if it is rejected after selection because it does<br />
not meet prerequisites for entry to the Pool and as a result no Invitation to Apply is issued.<br />
Effective 29/11/2010<br />
BJ4.30 Invitation to Apply for a resident visa under the Investor 2 Category<br />
See also <strong>Immigration</strong> Act 2009 s 94<br />
a. People whose Expressions of Interest (EOI) have been selected from the Pool may be<br />
issued with an Invitation to Apply (ITA) for a resident visa under the Investor 2 Category<br />
if:<br />
i the information provided does not indicate the presence of any health or character<br />
issues which may adversely affect their ability to be granted a resident visa under the<br />
Investor 2 Category; and<br />
ii a business immigration specialist considers that the person's claims in regards to:<br />
points for age, business experience, English language ability, investment funds; and<br />
settlement funds,<br />
which were the basis for selection from the Pool, are credible.<br />
b. A business immigration specialist may seek further evidence, information or submissions<br />
from a person whose EOI has been selected from the Pool, for the purpose of determining<br />
whether to issue them with an ITA under the Investor 2 Category.<br />
c. A business immigration specialist's decision to issue an ITA for a resident visa under the<br />
Investor 2 Category (based on information, evidence and submissions provided prior to<br />
application) does not guarantee:<br />
i that the points claimed by the applicant will be awarded; or
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ii a positive assessment in respect of health, character, English language, or any other<br />
requirements, of any subsequent application for a resident visa; or<br />
iii that the person will be granted a resident visa.<br />
d. The selection of an EOI from the Pool may not result in an ITA for a resident visa under<br />
the Investor 2 Category.<br />
e. The issue of an ITA does not guarantee that a resident visa will be granted.<br />
BJ5 Investor 2 Category (Summary of Requirements)<br />
BJ5.1 Ability to apply<br />
See also <strong>Immigration</strong> Act 2009 ss 57, 94<br />
A person may only apply for a resident visa under the Investor 2 Category if:<br />
Effective 29/11/2010<br />
a. they have been issued with an Invitation to Apply (ITA) under the Investor 2 Category;<br />
and<br />
b. they apply for a resident visa under the Investor 2 Category within four months of the<br />
date of the letter in which that invitation is made; and<br />
c. that ITA has not been revoked.<br />
BJ5.5 Approval of applications under the Investor 2 Category<br />
a. Principal applicants under the Investor 2 Category are assessed against:<br />
i age, health, character and English language requirements; and<br />
ii investment and settlement fund requirements; and<br />
iii business experience requirements.<br />
b. For an application under the Investor 2 category to be approved:<br />
Effective 29/11/2010<br />
i the principal applicant and family members included in the application must meet<br />
health and character requirements; and<br />
ii the principal applicant must qualify for the points on the basis of which their EOI was<br />
selected from the Pool; and<br />
iii the principal applicant must be aged 65 years or younger; and<br />
iv the principal applicant must have a minimum of three years of business experience;<br />
and<br />
v the principal applicant must have a minimum overall band score of IELTS 3 for English<br />
language ability; and<br />
vi the principal applicant must nominate investment funds and/or assets equivalent in<br />
value to at least NZ$1.5 million; and<br />
vii the principal applicant must nominate NZ$1 million of settlement funds; and<br />
viii the principal applicant must demonstrate ownership of the nominated funds and/or<br />
assets and that they have been legally earned or acquired.<br />
c. Despite BJ5.5(b)(ii) above, if a principal applicant does not qualify for the points for<br />
business experience and nominated investment funds on the basis of which their EOI was
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selected from the Pool (see BJ4.20), a business immigration specialist may, on a case by<br />
case basis, determine that the application may nevertheless be approved, where the<br />
principal applicant has satisfied a business immigration specialist that there was a<br />
reasonable basis for making the claim for points in the Expression of Interest and that in<br />
making that claim there was no fraud, or intent to provide false or misleading information.<br />
BJ5.10 Health and character requirements<br />
Effective 29/11/2010<br />
Applicants under the Investor 2 Category must meet health and character requirements (see<br />
A4 and A5).<br />
BJ5.15 English language requirements<br />
Effective 29/11/2010<br />
a. Principal applicants under the Investor 2 Category must meet a minimum standard of<br />
English (see BJ5.35).<br />
b. Any partner or dependent children aged 16 years and over who are included in a Investor<br />
2 Category application must meet a minimum standard of English or pre-purchase ESOL<br />
tuition (see BF1.1).<br />
BJ5.20 Investor 2 Category points system<br />
Effective 29/11/2010<br />
a. Age, business experience, English language ability, and nominated investment funds are<br />
assessed using a points system.<br />
b. An application for a resident visa under the Investor 2 Category will be declined if a<br />
principal applicant does not qualify for the points for business experience and nominated<br />
investment funds on the basis of which their Expression of Interest was selected from the<br />
Pool, unless BJ5.5(c) applies<br />
BJ5.25 Age<br />
Effective 29/11/2010<br />
a. Principal applicants under the Investor 2 Category must be aged 65 years or younger at<br />
the time of application.<br />
b. A principal applicant's age under the Investor 2 Category qualifies for points as follows:<br />
Points<br />
Age Points Age<br />
60 - 65 0 42 18<br />
59 1 41 19<br />
58 2 40 20<br />
57 3 39 21<br />
56 4 38 22<br />
55 5 37 23<br />
54 6 36 24<br />
53 7 35 25<br />
52 8 34 26
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51 9 33 27<br />
50 10 32 28<br />
49 11 31 29<br />
48 12 30 30<br />
47 13 29 31<br />
46 14 28 32<br />
45 15 27 33<br />
44 16 26 34<br />
43 17<br />
BJ5.25.1 Evidence of age<br />
25 or<br />
below 35<br />
Evidence of age may include, but is not limited to, original or certified copies of:<br />
a. a birth certificate; or<br />
b. a passport or other travel document; or<br />
c. an identity document (from countries which require these and where birth details are<br />
confirmed before the document is issued).<br />
BJ5.30 Business experience<br />
See previous instructions BJ5.30 Effective 29/11/2010<br />
a. Principal applicants must have a minimum of three years of recognised business<br />
experience.<br />
b. Recognised business experience qualifies for points as set out below:<br />
Business<br />
Experience<br />
years Points<br />
3 9<br />
4 12<br />
5 15<br />
6 18<br />
7 21<br />
8 24<br />
9 27<br />
10+ 30<br />
BJ5.30.1 Basic rules for business experience<br />
Effective 29/11/2010<br />
a. Business experience is recognised for the award of points if it is experience in planning,<br />
organisation, control, senior change-management, direction-setting and mentoring<br />
acquired through ownership of, or management level experience in, a lawful business
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enterprise that has at least five full-time employees or an annual turn-over of NZ$1<br />
million.<br />
b. A principal applicant is considered to own a business if they own at least 25 percent of a<br />
business.<br />
c. A lawful business enterprise is an organisation that:<br />
i operates lawfully in a commercial environment with the goal of returning a profit; and<br />
ii is not set up primarily for passive or speculative purposes.<br />
BJ5.30.5 Length of business experience<br />
a. The length of business experience is determined on the basis of full-time business<br />
experience of at least 30 hours per week. Credit for part-time business experience may be<br />
given on a proportional basis.<br />
Example: Business experience gained over eight years for 15 hours per week would equal<br />
four years' business experience based on a 30-hour week.<br />
b. Credit is given for 30 hour weeks only, even where a principal applicant has worked more<br />
than 30 hours in any week.<br />
BJ5.30.10 Evidence of the principal applicant's business experience<br />
a. Documents submitted as evidence of the principal applicant's business experience must<br />
show the position(s) and the responsibilities held.<br />
b. Evidence of the principal applicant's business experience can include, but is not limited to,<br />
original or certified copies of the following documents as are necessary to allow a business<br />
immigration specialist to make a decision:<br />
i business registration<br />
ii company financial accounts<br />
iii company tax returns and tax records<br />
iv shareholder certificates or proof of ownership of business<br />
v job specifications<br />
vi job assessments<br />
vii personal tax returns<br />
viii letters of appointment<br />
ix certificates of service<br />
x strategic planning documents<br />
xi references from employers on company letterhead, stating the occupation and dates<br />
of employment, and giving the contact phone number and address of the employer.<br />
c. A business immigration specialist may require additional documents, evidence and<br />
information as they consider necessary to determine an application.<br />
d. Evidence of part-time business experience includes that listed in paragraph (b) above, but<br />
must show actual weekly hours worked.
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Note: Documents provided as evidence of business experience must, in combination,<br />
demonstrate experience of all the elements contained within the requirements for recognition<br />
of the business experience (see BJ5.30.1).<br />
Note: <strong>New</strong> <strong>Zealand</strong> business experience must be lawfully gained.<br />
BJ5.35 English language ability<br />
Effective 25/07/2011<br />
a. Principal applicants must have a minimum overall band score of IELTS 3 for English<br />
language ability.<br />
b. English language ability qualifies for points as follows:<br />
IELTS overall Points<br />
band score<br />
3 1<br />
4 4<br />
5+ 10<br />
BJ5.35.1 Evidence of English language ability<br />
a. Unless claiming 10 points for IELTS 5 or more, Principal applicants must provide a<br />
certificate (no more than 2 years old at the time the application is lodged) from the<br />
International English Language Testing System (IELTS), which shows overall band scores<br />
of 3 or 4 or more in the IELTS General or Academic Module.<br />
b. Principal applicants claiming 10 points for IELTS 5 or more must provide one of the<br />
following:<br />
i a certificate (no more than 2 years old at the time the application is lodged) from the<br />
International English Language Testing System (IELTS), which shows an overall band<br />
score of 5 or more in the IELTS General or Academic Module; or<br />
ii evidence that they have an English-speaking background (see BF2.1) which is<br />
accepted by a business immigration specialist as meeting the standard of English for<br />
which 10 points can be awarded; or<br />
iii other evidence which satisfies a business immigration specialist that, taking account of<br />
that evidence and all the circumstances of the application, the person meets the<br />
standard of English for which 10 points can be awarded. Evidence may include but is<br />
not limited to:<br />
the country in which the applicant currently resides;<br />
the country(ies) in which the applicant has previously resided;<br />
the duration of residence in each country;<br />
the nature of the applicant's current or previous employment (if any) and whether it<br />
required or was likely to have required skill in English language;<br />
the nature of the applicant's qualifications (if any) and whether the obtaining of<br />
those qualifications was likely to have required skill in English language.<br />
c. In any case under (b) (ii) or (iii), a business immigration specialist may require an<br />
applicant to provide an IELTS certificate in terms of paragraph (b)(i). In such cases, the<br />
IELTS certificate will be used to determine whether the applicant can be awarded 10 points<br />
for English language ability.
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Note: IELTS is an international organisation that provides an assessment of ability in English.<br />
Its General and Academic Modules provide band totals (test results) showing overall ability as<br />
well as performance in listening, reading, writing and speaking.<br />
BJ5.40 Investment funds<br />
See previous instructions BJ5.40 Effective 29/11/2010<br />
Effective 29/11/2010<br />
a. The principal applicant must nominate a minimum of NZ$1.5 million to invest in <strong>New</strong><br />
<strong>Zealand</strong>.<br />
b. Points can be claimed for the amount of funds the principal applicant intends to invest in<br />
<strong>New</strong> <strong>Zealand</strong>.<br />
c. The principal applicant must:<br />
i nominate funds and/or assets equivalent to the amount that they wish to invest in<br />
<strong>New</strong> <strong>Zealand</strong>; and<br />
ii demonstrate ownership of the nominated funds and/or assets (see BJ5.40.1 below);<br />
and<br />
iii demonstrate that the nominated funds and/or assets have been earned or acquired<br />
legally (see BJ5.40.1 (c) below).<br />
d. All invested funds must meet the conditions of an acceptable investment set out in BJ5.50.<br />
e. Investment funds qualify for points as follows:<br />
Investment<br />
Amount<br />
(NZ$M) Points<br />
Investment<br />
Amount<br />
(NZ$M) Points<br />
$1.50 10 $5.75 95<br />
$1.75 15 $6 100<br />
$2 20 $6.25 105<br />
$2.25 25 $6.5 110<br />
$2.5 30 $6.75 115<br />
$2.75 35 $7 120<br />
$3 40 $7.25 125<br />
$3.25 45 $7.5 130<br />
$3.5 50 $7.75 135<br />
$3.75 55 $8 140<br />
$4 60 $8.25 145<br />
$4.25 65 $8.5 150<br />
$4.5 70 $8.75 155<br />
$4.75 75 $9 160<br />
$5 80 $9.25 165<br />
$5.25 85 $9.5 170<br />
$5.5 90 $9.75 175
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BJ5.40.1 Ownership of nominated funds and/or assets<br />
a. Nominated funds and/or assets may be owned either:<br />
i solely by the principal applicant; or<br />
ii jointly by the principal applicant and partner who are included in the resident visa<br />
application, provided a business immigration specialist is satisfied the principal<br />
applicant and partner have been living together for 12 months or more in a<br />
partnership that is genuine and stable (see R2.1.15 and R2.1.15.1 (b) and R2.1.15.5<br />
(a)(i)); or<br />
iii jointly by the principal applicant and dependent children who are included in the<br />
resident visa application.<br />
If so, the principal applicant may claim the full value of such jointly owned funds or assets<br />
for assessment purposes.<br />
b. If nominated funds and/or assets are held jointly by the principal applicant and a person<br />
other than their partner or dependent child, the principal applicant may only claim the<br />
value of that portion of funds and/or assets for which they provide evidence of ownership.<br />
c. The principal applicant may only nominate funds and/or assets that they earned or<br />
acquired legally, including funds and/or assets which have been gifted to them<br />
unconditionally and in accordance with local law. Where nominated funds and/or assets<br />
have been gifted to the principal applicant a business immigration specialist must be<br />
satisfied that the funds and/or assets being gifted were earned lawfully by the person/s<br />
gifting the funds and/or assets.<br />
d. The nominated funds and/or assets must be unencumbered.<br />
e. The nominated funds and/or assets must not be borrowed.<br />
BJ5.40.5 Definition of 'funds earned or acquired legally'<br />
a. Funds and/or assets earned or acquired legally are funds and/or assets earned or acquired<br />
in accordance with the laws of the country in which they were earned or acquired.<br />
b. Business immigration specialists have discretion to decline an application if they are<br />
satisfied that, had the funds and/or assets been earned or acquired in the same manner in<br />
<strong>New</strong> <strong>Zealand</strong>, they would have been earned or acquired contrary to the criminal law of<br />
<strong>New</strong> <strong>Zealand</strong>.<br />
BJ5.40.10 Definition of 'unencumbered funds'<br />
Unencumbered funds are funds that are not subject to any mortgage, lien, charge and/or<br />
encumbrance (whether equitable or otherwise) or any other creditor claims.<br />
BJ5.40.15 Funds already held in <strong>New</strong> <strong>Zealand</strong><br />
a. Funds held in <strong>New</strong> <strong>Zealand</strong> at the time the application is made may be included in<br />
investment funds, however, periods of investment in <strong>New</strong> <strong>Zealand</strong> before approval in<br />
principle cannot be taken into account when calculating the four-year investment period.<br />
b. Funds held in <strong>New</strong> <strong>Zealand</strong> must originally have been transferred to <strong>New</strong> <strong>Zealand</strong> through<br />
the banking system, or a foreign exchange company that uses the banking system from<br />
the country or countries in which they were earned or acquired legally, or have been<br />
earned or acquired legally in <strong>New</strong> <strong>Zealand</strong>.
INZ Operational Manual <strong>Residence</strong><br />
BJ5.40.20 Evidence of the principal applicant's nominated funds and assets<br />
a. Principal applicants must provide evidence of net funds and/or assets to the value of the<br />
required investment funds.<br />
b. Principal applicants must provide evidence to the satisfaction of a business immigration<br />
specialist that the nominated funds and/or assets were earned or acquired legally.<br />
c. All documents provided as valuations of assets must be:<br />
i no more than three months old at the date the resident visa application is made; and<br />
ii produced by a reliable independent agency.<br />
d. A business immigration specialist may seek further evidence if they:<br />
i are not satisfied that the nominated funds and/or assets were earned or acquired<br />
legally; or<br />
ii consider that the nominated funds and/or assets may have been gifted or borrowed;<br />
or<br />
iii are not satisfied with the valuation provided; or<br />
iv consider that the nominated funds and/or assets fail in some other way to meet the<br />
rules for investment funds.<br />
Effective 25/07/2011<br />
BJ5.45 Settlement funds<br />
BJ5.45.1 Aim and Intent<br />
Principal applicants under the Investor 2 Category must demonstrate that they have the ability<br />
to support themselves, their partner, and/or dependent children (see R2.1.30) who are<br />
included in the resident visa application during the four year investment period in <strong>New</strong><br />
<strong>Zealand</strong>.<br />
BJ5.45.5 Requirement for settlement funds<br />
Principal applicants must demonstrate ownership of a minimum of NZ$1 million in addition to<br />
their nominated investment funds.<br />
BJ5.45.10 Ownership of settlement funds<br />
a. Funds may be owned either:<br />
i solely by the principal applicant; or<br />
ii jointly by the principal applicant and partner and/or dependent children (see R2.1.30)<br />
who are included in the resident visa application.<br />
b. The principal applicant may claim the full value of jointly owned funds or assets for<br />
assessment purposes provided a business immigration specialist is satisfied the principal<br />
applicant and partner have been living together for 12 months or more in a genuine and<br />
stable partnership (see R2.1.15, R2.1.15.1 (b) and R2.1.15.5 (a) (i)).<br />
c. If funds or assets are held jointly by the principal applicant and a person other than their<br />
partner or dependent child, the principal applicant may only claim the value of that portion<br />
of the funds or assets for which they provide evidence of ownership.
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BJ5.45.15 Evidence of settlement funds<br />
Evidence of settlement funds may include, but is not limited to:<br />
a. funds held in a <strong>New</strong> <strong>Zealand</strong> bank account(s); and/or<br />
b. funds held in an offshore bank account(s), together with evidence that the funds can be<br />
accessed from <strong>New</strong> <strong>Zealand</strong>; and/or<br />
c. acceptable evidence of net assets (either in <strong>New</strong> <strong>Zealand</strong> or offshore).<br />
BJ5.50 Definition of ‘acceptable investment’<br />
See previous instructions:<br />
BJ5.50 Effective 25/07/2011<br />
BJ5.50 Effective 29/11/2010<br />
a. An acceptable investment means an investment that:<br />
i is capable of a commercial return under normal circumstances; and<br />
ii is not for the personal use of the applicant(s) (see BJ5.50.1 below); and<br />
iii is invested in <strong>New</strong> <strong>Zealand</strong> in <strong>New</strong> <strong>Zealand</strong> currency; and<br />
Effective 29/11/2010<br />
iv is invested in lawful enterprises or managed funds (see BJ5.50.5) that comply with all<br />
relevant laws in force in <strong>New</strong> <strong>Zealand</strong>; and<br />
v has the potential to contribute to <strong>New</strong> <strong>Zealand</strong>'s economy; and<br />
vi is invested in either one or more of the following:<br />
bonds issued by the <strong>New</strong> <strong>Zealand</strong> government or local authorities; or<br />
bonds issued by <strong>New</strong> <strong>Zealand</strong> firms traded on the <strong>New</strong> <strong>Zealand</strong> Debt Securities<br />
Market (NZDX); or<br />
bonds issued by <strong>New</strong> <strong>Zealand</strong> firms with at least a BBB- or equivalent rating from<br />
internationally recognised credit rating agencies (for example, Standard and Poor's);<br />
or<br />
equity in <strong>New</strong> <strong>Zealand</strong> firms (public or private including managed funds); or<br />
bonds issued by <strong>New</strong> <strong>Zealand</strong> registered banks; or<br />
equities in <strong>New</strong> <strong>Zealand</strong> registered banks; or<br />
residential property development(s) (see BJ5.50.10) or<br />
bonds in finance companies (see BJ5.50 (c)).<br />
Note: For the purposes of these instructions, convertible notes are considered to be an equity investment.<br />
<strong>New</strong> <strong>Zealand</strong> registered banks are defined by the <strong>New</strong> <strong>Zealand</strong> Reserve Bank Act 1989.<br />
b. Notwithstanding (a) above, where an investment fails to meet one of the acceptable<br />
investment requirements, a business immigration specialist may consider, on a case by<br />
case basis, whether the failure was beyond the control of the principal applicant and if<br />
satisfied that this was the case, may consider the investment acceptable.<br />
c. A Business <strong>Immigration</strong> Specialist may consider bonds in finance companies as an<br />
acceptable investment where the finance company:<br />
i is a wholly-owned subsidiary of,<br />
ii raises capital solely for, and<br />
iii has all its debt securities unconditionally guaranteed by<br />
a <strong>New</strong> <strong>Zealand</strong> Stock Exchange listed company or a local authority.
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Note: The value of an investment is based on the net purchase price (for example, less any<br />
accrued interest, commission, brokerage and/or trade levy), not on the face value of the<br />
investment.<br />
BJ5.50.1 Personal use of investment funds<br />
Personal use includes investment in assets such as a personal residence, car, boat or similar.<br />
BJ5.50.5 Managed funds<br />
a. For the purposes of these instructions, managed funds are defined as either:<br />
i a managed fund investment product offered by a financial institution; or<br />
ii funds invested in equities that are managed on an investor's behalf by a fund manager<br />
or broker.<br />
b. In order to be acceptable as a form of investment managed funds must be invested only in<br />
<strong>New</strong> <strong>Zealand</strong> companies. Managed fund investments in <strong>New</strong> <strong>Zealand</strong> with international<br />
exposure are acceptable only for the proportion of the investment that is invested in <strong>New</strong><br />
<strong>Zealand</strong> companies.<br />
Example: Only 50 percent of a managed fund that equally invests in <strong>New</strong> <strong>Zealand</strong> and<br />
international equities would be deemed to be an acceptable investment as set out in BJ5.50.5<br />
BJ5.50.10 Residential property development<br />
For the purposes of these instructions, residential property development(s) is defined as<br />
property(ies) in which people reside and is subject to the following conditions:<br />
a. the residential property must be in the form of new developments on either new or<br />
existing sites; and<br />
b. the residential property(ies) cannot include renovation or extension to existing dwellings;<br />
and<br />
c. the new developments must have been approved and gained any required consents by any<br />
relevant regulatory authorities (including local authorities); and<br />
d. the purpose of the residential property investments must be to make a commercial return<br />
on the open market; and<br />
e. neither the family, relatives, nor anyone associated with the principal investor, may reside<br />
in the development; and<br />
f. the costs associated with obtaining any regulatory approval (including any resource or<br />
building consents) are not part of the principal applicant’s acceptable investments.<br />
BJ6 Summary of points for the Investor 2 category<br />
Point<br />
Point<br />
Age s<br />
Age s<br />
60 - 65 0 42 18<br />
59 1 41 19<br />
58 2 40 20<br />
Effective: 07/11/2011
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57 3 39 21<br />
56 4 38 22<br />
55 5 37 23<br />
54 6 36 24<br />
53 7 35 25<br />
52 8 34 26<br />
51 9 33 27<br />
50 10 32 28<br />
49 11 31 29<br />
48 12 30 30<br />
47 13 29 31<br />
46 14 28 32<br />
45 15 27 33<br />
44 16 26 34<br />
43 17<br />
Business<br />
Experience<br />
years Points<br />
3 9<br />
4 12<br />
5 15<br />
6 18<br />
7 21<br />
8 24<br />
9 27<br />
10+ 30<br />
IELTS overall Points<br />
band score<br />
3 1<br />
4 4<br />
5+ 10<br />
Investment<br />
Amount<br />
(NZ$M) Points<br />
25 or<br />
below 35<br />
Investment<br />
Amount<br />
(NZ$M) Points<br />
$1.50 10 $5.75 95
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$1.75 15 $6 100<br />
$2 20 $6.25 105<br />
$2.25 25 $6.5 110<br />
$2.5 30 $6.75 115<br />
$2.75 35 $7 120<br />
$3 40 $7.25 125<br />
$3.25 45 $7.5 130<br />
$3.5 50 $7.75 135<br />
$3.75 55 $8 140<br />
$4 60 $8.25 145<br />
$4.25 65 $8.5 150<br />
$4.5 70 $8.75 155<br />
$4.75 75 $9 160<br />
$5 80 $9.25 165<br />
$5.25 85 $9.5 170<br />
$5.5 90 $9.75 175<br />
BJ7 Approval in principle and transfer of funds<br />
BJ7.1 Aim and intent<br />
Effective 29/11/2010<br />
The instructions regarding the nominated investment funds and/or assets and the method of<br />
transfer of those funds to <strong>New</strong> <strong>Zealand</strong> are designed to ensure:<br />
a. the legitimacy and lawful ownership of the nominated funds and/or assets; and<br />
b. the direct transfer of the investment funds through a structured and prescribed process to<br />
guarantee ongoing legitimacy and lawful ownership of the funds invested in <strong>New</strong> <strong>Zealand</strong>.<br />
BJ7.5 Approval in principle<br />
Principal applicants who are assessed as meeting the requirements under either:<br />
a. the Investor 1 Category set out at BJ3 (b) i – iii; or<br />
b. the Investor 2 Category set out at BJ5.5(b) i - viii.<br />
will be advised that:<br />
i their application has been approved in principle; and<br />
Effective 29/11/2010<br />
ii resident visas may be granted once they:<br />
provide acceptable evidence of having transferred and invested the nominated funds<br />
in accordance with the relevant instructions; and
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provide a <strong>New</strong> <strong>Zealand</strong> address at which they can be contacted by mail, after they<br />
arrive in <strong>New</strong> <strong>Zealand</strong>; and<br />
pay any applicable migrant levy and, if applicable, submit evidence that any<br />
applicant aged 16 or over in the Investor 2 Category meets the English language<br />
requirement; and<br />
iii resident visas will be granted subject to conditions under section 49(1) of the<br />
<strong>Immigration</strong> Act 2009.<br />
BJ7.10 Transfer of the nominated investment funds<br />
See previous instructions BJ7.10 Effective 29/11/2010<br />
Effective 29/11/2010<br />
a. When their application is approved in principle, the principal applicant will be required to<br />
transfer the nominated investment funds to <strong>New</strong> <strong>Zealand</strong>. These funds must:<br />
i be the funds initially nominated, or the funds that result from the sale of the same<br />
assets as those initially nominated, in the resident visa application; or<br />
ii be funds, in the case of the Investor 1 Category as agreed to by a business<br />
immigration specialist, secured against the nominated assets in the resident visa<br />
application and as approved in accordance with (b) below; and<br />
iii be transferred through the banking system directly from the principal applicant's bank<br />
account(s) to <strong>New</strong> <strong>Zealand</strong>; or<br />
iv be transferred by a foreign exchange company to <strong>New</strong> <strong>Zealand</strong> through the banking<br />
system. Business immigration specialists may not accept the transferred funds if the<br />
applicant cannot provide satisfactory evidence of the following:<br />
the nominated investment funds have been transferred to the foreign exchange<br />
company directly from the principal applicant’s bank account(s); and<br />
the nominated investment funds have not been transferred through the foreign<br />
exchange company contrary to the laws of <strong>New</strong> <strong>Zealand</strong>; and<br />
nominated investment funds transferred are traceable; and<br />
cash transactions were not made; and<br />
the foreign exchange company is not suspected of, or proven to have committed<br />
fraudulent activity or financial impropriety in any country it operates from or in.<br />
b. Under the Investor 1 Category, a business immigration specialist may consider, on a case<br />
by case basis, borrowed funds as acceptable investment funds where the principal<br />
applicant is able to demonstrate that:<br />
i they own net assets equal or greater in value to the required investment amount; and<br />
ii the borrowed investment funds will be from a bank or commercial lending institution<br />
acceptable to a business immigration specialist and will be secured against the assets<br />
identified under (i); and<br />
iii it is not economically viable or practical to liquidate the nominated assets. eg sell a<br />
business.<br />
c. The investment funds that are transferred to <strong>New</strong> <strong>Zealand</strong> and subsequently into an<br />
acceptable investment must be from the same source of funds as nominated in the<br />
resident visa application.
INZ Operational Manual <strong>Residence</strong><br />
Note: Nominated funds held in a country other than the country in which they were earned or<br />
acquired legally must have been originally transferred through the banking system, or a<br />
foreign exchange company that uses the banking system from that country.<br />
Effective 25/07/2011<br />
BJ7.15 Evidence of the transfer of the nominated funds to <strong>New</strong> <strong>Zealand</strong><br />
a. Acceptable evidence of the transfer of the nominated funds must be provided by way of<br />
the telegraphic transfer documentation together with a current bank statement showing<br />
the transfer(s).<br />
b. A business immigration specialist may request any other information to satisfy them that<br />
the above requirements have been met.<br />
BJ7.20 Timeframe for investing funds in <strong>New</strong> <strong>Zealand</strong><br />
See previous instructions BJ7.20 Effective 29/11/2010<br />
Effective 29/11/2010<br />
a. Principal applicants must meet the requirements for transferring and investing the<br />
nominated funds within 12 months of the date of the letter advising of approval in<br />
principle.<br />
b. Applications for a resident visa must be declined if principal applicants do not present<br />
acceptable evidence of having transferred and invested the nominated funds within 12<br />
months (or up to a maximum of 24 months for Investor 1 applicants, or 18 months for<br />
Investor applicants if an extension is granted, see BJ7.20.1 below) from the date of<br />
approval in principle.<br />
BJ7.20.1 Extending the timeframe for investing funds in <strong>New</strong> <strong>Zealand</strong><br />
a. Principal applicants may request an extension to their transfer and investment period (see<br />
BJ7.20) for up to a further 12 months for Investor 1 applicants, or 6 months for Investor 2<br />
applicants.<br />
b. If a principal applicant wishes to request an extension to the timeframe for transferring<br />
and investing the nominated investment funds to <strong>New</strong> <strong>Zealand</strong> they must contact the<br />
Business Migration Branch of <strong>Immigration</strong> <strong>New</strong> <strong>Zealand</strong> within 12 months of the date of<br />
the letter advising of approval in principle and present evidence of reasonable attempts to<br />
transfer the nominated investment funds to <strong>New</strong> <strong>Zealand</strong>.<br />
c. Following a principal applicant’s presentation of evidence a business immigration specialist<br />
may:<br />
i grant an extension to the transfer and investment period if they believe the evidence<br />
shows the principal applicant has made reasonable attempts to transfer and invest<br />
nominated investment funds within the 12 month time period; or<br />
ii decline to grant an extension to the transfer and investment period if they believe the<br />
principal applicant has not made reasonable attempts to transfer and invest<br />
nominated investment funds within the 12 month time period.<br />
BJ7.25 When the investment period begins<br />
Effective 25/07/2011<br />
a. If the investment already meets the investment requirements, the required investment<br />
period begins on the date of the letter of advising approval in principle.
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b. If the investment is made after approval in principle, the required investment period will<br />
begin on the date the investment requirements are met.<br />
c. The date the investment period begins is specified in the letter to the successful principal<br />
applicant that advises the conditions on their resident visa (see BJ8.10).<br />
BJ7.30 Evidence of the principal applicant's investment<br />
Effective 29/11/2010<br />
a. Principal applicants must submit the following information and documentation as evidence<br />
of having invested funds:<br />
i the full name of the investor; and<br />
ii the amount invested in <strong>New</strong> <strong>Zealand</strong> dollars; and<br />
iii the date the investment was made; and<br />
iv the type of investment (in the case of shares or bonds in companies, the names of the<br />
companies invested in and the number of shares or bonds purchased must be listed);<br />
and<br />
v documentary evidence of the investment; and<br />
vi a letter from a reliable independent professional (for example, a solicitor or chartered<br />
accountant), confirming that the funds have been invested.<br />
b. A business immigration specialist, at their discretion, may require any other form of<br />
evidence.<br />
Effective 29/11/2010<br />
BJ7.40 Temporary visa to arrange transfer and/or investment of funds<br />
See previous instructions BJ7.40 Effective 29/11/2010<br />
a. After approval in principle, and upon application, a work visa may be granted to allow the<br />
principal applicant to arrange the transfer to, and investment of funds in, <strong>New</strong> <strong>Zealand</strong>.<br />
b. The work visa will be granted with travel conditions allowing for multiple journeys to <strong>New</strong><br />
<strong>Zealand</strong> for 12 months after approval in principle has been given. A further visa endorsed<br />
with travel conditions allowing for multiple journeys may be granted upon application for<br />
up to a further 12 months for Investor 1 applicants, or a further 6 months for Investor 2<br />
applicants (see BJ7.20).<br />
c. On application, visitor's visas may be granted for the same period to the principal<br />
applicant's partner and dependants (see WS2(c)).<br />
d. Student visas may be granted for the same period on application to those of the principal<br />
applicant's dependants who wish to study, in accordance with current student instructions<br />
(see U8).<br />
BJ8 Resident visas<br />
BJ8.1 Issue of resident visas<br />
a. Resident visas may only be granted once principal applicants have:<br />
i met the transfer requirements set out at BJ7.10; and<br />
Effective: 07/11/2011
INZ Operational Manual <strong>Residence</strong><br />
ii placed the funds into an acceptable investment; and<br />
iii paid any applicable migrant levy (see R5.90); and<br />
iv paid any applicable ESOL tuition fee(s) (see BF3.15).<br />
b. Resident visas will be granted subject to conditions under section 49(1) of the <strong>Immigration</strong><br />
Act 2009 in accordance with the instructions set out at BJ8.10.<br />
Effective 29/11/2010<br />
BJ8.10 Resident visas subject to conditions under section 49(1) of the<br />
<strong>Immigration</strong> Act<br />
See also <strong>Immigration</strong> Act 2009 s 49<br />
All resident visas granted under one of the Migrant Investment Categories must subject to the<br />
following conditions under section 49(1) of the <strong>Immigration</strong> Act 2009:<br />
a. that the principal applicant retains an acceptable investment in <strong>New</strong> <strong>Zealand</strong> for a<br />
minimum of three years under the Investor 1 Category or four years under the Investor 2<br />
Category and spends a minimum period of time in <strong>New</strong> <strong>Zealand</strong> during the required<br />
investment period (see BJ8.15); and<br />
b. that the principal applicant informs the nearest branch of INZ of any changes of <strong>New</strong><br />
<strong>Zealand</strong> address during the investment period; and<br />
c. that a principal applicant who was awarded 1 point for English language ability (IELTS 3)<br />
under the Investor 2 Category, must complete a minimum 20 hours of English language<br />
tuition with a <strong>New</strong> <strong>Zealand</strong> registered school or tertiary education provider as defined in<br />
the Education Act 1989 within the four year investment period; and<br />
d. at the two-year anniversary of the investment period, the principal applicant submits<br />
evidence that they:<br />
i are retaining an acceptable investment in <strong>New</strong> <strong>Zealand</strong>; and<br />
ii meeting minimum period of time in <strong>New</strong> <strong>Zealand</strong> requirements; and<br />
e. that within 3 months after the expiry date of the investment period, the principal applicant<br />
submit evidence to INZ that they have met requirements (i) and (iii) if applicable.<br />
Effective 29/11/2010<br />
BJ8.15 Section 49(1) condition: minimum period of time in <strong>New</strong> <strong>Zealand</strong><br />
See previous instructions:<br />
BJ8.15 Effective 25/07/2010<br />
BJ8.15 Effective 29/11/2010<br />
As set out at BJ8.10(a), the principal applicant under each category of the Migrant Investment<br />
Categories must spend a minimum period of time in <strong>New</strong> <strong>Zealand</strong> during the required<br />
investment period. The time periods are:<br />
a. Investor 1 Category – 12 percent of each of the final two years of the three year<br />
investment period (44 days per year).
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b. Investor 2 Category – 40 percent of each of the final three years of the four year<br />
investment period (146 days per year).<br />
BJ8.20 Investment transfers during the investment period<br />
Effective: 07/11/2011<br />
Investment funds may be transferred from one investment to another during the investment<br />
period, provided:<br />
a. the funds remain invested in <strong>New</strong> <strong>Zealand</strong> in <strong>New</strong> <strong>Zealand</strong> currency at all times during the<br />
investment period; and<br />
b. the investment of the funds continues, during the investment period, to meet all other<br />
requirements for investments.<br />
BJ9 Section 49(1) conditions<br />
Effective 29/11/2010<br />
BJ9.1 Reminder from <strong>Immigration</strong> <strong>New</strong> <strong>Zealand</strong> to provide evidence of<br />
section 49(1) conditions being met<br />
a. <strong>Immigration</strong> <strong>New</strong> <strong>Zealand</strong> will attempt to contact the principal applicant:<br />
i three months before the two-year anniversary; and<br />
ii three months before the expiry of the required investment period requesting evidence<br />
that section 49(1) conditions are being met.<br />
b. The evidence must be provided no later than three months after the two-year anniversary<br />
and the expiry of the required investment period.<br />
BJ9.5 End of investment period<br />
Effective 29/11/2010<br />
Conditions under section 49(1) of the <strong>Immigration</strong> Act 2009 may be cancelled if the principal<br />
applicant provides evidence of compliance within three months after the expiry date of the<br />
investment period.<br />
BJ9.10 Retention of acceptable investment<br />
Effective 29/11/2010<br />
a. The principal applicant will need to show that they have retained an acceptable investment<br />
in <strong>New</strong> <strong>Zealand</strong> for the required investment period.<br />
b. Suitable evidence will include documentation from a reliable independent professional (for<br />
example, a solicitor or chartered accountant) stating:<br />
i the full name of the investor; and<br />
ii the amount invested; and<br />
iii the date the investment was lodged; and<br />
iv the type of investment (in the case of shares or bonds, the names of the companies<br />
invested in and the number of shares or bonds purchased must be listed); and<br />
v confirmation that the funds were invested in <strong>New</strong> <strong>Zealand</strong> for the full investment<br />
period or, if transferred, the date of lodgement and withdrawal of the investment.
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c. If the principal applicant has established or purchased a shareholding or bonds in more<br />
than one business this information should be provided for each of the businesses.<br />
d. If the principal applicant has transferred funds between several organisations during the<br />
investment period, principal applicants should provide letters from every organisation they<br />
have invested with. Lodgement and withdrawal dates will be checked to ensure that funds<br />
have been held continuously in <strong>New</strong> <strong>Zealand</strong> for the required investment period.<br />
e. A business immigration specialist may request any other information in order to be<br />
satisfied that the above requirements have been met.<br />
f. Evidence that the requirements have been met includes:<br />
i submission of the evidence required by paragraphs (b) to (f) no later than three<br />
months after the two-year anniversary and the expiry date of the required investment<br />
period; and<br />
ii subsequent written confirmation on file (by a business immigration specialist) that the<br />
investment requirements have been met.<br />
BJ9.15 Minimum period of time spent in <strong>New</strong> <strong>Zealand</strong><br />
Effective 29/11/2010<br />
The principal applicant is considered to have met the time in <strong>New</strong> <strong>Zealand</strong> requirement if they<br />
have been in <strong>New</strong> <strong>Zealand</strong> as a resident for the length of time specified under BJ8.15.<br />
Note: At the two-year anniversary of the investment period, the principal applicant must have<br />
met the required minimum amount of time in <strong>New</strong> <strong>Zealand</strong> for the preceding 12 month period.<br />
BJ9.20 English language tuition<br />
Effective 29/11/2010<br />
a. The principal applicant who was granted a resident visa under the Investor 2 category is<br />
considered to have met the English tuition requirements if they have completed a<br />
minimum of 20 hours of English language tuition with a <strong>New</strong> <strong>Zealand</strong> registered school or<br />
tertiary education provider as defined in the Education Act 1989 within the four year<br />
investment period.<br />
b. Suitable evidence can include a certificate of course completion.<br />
BJ9.25 Non compliance with section 49(1) conditions<br />
Effective 29/11/2010<br />
If section 49(1) conditions have not been complied with at the two-year anniversary check and<br />
at the end of the required investment period, the holder of the resident visa may be made<br />
liable for deportation.<br />
BJ9.30 Compliance with section 49(1) conditions<br />
Effective 29/11/2010<br />
a. When the principal applicant has satisfied an immigration officer that they have met the<br />
section 49(1) conditions at the two-year anniversary of the investment period will be<br />
eligible for a variation of travel conditions to allow travel for a further two years (RV3.15).<br />
b. When the principal applicant has satisfied an immigration officer at the end of the required<br />
investment period, that the conditions on their resident visa under section 49(1) have
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been complied with, those requirements will be cancelled and the officer will advise the<br />
applicant in writing.<br />
Effective 29/11/2010
INZ Operational Manual <strong>Residence</strong><br />
BL ENTREPRENEUR PLUS CATEGORY<br />
BL1 Objective<br />
The objective of the Entrepreneur Plus Category is to attract migrants who can demonstrate<br />
they have been actively participating in business and contributing to <strong>New</strong> <strong>Zealand</strong>'s economic<br />
development.<br />
BL2 Summary of requirements<br />
a. For an application under the Entrepreneur Plus Category to be approved:<br />
Effective 29/11/2010<br />
i the principal applicant and family members included in the application must meet<br />
health and character requirements (see A4 and A5); and<br />
ii the principal applicant must hold a Long Term Business Visa; and<br />
iii the principal applicant and family members over 16 years must meet minimum English<br />
language requirements (see BL4); and<br />
iv the principal applicant must transfer NZ$0.5 million to <strong>New</strong> <strong>Zealand</strong> (see BL5).<br />
v the principal applicant must have successfully established a business in <strong>New</strong> <strong>Zealand</strong><br />
(see BL6).<br />
Effective 29/11/2010<br />
BL3 Relationship to Long Term Business Category<br />
BL3.1 Consistency with business proposal under the Long Term Business<br />
Category<br />
a. An application under the Entrepreneur Plus Category will be declined if:<br />
i the business on the basis of which the application is made was established while the<br />
principal applicant was holding a work visa granted under the Long Term Business<br />
Category; and<br />
ii the business is different from a business proposal (including a business proposal<br />
subsequently modified with the consent of a business immigration specialist) in<br />
respect of which the applicant was granted a work visa.<br />
b. Applications under the Entrepreneur Plus Category will also be declined if the principal<br />
applicant and any partner or dependent child applied for and was granted welfare<br />
assistance under the Social Security Act 1964 while in <strong>New</strong> <strong>Zealand</strong> during the currency of<br />
their temporary visas (or permits granted under the <strong>Immigration</strong> Act 1987).<br />
c. Notwithstanding (a) above, where an application otherwise meets all requirements for<br />
approval, a business immigration specialist may approve the application when they are<br />
satisfied that:<br />
i the business that has been established would have met the requirements for a<br />
business plan under Long Term Business Category; and<br />
ii the applicant has relevant experience for the new business.<br />
BL4 English language requirements<br />
Effective 29/11/2010<br />
a. Principal applicants in the Entrepreneur Plus Category must have a minimum overall band<br />
score of IELTS 4 for English language ability (see BF2).
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b. Any partner or dependent children aged 16 years and over who are included in the<br />
application must meet the minimum standard of English above or pre-purchase ESOL<br />
tuition (see BF1.1).<br />
BL5 Transfer of investment capital<br />
Effective 29/11/2010<br />
a. If they have not done so previously under the Long Term Business Category, the principal<br />
applicant must provide evidence of the transfer of NZ$0.5 million of investment capital, as<br />
stated in the business plan, through the banking system direct from the principal<br />
applicant's bank account(s) to <strong>New</strong> <strong>Zealand</strong>.<br />
b. Borrowed capital is acceptable where the principal applicant is able to demonstrate that:<br />
i they own net assets equal or greater in value to the proposed investment amount; and<br />
ii the borrowed investment capital is from a bank or commercial lending institution and<br />
is secured against the assets identified under (i).<br />
BL6 Successful establishment of a business in <strong>New</strong> <strong>Zealand</strong><br />
Effective 29/11/2010<br />
a. A principal applicant will be considered to have successfully established a business in <strong>New</strong><br />
<strong>Zealand</strong> if:<br />
i they have established or purchased, or made a substantial investment in a business<br />
operating in <strong>New</strong> <strong>Zealand</strong>; and<br />
ii they have been self-employed in <strong>New</strong> <strong>Zealand</strong> in that business since meeting (i); and<br />
iii they have invested at least NZ$0.5 million into the business as set out at (i); and<br />
iv they have created a minimum of three full-time positions for <strong>New</strong> <strong>Zealand</strong> citizens or<br />
residents in that business; and<br />
v the business complies with employment and immigration law (see BL6.10).<br />
Effective 29/11/2010<br />
BL6.5 Definitions<br />
BL6.5.1 Substantial investment<br />
Substantial investment means the purchase of 25% or more of the shareholding of a business.<br />
BL6.5.5 Self-employment<br />
a. Self-employment is lawful active involvement in the management and operation of a<br />
business in <strong>New</strong> <strong>Zealand</strong> which the principal applicant has established or purchased, or in<br />
which the principal applicant has made a substantial investment (see BL6.5.1).<br />
b. For the avoidance of doubt, self-employment does not include involvement of a passive or<br />
speculative nature.<br />
BL6.5.10 Full-time employment<br />
For the purpose of these instructions, full-time employment is considered to be at least 30<br />
hours of work per week.<br />
Effective 29/11/2010
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BL6.10 Compliance with employment and immigration law<br />
a. Businesses established in <strong>New</strong> <strong>Zealand</strong> must comply with all relevant employment and<br />
immigration law in force in <strong>New</strong> <strong>Zealand</strong>. Compliance with relevant <strong>New</strong> <strong>Zealand</strong><br />
employment and immigration law includes but is not limited to:<br />
i paying employees no less than the appropriate minimum wage; and<br />
ii meeting holiday and special leave requirements or other minimum statutory criteria,<br />
eg occupational safety and health obligations; and<br />
iii only employing people who have authority to undertake that work under the<br />
<strong>Immigration</strong> Act 2009.<br />
b. Despite (a) above, where an application otherwise meets all requirements for approval and<br />
there is an incident of non-compliance with any relevant employment or immigration law<br />
in force in <strong>New</strong> <strong>Zealand</strong>, a business immigration specialist may nevertheless approve the<br />
application where:<br />
i they are satisfied that the breach of requirements is of a minor nature; and<br />
ii evidence is provided that satisfies the business immigration specialist that the cause<br />
and consequences of the breach have been remedied.<br />
c. To determine the nature of a breach, the business immigration specialist may consult with<br />
Workplace Employment Relations, Workplace Health & Safety, and/or the Accident<br />
Compensation Corporation.<br />
BL7 Evidence of requirements<br />
BL7.1 Evidence of transfer of investment capital<br />
Effective 29/11/2010<br />
a. Evidence of transferring investment capital to <strong>New</strong> <strong>Zealand</strong> through the banking system<br />
may include but is not limited to:<br />
i telegraphic transfer forms<br />
ii other documents, evidence and information the business immigration specialist<br />
considers may demonstrate the transfer of investment capital to <strong>New</strong> <strong>Zealand</strong> through<br />
the banking system.<br />
Effective 29/11/2010<br />
BL7.5 Evidence that the principal applicant has established a business in <strong>New</strong><br />
<strong>Zealand</strong><br />
a. All documents submitted to prove that the principal applicant has established a business in<br />
<strong>New</strong> <strong>Zealand</strong> must be produced by a reliable independent agency or professional (for<br />
example, a solicitor or chartered accountant).<br />
b. Evidence that the principal applicant has established a business in <strong>New</strong> <strong>Zealand</strong> may<br />
include, but is not limited to:<br />
• a Certificate of Incorporation<br />
• financial accounts<br />
• GST records<br />
• <strong>New</strong> <strong>Zealand</strong> Companies Office annual returns<br />
• shareholding records<br />
• other tax records
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c. The business immigration specialist may request any other documents to support the<br />
application.<br />
BL7.10 Evidence of investment amount<br />
Effective 29/11/2010<br />
a. Suitable evidence of the investment amount can include, but is not limited to, original or<br />
certified copies of the following:<br />
• a sales and purchase agreement<br />
• shareholder certificates<br />
• financial transfer documentation<br />
b. The business immigration specialist may request any other documents to support the<br />
application.<br />
BL7.15 Evidence of job creation<br />
Effective 29/11/2010<br />
a. Suitable evidence of the created jobs can include, but is not limited to, original or certified<br />
copies of the following documents:<br />
• Evidence of employees NZ citizenship or resident status (for example, passport, birth<br />
certificate)<br />
• Employment agreements or contracts<br />
• IRD Employee schedules<br />
• Payslips<br />
• Job descriptions<br />
• Job assessments<br />
• Letters of appointment<br />
Effective 29/11/2010<br />
BL8 Approval in principle<br />
Principal applicants who meet the criteria of the Entrepreneur Plus Category will be advised<br />
that:<br />
a. their application has been approved in principle; and<br />
b. resident visas may be granted once the following requirements have been met:<br />
i the principal applicant pays any applicable migrant levy; and<br />
ii the principal applicant submits evidence that they and any partner or dependent<br />
children aged 16 or over meets the English language requirements (see BF1.1); and<br />
c. where resident visas are granted they will be subject to conditions under section 49(1) of<br />
the <strong>Immigration</strong> Act 2009 (see BL9.1).<br />
Effective 29/11/2010
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BL8.1 Failure to meet approval in principle requirements<br />
Applications for a resident visa may be declined if principal applicants do not present the<br />
requirements listed in the approval in principle letter within the timeframe specified by a<br />
business immigration specialist in the approval in principle letter.<br />
BL9 Resident visas<br />
Effective 29/11/2010<br />
Resident visas granted under these instructions will be subject to travel conditions which allow<br />
the applicant 12 months from the grant of the visa to enter <strong>New</strong> <strong>Zealand</strong> for the first time.<br />
BL9.1 Resident visas subject to conditions<br />
Seea also <strong>Immigration</strong> Act 2009 s 49<br />
Effective 29/11/2010<br />
a. All resident visas granted under the Entrepreneur Plus Category must impose the following<br />
conditions on the visa holders, under section 49(1) of the <strong>Immigration</strong> Act 2009:<br />
i the principal applicant must be self employed in the business for a minimum of two<br />
years (inclusive of time spent operating the business while holding a Long Term<br />
Business Visa); and<br />
ii the principal applicant must retain the investment and maintain the created jobs in the<br />
established business for a minimum of two years (inclusive of time spent operating<br />
the business while holding a Long Term Business Visa); and<br />
iii the principal applicant informs the nearest branch of INZ of any changes of <strong>New</strong><br />
<strong>Zealand</strong> address during the period the conditions have been imposed on their resident<br />
visa.<br />
Note: The created jobs must be in addition to the self employment of the principal applicant<br />
and, if applicable, their partner.<br />
b. Any accompanying partner and dependent children of a principal applicant granted with a<br />
resident visa will be subject to the condition that the principal applicant complies with the<br />
conditions of their visa.<br />
BL9.1.5 Resident visas subject to conditions<br />
Principal applicants are advised of the conditions their resident visa is subject to in a letter that<br />
states:<br />
a. the conditions; and<br />
b. that failure to comply with the conditions may result in the visa holder becoming liable for<br />
deportation under section 159 of the <strong>Immigration</strong> Act 2009.<br />
BL9.1.10 Reminder from <strong>Immigration</strong> <strong>New</strong> <strong>Zealand</strong> to provide evidence of conditions<br />
being met<br />
a. <strong>Immigration</strong> <strong>New</strong> <strong>Zealand</strong> will attempt to contact the principal applicant three months<br />
before the expiry of the conditions period requesting evidence that conditions are being<br />
met.<br />
b. The evidence must be provided no later than three months after the expiry of the<br />
conditions.
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BL9.1.15 Meeting conditions<br />
a. The principal applicant will need to show that they have:<br />
i been self employed in the business for at least two years (inclusive of time spent<br />
operating the business while holding a Long Term Business Visa); and<br />
ii retained the investment and maintained the created three full-time positions for <strong>New</strong><br />
<strong>Zealand</strong> citizens or residents in the established business for at least two years<br />
(inclusive of time spent operating the business while holding a Long Term Business<br />
Visa).<br />
b. Notwithstanding (a) (ii) above, where the principal applicant fails to retain the investment<br />
and/or maintain the created three full-time positions in the established business, a<br />
business immigration specialist may consider, on a case by case basis, whether the failure<br />
was beyond the control of the principal applicant (eg unforeseen economic conditions) and<br />
if satisfied that this was the case, may consider the conditions met.<br />
c. Suitable evidence to prove that the principal applicant has met the conditions (see BL9.1)<br />
must be produced by a reliable independent agency or professional (for example, a<br />
solicitor or chartered accountant) and can include, but is not limited to, original or certified<br />
copies of the following documents:<br />
• a Certificate of Incorporation<br />
• financial accounts<br />
• GST records<br />
• other tax records<br />
• employment agreements/contracts<br />
• IRD Employee schedules<br />
• payslips<br />
• job specifications<br />
• letters of appointment<br />
• evidence of employees <strong>New</strong> <strong>Zealand</strong> citizenship or resident status (for example:<br />
passport, birth certificate)<br />
• property purchase or lease documents relating to the business' site<br />
• invoices for business equipment and supplies<br />
• other documents, evidence and information a business immigration specialist<br />
considers may demonstrate reasonable steps taken to maintain the business as a<br />
going concern (eg employment agreements, bank statements, utility company<br />
invoices).<br />
BL9.1.20 Compliance with conditions<br />
When the principal applicant under this category satisfies a business immigration specialist<br />
that the conditions imposed on their resident visa under section 49(1) have been complied<br />
with, those conditions will be cancelled and the business immigration specialist will advise the<br />
applicant in writing.<br />
BL9.1.25 Non-compliance with conditions<br />
If the conditions have not been complied with, the resident visa holder may become liable for<br />
deportation under section 159 of the <strong>Immigration</strong> Act 2009.<br />
Effective 29/11/2010
FAMILY CATEGORIES<br />
IN THIS SECTION<br />
F1 Objective ......................................................................... 17-1<br />
F2 Partnership Category ......................................................... 18-1<br />
F3 Parent Retirement Category ................................................ 19-1<br />
F4 Parent Category ................................................................ 20-1<br />
F5 Dependent Child Category .................................................. 21-1<br />
F6 Sibling and Adult Child Category (to 16/05/2012) ................... 21-6<br />
F7 Inter-country adoption ....................................................... 22-1
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F1 OBJECTIVE<br />
The objectives of the Family Categories are to:<br />
a. strengthen families and communities, while reinforcing the Government's overall<br />
objectives in immigration instructions; and<br />
b. contribute to <strong>New</strong> <strong>Zealand</strong>'s economic transformation and social development.<br />
Effective 29/11/2010
INZ Operational Manual <strong>Residence</strong><br />
F2 PARTNERSHIP CATEGORY<br />
F2.1 Objective<br />
Partnership Category contributes to the overall objective of the Family Categories (see F1) by<br />
allowing the partners of <strong>New</strong> <strong>Zealand</strong> citizens and residence class visa holders to apply for a<br />
residence class visa in order to live with their partner in <strong>New</strong> <strong>Zealand</strong>.<br />
Note: Partners of <strong>New</strong> <strong>Zealand</strong> citizens and residence class visa holders do not have an<br />
automatic right of residence in <strong>New</strong> <strong>Zealand</strong>.<br />
Effective 29/11/2010<br />
F2.5 How do partners of <strong>New</strong> <strong>Zealand</strong> citizens and residents qualify for a<br />
residence class visa?<br />
See previous instructions F2.5 Effective 29/11/2010<br />
a. To be granted a residence class visa under Partnership Category applicants must provide<br />
sufficient evidence to satisfy an immigration officer that they have been living together for<br />
12 months or more in a partnership that is genuine and stable with a <strong>New</strong> <strong>Zealand</strong> citizen<br />
or resident.<br />
b. For the purpose of these instructions 'partnership' means:<br />
i a legal marriage; or<br />
ii a civil union (whether opposite or same sex); or<br />
iii a de facto relationship (whether opposite or same sex)<br />
and 'partner' means one of the parties to such a partnership indicated in (i), (ii) and (iii)<br />
above.<br />
c. In each case the onus of proving that the partnership on which the application is based is<br />
genuine and stable lies with the principal applicant and their <strong>New</strong> <strong>Zealand</strong> partner.<br />
d. An application under Partnership Category will be declined if:<br />
i the application is not supported by an eligible <strong>New</strong> <strong>Zealand</strong> citizen or resident partner;<br />
or<br />
ii an immigration officer is not satisfied that the partnership on which the application is<br />
based is genuine and stable; or<br />
iii the application is based on marriage or a civil union to a <strong>New</strong> <strong>Zealand</strong> citizen or<br />
resident and either that <strong>New</strong> <strong>Zealand</strong> citizen or resident, or the principal applicant is<br />
already married to or in a civil union with another person; or<br />
iv both the principal applicant and the <strong>New</strong> <strong>Zealand</strong> citizen or resident partner cannot<br />
satisfy an immigration officer they comply with the minimum requirements for<br />
recognition of partnerships (see F2.15); or<br />
v the applicant(s) does not meet health and character requirements (see A4 and A5).<br />
e. Applications for residence under Partnership Category will also be declined if the principal<br />
applicant was a partner to the eligible <strong>New</strong> <strong>Zealand</strong> partner but not declared on the eligible<br />
<strong>New</strong> <strong>Zealand</strong> partner’s application for a residence class visa (if applicable), unless an<br />
immigration officer is satisfied the non-declaration occurred with:<br />
i no intention to mislead; and<br />
ii would not have resulted in a different outcome in the eligible <strong>New</strong> <strong>Zealand</strong> partner’s<br />
application.
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If both these clauses are met, an immigration officer should continue to assess the<br />
application and may approve it if all other requirements are met.<br />
Note: Notwithstanding (e) above, officers should not decline an application on the basis of<br />
this provision without first providing the principal applicant an opportunity to explain the<br />
non-declaration in accordance with R5.15 Explaining discrepancies in family details.<br />
F2.5.1 Eligibility for a permanent resident visa for partners of <strong>New</strong> <strong>Zealand</strong> citizens<br />
living overseas<br />
a. A principal applicant may be granted a permanent resident visa (RA1.5) if:<br />
i they meet all the other criteria for a residence class visa under the Partnership<br />
Category; and<br />
ii they have a <strong>New</strong> <strong>Zealand</strong> citizen partner who has been residing outside <strong>New</strong> <strong>Zealand</strong><br />
for a period of at least five years at the time the application is made; and<br />
iii the couple have been living together in a genuine and stable relationship for at least<br />
five years at the time the application is made.<br />
b. To meet the requirements of a(ii) above, the <strong>New</strong> <strong>Zealand</strong> citizen partner must either be<br />
i outside <strong>New</strong> <strong>Zealand</strong> at the time the application is made; or<br />
ii have been in <strong>New</strong> <strong>Zealand</strong> for less than three months after residing outside <strong>New</strong><br />
<strong>Zealand</strong> for at least five years at the time the application is made.<br />
c. For the purposes of these instructions, residing outside <strong>New</strong> <strong>Zealand</strong> means spending less<br />
than 3 months in <strong>New</strong> <strong>Zealand</strong> in each of the five 12 month periods immediately preceding<br />
either:<br />
i the date the application is made (if the application was made outside <strong>New</strong> <strong>Zealand</strong>);<br />
or<br />
ii the date the <strong>New</strong> <strong>Zealand</strong> citizen partner arrived in <strong>New</strong> <strong>Zealand</strong> (if the application<br />
was made in <strong>New</strong> <strong>Zealand</strong>.<br />
d. Any secondary applicants included in an application where the principal applicant is eligible<br />
for a permanent resident visa under these instructions may also be granted a permanent<br />
resident visa (RA1.5).<br />
e. Any applicants who do not meet the criteria set out in this section but who meet all other<br />
requirements of the Partnership Category should be granted a resident visa (RA1.1)<br />
F2.10 Definitions<br />
F2.10.1 Definition of 'genuine and stable' partnership<br />
a. A partnership is genuine and stable if an immigration officer is satisfied that it:<br />
Effective: 07/11/2011<br />
i is genuine, because it has been entered into with the intention of being maintained on<br />
a long-term and exclusive basis; and<br />
ii is stable, because it is likely to endure.
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F2.10.2 Definition of the ‘<strong>New</strong> <strong>Zealand</strong> partner’<br />
For the purposes of the Partnership Category, the <strong>New</strong> <strong>Zealand</strong> partner is the <strong>New</strong> <strong>Zealand</strong><br />
citizen or resident who is supporting an application for a residence class visa made by their<br />
non-<strong>New</strong> <strong>Zealand</strong> citizen or resident partner.<br />
F2.10.5 Definition of '<strong>New</strong> <strong>Zealand</strong> resident' for the purposes of partnership category<br />
a. <strong>New</strong> <strong>Zealand</strong> resident means a person who:<br />
i holds, or is deemed to hold, a current <strong>New</strong> <strong>Zealand</strong> residence class visa; or<br />
ii holds a valid Australian passport.<br />
b. Despite (a) above, the following people are defined as <strong>New</strong> <strong>Zealand</strong> residents for the<br />
purposes of Partnership Category only where an immigration officer is satisfied that <strong>New</strong><br />
<strong>Zealand</strong> is their primary place of established residence at the time the application under<br />
Partnership is made and at the time of assessment of the application:<br />
i holders of valid Australian passports who do not hold a current <strong>New</strong> <strong>Zealand</strong> residence<br />
class visa;<br />
ii holders of current <strong>New</strong> <strong>Zealand</strong> residence class visas that have been granted on the<br />
basis that the person is the holder of a current Australian permanent residence visa,<br />
or a current Australian resident return visa.<br />
c. Where (b) applies, evidence must be provided that the eligible <strong>New</strong> <strong>Zealand</strong> partner’s<br />
primary place of established residence is <strong>New</strong> <strong>Zealand</strong>. The evidential requirements are set<br />
out at F2.20.5.<br />
F2.10.10 Definition of ‘eligible to support an application for a residence class visa’ for<br />
the purposes of Partnership Category<br />
a. To be eligible to support an application for a residence class visa under the Partnership<br />
Category, the <strong>New</strong> <strong>Zealand</strong> partner must:<br />
i meet the character requirement for partners supporting applications made under the<br />
Partnership Category as set out at R5.95; and<br />
ii have not previously supported more than one other successful principal applicant<br />
under Partnership Category; and<br />
iii have not supported any other successful principal applicant under Partnership<br />
Category in the five years immediately preceding the date the current application is<br />
made; and<br />
iv not, in the seven years prior to the date the application is made, have been the<br />
perpetrator of an incident of domestic violence which has resulted in the grant of a<br />
resident visa to a person under the category for victims of domestic violence (see<br />
S4.5).<br />
b. If the <strong>New</strong> <strong>Zealand</strong> partner was previously a successful principal applicant under<br />
Partnership Category then they will be considered to be eligible only if:<br />
i at least five years have elapsed since the date he or she was granted residence under<br />
the Partnership Category at the time the current application is made; and<br />
ii he or she has not supported any other successful principal applicant under the<br />
Partnership Category.
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Note:<br />
~ Applications under Partnership Category include applications made under the Family<br />
Category Spouse and De facto partner policy in force before Partnership Category took effect.<br />
F2.15 Minimum requirements for the recognition of partnerships<br />
Partnerships will only be recognised for the purposes of these instructions if:<br />
Effective 29/11/2010<br />
a. the couple are both aged 18 years or older at the time that the application for a residence<br />
class visa was lodged; or<br />
b. (if one or both of the parties to the partnership are aged 16 years or older but are less<br />
than 18 years of age at the time their application for a residence class visa is lodged), they<br />
have the support of the parent(s) or guardian(s) of that (those) party(ies); and<br />
c. the couple have met prior to the date the application under these instructions is made;<br />
and<br />
d. the couple are not close relatives.<br />
Note: For the purposes of these instructions relationships between close relatives are<br />
considered to be:<br />
i. relationships specified as "forbidden marriages" under Schedule 2 of the Marriage Act 1955<br />
set out below and<br />
ii. relationships specified as "prohibited degrees of civil union" under Schedule 2 of the Civil<br />
Union Act 2004 as set out below; and<br />
iii de facto relationships equivalent to the provisions under Schedule 2 of the Marriage Act<br />
1955 and under Schedule 2 of the Civil Union Act 2004 as set out below<br />
Forbidden Marriages - Schedule 2 of the Marriage Act 1955<br />
A man may not marry his: A woman may not marry her:<br />
Grandmother Sister Grandfather Brother<br />
Grandfather's<br />
wife<br />
Wife's<br />
grandmother<br />
Son's daughter Grandmother's<br />
husband<br />
Son's son<br />
Daughter's daughter Husband's grandfather Daughter's son<br />
Father's sister Son's son's wife Father's brother Son's daughter's<br />
husband<br />
Mother's sister Daughter's son's wife Mother's brother Daughter's<br />
daughter's husband<br />
Mother Wife's son's daughter Father Husband's son's son<br />
Stepmother Wife's daughter's<br />
daughter<br />
Stepfather Husband's<br />
daughter's son<br />
Wife's mother Brother's daughter Husband's father Brother's son<br />
Daughter Sister's daughter<br />
Wife's daughter Husband's son<br />
Son Sister's son<br />
Son's wife Daughter's husband
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Note:<br />
~ This applies to any relationship whether the relationship is by the whole blood or by the half<br />
blood.<br />
~ Unless the context otherwise requires, the term 'wife' means a former wife, whether she is<br />
alive or deceased, and whether her marriage was terminated by death or divorce or otherwise;<br />
and the term 'husband' has a corresponding meaning.<br />
Prohibited Degrees of Civil Union - Schedule 2 of the Civil Union Act 2004<br />
1. Person A and person B are within the prohibited degrees of civil union if person A is person<br />
B's<br />
• Grandparent<br />
• Parent<br />
• Child<br />
• Grandchild<br />
• Sibling<br />
• Parent's sibling<br />
• Sibling's child<br />
• Grandparent's spouse or civil union partner<br />
• Parent's spouse or civil union partner<br />
• Spouse's or civil union partner's parent<br />
• Spouse's or civil union partner's grandparent<br />
• Spouse's or civil union partner's child<br />
• Child's spouse or civil union partner<br />
• Grandchild's spouse or civil union partner<br />
• Spouse's or civil union partner's grandchild<br />
2. The prohibited degrees of civil union apply whether the relationships described are by the<br />
whole blood or by the half blood.<br />
Effective 29/11/2010<br />
F2.20 Evidence<br />
a. Evidence supporting an application under Partnership Category for a residence class visa<br />
should include as much information and as many documents as are necessary to show<br />
that:<br />
i the principal applicant's partner:<br />
is a <strong>New</strong> <strong>Zealand</strong> citizen or resident (see F2.10.5); and<br />
supports their application for a residence class visa under the Partnership Category;<br />
and<br />
is eligible to support an application under partnership instructions ( see F2.10.10);<br />
and<br />
ii the principal applicant and their <strong>New</strong> <strong>Zealand</strong> citizen or resident partner are living<br />
together in a partnership that is genuine and stable.<br />
b. Factors that have a bearing on whether two people are living together in a partnership<br />
that is genuine and stable include but are not limited to:<br />
i the duration of the parties relationship;
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ii the existence, nature, and extent of the parties' common residence;<br />
iii the degree of financial dependence or interdependence, and any arrangements for<br />
financial support, between the parties;<br />
iv the common ownership, use, and acquisition of property by the parties;<br />
v the degree of commitment of the parties to a shared life;<br />
vi children of the partnership, including the common care and support of such children by<br />
the parties;<br />
vii the performance of common household duties by the partners; and<br />
viii the reputation and public aspects of the relationship.<br />
c. The items listed in F2.20.1 to F2.20.15 below are examples of relevant evidence; other<br />
documents may also be relevant.<br />
F2.20.1 Evidence that partner is <strong>New</strong> <strong>Zealand</strong> citizen or resident<br />
a. Evidence that a partner is a <strong>New</strong> <strong>Zealand</strong> citizen may include but is not limited to original<br />
or certified copies of:<br />
i <strong>New</strong> <strong>Zealand</strong> passport; or<br />
ii a <strong>New</strong> <strong>Zealand</strong> birth certificate issued prior to 1 January 2006; or<br />
iii a <strong>New</strong> <strong>Zealand</strong> birth certificate issued on or after 1 January 2006 that positively<br />
indicates <strong>New</strong> <strong>Zealand</strong> citizenship; or<br />
iv a certificate of <strong>New</strong> <strong>Zealand</strong> citizenship; or<br />
v a confirmation of <strong>New</strong> <strong>Zealand</strong> citizenship by descent certificate issued under the<br />
Citizenship Act 1977; or<br />
vi an evidentiary certificate issued under the Citizenship Act 1977 confirming <strong>New</strong><br />
<strong>Zealand</strong> citizenship.<br />
b. Evidence that a partner is a <strong>New</strong> <strong>Zealand</strong> resident may include but is not limited to original<br />
or certified copies of:<br />
i a current resident visa or permanent resident visa; or<br />
ii evidence that the partner is deemed to hold a resident visa or permanent resident<br />
visa; or<br />
iii a valid Australian passport.<br />
F2.20.5 Evidence that <strong>New</strong> <strong>Zealand</strong> is the primary place of established residence<br />
a. Evidence that <strong>New</strong> <strong>Zealand</strong> is the <strong>New</strong> <strong>Zealand</strong> partner’s primary place of established<br />
residence may include but is not limited to original or certified copies of:<br />
• correspondence addressed to the sponsor<br />
• employment records<br />
• records of benefit payments from the Ministry of Social Development<br />
• banking records<br />
• rates demands<br />
• Inland Revenue records<br />
• mortgage documents<br />
• tenancy and utility supply agreements
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• documents showing that the <strong>New</strong> <strong>Zealand</strong> partner’s household effects have been<br />
moved to <strong>New</strong> <strong>Zealand</strong>.<br />
b. The presence or absence of any of the documents listed above is not determinative. Each<br />
case will be decided on the basis of all the evidence provided.<br />
F2.20.10 Evidence of support by <strong>New</strong> <strong>Zealand</strong> citizen or resident partner<br />
A principal applicant must provide a Partnership Support Form for <strong>Residence</strong> (INZ 1178)<br />
which:<br />
a. confirms that the <strong>New</strong> <strong>Zealand</strong> partner is a <strong>New</strong> <strong>Zealand</strong> citizen or resident; and<br />
b. confirms support for the application; and<br />
• includes a declaration that the <strong>New</strong> <strong>Zealand</strong> partner:<br />
• is eligible to support a partnership application (see F2.10.10); and<br />
• is in a partnership with the principal applicant that meets the minimum requirements<br />
for recognition of partnerships (see F2.15).<br />
F2.20.15 Evidence of living together in partnership that is genuine and stable<br />
a. Evidence that the principal applicant and partner are living together may include but is not<br />
limited to original or certified copies of documents showing shared accommodation such<br />
as:<br />
i joint ownership of residential property<br />
ii joint tenancy agreement or rent book or rental receipts<br />
iii correspondence (including postmarked envelopes) addressed to both principal<br />
applicant and partner at the same address.<br />
b. If a couple has been living separately for any period during their partnership, they should<br />
provide evidence of the length of the periods of separation, the reasons for them, and how<br />
their relationship was maintained during the periods of separation, such as letters,<br />
itemised telephone accounts or e-mail messages.<br />
c. Evidence about whether the partnership is genuine and stable may include but is not<br />
limited to, original or certified copies of documents and any other information such as:<br />
i a marriage certificate for the parties;<br />
ii a civil union certificate for the parties;<br />
iii birth certificates of any children of the parties;<br />
iv evidence of communication between the parties;<br />
v photographs of the parties together;<br />
vi documents indicating public recognition of the partnership;<br />
vii evidence of the parties being committed to each other both emotionally and<br />
exclusively such as evidence of:<br />
joint decision making and plans together<br />
sharing of parental obligations<br />
sharing of household activities<br />
sharing of companionship/spare time<br />
sharing of leisure and social activities<br />
presentation by the parties to outsiders as a couple.<br />
viii evidence of being financially interdependent such as evidence of
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shared income<br />
joint bank accounts operated reasonably frequently over a reasonable time<br />
joint assets<br />
joint liabilities such as loans or credit to purchase real estate, cars, major home<br />
appliances<br />
joint utilities accounts (electricity, gas, water, telephone)<br />
mutually agreed financial arrangements.<br />
d. The presence or absence of any of the documents, information or evidence listed above is<br />
not determinative. Each case will be decided on the basis of all the evidence provided.<br />
Evidence about these matters may also be obtained at interview and can be considered up<br />
until the date of final decision.<br />
F2.25 Verification<br />
F2.25.1 Interviews<br />
Effective 29/11/2010<br />
a. <strong>Immigration</strong> officers will usually conduct an interview with both the principal applicant and<br />
their partner to determine whether the couple is living together in a partnership that is<br />
genuine and stable.<br />
b. Interviews may be waived if an immigration officer is satisfied without an interview that<br />
the couple is living together in a partnership that is genuine and stable.<br />
c. <strong>Immigration</strong> officers may also make home visits and conduct interviews with any other<br />
person relevant to the application. Additional interviews may also be conducted during<br />
and/or at the end of any deferral period (see F2.35) to determine whether the couple is<br />
still living together in a partnership that is genuine and stable.<br />
d. Home visits may only be made between the hours of 7.00 am and 9.00 pm so long as the<br />
time of the visit is reasonable in the circumstances.<br />
F2.25.5 Family details<br />
<strong>Immigration</strong> officers may refer to former applications lodged by applicants, family members of<br />
applicants, or partners in order to verify declarations made by applicants about their family<br />
details (such as the number of family members, the whereabouts of family members, or an<br />
applicant's or partner's marital status).<br />
Effective 29/11/2010<br />
F2.30 Determining if the couple is living together in a partnership that is<br />
genuine and stable<br />
a. When determining if the couple is living together in a partnership that is genuine and<br />
stable the immigration officer will take into account those factors set out at F2.20(b) and<br />
must consider, and be satisfied, there is sufficient proof, (from documents, other<br />
corroborating evidence, or interviews) of all four of the following elements:<br />
i 'Credibility': the principal applicant and the partner both separately and together, must<br />
be credible in any statements made and evidence presented by them.<br />
ii 'Living together': the principal applicant and partner must be living together unless<br />
there are genuine and compelling reasons for any period(s) of separation (see<br />
F2.30.1).<br />
iii 'Genuine partnership': the principal applicant and partner must both be found to be<br />
genuine as to their:
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reasons for marrying, entering a civil union or entering into a de facto relationship;<br />
and<br />
intentions to maintain a long term partnership exclusive of others.<br />
iv 'Stable partnership': the principal applicant and partner must demonstrate that their<br />
partnership is likely to endure.<br />
b. A residence class visa must not be granted unless the immigration officer is satisfied,<br />
having considered each of the four elements in (a) above (both independently and<br />
together) that the couple is living together in a partnership that is genuine and stable.<br />
Note: The onus of satisfying an immigration officer that the partnership is genuine and stable<br />
lies with the principal applicant and their partner (see F2.5(c)).<br />
F2.30.1 Assessment of periods of separation<br />
a. If a principal applicant and their partner have lived apart for periods during their<br />
partnership, the application should not automatically be declined. Instead, immigration<br />
officers should determine whether there are genuine and compelling reasons for any<br />
period(s) of separation.<br />
b. Determining whether there are genuine and compelling reasons will depend on the<br />
circumstances in each case, and may require consideration of:<br />
• either partner's family, education or employment commitments;<br />
• the duration of the partnership and the length of time the couple has spent apart;<br />
• the extent to which the couple has made efforts to be together during the time apart.<br />
Effective 29/11/2010<br />
F2.35 Deferring the final decision if the partnership is genuine and stable but<br />
less than 12 months duration<br />
a. An application can only be deferred if the applicant has been assessed as living together in<br />
a genuine and stable partnership with their <strong>New</strong> <strong>Zealand</strong> citizen or resident partner but the<br />
12 month qualifying period has not been met.<br />
b. If, after assessing an application, an immigration officer is satisfied the couple are living<br />
together in a partnership that is genuine and stable, but the duration of that partnership is<br />
less than the 12 months required, (see F2.5(a)) they may defer the final decision to<br />
enable the qualifying period to be met.<br />
c. If the principal applicant wishes to be in <strong>New</strong> <strong>Zealand</strong> with their partner during the deferral<br />
period, they may be granted a work visa (once an application has been made) for a period<br />
sufficient to enable the qualifying period to be met and any further assessment of their<br />
residence class visa application to be completed.<br />
F2.40 General rules<br />
F2.40.1 English language requirements<br />
Effective 29/11/2010<br />
a. If a principal applicant was eligible to be included as a partner of a principal applicant in an<br />
earlier successful application under the General Skills Category, Skilled Migrant Category,<br />
Business <strong>Immigration</strong> Instructions or previous Business Investor Category, but was not at<br />
that time included in the application, they will have to meet the criteria of the English<br />
language instructions applicable at the time the application under Partnership Category is<br />
made.
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b. Such an applicant will be subject to the applicable English language instructions as if they<br />
were a non-principal applicant under the Skilled Migrant Category or Business <strong>Immigration</strong><br />
Instructions.<br />
c. A principal applicant who would have been eligible for inclusion in an earlier General Skills<br />
Category or Skilled Migrant Category application will be subject to the English language of<br />
the Skilled Migrant Category applicable at the time the application under Partnership<br />
Category is made.<br />
d. A principal applicant who would have been eligible for inclusion in an earlier Business<br />
Investor category or Business <strong>Immigration</strong> Instructions application will be subject to the<br />
English language requirements of Business <strong>Immigration</strong> Instructions applicable at the time<br />
the application under Partnership Category is made.<br />
F2.40.5 Application under Partnership Category of person eligible for inclusion in an<br />
earlier Family Quota, Refugee Family Support Category, Samoan Quota Scheme or<br />
Pacific Access Category registration<br />
If the principal applicant in an application under Partnership Category was eligible for inclusion<br />
in a successful registration under the Family Quota, the Refugee Family Support Category,<br />
Samoan Quota Scheme or the Pacific Access Category, but was not included, they must not<br />
subsequently be granted residence under Partnership Category.<br />
F2.40.10 Resident visas with conditions imposed under section 49(1)<br />
If a <strong>New</strong> <strong>Zealand</strong> partner holds a resident visa subject to conditions (excluding travel<br />
conditions) imposed under section 49(1) of the <strong>Immigration</strong> Act 2009, then the principal<br />
applicant's resident visa will be subject to the condition that the <strong>New</strong> <strong>Zealand</strong> resident partner<br />
complies with those conditions (see R5.65.1).<br />
Effective 29/11/2010
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F3 PARENT RETIREMENT CATEGORY<br />
F3.1 Objective<br />
The objective of the Parent Retirement Category is to provide a residence class visa to those<br />
with family links to <strong>New</strong> <strong>Zealand</strong> who wish to make a significant contribution to <strong>New</strong> <strong>Zealand</strong>'s<br />
economy.<br />
F3.5 Parent Retirement Category requirements<br />
Effective 29/11/2010<br />
a. For an application to be approved under the Parent Retirement Category the principal<br />
applicant must:<br />
i nominate funds and/or assets equivalent in value to at least NZ$1 million and<br />
undertake to invest them in <strong>New</strong> <strong>Zealand</strong> for a period of four years; and<br />
ii demonstrate ownership of these funds and/or assets and that they have been legally<br />
earned or acquired; and<br />
iii transfer and place the funds in an acceptable investment in accordance with the<br />
instructions at F3.10.25; and<br />
iv nominate NZ$0.5 million of settlement funds and demonstrate ownership of these<br />
funds and/or assets; and<br />
v demonstrate an annual income of at least NZ$60,000; and<br />
vi meet the Family requirements as set out at F3.20.<br />
b. The principal applicant and any secondary applicant included in the application must meet<br />
health and character requirements (see A4 and A5).<br />
F3.10 Investment funds<br />
See previous instructions:<br />
F3.10 Effective 07/11/2011<br />
F3.10 Effective 25/07/2011<br />
F3.10 Effective 29/11/2010<br />
Effective 29/11/2010<br />
a. The principal applicant must invest a minimum of NZ$1 million in <strong>New</strong> <strong>Zealand</strong> for a period<br />
of four years.<br />
b. The principal applicant must:<br />
i nominate funds and/or assets equivalent in value to NZ$1 million; and<br />
ii demonstrate ownership of these funds and/or assets.<br />
c. All invested funds must meet the conditions of an acceptable investment as set out under<br />
F3.10.25.<br />
F3.10.1 Ownership of nominated funds and/or assets<br />
a. Nominated funds and/or assets may be owned either:<br />
i solely by the principal applicant; or<br />
ii jointly by the principal applicant and partner who are included in the resident visa<br />
application, provided a business immigration specialist is satisfied the principal<br />
applicant and partner have been living together for 12 months or more in a<br />
partnership that is genuine and stable (see R2.1.15 and R2.1.15.1(b) and
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R2.1.15.5(a)(i)). If so, the principal applicant may claim the full value of such jointly<br />
owned funds or assets for assessment purposes.<br />
b. If nominated funds and/or assets are held jointly by the principal applicant and a person<br />
other than their partner, the principal applicant may only claim the value of that portion of<br />
funds and/or assets for which they provide evidence of ownership.<br />
c. The principal applicant may only nominate funds and/or assets that they earned or<br />
acquired legally, including funds and/or assets which have been gifted (with the exception<br />
of <strong>New</strong> <strong>Zealand</strong> based-funds or assets) to them unconditionally and in accordance with<br />
local law. Where nominated funds and/or assets have been gifted to the principal applicant<br />
a business immigration specialist must be satisfied that the funds and/or assets being<br />
gifted were earned legally by the person(s) gifting the funds and/or assets.<br />
d. The nominated funds and/or assets must be unencumbered.<br />
e. The nominated funds and/or assets must not be borrowed.<br />
Note: <strong>New</strong> <strong>Zealand</strong>-based funds or assets cannot be gifted under these instructions.<br />
F3.10.5 Definition of 'funds earned or acquired legally'<br />
a. Funds and/or assets earned or acquired legally are funds and/or assets earned or acquired<br />
in accordance with the laws of the country in which they were earned or acquired.<br />
b. Business immigration specialists have discretion to decline an application if they are<br />
satisfied that, had the funds and/or assets been earned or acquired in the same manner in<br />
<strong>New</strong> <strong>Zealand</strong>, they would have been earned or acquired contrary to the criminal law of<br />
<strong>New</strong> <strong>Zealand</strong>.<br />
F3.10.10 Definition of 'unencumbered funds'<br />
Unencumbered funds are funds that are not subject to any mortgage, lien, charge and/or<br />
encumbrance (whether equitable or otherwise) or any other creditor claims.<br />
F3.10.15 Funds already held in <strong>New</strong> <strong>Zealand</strong><br />
a. Funds held in <strong>New</strong> <strong>Zealand</strong> at the time the application is made may be included in<br />
investment funds. However, periods of investment in <strong>New</strong> <strong>Zealand</strong> before Approval in<br />
Principle cannot be taken into account when calculating the four-year investment period.<br />
b. Funds held in <strong>New</strong> <strong>Zealand</strong> must originally have been transferred to <strong>New</strong> <strong>Zealand</strong> through<br />
the banking system, or a foreign exchange company that uses the banking system from<br />
the country or countries in which they were earned or acquired legally, or have been<br />
earned or acquired legally in <strong>New</strong> <strong>Zealand</strong>.<br />
F3.10.20 Evidence of the principal applicant's nominated funds and assets<br />
a. Principal applicants must provide evidence of net funds and/or assets to the value of the<br />
required investment funds.<br />
b. All documents provided as valuations of assets must be:<br />
i no more than three months old at the date the resident visa application is made; and<br />
ii produced by a reliable independent agency.<br />
c. A business immigration specialist may seek further evidence if they:
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i are not satisfied with the valuation provided; or<br />
ii consider that the nominated funds and/or assets fail in some other way to meet the<br />
rules for investment funds.<br />
F3.10.25 Definition of 'acceptable investment'<br />
a. An acceptable investment means an investment that:<br />
i is capable of a commercial return under normal circumstances; and<br />
ii is not for the personal use of the applicant(s) (see F3.10.30); and<br />
iii is invested in <strong>New</strong> <strong>Zealand</strong> in <strong>New</strong> <strong>Zealand</strong> currency; and<br />
iv is invested in lawful enterprises or managed funds that comply with all relevant laws in<br />
force in <strong>New</strong> <strong>Zealand</strong> (see F3.10.35); and<br />
v has the potential to contribute to <strong>New</strong> <strong>Zealand</strong>'s economy; and<br />
vi is invested in either one or more of the following:<br />
bonds issued by the <strong>New</strong> <strong>Zealand</strong> government or local authorities; or<br />
bonds issued by <strong>New</strong> <strong>Zealand</strong> firms traded on the <strong>New</strong> <strong>Zealand</strong> Debt Securities<br />
Market (NZDX); or<br />
bonds issued by <strong>New</strong> <strong>Zealand</strong> firms with at least a BBB- or equivalent rating from<br />
internationally recognised credit rating agencies (for example, Standard and Poor's);<br />
or<br />
equity in <strong>New</strong> <strong>Zealand</strong> firms (public or private including managed funds) (see<br />
F3.10.35); or<br />
bonds issued by <strong>New</strong> <strong>Zealand</strong> registered banks; or<br />
equities in <strong>New</strong> <strong>Zealand</strong> registered banks; or<br />
residential property development(s) (see F3.10.40); or<br />
bonds in finance companies (see F3.10.25 (c)).<br />
Note: For the purposes of these instructions, convertible notes are considered to be an<br />
equity investment.<br />
<strong>New</strong> <strong>Zealand</strong> registered banks are defined by the <strong>New</strong> <strong>Zealand</strong> Reserve Bank Act 1989.<br />
b. Notwithstanding (a) above, where an investment fails to meet one of the acceptable<br />
investment requirements, a business immigration specialist may consider, on a case by<br />
case basis, whether the failure was beyond the control of the principal applicant and if<br />
satisfied that this was the case, may consider the investment acceptable.<br />
c. A Business <strong>Immigration</strong> Specialist may consider bonds in finance companies as an<br />
acceptable investment where the finance company:<br />
i is a wholly-owned subsidiary of,<br />
ii raises capital solely for, and<br />
iii has all its debt securities unconditionally guaranteed by a <strong>New</strong> <strong>Zealand</strong> Stock<br />
Exchange listed company or a local authority.<br />
Note: The value of an investment is based on the net purchase price (for example, less any<br />
accrued interest, commission, brokerage and/or trade levy), not on the face value of the<br />
investment.<br />
F3.10.30 Personal use of investment funds<br />
Personal use includes investment in assets such as a personal residence, car, boat or similar.
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F3.10.35 Managed funds<br />
a. For the purposes of these instructions, managed funds are defined as either:<br />
i a managed fund investment product offered by a financial institution; or<br />
ii funds invested in equities that are managed on an investor's behalf by a fund manager<br />
or broker.<br />
b. In order to be acceptable as a form of investment managed funds must be invested only in<br />
<strong>New</strong> <strong>Zealand</strong> companies. Managed fund investments in <strong>New</strong> <strong>Zealand</strong> with international<br />
exposure are acceptable only for the proportion of the investment that is invested in <strong>New</strong><br />
<strong>Zealand</strong> companies.<br />
Example: Only 50 percent of a managed fund that equally invests in <strong>New</strong> <strong>Zealand</strong> and<br />
international equities would be deemed to be an acceptable investment as set out in<br />
F3.15.25.<br />
F3.10.40 Residential property development<br />
For the purposes of these instructions, residential property development(s) is defined as<br />
property(ies) in which people reside and is subject to the following conditions:<br />
a. the residential property must be in the form of new developments on either new or<br />
existing sites; and<br />
b. the residential property(ies) cannot include renovation or extension to existing dwellings;<br />
and<br />
c. the new developments must have been approved and gained any required consents by any<br />
relevant regulatory authorities (including local authorities); and<br />
d. the purpose of the residential property investments must be to make a commercial return<br />
on the open market; and<br />
e. neither the family, relatives, nor anyone associated with the principal investor, may reside<br />
in the development; and<br />
f. the costs associated with obtaining any regulatory approval (including any resource or<br />
building consents) are not part of the principal applicant’s acceptable investments.<br />
F3.15 Settlement funds and annual income<br />
See previous instructions F3.15 Effective 29/11/2010<br />
F3.15.1 Aim and intent<br />
Effective 30/07/2012<br />
Principal applicants under the Parent Retirement Category must demonstrate that they have<br />
the ability to support themselves and their partner included in the resident visa application<br />
during the four year investment period in <strong>New</strong> <strong>Zealand</strong>.<br />
F3.15.5 Requirement for settlement funds and annual income<br />
In addition to their nominated investment funds, principal applicants must demonstrate:<br />
a. ownership of a minimum of NZ$0.5 million; and
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b. an annual income of at least NZ$60,000 at the time of application.<br />
F3.15.10 Ownership of settlement funds<br />
a. Funds may be owned either:<br />
i solely by the principal applicant; or<br />
ii jointly by the principal applicant and their partner who are included in the resident visa<br />
application.<br />
b. The principal applicant may claim the full value of jointly owned funds or assets for<br />
assessment purposes provided a business immigration specialist is satisfied the principal<br />
applicant and partner have been living together for 12 months or more in a genuine and<br />
stable partnership (see R2.1.15, R2.1.15.1 (b) and R2.1.15.5 (a) (i)).<br />
c. If funds or assets are held jointly by the principal applicant and a person other than their<br />
partner, the principal applicant may only claim the value of that portion of the funds or<br />
assets for which they provide evidence of ownership.<br />
F3.15.15 Evidence of settlement funds<br />
Evidence of settlement funds may include, but is not limited to:<br />
• funds held in a <strong>New</strong> <strong>Zealand</strong> bank account(s)<br />
• funds held in an offshore bank account(s), together with evidence that the funds can be<br />
accessed from <strong>New</strong> <strong>Zealand</strong><br />
• acceptable evidence of net assets (either in <strong>New</strong> <strong>Zealand</strong> or offshore).<br />
F3.15.20 Annual income<br />
Annual income may be:<br />
a. earned solely by the principal applicant; or<br />
b. a combined income of the principal applicant and partner (see R2.1.10) who is included in<br />
the resident visa application.<br />
F3.15.25 Evidence of annual income<br />
Evidence of annual income may include, but is not limited to:<br />
• pensions<br />
• earnings from rental properties<br />
• dividends from share portfolios<br />
• interest from investments<br />
• profits from company ownership<br />
• share market trading.<br />
F3.20 Family requirements<br />
See previous instructions F3.20 Effective 29/11/2010<br />
The principal applicant must:<br />
Effective 30/07/2012
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a. be the parent of an adult child who is in <strong>New</strong> <strong>Zealand</strong> and is a <strong>New</strong> <strong>Zealand</strong> citizen or the<br />
holder (or deemed to be the holder) of a residence class visa that is not subject to<br />
conditions under section 49 of the <strong>Immigration</strong> Act 2009; and<br />
b. have no dependent children.<br />
F3.20.1 Evidence of relationship of parent(s) to children<br />
a. Evidence of a parent's relationship to their children is original or certified copies of:<br />
i birth certificates establishing the relationship of the children to the parent(s); or<br />
ii household registration documents, if these establish the relationship of the children to<br />
the parent(s); or<br />
iii evidence of adoption (see R3), which establishes the relationship of the children to the<br />
parents.<br />
b. Other evidence establishing the relationship of the children to the parents may also be<br />
provided.<br />
F3.20.5 Evidence of immigration status of adult child<br />
a. Evidence that the principal applicant's adult child is a <strong>New</strong> <strong>Zealand</strong> citizen may include but<br />
is not limited to original or certified copies of:<br />
• a valid <strong>New</strong> <strong>Zealand</strong> passport<br />
• a Certificate of <strong>New</strong> <strong>Zealand</strong> Citizenship<br />
• a recent official statement of citizenship from the Department of Internal Affairs<br />
• a <strong>New</strong> <strong>Zealand</strong> birth certificate<br />
• an endorsement in a foreign passport indicating the fact of <strong>New</strong> <strong>Zealand</strong> citizenship.<br />
b. Evidence that the adult child is a <strong>New</strong> <strong>Zealand</strong> residence class visa holder (or is deemed to<br />
hold a residence class visa) may include but is not limited to original or certified copies of:<br />
• a <strong>New</strong> <strong>Zealand</strong> resident visa or permanent resident visa in their passport or travel<br />
document<br />
• a <strong>New</strong> <strong>Zealand</strong> residence permit or returning resident's visa granted under the<br />
<strong>Immigration</strong> Act 1987 in their passport or travel document<br />
• a valid Australian passport.<br />
Effective 30/07/2012<br />
F3.25 Approval in principle and transfer of funds<br />
See previous instructions:<br />
F3.25 Effective 25/07/2011<br />
F3.25 Effective 29/11/2010<br />
F3.25.1 Aim and intent<br />
The instructions regarding the nominated investment funds and/or assets and the method of<br />
transfer of those funds to <strong>New</strong> <strong>Zealand</strong> is designed to ensure:<br />
a. the legitimacy and lawful ownership of the nominated funds and/or assets; and<br />
b. the direct transfer of the investment funds through a structured and prescribed process to<br />
guarantee on-going legitimacy and lawful ownership of the funds invested in <strong>New</strong> <strong>Zealand</strong>.
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F3.25.5 Approval in principle<br />
Principal applicants who are assessed as meeting the requirements under the Parent<br />
Retirement Category will be advised that:<br />
a. their application has been approved in principle; and<br />
b. resident visas may be granted once they:<br />
• provide acceptable evidence of having transferred and invested the nominated funds<br />
in accordance with the relevant requirements set out in instructions; and<br />
• provide a <strong>New</strong> <strong>Zealand</strong> address at which they can be contacted by mail, after they<br />
arrive in <strong>New</strong> <strong>Zealand</strong>; and<br />
• pay any applicable migrant levy; and<br />
c. resident visas will be granted subject to conditions under section 49(1) of the <strong>Immigration</strong><br />
Act 2009.<br />
F3.25.10 Transfer of the nominated investment funds<br />
a. When their application is approved in principle, the principal applicant will be required to<br />
transfer the nominated investment funds to <strong>New</strong> <strong>Zealand</strong>. These funds must:<br />
i be the funds initially nominated, or the funds that result from the sale of the same<br />
assets as those initially nominated, in the resident visa application; or<br />
ii be funds, as agreed to by a business immigration specialist, secured against the<br />
nominated assets in the resident visa application and as approved in accordance with<br />
(b) below; and<br />
iii be transferred through the banking system directly from the principal applicant's bank<br />
account(s) to <strong>New</strong> <strong>Zealand</strong>; or<br />
iv be transferred by a foreign exchange company to <strong>New</strong> <strong>Zealand</strong> through the banking<br />
system. Business immigration specialists may not accept the transferred funds if the<br />
applicant cannot provide satisfactory evidence of the following:<br />
the nominated investment funds have been transferred to the foreign exchange<br />
company directly from the principal applicant’s bank account(s): and<br />
the nominated investment funds have not been transferred through the foreign<br />
exchange company contrary to the criminal law of <strong>New</strong> <strong>Zealand</strong>; and<br />
nominated investment funds transferred are traceable; and<br />
cash transactions were not made; and<br />
the foreign exchange company is not suspected of, or proven to have committed<br />
fraudulent activity or financial impropriety in any country it operates from or in.<br />
b. A business immigration specialist may consider, on a case by case basis, borrowed funds<br />
as acceptable investment funds where the principal applicant is able to demonstrate that:<br />
i they own net assets equal or greater in value to the required investment amount; and<br />
ii the borrowed investment funds will be from a bank or commercial lending institution<br />
acceptable to a business immigration specialist and will be secured against the assets<br />
identified under (i); and<br />
iii it is not economically viable or practical to liquidate the nominated assets eg sell a<br />
business.<br />
c. The investment funds that are transferred to <strong>New</strong> <strong>Zealand</strong> and subsequently into an<br />
acceptable investment must be from the same source of funds as nominated in the<br />
resident visa application.
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Note: Nominated funds held in a country other than the country in which they were earned<br />
or acquired legally must have been originally transferred through the banking system, or a<br />
foreign exchange company that uses the banking system from that country.<br />
F3.25.15 Evidence of the transfer of the nominated funds to <strong>New</strong> <strong>Zealand</strong><br />
a. Acceptable evidence of the transfer of the nominated funds must be provided by way of<br />
the telegraphic transfer documentation together with a current bank statement showing<br />
the transfer(s).<br />
b. A business immigration specialist may request any other information to satisfy them that<br />
the above requirements have been met.<br />
F3.25.20 Time frame for investing funds in <strong>New</strong> <strong>Zealand</strong><br />
a. Principal applicants must meet the requirements for transferring and investing the<br />
nominated funds within 12 months of the date of the letter advising of approval in<br />
principle.<br />
b. Applications for residence must be declined if principal applicants do not present<br />
acceptable evidence of having transferred and invested the nominated funds within 12<br />
months from the date of approval in principle.<br />
F3.25.25 When the investment period begins<br />
a. If the investment already meets the investment requirements, the required investment<br />
period begins on the date of the letter advising approval in principle.<br />
b. If the investment is made after approval in principle, the required investment period will<br />
begin on the date the investment requirements are met.<br />
c. The date the investment period begins is specified in the letter to the successful principal<br />
applicant that advises of the conditions on their resident visa (see F3.30.10).<br />
F3.25.30 Evidence of the principal applicant's investment<br />
a. Principal applicants must submit the following information and documentation as evidence<br />
of having invested funds:<br />
i the full name of the investor; and<br />
ii the amount invested in <strong>New</strong> <strong>Zealand</strong> dollars; and<br />
iii the date the investment was made; and<br />
iv the type of investment (in the case of shares or bonds in companies, the names of the<br />
companies invested in and the number of shares or bonds purchased must be listed);<br />
and<br />
v documentary evidence of the investment; and<br />
vi a letter from a reliable independent professional (for example, a solicitor or chartered<br />
accountant), confirming that the funds have been invested.<br />
b. A business immigration specialist, at their discretion, may require any other form of<br />
evidence.
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F3.25.35 Temporary visa to arrange transfer and/or investment of funds<br />
a. After approval in principle, and upon application, a work visa may be granted to allow the<br />
principal applicant to arrange the transfer to, and investment of funds in, <strong>New</strong> <strong>Zealand</strong>.<br />
b. The work visa will be valid for multiple entries to <strong>New</strong> <strong>Zealand</strong> for 12 months after<br />
Approval in Principle has been given.<br />
c. A work visa may be granted for the same period on application to the principal applicant's<br />
partner (see WS2(e)).<br />
F3.30 Resident visas<br />
F3.30.1 Grant of resident visas<br />
a. <strong>Residence</strong> visas may only be granted once principal applicants have:<br />
i met the transfer requirements set out at F3.25.10; and<br />
ii placed the funds into an acceptable investment; and<br />
iii paid any applicable migrant levy (see R5.90).<br />
Effective 30/07/2012<br />
b. <strong>Residence</strong> visas will be granted subject to the conditions imposed under section 49(1) of<br />
the <strong>Immigration</strong> Act 2009 in accordance with the instructions set out at F3.30.10.<br />
F3.30.10 Resident visas subject to conditions under section 49(1) of the <strong>Immigration</strong><br />
Act<br />
See also <strong>Immigration</strong> Act 2009 s 49<br />
Under the Parent Retirement Category, a resident visa granted to a principal or secondary<br />
applicant is subject to the following conditions imposed under section 49(1) of the <strong>Immigration</strong><br />
Act 2009:<br />
a. that the principal applicant retains an acceptable investment in <strong>New</strong> <strong>Zealand</strong> for a<br />
minimum of four years under the Parent Retirement Category; and<br />
b. that the principal applicant informs the nearest branch of INZ of any changes of <strong>New</strong><br />
<strong>Zealand</strong> address during the investment period; and<br />
c. at the two-year anniversary of the investment period, the principal applicant submits<br />
evidence that they are retaining an acceptable investment in <strong>New</strong> <strong>Zealand</strong>; and<br />
d. that within 3 months after the expiry date of the investment period, the principal applicant<br />
submits evidence to INZ that they have met requirement (a).<br />
F3.30.15 Investment transfers during the investment period<br />
Investment funds may be transferred from one investment to another during the investment<br />
period, provided:<br />
a. the funds remain invested in <strong>New</strong> <strong>Zealand</strong> in <strong>New</strong> <strong>Zealand</strong> currency at all times during the<br />
investment period; and
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b. the investment of the funds continues, during the investment period, to meet all other<br />
requirements for investments.<br />
F3.35 Section 49(1) conditions<br />
Effective 29/11/2010<br />
F3.35.1 Reminder from <strong>Immigration</strong> <strong>New</strong> <strong>Zealand</strong> to provide evidence of section<br />
49(1) conditions being met<br />
a. <strong>Immigration</strong> <strong>New</strong> <strong>Zealand</strong> will attempt to contact the principal applicant:<br />
i three months before the two-year anniversary; and<br />
ii three months before the expiry of the required investment period requesting evidence<br />
that section 49(1) conditions are being met.<br />
b. The evidence must be provided no later than three months after the two-year anniversary<br />
and the expiry of the required investment period.<br />
F3.35.5 End of investment period<br />
Conditions imposed under section 49(1) of the <strong>Immigration</strong> Act 2009 may be lifted if the<br />
principal applicant provides evidence of compliance within three months after the expiry date<br />
of the investment period.<br />
F3.35.10 Retention of acceptable investment<br />
a. The principal applicant will need to show that they have retained an acceptable investment<br />
in <strong>New</strong> <strong>Zealand</strong> for the required investment period.<br />
b. Suitable evidence will include documentation from a reliable independent professional (for<br />
example, a solicitor or chartered accountant) stating:<br />
i the full name of the investor; and<br />
ii the amount invested; and<br />
iii the date the investment was lodged; and<br />
iv the type of investment (in the case of shares or bonds, the names of the companies<br />
invested in and the number of shares or bonds purchased must be listed); and<br />
v confirmation that the funds were invested in <strong>New</strong> <strong>Zealand</strong> for the full investment<br />
period or, if transferred, the date of lodgement and withdrawal of the investment.<br />
c. If the principal applicant has established or purchased a shareholding or bonds in more<br />
than one business this information should be provided for each of the businesses.<br />
d. If the principal applicant has transferred funds between several organisations during the<br />
investment period, they should provide letters from every organisation they have invested<br />
with. Lodgement and withdrawal dates will be checked to ensure that funds have been<br />
held continuously in <strong>New</strong> <strong>Zealand</strong> for the required investment period.<br />
e. A business immigration specialist may request any other information in order to be<br />
satisfied that the above requirements have been met.<br />
f. Evidence that the requirements have been met includes:
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i submission of the evidence required by paragraphs (b) to (e) no later than three<br />
months after the two-year anniversary and the expiry date of the required investment<br />
period; and<br />
ii subsequent written confirmation on file (by a business immigration specialist) that the<br />
investment requirements have been met.<br />
F3.35.15 Non compliance with section 49(1) conditions<br />
See also <strong>Immigration</strong> Act 2009 s 159<br />
If section 49(1) conditions have not been complied with at the two-year anniversary check and<br />
at the end of the required investment period, the resident visa holder may become liable for<br />
deportation under section 159 of the <strong>Immigration</strong> Act 2009.<br />
F3.35.20 Compliance with section 49(1) conditions<br />
a. When the principal applicant has satisfied an immigration officer that they have met the<br />
section 49(1) conditions at the two-year anniversary of the investment period and they<br />
will be eligible for a variation of travel conditions to allow travel for a further 24 months<br />
(RV3.15).<br />
b. When the principal applicant has satisfied a visa or immigration officer that the conditions<br />
imposed on their resident visa under section 49(1) have been complied with, those<br />
conditions will no longer apply and the officer will advise the applicant in writing.<br />
Effective 29/11/2010
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F4 PARENT CATEGORY<br />
F4.1 Summary of requirements<br />
F4.1.1 Objective<br />
The objective of the Parent Category is to support family connections, in order to:<br />
a. progress <strong>New</strong> <strong>Zealand</strong> Government economic objectives for immigration; and<br />
b. attract and retain skilled and productive migrants, while also limiting the costs of <strong>New</strong><br />
<strong>Zealand</strong> Government benefits.<br />
F4.1.5 Ability to apply<br />
A person may only apply for a resident visa under the Parent Category (see F4.10) if:<br />
a. they have been issued an invitation to apply under the Parent Category; and<br />
b. they apply for a resident visa under the Parent Category within four months of the date of<br />
the letter inviting them to apply; and<br />
c. that invitation has not been revoked.<br />
F4.1.10 Health, character and English language requirements<br />
Applicants under the Parent Category must meet:<br />
a. the health and character requirements specified at A4 and A5; and<br />
b. a minimum standard of English, or pre-purchase English for Speakers of Other Languages<br />
tuition to the specified level (see F4.15).<br />
F4.1.15 Family relationships<br />
a. In each case, the parent(s) must:<br />
i be sponsored by the adult child referred to in F4.1.15(c) below, who is an acceptable<br />
sponsor as set out at R4.5.<br />
ii demonstrate they meet the family relationship requirements at F4.20.<br />
b. An applicant under Parent Category must have no dependent children (see F4.20.5).<br />
c. The applicant’s sponsor must have been a <strong>New</strong> <strong>Zealand</strong> citizen and/or <strong>New</strong> <strong>Zealand</strong><br />
resident for at least three years immediately preceding the date the application they wish<br />
to sponsor is made (see F4.25); and<br />
d. The applicant’s sponsor must meet the undertakings set out at R4.10 for the first 5 years<br />
of the applicant’s stay in <strong>New</strong> <strong>Zealand</strong> as a resident.<br />
Note: Parents sponsored by children who INZ determines to be dependent will not meet the<br />
requirements to be granted residence.<br />
F4.1.20 Two tiered system<br />
Applicants under the Parent Category must either:
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a. meet one of the requirements for tier one at F4.30 that they:<br />
i have a sponsor (and, if applicable, that sponsor’s partner) who meets a minimum<br />
annual income level for tier one (see F4.30.1); or<br />
ii have a sufficient guaranteed lifetime minimum income (see F4.30.5); or<br />
iii bring sufficient settlement funds to <strong>New</strong> <strong>Zealand</strong> (see F4.30.10); or<br />
b. meet the requirements for tier two at F4.35 that:<br />
i they have a sponsor (and, if applicable, that sponsor’s partner) who meets a minimum<br />
income for tier two (see F4.35.1); and<br />
ii the applicants’ other adult children (if any) live lawfully and permanently outside the<br />
country in which the applicant lives lawfully and permanently (see F4.35.5).<br />
F4.1.25 Evidential requirements<br />
All applicants under the Parent Category must meet the evidential requirements set out at<br />
F4.40.<br />
F4.5 Definitions<br />
See previous instructions F4.5 30/07/2012<br />
F4.5.1 Definition of 'lawfully and permanently'<br />
People are lawfully and permanently in a country if they either:<br />
a. are:<br />
Effective 30/07/2012<br />
i citizens or persons who have the right of or permission to take up indefinite residence<br />
in that country, and<br />
ii actually reside in that country; or<br />
b. live in a refugee camp in that country with little chance of repatriation.<br />
Note: For the purpose of determining whether an applicant meets the requirements of the<br />
Parent Category, if a person does not have the right of, or permission to take up, indefinite<br />
residence in the country in which they actually reside, they are deemed to be lawfully and<br />
permanently in the country in which they:<br />
~ predominantly lived in the last 10 years; and<br />
~ are entitled to reside lawfully and permanently.<br />
F4.5.5 Definition of 'dependent child'<br />
For the purpose of the Parent Category, and despite the definition in section 4 of the<br />
<strong>Immigration</strong> Act 2009, a child is dependent if they:<br />
a. are:<br />
i aged 21 to 24, with no child(ren) of their own; and<br />
ii single; and<br />
iii totally or substantially reliant on their parent(s) for financial support, whether living<br />
with them or not; or
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b. are:<br />
c. are:<br />
i aged 18 to 20, with no child(ren) of their own; and<br />
ii single (see F5.10.15); or<br />
i aged 17 or younger; and<br />
ii single; and<br />
iii totally or substantially reliant on their parent(s) for financial support, whether living<br />
with them or not.<br />
d. When determining whether a child of 21 to 24 years of age is totally or substantially<br />
reliant on their parent(s) for financial support, immigration officers must consider the<br />
whole application, taking into account all relevant factors including whether the child:<br />
• is in paid employment, whether this is full-time or part-time, and its duration;<br />
• has any other independent means of financial support;<br />
• is living with their parents or another family member, and the extent to which other<br />
support is provided; or<br />
• is studying, and whether this is full-time or part-time.<br />
F4.5.10 Definition of 'adult child'<br />
For the purpose of the Parent Category, 'adult child' means a child of 18 or older, unless they<br />
are dependent (see F4.5.5).<br />
F4.5.15 Definition of 'adult child’ for sponsorship purposes<br />
a. For sponsorship purposes, 'adult child' means a child of 18 or older.<br />
b. However, children aged 18 to 24 must only be considered as 'adult children’ for<br />
sponsorship purposes if they can satisfy an immigration officer that they, like other<br />
sponsors, are able to meet sponsorship undertakings (see R4.10) and, if applicable, the<br />
minimum income requirement (see F4.30.1 and F4.35.1).<br />
Note: Parents sponsored by adult children who are also dependent children will not meet the<br />
requirements at F4.20.5.<br />
F4.5.20 Definition of ‘guaranteed lifetime minimum income’<br />
For the purposes of the Parent Category, a ‘guaranteed lifetime minimum income’ is an annual<br />
income that is paid to a person indefinitely to at least the level required to be granted<br />
residence under tier one of the Parent Category (see F4.30.5). Income can only be considered<br />
‘indefinite’ if it will continue to be paid to a person indefinitely once they become a <strong>New</strong><br />
<strong>Zealand</strong> resident and citizen.<br />
F4.5.25 Definition of 'funds earned or acquired legally'<br />
a. Funds and/or assets earned or acquired legally are funds and/or assets earned or acquired<br />
in accordance with the laws of the country in which they were earned or acquired.<br />
b. <strong>Immigration</strong> officers have discretion to decline an application if they are satisfied that, had<br />
the funds and/or assets been earned or acquired in the same manner in <strong>New</strong> <strong>Zealand</strong>,<br />
they would have been earned or acquired contrary to the criminal law of <strong>New</strong> <strong>Zealand</strong>.
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F4.5.30 Definition of 'unencumbered funds'<br />
Unencumbered funds are funds that are not subject to any mortgage, lien, charge and/or<br />
encumbrance (whether equitable or otherwise) or any other creditor claims.<br />
F4.5.35 Definition of ‘<strong>New</strong> <strong>Zealand</strong> Government benefit’<br />
For the purposes of the Parent Category, a ‘<strong>New</strong> <strong>Zealand</strong> Government benefit’ is welfare<br />
assistance which was applied for and granted under the Social Security Act 1964.<br />
Effective 26/11/2012<br />
F4.10 Expressions of interest and applications under the Parent Category<br />
F4.10.1 Expressing interest in being invited to apply for residence under the Parent<br />
Category<br />
a. A person notifies that they are interested in being invited to apply for a resident visa under<br />
the Parent Category by submitting an Expression of Interest (EOI) to <strong>Immigration</strong> <strong>New</strong><br />
<strong>Zealand</strong> (INZ) in the prescribed manner. In order to submit an EOI in the prescribed<br />
manner, a person must submit to an immigration officer:<br />
i a completed prescribed Parent Category EOI form; and<br />
ii the appropriate fee (if any).<br />
b. By completing an EOI, a person provides a declaration about their and any potential<br />
secondary applicant’s:<br />
i identity, health and character; and<br />
ii English language ability or an intention to agree to pre-purchase English for Speakers<br />
of Other Languages (ESOL) tuition (see F4.15); and<br />
iii relationship to their sponsoring adult child and any other children the applicants have<br />
(see F4.20); and<br />
iv adult child’s eligibility to sponsor them for <strong>New</strong> <strong>Zealand</strong> residence under the Parent<br />
Category (see F4.25); and<br />
v guaranteed lifetime minimum income, settlement funds, or the income of their<br />
sponsor, or of their sponsor and their sponsor’s partner (see F4.30 and F4.35).<br />
c. It is the responsibility of the person submitting the EOI to ensure that the information<br />
given is correct in all material respects.<br />
Note: For the purposes of F4.10.1(b)(v), people submitting EOIs under tier two will only be<br />
required to declare their sponsor and/or their sponsor’s partner’s income.<br />
F4.10.5 Implications of providing false or misleading information<br />
See <strong>Immigration</strong> Act 2009, ss 93 and 158<br />
a. The <strong>Immigration</strong> Act 2009 provides that there is sufficient grounds to decline an<br />
application for a resident visa and for the holder of a resident visa granted under the<br />
Parent Category to become liable for deportation in cases of:<br />
i the provision of false or misleading information as part of an EOI or associated<br />
submission; or<br />
ii the withholding of relevant potentially prejudicial information from an EOI or<br />
associated submission; or
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iii failure to advise an immigration officer of any fact or material change in circumstances<br />
that occurs after an EOI is submitted that may affect a decision to invite the person to<br />
apply for a resident visa or to grant a resident visa.<br />
b. Information relating to a claim made in an EOI that is factually inaccurate and is relevant<br />
to the issuing of an invitation to apply or the assessment of a resident visa application will<br />
be considered misleading unless the principal applicant can demonstrate that there is a<br />
reasonable basis for making that claim.<br />
F4.10.10 Submission of Expressions of Interest to the Pool<br />
a. EOIs submitted in the prescribed manner may be entered into a pool of Expressions of<br />
Interest (the Pool).<br />
b. A person may only have one EOI in the Pool at any time (regardless of the tier of the EOI).<br />
c. Each EOI will be entered into the Pool in either tier one or tier two as indicated in the EOI<br />
form.<br />
d. Despite (c) above, if permission is given by the person expressing interest, an EOI may be<br />
entered into the alternative tier of the Pool (see F4.10.10(e) and (f)).<br />
e. If a person with an EOI in the Pool under tier two updates their information and becomes<br />
eligible to be entered into the Pool under tier one, their EOI will be entered into the Pool<br />
under tier one based on the original date the EOI was previously entered under tier two.<br />
f. If a person with an EOI in the Pool under tier one updates their information and is no<br />
longer eligible under tier one, but is eligible under tier two, their EOI will be entered into<br />
the Pool under tier two based on the original date the EOI was previously entered under<br />
tier one.<br />
g. Where a person with an EOI already entered into the Pool updates their information and<br />
no longer meets the requirements of the Parent Category under either tier, their EOI will<br />
be withdrawn from the Pool and lapsed.<br />
F4.10.15 Selection of Expressions of Interest<br />
a. EOIs will be selected from the pool in the following order:<br />
i Tier one EOIs will be selected first and in order based on the date the EOIs were<br />
entered into the Pool; and<br />
ii <strong>Residence</strong> applications lodged under the Parent and Sibling and Adult Child categories<br />
before 16 May 2012 will be selected second, in date order; and<br />
iii Tier two EOIs will be selected third and in order based on the date the EOIs were<br />
entered into the Pool, only if there are no tier one EOIs and no applications that were<br />
lodged before 16 May 2012.<br />
b. The ranking of EOIs will change as EOIs enter, or are selected from, the Pool or any given<br />
tier of the Pool.<br />
c. EOIs will be selected in sufficient numbers to meet the requirements of the Capped Family<br />
Sponsored stream of the <strong>New</strong> <strong>Zealand</strong> <strong>Residence</strong> Programme (NZRP) at the time of<br />
selection (subject to any adjustment to the number or distribution of places in the NZRP<br />
determined by the Government) (see R6).<br />
d. EOIs are selected from the Pool periodically on the Government's behalf by the Ministry of<br />
Business, Innovation and Employment.
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F4.10.20 Invitation to apply for a resident visa under the Parent Category<br />
a. People whose EOIs have been selected from the Pool may be issued an invitation to apply<br />
for a resident visa under the Parent Category.<br />
b. An immigration officer may decline an EOI if they are not satisfied claims made within the<br />
EOI are:<br />
i credible, or<br />
ii sufficient to meet the requirements of the Parent Category.<br />
c. An immigration officer may, but is not required to, seek further evidence, information and<br />
submissions from a person whose EOI has been selected from the Pool, for the purpose of<br />
determining whether their claims are credible and whether there are any health or<br />
character issues that may adversely affect their ability to be granted a resident visa under<br />
the Parent Category.<br />
d. If an immigration officer is not satisfied the claims made in an EOI selected from the Pool<br />
under tier one would be sufficient to meet the requirements of the Parent Category under<br />
tier one, but believes the EOI would meet the requirements under tier two, the EOI will be<br />
re-entered into the Pool under tier two. Despite F4.10.10(d), an immigration officer is not<br />
required to gain permission from the person expressing interest in order to do this. The<br />
EOI’s place in the Pool will be based on the date the EOI was first entered into the Pool<br />
under tier one.<br />
e. In any particular case, the selection of an EOI from the Pool may not result in an invitation<br />
to apply for a resident visa under the Parent Category.<br />
Note: A decision to invite a person to apply for a resident visa under the Parent Category<br />
does not guarantee in any subsequent application for a resident visa a positive assessment<br />
of any requirements for the Parent Category or generic residence (including health, and<br />
character).<br />
For the purposes of F4.10.20(d), re-entry into the Pool does not guarantee a person will be<br />
invited to apply once their EOI is selected from the Pool under tier two.<br />
F4.10.25 Assessing Parent Category applications<br />
a. A person who is sent an invitation to apply for residence under tier one of the Parent<br />
Category may only apply for residence using tier one requirements (see F4.35).<br />
b. A person who is sent an invitation to apply for residence under tier two of the Parent<br />
Category may make a Parent Category application using the requirements for either tier<br />
one or tier two (see F4.35 and F4.40).<br />
c. Applications received under tier one of the Parent Category:<br />
i will be assessed against the requirements for tier one at F4.35 and the generic<br />
requirements for the Parent Category (sections F4.15 to F4.25); and<br />
ii despite R5.20(c), cannot be assessed against the requirements for tier two at F4.40.<br />
d. d. Applications received under tier two of the Parent Category:<br />
i will be assessed against the requirements for tier two at F4.40 and the generic<br />
requirements for the Parent Category (sections F4.15 to F4.25); and<br />
ii may be assessed against tier one requirements at F4.35 in accordance with R5.20(c).
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e. Applications received under the Parent Category before 16 May 2012 will be processed<br />
using the requirements in force at the time they were accepted for processing.<br />
f. Applications made under the Parent Category will be assessed against the residence<br />
instructions that applied at the time the EOI selection that directly lead to the application<br />
was made.<br />
Effective 30/07/2012<br />
F4.13 Transitional provisions for Parent Category applications accepted for<br />
processing before 16 May 2012<br />
See previous instructions F4.13 Effective 30/07/2012<br />
a. An applicant with a Parent Category application that was accepted for processing by<br />
<strong>Immigration</strong> <strong>New</strong> <strong>Zealand</strong> (INZ) before 16 May 2012 but has not been decided may submit<br />
a Parent Category expression of interest (EOI) (see F4.10).<br />
b. If the applicant is invited to apply for residence, they may lodge a new Parent Category<br />
application, provided they meet the requirements set out at F4.1.5.<br />
Note: The applicant under F4.13.1 must submit an EOI in the prescribed manner, including<br />
paying the appropriate EOI fee (see F4.10.1)<br />
F4.13.1 Application fee waivers<br />
a. The application fee will be waived for applications under tier one lodged by people who<br />
have an existing Parent Category that was accepted for processing before 16 May 2012<br />
(as per F4.13 above).<br />
b. The application fee will not be waived for applications under tier two lodged by people who<br />
have an existing Parent Category that was accepted for processing before 16 May 2012<br />
(as per F4.13 above).<br />
c. Where an applicant has a Parent Category application accepted for processing by INZ and<br />
their application fee waived, the Parent Category residence application that was accepted<br />
for processing before 16 May 2012 will be lapsed.<br />
F4.13.5 Transitional provisions for medical and police certificates<br />
a. Where an applicant lodges a subsequent application under F4.13 above, the applicant’s:<br />
i Medical and Chest X-ray Certificate (INZ 1007) included in their initial Parent Category<br />
application may be considered valid for the purposes of A4.20; and<br />
ii police certificate included in their initial Parent Category application may be considered<br />
valid for the purposes of A5.10(a).<br />
b. Applicants must still meet the health and character requirements set out at A4 and A5.<br />
c. Despite (a) above, an immigration officer may request:<br />
i a General Medical Certificate (INZ 1007) and a Chest X-ray Certificate (INZ 1096)<br />
which are less than three months old if they consider this is necessary to establish<br />
whether the applicant has an acceptable standard of health; and
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ii a new police certificate if there is a good reason to do so.<br />
F4.15 English language requirements for the Parent Category<br />
See previous instructions F4.15 Effective 30/07/2012<br />
F4.15.1 Minimum standard of English<br />
Effective 26/11/2012<br />
a. Applications under the Parent Category must be declined if any applicant included in the<br />
application has not met the minimum standard of English or the requirements to prepurchase<br />
English for speakers of other languages (ESOL) tuition.<br />
b. Applicants under the Parent Category meet the minimum standard of English if they:<br />
i provide a Test Report Form (no more than two years old at the time the application is<br />
lodged) from<br />
ii the International English Language Testing System (IELTS) that shows they meet at<br />
least two competencies of level 4 or above; or<br />
iii provide other evidence that satisfies an immigration officer that, taking account of that<br />
evidence and all the circumstances of the application, they are a competent user of<br />
English (see SM5.5(c)(iii)); or<br />
iv satisfy the requirements of SM5.10(b)(i) or (iii); or<br />
v are citizens of Samoa who have applications assessed under the Parent Category at<br />
the Apia <strong>Immigration</strong> <strong>New</strong> <strong>Zealand</strong> (INZ) branch and, after an interview, satisfy an<br />
immigration officer that they have sufficient English language ability.<br />
c. When applying (b)(iv) above, the interviewing immigration officer determines if applicants<br />
meet the minimum English language requirement by assessing whether they are able to:<br />
i read English; and<br />
ii understand and respond to questions in English; and<br />
iii maintain an English language conversation about themselves, their family or their<br />
background.<br />
d. In any case in terms of (b) above, an immigration officer may require any or each<br />
applicant to provide an IELTS certificate. In such cases, the IELTS certificate will be used<br />
to determine whether the applicant meets the minimum standard of English.<br />
Note: Full consideration must be given to all evidence of English language ability provided<br />
before a decision to request an IELTS certificate under F4.15.1 (d) is made. If an IELTS<br />
certificate is requested, the reason(s) behind the decision must be clearly documented and<br />
conveyed to the applicant.<br />
F4.15.5 Pre-purchase of English for Speakers of Other Languages (ESOL) tuition<br />
a. Instead of meeting the minimum standard of English, any applicant may pre-purchase<br />
ESOL tuition. ESOL tuition must be pre-purchased from the Tertiary Education Commission<br />
(TEC) by paying the required charge to INZ (who collect this charge on behalf of TEC).<br />
b. Applicants must pay any ESOL charge due, sign the ESOL Agreement and return it to INZ<br />
within the time specified by INZ before a resident visa is able to be granted (see<br />
F4.15.20).
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F4.15.10 The amount of ESOL tuition to be pre-purchased by applicants<br />
For the purposes of the Parent Category, the amount of ESOL tuition to be paid is NZ$1,735<br />
per applicant, which gives an ESOL entitlement of NZ$1,533.33 per applicant.<br />
F4.15.15 TEC to arrange ESOL tuition<br />
a. The applicant is entitled to tuition to the value of the ESOL entitlement of the ESOL tuition<br />
charge. This does not include the INZ and TEC administration costs.<br />
b. TEC advises the applicant of the list of suitable ESOL tuition providers in <strong>New</strong> <strong>Zealand</strong>,<br />
from which the applicant may nominate one of their own choice.<br />
c. TEC will manage the contract between the ESOL tuition provider and the applicant.<br />
d. The applicant must advise TEC of their <strong>New</strong> <strong>Zealand</strong> address.<br />
F4.15.20 Applicant's agreement with TEC<br />
a. Each applicant who pre-purchases ESOL tuition must sign an Agreement with TEC by<br />
which they agree, among other things, that they understand the rules for taking up ESOL<br />
tuition in <strong>New</strong> <strong>Zealand</strong> and the refund provisions.<br />
b. The content of the Agreement is determined by INZ and TEC.<br />
c. Included with the Agreement is a Schedule that sets out the personal details of the<br />
applicant and the amount of tuition to be purchased.<br />
F4.15.25 Completion of Agreement<br />
a. When an application for a resident visa is approved in principle, applicants will be given<br />
two copies of the Agreement to complete for each person in the application undertaking<br />
ESOL tuition.<br />
b. After completion of the Agreement, one copy is retained by the applicant, and the other<br />
copy is returned to the relevant INZ processing office with the tuition fee(s).<br />
c. If the Agreement is not signed and returned to INZ within the time specified by INZ, the<br />
resident visa application must be declined.<br />
d. The INZ copy of the Agreement should be sent to the TEC.<br />
F4.15.30 Failure to pre-purchase ESOL tuition<br />
Any ESOL tuition fee must be paid before a resident visa may be granted. If the tuition fee is<br />
not paid to the INZ within the specified time, the resident visa application must be declined.<br />
F4.15.35 Limited period to use ESOL tuition<br />
a. If ESOL tuition is purchased, the applicant must complete the tuition within five years from<br />
the date of payment.<br />
b. ESOL tuition will not be available without further payment, nor will refunds be given, to<br />
applicants who do not take up ESOL tuition within the time limits specified at F4.15.35(a).
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F4.15.40 Refund of ESOL tuition fees<br />
a. If ESOL tuition fees are paid but the applicant does not take up residence by being a<br />
residence class visa holder in <strong>New</strong> <strong>Zealand</strong>, a refund of the ESOL tuition fee may be<br />
granted upon request to INZ. The request must be made in writing.<br />
b. Requests for refunds must be declined if they are made more than six months after the<br />
expiry of the travel conditions allowing travel to <strong>New</strong> <strong>Zealand</strong>.<br />
c. <strong>Immigration</strong> officers considering requests for refunds must be satisfied that none of the<br />
applicants included in the application have:<br />
i entered <strong>New</strong> <strong>Zealand</strong> as residents; or<br />
ii hold resident visas with current travel conditions.<br />
d. The person who paid the ESOL tuition fee will only be refunded the ESOL entitlement. INZ<br />
and TEC administration costs will not be refunded.<br />
F4.20 Family relationship requirements for the Parent Category<br />
Effective 26/11/2012<br />
F4.20.1 Who are considered to be children of the principal applicant and the principal<br />
applicant's family?<br />
a. For the purposes of the Parent Category, children of the principal applicant and the<br />
principal applicant's family include:<br />
i all biological or adopted children of the principal applicant; and<br />
ii any child of the principal applicant's partner (whether or not the partner is included in<br />
the application) if that child has lived with the principal applicant for a predominant<br />
period of the child's life between the time their relationship with the principal applicant<br />
began and until the time the child turned 18 years of age.<br />
b. For the purposes of the Parent Category, where the principal applicant is a legal guardian,<br />
children of the principal applicant and the principal applicant's family include:<br />
i the <strong>New</strong> <strong>Zealand</strong> citizen or resident sponsor; and<br />
ii all biological and adopted children of the principal applicant; and<br />
iii any children of whom they are (or were) legal guardians by reason of the parents of<br />
those children being deceased; and<br />
iv any child of the principal applicant's partner (whether or not the partner is included in<br />
the application), if that child has lived with the principal applicant for a predominant<br />
period of the child's life between the time their relationship with the principal applicant<br />
began and until the time the child turned 18 years of age.<br />
c. For the purposes of the Parent Category, where the principal applicant is a grandparent,<br />
children of the principal applicant and the principal applicant's family include:<br />
i the <strong>New</strong> <strong>Zealand</strong> citizen or resident sponsor; and<br />
ii all biological and adopted children of the principal applicant; and<br />
iii any child of the principal applicant's partner (whether or not the partner is included in<br />
the application), if that child has lived with the principal applicant for a predominant<br />
period of the child's life between the time their relationship with the principal applicant<br />
began and until the time the child turned 18 years of age.
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F4.20.5 Applicants who have dependent children<br />
Applicants under the Parent Category must not have any dependent children (see F4.5.5). An<br />
application will be declined if any applicant(s) included in the application have dependent<br />
children.<br />
F4.20.10 Grandparents and legal guardians<br />
a. A principal applicant and their partner will be considered to be ‘parent(s)' and a sponsor<br />
will be considered to be an 'adult child' under Parent Category if:<br />
i both the sponsor's parents died before the sponsor attained the age of 20 years; and<br />
ii the principal applicant had legal guardianship of the sponsor (that is, custody of the<br />
sponsor and the right to control the sponsor's upbringing) before the sponsor attained<br />
the age of 20 years; and<br />
iii the principal applicant was the most recent legal guardian of the sponsor.<br />
b. A sponsor's grandparent and their partner will be considered to be ‘parent(s)' and a<br />
sponsor will be considered to be an ‘adult child' under Parent Category if both the<br />
sponsor's parents are deceased.<br />
c. Only one grandparent and their partner, or one guardian and their partner, may be<br />
sponsored under Parent Category.<br />
F4.25 Sponsorship requirements for the Parent Category<br />
Effective 30/07/2012<br />
In order to gain residence under the Parent Category, applicants must be sponsored by an<br />
adult child (see F4.20) who:<br />
a. meets the requirements to be an acceptable sponsor as set out at R4.5, including being:<br />
i ordinarily resident in <strong>New</strong> <strong>Zealand</strong>; and<br />
ii a <strong>New</strong> <strong>Zealand</strong> citizen and/or the holder of a <strong>New</strong> <strong>Zealand</strong> residence class visa for at<br />
least three years immediately preceding the date the application they wish to sponsor<br />
is made; and<br />
b. agrees to meet the undertakings set out at R4.10 for the first five years of the applicant’s<br />
stay in <strong>New</strong> <strong>Zealand</strong> as a resident.<br />
Note: For the purposes of F4.25, a person is considered to be ‘ordinarily resident’ in <strong>New</strong><br />
<strong>Zealand</strong> where an immigration officer is satisfied that <strong>New</strong> <strong>Zealand</strong> is their primary place of<br />
established residence.<br />
F4.30 Additional requirements for tier one of the Parent Category<br />
See previous instructions F4.30 Effective 30/07/2012<br />
Effective 30/07/2012<br />
In addition to the requirements of the Parent Category in sections F4.1 to F4.25, applicants<br />
under tier one of the Parent Category must meet one of the following requirements:<br />
a. Sponsor’s income (see F4.30.1); or<br />
b. Guaranteed lifetime minimum income (see F4.30.5); or<br />
c. Settlement funds (see F4.30.10).
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F4.30.1 Sponsor’s income<br />
a. To meet the gross minimum income requirements:<br />
i a sponsor or their partner must earn a minimum of $65,000 per annum; or<br />
ii a sponsor and their partner together must earn a minimum of $90,000 per annum.<br />
b. The gross minimum income requirement referred to in (a) above must be met by personal<br />
income that is obtained from one or any combination of:<br />
i sustained paid employment; or<br />
ii regular self-employment; or<br />
iii regular investment income.<br />
c. The minimum income requirement must be met by personal income. Income earned by<br />
another legal entity, such as a business or a trust, cannot be included unless it has been<br />
paid directly to the sponsor and/or their partner in the form of wages or drawings.<br />
d. When assessing whether the income obtained from the source(s) in (b) above is sustained<br />
and/or regular, officers may consider, but are not limited to, such factors as the length of<br />
employment, terms of employment and the regularity of payments.<br />
e. The income of a sponsor’s partner may only be considered if the partner has been:<br />
i living with the sponsor for a period of at least 12 months in a partnership that is<br />
genuine and stable (see F2.10.1), and they meet the requirements for the recognition<br />
of a partnership set out at F2.15; and<br />
ii a <strong>New</strong> <strong>Zealand</strong> residence class visa holders for at least three years immediately<br />
preceding the date the application their partner wishes to sponsor is made, or is a<br />
<strong>New</strong> <strong>Zealand</strong> citizen.<br />
F4.30.5 Guaranteed lifetime minimum income<br />
a. If there is one applicant included in the application, the applicant must have a guaranteed<br />
lifetime minimum income of at least $27,203 gross per annum.<br />
b. If a partner is also included in the application, the applicants jointly must have a<br />
guaranteed lifetime minimum income of at least $39,890 gross per annum.<br />
c. The applicants must meet the evidential requirements set out at F4.40.30.1.<br />
F4.30.10 Settlement funds<br />
a. Principal applicants must:<br />
i nominate funds (or assets that can be converted into funds) to bring to <strong>New</strong> <strong>Zealand</strong><br />
of a minimum value of NZ$500,000; and<br />
ii demonstrate ownership of the nominated funds and/or assets (see the evidential<br />
requirements set out at F4.40.30.5); and<br />
iii demonstrate that the nominated funds and/or assets have been earned or acquired<br />
legally (see F4.5.25 and F4.40.30.5).<br />
b. Funds or assets may be owned either:<br />
i solely by the principal applicant; or<br />
ii jointly by the principal applicant and their partner who is included in the resident visa<br />
application.
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c. The principal applicant may claim the full value of jointly owned funds or assets (as per<br />
F4.30.10(b)(ii) above) for assessment purposes, provided an immigration officer is<br />
satisfied the principal and secondary applicants meet the partnership requirements set out<br />
at R2.1.15.<br />
d. If funds or assets are held jointly by the principal applicant and a person other than their<br />
partner, the principal applicant may only claim the value of that portion of the funds or<br />
assets for which they provide evidence of ownership.<br />
e. The principal applicant may only nominate funds or assets that they earned or acquired<br />
legally, including funds and/or assets which have been gifted to them unconditionally and<br />
in accordance with local law (also see F4.5.25). Where nominated funds or assets have<br />
been gifted to the principal applicant an immigration officer must be satisfied that the<br />
funds or assets being gifted were earned lawfully by the person(s) gifting the funds or<br />
assets.<br />
f. The nominated funds and/or assets must be unencumbered.<br />
g. The nominated funds and/or assets must not be borrowed.<br />
Note: Principal applicants must transfer NZ$500,000 to <strong>New</strong> <strong>Zealand</strong> in order to be granted a<br />
resident visa. The value of the amount transferred will be dependent on the currency exchange<br />
rate at the time of transfer, not at the time the residence application is assessed (see also<br />
F4.30.10.15).<br />
F4.30.10.1 Aim and intent of settlement funds transfer<br />
The instructions regarding the nominated settlements funds and the method of transfer of<br />
those funds to <strong>New</strong> <strong>Zealand</strong> are designed to ensure:<br />
a. the legitimacy and lawful ownership of the nominated funds; and<br />
b. the direct transfer of the settlement funds through a structured and prescribed process to<br />
guarantee ongoing legitimacy and lawful ownership of the funds brought to <strong>New</strong> <strong>Zealand</strong>.<br />
F4.30.10.5 Approval in principle pending the transfer of settlement funds<br />
If the applicants meet the criteria set out for settlement funds at F4.30.10 and all other<br />
requirements under the Parent Category (excluding instructions for transferring funds to <strong>New</strong><br />
<strong>Zealand</strong> at F4.30.10.15), the applicants will be advised that:<br />
a. their application has been approved in principle; and<br />
b. resident visas may be granted once they:<br />
i provide acceptable evidence of having transferred the nominated funds in accordance<br />
with the relevant instructions; and<br />
ii pay any applicable migrant levy and any outstanding fee for English language tuition<br />
to meet English language requirements (see F4.15).<br />
F4.30.10.10 Timeframe for transferring funds to <strong>New</strong> <strong>Zealand</strong><br />
a. Principal applicants must meet the requirements for transferring nominated funds within<br />
12 months of the date of the letter advising of approval in principle.<br />
b. Applications for a resident visa must be declined if a principal applicant does not present<br />
acceptable evidence of having transferred the nominated settlement funds within 12
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months (or 18 months if an extension is granted, see provisions (c), (d), and (e) below)<br />
from the date of approval in principle.<br />
c. Principal applicants may request an extension to their transfer period for up six months.<br />
d. If a principal applicant wishes to request an extension to the timeframe for transferring the<br />
nominated funds to <strong>New</strong> <strong>Zealand</strong>, they must contact the immigration officer within 12<br />
months of the date of the letter advising of Approval in Principle and present evidence of<br />
reasonable attempts to transfer the nominated funds to <strong>New</strong> <strong>Zealand</strong>.<br />
e. Following a principal applicant’s presentation of evidence an immigration officer may:<br />
i grant an extension to the transfer period if they believe the evidence shows the<br />
principal applicant has made reasonable attempts to transfer the nominated funds<br />
within the 12 month time period; or<br />
ii decline to grant an extension to the transfer period if they believe the principal<br />
applicant has not made reasonable attempts to transfer the nominated funds within<br />
the 12 month time period.<br />
F4.30.10.15 Transferring funds to <strong>New</strong> <strong>Zealand</strong><br />
a. When their application meets the requirements for tier one through settlement funds, as<br />
per F4.30.10, and is approved in principle, the applicant will be required to transfer the<br />
nominated settlement funds to <strong>New</strong> <strong>Zealand</strong> and meet the evidential requirements set out<br />
at F4.40.30.10.<br />
b. A minimum of NZ$500,000 in total must be transferred to <strong>New</strong> <strong>Zealand</strong>.<br />
c. These funds must be the funds initially nominated, or the funds that result from the sale of<br />
the same assets as those initially nominated, in the resident visa application; and<br />
i be transferred through the banking system directly from the principal applicant's bank<br />
account(s) to <strong>New</strong> <strong>Zealand</strong>; or<br />
ii be transferred by a foreign exchange company to <strong>New</strong> <strong>Zealand</strong> through the banking<br />
system. <strong>Immigration</strong> officers may not accept the transferred funds if the applicant<br />
cannot provide satisfactory evidence of the following:<br />
the nominated funds have been transferred to the foreign exchange company<br />
directly from the applicant’s bank account(s); and<br />
the nominated funds have been transferred through a foreign exchange company in<br />
a way that is not contrary to laws of <strong>New</strong> <strong>Zealand</strong>; and<br />
the nominated funds transferred are traceable; and<br />
cash transactions were not made; and<br />
the foreign exchange company is not suspected of, or proven to have committed,<br />
fraudulent activity or financial impropriety in any country it operates from or in.
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Note: Nominated funds held in a country other than the country in which they were earned or<br />
acquired legally must have been originally transferred through the banking system, or a<br />
foreign exchange company that uses the banking system from the country in which they were<br />
earned or acquired.<br />
F4.35 Additional requirements for tier two of the Parent Category<br />
See previous instructions F4.35 Effective 30/07/2012<br />
Effective 26/11/2012<br />
In addition to the requirements of the Parent Category set out in sections F4.1 to F4.25,<br />
applicants under tier two of the Parent Category must meet both of the following<br />
requirements:<br />
a. Minimum income of sponsors (see F4.35.1); and<br />
b. Location of applicants’ other adult children (see F4.35.5).<br />
F4.35.1 Minimum income of sponsors<br />
a. In order for an applicant to qualify for residence under tier two of the Parent Category,<br />
their sponsor or their sponsor’s partner must have a gross minimum income of at least<br />
$33,675 per annum. This must be met by personal income that is obtained from one or<br />
any combination of:<br />
i sustained paid employment; or<br />
ii regular self-employment; or<br />
iii regular investment income.<br />
b. The minimum income requirement must be met by personal income. Income earned by<br />
another legal entity, such as a business or a trust, cannot be included unless it has been<br />
paid directly to the sponsor or their partner in the form of wages or drawings.<br />
c. When assessing whether the income obtained from the source(s) in (a) above is sustained<br />
and/or regular, officers may consider, but are not limited to, such factors as the length of<br />
employment, terms of employment and the regularity of payments.<br />
d. The sponsor’s partner’s income may only be considered if the partner:<br />
i has been living with the sponsor for a period of at least 12 months in a partnership<br />
that is genuine and stable (see F2.10.1), and they meet the requirements for the<br />
recognition of a partnership set out at F2.15; and<br />
ii has been a <strong>New</strong> <strong>Zealand</strong> residence class visa holder for at least three years or is a<br />
<strong>New</strong> <strong>Zealand</strong> citizen.<br />
F4.35.5 Location of applicants’ other adult children<br />
In order to qualify for residence under tier two of the Parent Category, all of the applicants’<br />
adult children must live lawfully and permanently outside the country in which the applicant or<br />
applicants live lawfully and permanently (see F4.5.1 and F4.40.35).<br />
F4.35.5.1 Deferring the final decision<br />
a. If the principal applicant under tier two has not met the criteria under F4.35.5 at the time<br />
of assessment, but may be able to meet the criteria within six months, the final decision<br />
on the application may be deferred for up to six months.
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b. A principal applicant and a partner included in the application already in <strong>New</strong> <strong>Zealand</strong> may<br />
be granted a further temporary visa or visas (once an application is made) for a period<br />
sufficient to enable a further assessment of their application after the six-month deferral<br />
period.<br />
F4.35.10 Sponsors who are <strong>New</strong> <strong>Zealand</strong> Government beneficiaries ineligible<br />
a. A person will not be invited to apply for residence if they:<br />
i submit an expression of interest under tier two; and<br />
ii indicate that their sponsor receives a <strong>New</strong> <strong>Zealand</strong> Government benefit from Work and<br />
Income.<br />
b. Sponsors who receive a <strong>New</strong> <strong>Zealand</strong> Government benefit from Work and Income at the<br />
time an application is assessed will not be eligible to sponsor applicants for residence<br />
under tier two requirements of the Parent Category.<br />
F4.40 Evidence<br />
F4.40.1 Evidence of relationship of parent(s) to children<br />
Effective 26/11/2012<br />
a. Evidence of a parent’s relationship to their children is original or certified copies of:<br />
i birth certificates establishing the relationship of the children to the parent; or<br />
ii household registration documents, if these establish the relationship of the children to<br />
the parent; or<br />
iii evidence of adoption (see R3), which establishes the relationship of the children to the<br />
parent.<br />
b. Other evidence establishing the relationship of the children to the parents may also be<br />
provided, or requested by an immigration officer.<br />
F4.40.5 Evidence of relationship to grandparent where the sponsor's parents are<br />
deceased<br />
a. Evidence of sponsor's relationship to their grandparent(s) is original or certified copies of:<br />
i birth certificates establishing the relationship of the sponsor to the grandparent(s); or<br />
ii household registration documents, if these establish the relationship of the sponsor to<br />
the grandparent(s); or<br />
iii evidence of adoption (see R3), which establishes the relationship of the sponsor to the<br />
grandparent(s).<br />
b. Other evidence establishing the relationship of the sponsor to the grandparent(s) may also<br />
be provided, or requested by an immigration officer.<br />
F4.40.10 Evidence of legal guardianship where the sponsor's parents are deceased<br />
Evidence of legal guardianship of the sponsor includes but is not limited to documents showing<br />
that the principal applicant had custody of the sponsor and the right to control the sponsor's<br />
upbringing before the sponsor attained the age of 20, such as the following:<br />
• legal documents (such as the sponsor's parent's will) showing that the principal applicant<br />
was named as the guardian of the sponsor, to have custody of the sponsor and the right<br />
to control their upbringing in the event of the death of the sponsor's biological or adoptive
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parents; or<br />
• a court order granting legal guardianship of the sponsor to the principal applicant<br />
(including custody of the sponsor and the right to control their upbringing) after the death<br />
of their parents and prior to the sponsor attaining the age of 20 years; or<br />
• documents showing that the sponsor lived with the principal applicant after the death of<br />
their parents and prior to the sponsor attaining the age of 20 years; or<br />
• documents such as medical and school records indicating that the principal applicant acted<br />
in the role of a parent for the sponsor after the death of their biological or adoptive<br />
parents and prior to the sponsor attaining the age of 20 years.<br />
F4.40.15 Evidence that parents are deceased<br />
a. Evidence that a sponsor's parents are deceased is original or certified copies of death<br />
certificates for both parents.<br />
b. Where a death certificate is unobtainable, other documentary evidence must be provided<br />
that satisfies an immigration officer that the sponsor's parents are deceased, and the<br />
date(s) of their death.<br />
c. A death certificate is considered to be obtainable even if there is a possible delay or<br />
expense in obtaining it.<br />
F4.40.20 Evidence of dependence<br />
a. Up to and including 20 years of age, if a child is unmarried then he or she is presumed to<br />
be dependent.<br />
b. For children aged 21 to 24, evidence of actual independence may be required.<br />
F4.40.25 Evidence of sponsorship<br />
Evidence is a Sponsorship Form for <strong>Residence</strong> in <strong>New</strong> <strong>Zealand</strong> that:<br />
a. confirms that the sponsor meets the requirements for sponsors who are natural persons<br />
set out at R4.5(d); and<br />
b. contains the undertakings required (see R4.10); and<br />
F4.40.25.1 Evidence that the sponsor and/or their partner meets the minimum<br />
income requirement<br />
Evidence of meeting the minimum income requirement for sponsors (see F4.30.10 and<br />
F4.35.1) may include, but is not limited to, original or certified copies of the following<br />
documents:<br />
• an Inland Revenue Summary of Earnings which shows all income from employment,<br />
pension and withholding payments; or<br />
• wage slips; or<br />
• a current employment contract; or<br />
• bank statements or any other documents from financial institutions.<br />
F4.40.30 Evidence of applicant’s funds under tier one<br />
F4.40.30.1 Evidence of guaranteed minimum lifetime income<br />
a. Evidence of guaranteed minimum lifetime income includes:
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i pensions that will be paid to the applicant(s) indefinitely, including during any time<br />
that they will be <strong>New</strong> <strong>Zealand</strong> residents or citizens; or<br />
ii other stable income paid to the applicant(s) indefinitely, including during any time that<br />
they will be <strong>New</strong> <strong>Zealand</strong> residents or citizens.<br />
b. An immigration officer may decline an application if they are not satisfied the applicant(s)<br />
income:<br />
i is guaranteed; or<br />
ii is stable (to at least the minimum level specified at F4.30.5); or<br />
iii will be paid to the applicant(s) indefinitely.<br />
F4.40.30.5 Evidence of the principal applicant's settlement funds and assets<br />
a. Evidence of settlement funds may include, but is not limited to:<br />
• funds held in a <strong>New</strong> <strong>Zealand</strong> bank account(s); or<br />
• funds held in an offshore bank account(s), together with evidence that the funds can<br />
be accessed from <strong>New</strong> <strong>Zealand</strong>; or<br />
• acceptable evidence of net assets (either in <strong>New</strong> <strong>Zealand</strong> or offshore).<br />
b. All documents provided as valuations of assets must be:<br />
i no more than three months old at the date the resident visa application is made; and<br />
ii produced by a reliable independent agency.<br />
c. An immigration officer may seek further evidence if they:<br />
i are not satisfied that the nominated funds and/or assets were earned or acquired<br />
legally; or<br />
ii consider that the nominated funds and/or assets may have been gifted or borrowed;<br />
or<br />
iii are not satisfied with the valuation provided; or<br />
iv consider that the nominated funds and/or assets fail in some other way to meet the<br />
rules for settlement funds.<br />
F4.40.30.10 Evidence of the transfer of the nominated funds to <strong>New</strong> <strong>Zealand</strong><br />
a. Acceptable evidence of the transfer of the nominated funds must be provided by way of<br />
the telegraphic transfer documentation together with a current bank statement showing<br />
the transfer(s).<br />
b. An immigration officer may request any other information to satisfy them that the above<br />
requirements have been met.<br />
F4.40.35 Evidence of being 'lawfully and permanently' in a country<br />
a. Evidence that a person is lawfully and permanently in a country may include, but is not<br />
limited to, original or certified copies of:<br />
• a passport or passport pages showing identity and a visa (or permit) indicating the<br />
holder is entitled to remain indefinitely in that country; or<br />
• letters or other documents showing that indefinite residence in another country has<br />
been granted; or<br />
• a passport or passport pages showing identity and nationality; or<br />
• naturalisation or citizenship certificates.
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b. If a person does not need a visa (or permit) to live in their country of residence (e.g.<br />
European Union nationals living in other European Union countries), principal applicants<br />
must provide original or certified copies of:<br />
• registration cards or certificates from the local police or municipal authority; or<br />
• confirmation of the person's residence status from an authoritative source such as a<br />
municipal, judicial, police or government authority.<br />
c. Under both (a) and (b) above, evidence must also be provided of actual residence in the<br />
country. Evidence may include, but is not limited to, original or certified copies of:<br />
• correspondence addressed to the person; or<br />
• employment references; or<br />
• rates demands; or<br />
• income tax returns; or<br />
• mortgage documents; or<br />
• documents showing that household effects have been moved to that country.<br />
Effective 30/07/2012<br />
F4.45 Verification of family details and documents<br />
<strong>Immigration</strong> officers may refer to former applications lodged by applicants, family members of<br />
applicants or sponsors in order to verify declarations made by applicants about their family<br />
details (such as the number of family members, the whereabouts of family members, or an<br />
applicant's or partner's marital status).<br />
Effective 30/07/2012<br />
F4.50 Conditions of a resident visa granted under the Parent Category<br />
a. A resident visa granted under the Parent Category is subject to the condition that the<br />
sponsor of the visa holder meets their obligations as set out at R4.10 until five years from<br />
the visa holder’s first day as a resident in <strong>New</strong> <strong>Zealand</strong>.<br />
b. The multiple entry travel conditions on a resident visa granted under the Parent Category<br />
must be valid until five years from the visa holder’s first day as a resident in <strong>New</strong> <strong>Zealand</strong>.<br />
Effective 30/07/2012
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F5 DEPENDENT CHILD CATEGORY<br />
F5.1 How do dependent children qualify for a resident visa?<br />
See previous instructions F5.1 Effective 29/11/2010<br />
a. Principal applicants meet Dependent Child Category if they:<br />
i are:<br />
aged 21 to 24, with no child(ren) of their own; and<br />
single; and<br />
totally or substantially reliant on an adult (whether their parent or not) for financial<br />
support, whether they live with them or not; and<br />
their parent(s) is lawfully and permanently in <strong>New</strong> <strong>Zealand</strong>; or<br />
ii are:<br />
aged 18 to 20, with no child(ren) of their own; and<br />
single; and<br />
their parent(s) is lawfully and permanently in <strong>New</strong> <strong>Zealand</strong>; or<br />
iii are:<br />
aged 17 or younger; and<br />
single; and<br />
totally or substantially reliant on an adult (whether their parent or not) for financial<br />
support, whether they live with them or not; and<br />
their parent(s) is lawfully and permanently in <strong>New</strong> <strong>Zealand</strong>.<br />
b. Principal applicants under Dependent Child Category must also:<br />
i have been born to, or adopted by (see R3), their parent(s) before their parent(s)<br />
made their own application for a residence class visa, and have been declared as<br />
dependent children on their parent(s) application for a residence class visa; or<br />
ii have been born to their parent(s) after their parent(s) made their own application for<br />
a residence class visa; or<br />
iii have been adopted by (see R3) their parent(s) after their parent(s) made their own<br />
application for a residence class visa, by a <strong>New</strong> <strong>Zealand</strong> adoption order made under<br />
the Adoption Act 1955, or an overseas adoption order which, under section 17 of the<br />
Adoption Act 1955, has the same effect as a <strong>New</strong> <strong>Zealand</strong> adoption order.<br />
Note: In the event that the principal applicant was born to, or adopted by their parent(s)<br />
before their parent(s) made their own application for a residence class visa, but that<br />
principal applicant was not declared as a dependent child on their parent’s application for a<br />
residence class visa, section R5.15 will apply.<br />
c. When determining whether a child of 21 to 24 years of age is totally or substantially<br />
reliant on an adult (whether their parent or not) for financial support, immigration officers<br />
must consider the whole application, taking into account all relevant factors including:<br />
• whether the child is in paid employment, whether this is full time or part time, and its<br />
duration;<br />
• whether the child has any other independent means of financial support;<br />
• whether the child is living with its parents or another family member, and the extent<br />
to which other support is provided;<br />
• whether the child is studying, and whether this is full time or part time.
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d. Principal applicants under Dependent Child Category must meet health and character<br />
requirements (see A4 and A5).<br />
F5.5 Definitions<br />
F5.5.1 Definition of 'single'<br />
Effective 30/07/2012<br />
A person is single if they are not living with a partner in a genuine and stable partnership<br />
(F2.10.1).<br />
Note: For the purposes of these instructions partnerships are considered to exist irrespective of<br />
duration.<br />
F5.5.5 Definition of 'lawfully and permanently in <strong>New</strong> <strong>Zealand</strong>'<br />
People who are lawfully and permanently in <strong>New</strong> <strong>Zealand</strong> must be actually residing in <strong>New</strong><br />
<strong>Zealand</strong> and be either:<br />
a. citizens of <strong>New</strong> <strong>Zealand</strong>; or<br />
b. holders (or deemed to be holders) of <strong>New</strong> <strong>Zealand</strong> residence class visas.<br />
F5.10 Evidence<br />
See previous instructions F5.10 Effective 29/11/2010<br />
Effective 29/11/2010<br />
The items listed in F5.10.1 to F5.10.35 below are examples of relevant evidence: other<br />
documents may also be relevant.<br />
F5.10.1 Evidence of dependent child's relationship to parent(s)<br />
a. Evidence of the dependent child's relationship to the parent(s) is original or certified copies<br />
of:<br />
i birth certificates establishing the relationship of the dependent child to the parent(s);<br />
or<br />
ii household registration documents, if these establish the relationship of the dependent<br />
child to the parent(s); or<br />
iii evidence of adoption (see R3), which establishes the relationship of the dependent<br />
child to the parent(s).<br />
b. Other evidence establishing the relationship of the children to the parent(s) may also be<br />
provided.<br />
F5.10.5 Evidence of declaration by parent(s)<br />
Evidence of declaration as a dependent child is the declaration of children on the parent(s)<br />
residence application form.<br />
F5.10.10 Evidence that principal applicant is single, with no children, and 24 or<br />
younger<br />
a. Evidence that the principal applicant is single, with no children, and aged 18 to 24, is:
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i a declaration in the residence application form that the principal applicant is not<br />
married, is not in a civil union, and is not living in a de facto relationship; and<br />
ii a declaration in the residence application form that the principal applicant has no<br />
children; and<br />
iii a birth certificate or other evidence that the principal applicant is aged 18 to 24.<br />
b. Evidence that the principal applicant is single, and 17 or younger, is:<br />
i a declaration in the residence application form that the principal applicant is not<br />
married, is not in a civil union, and is not living in a de facto relationship; and<br />
ii a birth certificate or other evidence that the principal applicant is 17 or younger.<br />
F5.10.15 Evidence of financial dependence (see F5.1)<br />
a. Up to and including 20 years of age, if a child is single and has no children of their own,<br />
they are presumed to be dependent.<br />
b. For children aged 21 to 24, evidence of actual dependence may be required.<br />
F5.10.20 Evidence of adoption under <strong>New</strong> <strong>Zealand</strong> Adoption Act 1955 (see<br />
F5.1(b)(iii))<br />
Evidence is the original or a certified copy of the Notice of Adoption Order.<br />
Note: Notices of interim orders are not evidence of adoption.<br />
F5.10.25 Evidence that overseas adoption has the same effect as a <strong>New</strong> <strong>Zealand</strong><br />
adoption (see F5.1(b)(iii))<br />
Evidence that an overseas adoption has the same effect as a <strong>New</strong> <strong>Zealand</strong> adoption under<br />
section 17 of the Adoption Act 1955, includes:<br />
a. a ruling from a <strong>New</strong> <strong>Zealand</strong> court; or<br />
b. the assessment of the immigration officer, if there are clear precedents for adoptions from<br />
the country concerned.<br />
F5.10.30 Evidence of parent’s <strong>New</strong> <strong>Zealand</strong> citizenship or residence class visa<br />
a. Evidence that a parent is a <strong>New</strong> <strong>Zealand</strong> citizen may include but is not limited to original<br />
or certified copies of:<br />
• <strong>New</strong> <strong>Zealand</strong> passport; or<br />
• a <strong>New</strong> <strong>Zealand</strong> birth certificate issued prior to 1 January 2006; or<br />
• a <strong>New</strong> <strong>Zealand</strong> birth certificate issued on or after 1 January 2006 that positively<br />
indicates <strong>New</strong> <strong>Zealand</strong> citizenship; or<br />
• a certificate of <strong>New</strong> <strong>Zealand</strong> citizenship; or<br />
• a confirmation of <strong>New</strong> <strong>Zealand</strong> citizenship by descent certificate issued under the<br />
Citizenship Act 1977; or<br />
• an evidentiary certificate issued under the Citizenship Act 1977 confirming <strong>New</strong><br />
<strong>Zealand</strong> citizenship.<br />
b. Evidence that a parent is a <strong>New</strong> <strong>Zealand</strong> resident is:<br />
i a current <strong>New</strong> <strong>Zealand</strong> residence class visa in their passport or certificate of identity;<br />
or
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ii evidence the parent is deemed to hold a <strong>New</strong> <strong>Zealand</strong> residence class visa.<br />
F5.10.35 Evidence of being 'lawfully and permanently' in <strong>New</strong> <strong>Zealand</strong><br />
Evidence must be provided of actual residence in <strong>New</strong> <strong>Zealand</strong>. Evidence may include but is<br />
not limited to original or certified copies of:<br />
• correspondence addressed to the applicant<br />
• employment references<br />
• rates demands<br />
• income tax returns<br />
• mortgage documents<br />
• documents showing that household effects have been moved to <strong>New</strong> <strong>Zealand</strong>.<br />
Effective 30/07/2012<br />
F5.15 Verification of family details<br />
<strong>Immigration</strong> officers may refer to former applications lodged by applicants, family members of<br />
applicants, or sponsors in order to verify declarations made by applicants about their family<br />
details (such as the number of family members, the whereabouts of family members, or an<br />
applicant's marital status).<br />
Effective 29/11/2010<br />
F5.20 Dependent children under 16 whose parents are separated or divorced<br />
a. If the parents of a child under the age of 16 are separated or divorced, the <strong>New</strong> <strong>Zealand</strong><br />
citizen or resident parent must have the right to remove the child from the country in<br />
which rights of custody or visitation have been granted, or, if no such rights of visitation<br />
have been granted, from the country of residence.<br />
b. Such children will not be granted a resident visa unless the <strong>New</strong> <strong>Zealand</strong> citizen or<br />
resident parent produces satisfactory evidence of their right to remove the child from the<br />
country in which the rights of custody or visitation have been granted or, if no such rights<br />
of visitation have been granted, from the country of residence.<br />
c. Except where (d) applies, evidence of the right to remove the child from the country in<br />
which rights of custody or visitation have been granted must include original or certified<br />
copies of:<br />
i legal documents showing that the <strong>New</strong> <strong>Zealand</strong> citizen or resident parent has the sole<br />
right to determine the residence of the child, without rights of visitation by the other<br />
parent; or<br />
ii a court order permitting the <strong>New</strong> <strong>Zealand</strong> citizen or resident parent to remove the<br />
child from its country of residence; or<br />
iii legal documents showing that the <strong>New</strong> <strong>Zealand</strong> citizen or resident parent has custody<br />
of the child and a signed statement from the other parent, witnessed in accordance<br />
with local practice or law, agreeing to allow the child to live in <strong>New</strong> <strong>Zealand</strong> if the<br />
application is approved.<br />
d. Where an immigration officer is satisfied that:
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i by virtue of local law, the <strong>New</strong> <strong>Zealand</strong> citizen or resident parent has the statutory<br />
right to custody of the child; and<br />
ii it is not possible or required under that local law to obtain individualised legal<br />
documents to verify that custodial right, the <strong>New</strong> <strong>Zealand</strong> citizen or resident parent<br />
will be considered by INZ to have the right to remove the child from its country of<br />
residence.<br />
Effective 29/11/2010<br />
F5.25 Dependent children under 16 with only one parent holding <strong>New</strong><br />
<strong>Zealand</strong> citizenship or a <strong>New</strong> <strong>Zealand</strong> residence class visa<br />
See previous instructions F5.25 Effective 29/11/2010<br />
a. If one of the parents of a child under the age of 16 is not a <strong>New</strong> <strong>Zealand</strong> citizen or<br />
resident, the <strong>New</strong> <strong>Zealand</strong> citizen or resident parent must have the right to remove the<br />
child from the child’s country of residence.<br />
b. Such children will not be granted a residence class visa unless the <strong>New</strong> <strong>Zealand</strong> citizen or<br />
resident parent produces satisfactory evidence of their right to remove the child from the<br />
child’s country of residence.<br />
c. Except where (e) applies evidence of the right to remove the dependent child from the<br />
child’s country of residence in situations where one parent is not a <strong>New</strong> <strong>Zealand</strong> citizen or<br />
resident, but the parents are not separated or divorced, must include original or certified<br />
copies of:<br />
i a written statement confirmed by both parents at an interview with an immigration<br />
officer, either in person or by phone; or<br />
ii a court order permitting the applicant to remove the child from the child’s country of<br />
residence.<br />
d. If because of the death of one of the parents of a child under the age of 16, only one<br />
parent holds <strong>New</strong> <strong>Zealand</strong> citizenship or residence class visa, the death certificate of the<br />
other parent must be provided.<br />
e. Where an immigration officer is satisfied that:<br />
i by virtue of local law, the <strong>New</strong> <strong>Zealand</strong> citizen or resident parent has the statutory<br />
right to custody of the child; and<br />
ii it is not possible or required under that local law to obtain individualised legal<br />
documents to verify that custodial right, the <strong>New</strong> <strong>Zealand</strong> citizen or resident parent<br />
will be considered by INZ to have the right to remove the child from the child’s<br />
country of residence.<br />
F5.30 English language requirements<br />
Effective 26/11/2012<br />
a. If a principal applicant was eligible to be included as a dependent child of a principal<br />
applicant in an earlier successful application under the General Skills Category, Skilled<br />
Migrant Category, Business <strong>Immigration</strong> Instructions or previous Business Investor<br />
Category, but was not at that time included in the application, they will have to meet the<br />
criteria of the English language instruction applicable at the time the application under<br />
Dependent Child Category is made.<br />
b. Such an applicant will be subject to the applicable English language instruction as if they<br />
were a non-principal applicant under the Skilled Migrant Category or Business <strong>Immigration</strong><br />
Instructions.
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c. A principal applicant who would have been eligible for inclusion in an earlier General Skills<br />
category or Skilled Migrant Category application will be subject to the English language<br />
instruction of the Skilled Migrant Category applicable at the time the application under the<br />
Dependent Child Category is made.<br />
d. A principal applicant who would have been eligible for inclusion in an earlier Business<br />
Investor category or Business <strong>Immigration</strong> Instructions application will be subject to the<br />
English language instructions of Business <strong>Immigration</strong> Instructions applicable at the time<br />
the application under Dependent Child Category is made.<br />
Effective 29/11/2010<br />
F5.35 Application under Dependent Child Category of person eligible for...<br />
F5.35 Application under Dependent Child Category of person eligible for inclusion in<br />
an earlier Family Quota, Refugee Family Support Category, Samoan Quota Scheme or<br />
Pacific Access Category registration<br />
If the principal applicant in an application under Dependent Child Category was eligible for<br />
inclusion in a successful registration under either the Family Quota, Refugee Family Support<br />
Category, Samoan Quota Scheme or Pacific Access Category but was not included, they will<br />
not be granted a resident visa under Dependent Child Category.<br />
F5.40 Resident visas with conditions<br />
See previous instructions F5.40 Effective 29/11/2010<br />
Effective 29/11/2010<br />
Dependent children accompanying principal applicants who are subject to conditions set out<br />
under section 49(1), will be granted resident visas subject to the condition that “the principal<br />
applicant comply with the conditions of the principal applicant’s visa”. (See R5.65.1).<br />
F6 Sibling and Adult Child Category (to 16/05/2012)<br />
Effective: 26/03/2012<br />
Note: The instructions contained in this section cease to be effective from 16 May 2012.<br />
Effective 16/05/2012
INZ Operational Manual <strong>Residence</strong><br />
F7 INTER-COUNTRY ADOPTION<br />
F7.1 Guidelines for inter-country adoptions<br />
a. If a <strong>New</strong> <strong>Zealand</strong> residence class visa holder or citizen legally adopts a child overseas, they<br />
may apply on its behalf for either <strong>New</strong> <strong>Zealand</strong> citizenship or residence.<br />
b. If a residence class visa is applied for, the child must meet the same requirements as<br />
other children of <strong>New</strong> <strong>Zealand</strong> citizens or residence class visa holders.<br />
c. The fact that a child has been adopted does not, of itself, entitle the child to be granted<br />
with a visa to travel to <strong>New</strong> <strong>Zealand</strong>, and immigration officers must assess whether or not<br />
the child meets the requirements for a residence class visa or a temporary class visa.<br />
d. A standard prerequisite for a child to travel to <strong>New</strong> <strong>Zealand</strong> for adoption purposes is the<br />
support of social welfare agencies, both in <strong>New</strong> <strong>Zealand</strong> and in the child's country of<br />
origin.<br />
F7.5 Citizenship procedure<br />
Effective 29/11/2010<br />
a. The Department of Internal Affairs administers the Citizenship Act 1977 and determines<br />
whether or not an adopted child has a claim to <strong>New</strong> <strong>Zealand</strong> citizenship.<br />
b. Adoptive parents who are <strong>New</strong> <strong>Zealand</strong> citizens must apply to the appropriate overseas<br />
post or to the Department of Internal Affairs to determine the citizenship of the child.<br />
c. The process of determining citizenship involves establishing whether or not the adoption<br />
meets the requirements under section 17 of the Adoption Act 1955, and the process can<br />
be both complex and lengthy.<br />
F7.5.1 <strong>Immigration</strong> requirements for adopted children<br />
a. Children adopted overseas or in <strong>New</strong> <strong>Zealand</strong> must meet immigration requirements unless,<br />
and until, their <strong>New</strong> <strong>Zealand</strong> citizenship is established.<br />
b. Evidence of <strong>New</strong> <strong>Zealand</strong> citizenship should be supplied to INZ if a child on a temporary<br />
visa in <strong>New</strong> <strong>Zealand</strong> is granted citizenship.<br />
F7.10 Pre-adoption information<br />
Effective 29/11/2010<br />
a. Under the Adoptions Act 1955, social workers approve prospective parents and report to<br />
the Family Court, which rules on individual adoptions.<br />
b. Generally, the authorities in the child's country of origin must give permission for it to<br />
leave, and the adoption must conform with the law of that country.<br />
c. INZ offices should advise prospective adoptive parents to consult the <strong>New</strong> <strong>Zealand</strong> Child,<br />
Youth and Family (CYF), and to contact the equivalent welfare agency in the child's<br />
country.<br />
d. CYF will arrange for a home study and liaise with the appropriate inter-country adoption<br />
agency for a child study, after which CYF will advise INZ of the results.<br />
e. CYF may also ask overseas posts to investigate the circumstances of the child.<br />
Effective 29/11/2010
SKILLED MIGRANT CATEGORY<br />
IN THIS SECTION<br />
SM1 Objective ...................................................................... 23-1<br />
SM2 Overview of Skilled Migrant Category ................................. 24-1<br />
SM3 Expression of Interest and Invitation to Apply instructions ..... 25-1<br />
SM4 Summary of requirements................................................ 26-1<br />
SM5 English Language Requirements ........................................ 27-1<br />
SM6 Summary of points for employability and capacity building<br />
factors ...................................................................... 28-1<br />
SM7 Skilled employment ........................................................ 29-1<br />
SM8 Bonus points: employment in an identified future growth<br />
area or area of absolute skills shortage ........................... 30-1<br />
SM9 Bonus points: employment outside the Auckland region ........ 31-1<br />
SM10 Bonus points: partner's skilled employment in <strong>New</strong><br />
<strong>Zealand</strong> ..................................................................... 32-1<br />
SM11 Work experience ........................................................... 33-1<br />
SM12 Bonus points: work experience in <strong>New</strong> <strong>Zealand</strong> .................. 34-1<br />
SM13 Bonus points: work experience in an identified future<br />
growth area or an area of absolute skills shortage ............ 35-1<br />
SM14 Recognised qualifications ............................................... 36-1<br />
SM15 Bonus points: <strong>New</strong> <strong>Zealand</strong> qualifications .......................... 37-1<br />
SM16 Bonus points: qualifications in an identified future growth<br />
area or an area of absolute skills shortage ....................... 38-1<br />
SM17 Bonus points: partner's recognised qualifications ................ 39-1<br />
SM18 Age ............................................................................ 40-1<br />
SM19 Requirements for occupational registration ........................ 41-1<br />
SM20 Bonus points: close family in <strong>New</strong> <strong>Zealand</strong> ........................ 42-1<br />
SM21 Settlement and Contribution Requirements ....................... 43-1
INZ Operational Manual <strong>Residence</strong><br />
SM1 OBJECTIVE<br />
a. The objective of the Skilled Migrant Category is to provide for the grant of a resident visa<br />
to people who demonstrate that they:<br />
• have skills to fill identified needs and opportunities in <strong>New</strong> <strong>Zealand</strong>; and<br />
• are able to transfer those skills to <strong>New</strong> <strong>Zealand</strong> and link with local needs and<br />
opportunities; and<br />
• are able to demonstrate an ability to contribute to <strong>New</strong> <strong>Zealand</strong> both economically and<br />
socially; and<br />
• are able to demonstrate an ability to successfully settle in <strong>New</strong> <strong>Zealand</strong>.<br />
b. In meeting this objective the Skilled Migrant Category will maximise and accelerate the<br />
contribution of immigration to <strong>New</strong> <strong>Zealand</strong>'s:<br />
• capacity building, sustainable growth and innovation;<br />
• global connectedness; and<br />
• thriving and inclusive communities<br />
through focusing on a range of source regions to achieve a balanced programme and<br />
linking global talent with local opportunities.<br />
Effective 29/11/2010
INZ Operational Manual <strong>Residence</strong><br />
SM2 OVERVIEW OF SKILLED MIGRANT CATEGORY<br />
a. A person who is interested in applying for a resident visa under the Skilled Migrant<br />
Category must complete an Expression of Interest (EOI) form in the prescribed manner.<br />
b. EOIs which meet prerequisites for health, character, English language and age, and have a<br />
point score of 100 or more points are entered into the Pool of EOIs.<br />
c. Points for employability and capacity building factors are claimed by a person expressing<br />
interest in accordance with the requirements set out in the Skilled Migrant Category.<br />
d. EOIs in the Skilled Migrant Category Pool are selected from that Pool periodically on the<br />
Government's behalf by the Department of Labour.<br />
e. Selections from the Pool are made in the following manner:<br />
i EOIs that have total points of 140 or more are selected automatically from the Pool;<br />
ii EOIs that have total points of 100 or more but less than 140, and include points for<br />
offers of skilled employment or current skilled employment in <strong>New</strong> <strong>Zealand</strong>, are<br />
selected (according to their points ranking) in sufficient numbers to meet the<br />
requirements of the Skilled/Business Stream of the <strong>New</strong> <strong>Zealand</strong> <strong>Residence</strong><br />
Programme (NZRP) at the time of that selection (subject to any adjustment to the<br />
number or distribution of places in the NZRP determined by the Government).<br />
f. If, following the selection process set out at (e) above, further places are available in the<br />
Skilled/Business Stream of the NZRP at the time of that selection (subject to any<br />
adjustment to the number or distribution of places in the NZRP determined by the<br />
Government), additional EOIs may be selected from the Pool on the basis of criteria set<br />
from time to time by the Minister of <strong>Immigration</strong>, having regard to the objectives of the<br />
Skilled Migrant Category. Those criteria are specified at SM3.15.1.<br />
g. A selected EOI may result in an invitation to apply for a resident visa under the Skilled<br />
Migrant Category being granted, subject to an assessment of the credibility of the<br />
information provided in the EOI and whether the EOI indicates the presence of any health<br />
or character issues that may adversely affect the ability of the person expressing interest<br />
to be granted a resident visa under the Skilled Migrant Category.<br />
h. Whether, in any particular case, an EOI has been selected from the Pool, it may not result<br />
in an invitation to apply for a resident visa under the Skilled Migrant Category.<br />
i. Only a person invited to apply may apply for a resident visa under the Skilled Migrant<br />
Category.<br />
j. If a person is invited to apply, information provided in the EOI, and any further evidence,<br />
information and submissions provided by the applicant (including information concerning<br />
ability or potential to successfully settle in and contribute to <strong>New</strong> <strong>Zealand</strong>), will form the<br />
basis for determination of a subsequent application for a resident visa under the Skilled<br />
Migrant Category.<br />
k. Applications for a resident visa, resulting from an invitation to apply, must include:<br />
i information and evidence to support the claims made in the EOI; and<br />
ii information concerning any relevant fact (including any material change in<br />
circumstances that occurs after the EOI was selected) if that fact or change in<br />
circumstances may affect the decision on the application. Such a relevant fact or<br />
change in circumstances may relate to the principal applicant or another person<br />
included in the application, and may relate to any matter relevant to Skilled Migrant<br />
Category.
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l. Applications will be assessed against instructions set out in sections SM4 to SM21 of the<br />
Skilled Migrant Category.<br />
m. Principal applicants under the Skilled Migrant Category will be assessed against:<br />
i health, character and English language requirements; and<br />
ii employability and capacity building requirements; and<br />
iii any criteria set from time to time by the Minister of <strong>Immigration</strong> which was the basis<br />
for selection from the Pool (see SM3.15.1); and<br />
iv settlement and contribution requirements.<br />
n. Assessment against settlement and contribution requirements (see SM21) will take into<br />
consideration the application as a whole including information gained at interview, if an<br />
interview is conducted. The assessment concerning settlement and contribution may result<br />
in:<br />
i the grant of a resident visa; or<br />
ii deferral of the decision on the resident visa application and the grant of a work visa to<br />
enable a principal applicant to obtain an offer of ongoing skilled employment in <strong>New</strong><br />
<strong>Zealand</strong>; or<br />
iii decline of the resident visa application.
INZ Operational Manual <strong>Residence</strong><br />
o. If a decision is deferred on the resident visa application and the principal applicant<br />
becomes established in ongoing skilled employment in <strong>New</strong> <strong>Zealand</strong>, the application for a<br />
resident visa will be approved.<br />
Effective 29/11/2010
INZ Operational Manual <strong>Residence</strong><br />
SM3 EXPRESSION OF INTEREST AND INVITATION TO APPLY<br />
INSTRUCTIONS<br />
SM3.1 Expressing interest in being invited to apply under the Skilled Migrant<br />
Category<br />
See also <strong>Immigration</strong> Act 2009 ss 92, 158<br />
See also <strong>Immigration</strong> (Visa, Entry Permission, and Related Matters) Regulations 2010, reg 9<br />
a. People notify their interest in being invited to apply for a resident visa under the Skilled<br />
Migrant Category through submission of an Expression of Interest (EOI) to the INZ in the<br />
prescribed manner. The prescribed manner for completing and submitting an EOI is that<br />
the person expressing interest submits to an immigration officer:<br />
i the completed EOI form; and<br />
ii the appropriate fee (if any).<br />
Note: The completed form can be submitted electronically or in paper form.<br />
b. Through completion of an EOI a person:<br />
i provides information regarding their identity, health and character; and<br />
ii provides information about their English language ability in accordance with the<br />
requirements for English language ability set out at SM5 of these instructions; and<br />
iii claims points for employability and capacity building requirements in accordance with<br />
the employability and capacity building requirements set out at SM7 to SM19 of the<br />
Skilled Migrant Category.<br />
c. It is the responsibility of the person submitting the EOI to ensure that it is correct in all<br />
material respects.<br />
SM3.5 Implications of providing false or misleading information<br />
See also <strong>Immigration</strong> Act 2009 s 93<br />
a. The <strong>Immigration</strong> Act 2009 provides that:<br />
Effective 29/11/2010<br />
i the provision of false or misleading information as part of an EOI or associated<br />
submission; or<br />
ii the withholding of relevant, potentially prejudicial information from an EOI or<br />
associated submission; or<br />
iii failure to advise an immigration officer of any fact or material change in circumstances<br />
that occurs after an EOI is notified that may affect a decision to invite the person to<br />
apply for a resident visa or to grant a resident visa;<br />
is sufficient grounds for the decline of an application for a resident visa and for the holder<br />
of a resident visa granted under the Skilled Migrant Category to become liable for<br />
deportation.
<strong>Residence</strong> INZ Operational Manual<br />
b. Information relating to a claim made in an EOI that is factually inaccurate and is relevant<br />
to the issuing of an invitation to apply or the assessment of a resident visa application, will<br />
be considered misleading unless the principal applicant can demonstrate that there is a<br />
reasonable basis for making that claim.<br />
SM3.10 Submission of Expressions of Interest to the Pool<br />
See previous instructions SM3.10 Effective 29/11/2010<br />
Effective 29/11/2010<br />
See also <strong>Immigration</strong> (Visa, Entry Permission, and Related Matters) Regulations 2010, reg 9<br />
Expressions of Interest (EOIs) submitted in the prescribed manner may be entered into a Pool<br />
of Expressions of Interest (the Pool) if the person expressing interest:<br />
a. has confirmed that health and character requirements for entry to the Pool have been met<br />
because none of the people included in their EOI are people who:<br />
i are described in sections 15 or 16 of the <strong>Immigration</strong> Act 2009 (see A5.20); or<br />
ii would not be granted a medical waiver (see A4.60).<br />
b. has confirmed that they meet the minimum standard of English (see SM5); and<br />
c. has claimed a minimum of 100 points for employability and capacity building factors (see<br />
SM7 to SM19); and<br />
d. has claimed points for either recognised qualifications (see SM14) or work experience (see<br />
SM11); and<br />
e. is aged 55 years or younger.<br />
SM3.15 Selection of Expressions of Interest<br />
See previous instructions:<br />
SM3.15 Effective 25/07/2011<br />
SM3.15 Effective 01/02/2011<br />
SM3.15 Effective 29/11/2010<br />
Effective 30/07/2012<br />
a. As Expressions of Interest (EOI) are entered into the Pool they will be ranked on the basis<br />
of total points claimed for employability and capacity building factors in accordance with<br />
the Skilled Migrant Category. The ranking of EOIs relative to each other will change as<br />
EOIs enter, or are withdrawn from, the Pool.<br />
b. EOIs in the Skilled Migrant Category Pool are selected from that Pool periodically on the<br />
Government's behalf by the Ministry of Business, Innovation and Employment.<br />
c. Selections from the Pool are made in the following manner:<br />
i EOIs that have total points of 140 or more are selected automatically from the Pool;<br />
ii EOIs that have total points of 100 or more but less than 140, and include points for<br />
the principal applicant's offer of skilled employment or current skilled employment in<br />
<strong>New</strong> <strong>Zealand</strong>, are selected (according to their points ranking) in sufficient numbers to<br />
meet the requirements of the Skilled/Business Stream of the <strong>New</strong> <strong>Zealand</strong> <strong>Residence</strong><br />
Programme (NZRP) at the time of that selection (subject to any adjustment to the<br />
number or distribution of places in the NZRP determined by the Government)<br />
d. If, following the selection process set out at (c) above, further places are available in the<br />
Skilled/Business Stream of the NZRP at the time of that selection (subject to any
INZ Operational Manual <strong>Residence</strong><br />
adjustment to the number or distribution of places in the NZRP determined by the<br />
Government), additional EOIs may be selected from the Pool on the basis of criteria set<br />
from time to time by the Minister of <strong>Immigration</strong>, having regard to the objectives of the<br />
Skilled Migrant Category. Those criteria are specified at SM3.15.1.<br />
SM3.15.1 Additional selection criteria<br />
a. The following additional selection criteria apply for the purposes of SM3.15(d), for<br />
selections from the Pool occurring until 31 January 2013 inclusive.<br />
b. EOIs will be selected by applying the criteria in the order in which they appear in (i) – (iv),<br />
to the extent necessary to satisfy any exercise of the discretion under SM3.15 (d):<br />
i EOIs that include 15 points for work experience in an area of absolute skills shortage<br />
(in descending order of their points total);<br />
ii EOIs that include 10 points for work experience in an area of absolute skills shortage<br />
(in descending order of their points total);<br />
iii EOIs that include 10 points for a qualification in an area of absolute skills shortage (in<br />
descending order of their points total);<br />
iv the points total of EOIs not meeting any of the criteria in (i) – (iii) (in descending<br />
order).<br />
Effective 30/07/2012<br />
SM3.20 Currency of an Expression of Interest<br />
a. An EOI is current for a period of six months from the date of initial submission to the Pool<br />
unless no Pool selection of Expressions of Interest has occurred within that six-month<br />
period. Where this is the case, the Expression of Interest is current until such time as a<br />
selection from the Pool of Expressions of Interest has occurred.<br />
b. An EOI that is no longer current will be withdrawn from the Pool.<br />
c. An EOI will also be withdrawn from the pool if it is rejected after selection because it does<br />
not meet prerequisites for entry to the Pool and as a result no invitation to apply has been<br />
issued.<br />
Effective 29/11/2010<br />
SM3.25 Invitation to apply for a resident visa under the Skilled Migrant<br />
Category<br />
a. People whose Expressions of Interest (EOIs) have been selected from the Pool may be<br />
issued with an invitation to apply for a resident visa under the Skilled Migrant Category if:<br />
i the information provided does not indicate the presence of any health or character<br />
issues which may adversely affect their ability to be granted a resident visa under the<br />
Skilled Migrant Category; and<br />
ii an immigration officer considers that the person's claims in regard to points for<br />
employability and capacity building factors, English language ability, and any criteria<br />
set from time to time by the Minister of <strong>Immigration</strong> (see SM3.15.1) which were the<br />
basis for selection from the Pool are credible.<br />
b. An immigration officer may seek further evidence, information and submissions from a<br />
person whose EOI has been selected from the Pool, for the purpose of determining<br />
whether their claims are credible and whether there are any health or character issues<br />
which may adversely affect their ability to be granted a resident visa under the Skilled<br />
Migrant Category.
<strong>Residence</strong> INZ Operational Manual<br />
c. Whether, in any particular case, an EOI has been selected from the Pool, it may not result<br />
in an invitation to apply for a resident visa under the Skilled Migrant Category.<br />
Note: An immigration officer's decision to invite a person to apply for a resident visa under the<br />
Skilled Migrant Category (based on information evidence and submissions provided prior to<br />
application) does not guarantee:<br />
~ the points claimed by the applicant; or<br />
~ a positive assessment against health, character or English language requirements;<br />
in any subsequent application for a resident visa.<br />
Effective 29/11/2010
INZ Operational Manual <strong>Residence</strong><br />
SM4 SUMMARY OF REQUIREMENTS<br />
SM4.1 Ability to apply<br />
A person may only apply for a resident visa under the Skilled Migrant Category if:<br />
a. they have been issued with an invitation to apply under the Skilled Migrant Category; and<br />
b. they apply for a resident visa under the Skilled Migrant Category within four months of the<br />
date of the letter in which that invitation is made; and<br />
c. that invitation has not been revoked.<br />
SM4.5 Approval of applications under the Skilled Migrant Category<br />
a. Principal applicants under the Skilled Migrant Category are assessed against:<br />
i health, character and English language requirements; and<br />
ii employability and capacity building requirements; and<br />
iii settlement and contribution requirements.<br />
b. An application under the Skilled Migrant Category will be approved if:<br />
Effective 29/11/2010<br />
i the principal applicant and family members included in the application meet health and<br />
character, and English language requirements where required; and<br />
ii the principal applicant qualifies for the points for employability and capacity building<br />
factors on the basis of which their Expression of Interest was selected from the Pool;<br />
or<br />
iii the principal applicant meets the criteria set from time to time by the Minister of<br />
<strong>Immigration</strong> on the basis of which their Expression of Interest was selected from the<br />
Pool (see SM3.15.1); and<br />
iv the principal applicant is less than 56 years of age; and<br />
v the principal applicant is assessed as having the ability to successfully settle in and<br />
contribute to <strong>New</strong> <strong>Zealand</strong>; and<br />
vi all necessary verification of the application has been completed.<br />
c. Despite SM4.5(b)(ii) and (iii) above, if a principal applicant does not qualify for the points<br />
for employability and capacity building factors on the basis of which their Expression of<br />
Interest was selected from the Pool, or meet the criteria set from time to time by the<br />
Minister of <strong>Immigration</strong> on the basis of which their Expression of Interest was selected<br />
from the Pool (see SM3.15.1), an immigration officer may, on a case by case basis,<br />
determine that the application may nevertheless be approved, where:<br />
i the principal applicant has satisfied the immigration officer that there was a<br />
reasonable basis for making the claim for points in the Expression of Interest and that<br />
in making that claim there was no fraud or intent to deceive; and<br />
ii the points for which the principal applicant qualifies for employability and capacity<br />
building factors on the basis of which a subsequent selection was made, within the<br />
period of currency of their Expression of Interest; or<br />
iii the principal applicant meets the criteria set from time to time by the Minister of<br />
<strong>Immigration</strong> on the basis of which a subsequent selection was made (see SM3.15.1),<br />
within the period of currency of their Expression of Interest.
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Note: Where SM4.5 (c) applies, officers may defer a decision on the application until such<br />
time as an Expression of Interest's currency (had it remained in the SMC Pool) expires.<br />
SM4.10 Health, character and English language requirements<br />
a. Applicants under the Skilled Migrant Category must meet health and character<br />
requirements (see A4 and A5).<br />
Effective 29/11/2010<br />
b. Applicants under the Skilled Migrant Category must meet a minimum standard of English<br />
or, where instructions allow pre-purchase ESOL tuition.<br />
Effective 29/11/2010<br />
SM4.15 Employability and capacity building requirements (SM7 to SM20)<br />
a. Employability and capacity building factors are assessed using a points system.<br />
b. An application for a resident visa under the Skilled Migrant Category will be declined if a<br />
principal applicant does not:<br />
i qualify for the points for employability and capacity building factors; or<br />
ii meet the criteria set from time to time by the Minister of <strong>Immigration</strong> (see SM3.15.1),<br />
on the basis of which their Expression of Interest was selected from the Pool, unless<br />
SM4.5(c) applies.<br />
c. An application for a resident visa under the Skilled Migrant Category will be declined if the<br />
principal applicant does not qualify for points for either work experience (see SM11) or<br />
qualifications (see SM14).<br />
SM4.20 Settlement and contribution requirements (SM21)<br />
See previous instructions SM4.20 Effective 29/11/2010<br />
Effective 29/11/2010<br />
a. Principal applicants are assessed to determine whether they have a demonstrated ability<br />
or have the ability to realise their potential, to successfully settle in and contribute to <strong>New</strong><br />
<strong>Zealand</strong>.<br />
b. Principal applicants who:<br />
i qualify for 50 points for an offer of skilled employment or current skilled employment<br />
in <strong>New</strong> <strong>Zealand</strong> for less than 12 months; or<br />
ii qualify for 60 points for current skilled employment in <strong>New</strong> <strong>Zealand</strong> for twelve months<br />
or more; or<br />
iii have undertaken full time study for at least two years in <strong>New</strong> <strong>Zealand</strong> that has<br />
resulted in the award of a Doctorate or Masters degree;<br />
have demonstrated the ability to successfully settle in and contribute to <strong>New</strong> <strong>Zealand</strong>.<br />
c. Principal applicants who do not have points for any of these factors will be further<br />
assessed.<br />
d. If, as a result of this further assessment, a principal applicant, despite not meeting the<br />
requirements of (b) above, is assessed as having a high potential to readily obtain skilled<br />
employment in <strong>New</strong> <strong>Zealand</strong>, they will be assessed as having demonstrated the ability to
INZ Operational Manual <strong>Residence</strong><br />
successfully settle in and contribute to <strong>New</strong> <strong>Zealand</strong>. Their application for a resident visa<br />
may be approved subject to meeting any other relevant requirements.<br />
e. If, as a result of the further assessment, a principal applicant is assessed as having<br />
demonstrated they can realise their potential to successfully settle in and contribute to<br />
<strong>New</strong> <strong>Zealand</strong>, a decision on the resident visa application will be deferred and the principal<br />
applicant will be eligible for the grant of a work visa for the purpose of obtaining an offer<br />
of skilled employment in <strong>New</strong> <strong>Zealand</strong> that is ongoing. Principal applicants who obtain an<br />
offer of skilled employment during the deferral period will have their application for a<br />
resident visa approved.<br />
f. If, as a result of the further assessment, a principal applicant has not demonstrated they<br />
can realise their potential to successfully settle in and contribute to <strong>New</strong> <strong>Zealand</strong>, their<br />
application for a resident visa will be declined.<br />
SM4.25 Migrant levy<br />
Effective 30/07/2011<br />
Principal applicants approved-in-principle under the Skilled Migrant Category must deposit a<br />
Migrant Levy (see R5.90) when:<br />
a. their application is approved-in-principle, unless:<br />
b. the Levy has been paid prior to the principal applicant being granted a work visa for the<br />
purpose of obtaining an offer of skilled employment in <strong>New</strong> <strong>Zealand</strong>.<br />
SM4.30 Resident visa subject to conditions<br />
See also <strong>Immigration</strong> Act 2009 ss 49, 50<br />
SM4.30.1 Resident visas may be subject to conditions<br />
Effective 29/11/2010<br />
a. A resident visa may be granted under the Skilled Migrant Category to a principal applicant<br />
(and any accompanying partner and dependent children) subject to conditions imposed<br />
under section 49(1) of the <strong>Immigration</strong> Act.<br />
b. Resident visas will be granted subject to conditions where SM4.30.10 and/or SM4.30.15<br />
below apply.<br />
SM4.30.5 Compliance with conditions<br />
When an applicant under this category satisfies an immigration officer that the conditions on<br />
their resident visa under section 49(1) have been complied with, those conditions will be<br />
cancelled and the officer will advise the applicant accordingly in writing.<br />
SM4.30.10 Offer of skilled employment or skilled employment for less than 3 months<br />
Where a resident visa is granted under the Skilled Migrant Category on the basis that the<br />
principal applicant qualifies for points for an offer of skilled employment in <strong>New</strong> <strong>Zealand</strong> or<br />
current skilled employment in <strong>New</strong> <strong>Zealand</strong> for less than three months (see SM7), the visa<br />
holder is subject to the following conditions:<br />
a. In the case of the principal applicant who:<br />
i has an offer of skilled employment - that they take up that offer of skilled employment<br />
within three months of their first entry to <strong>New</strong> <strong>Zealand</strong> as a resident (if the visa was<br />
granted offshore), or the grant of their resident visa (if the visa was granted in <strong>New</strong>
<strong>Residence</strong> INZ Operational Manual<br />
<strong>Zealand</strong>), and they remain in that employment (or another position of employment<br />
that meets the requirements for offers of skilled employment including requirements<br />
for bonus points if the offer of employment qualified for bonus points under SM8 or<br />
SM9), for a period of at least three months; or<br />
ii has current skilled employment in <strong>New</strong> <strong>Zealand</strong> for less than three months - that they<br />
remain in that employment (or another position of employment that meets the<br />
requirements for current skilled employment including requirements for bonus points<br />
if the employment qualified for bonus points under SM8 or SM9), for a period of at<br />
least three months; and<br />
iii that they inform the nearest branch of INZ of their residential address and any<br />
changes of residential address while they are subject to those requirements; and<br />
iv that they submit evidence to an immigration officer that, within five years of their first<br />
entry to <strong>New</strong> <strong>Zealand</strong> as a resident (if the visa was granted offshore), or the grant of<br />
their resident visa (if the visa was granted in <strong>New</strong> <strong>Zealand</strong>), the conditions set out<br />
above have been met.<br />
b. In the case of any accompanying partner and dependent child - that the principal applicant<br />
comply with the conditions to which they are subject.<br />
SM4.30.15 Where occupational registration subject only to interview by Medical or<br />
Dental Council<br />
Where a resident visa application is approved on the basis that the principal applicant is<br />
eligible for occupational registration under SM19.15(b)(ii) subject only to a satisfactory<br />
personal interview with a representative of the Medical or Dental Council on arrival in <strong>New</strong><br />
<strong>Zealand</strong>, the visa holder is subject to the following conditions:<br />
a. In the case of the principal applicant -<br />
i that, within one month of their first entry to <strong>New</strong> <strong>Zealand</strong> as a resident (if the visa was<br />
granted offshore), or the grant of their resident visa (if the visa was granted in <strong>New</strong><br />
<strong>Zealand</strong>), the applicant obtains full or provisional occupational registration in <strong>New</strong><br />
<strong>Zealand</strong>; and<br />
ii that, within five years of the grant of their first entry to <strong>New</strong> <strong>Zealand</strong> as a resident (if<br />
the visa was granted offshore), or the grant of their resident visa (if the visa was<br />
granted in <strong>New</strong> <strong>Zealand</strong>), the applicant submits evidence to an immigration officer<br />
that requirement (i) above has been met.<br />
b. In the case of any accompanying partner and dependent child - that the principal applicant<br />
comply with the conditions to which they are subject.<br />
SM4.35 Compliance with conditions<br />
Effective 29/11/2010<br />
When the principal applicant has satisfied an immigration officer that they have met any<br />
conditions under section 49(1) in full, the immigration officer will cancel the conditions on their<br />
resident visa and the resident visa of any accompanying family members.<br />
SM4.40 Non-compliance with conditions<br />
Effective 29/11/2010<br />
If a principal applicant has not satisfied an immigration officer that any of the conditions<br />
imposed under section 49(1) of the Act have been complied with, the resident visa holder and<br />
their accompanying partner or dependent child will become liable for deportation.<br />
Effective 29/11/2010
INZ Operational Manual <strong>Residence</strong><br />
SM5 ENGLISH LANGUAGE REQUIREMENTS<br />
SM5.1 Aim and intent<br />
a. Principal applicants under the Skilled Migrant Category are required to meet a minimum<br />
standard of English to enable successful settlement and skilled employment in <strong>New</strong><br />
<strong>Zealand</strong>.<br />
b. Non-principal applicants (partners and dependent children aged 16 and older who are<br />
included in Skilled Migrant Category applications) are required to meet a minimum<br />
standard of English or to pre-purchase ESOL training, to enable successful settlement in<br />
<strong>New</strong> <strong>Zealand</strong>.<br />
Effective 29/11/2010<br />
SM5.5 Minimum standard of English language for principal applicants<br />
See previous instructions SM5.5 Effective 29/11/2010<br />
a. Applications under the Skilled Migrant Category must be declined if the principal applicant<br />
has not met the minimum standard of English.<br />
b. Principal applicants under the Skilled Migrant Category meet the minimum standard of<br />
English if they provide a Test Report Form (no more than 2 years old at the time the<br />
application is lodged) from the International English Language Testing System (IELTS),<br />
showing they achieved an overall band score of at least 6.5 in the IELTS General or<br />
Academic Module.<br />
c. Notwithstanding (b) above, an immigration officer may, on a case by case basis, consider<br />
the following as evidence of the principal applicant meeting the minimum standard of<br />
English if:<br />
i they provide evidence that their recognised qualification(s):<br />
was gained as a result of a course or courses of study in which English was the only<br />
medium of instruction; and<br />
(if that qualification was gained in <strong>New</strong> <strong>Zealand</strong>) the qualification had a minimum<br />
completion time of at least two years and is at least a bachelor degree or it is a<br />
post-graduate qualification and the applicant has an undergraduate qualification that<br />
qualifies for points; or<br />
ii they have current skilled employment in <strong>New</strong> <strong>Zealand</strong> for a period of at least 12<br />
months that qualifies for points (see SM7); or<br />
iii they provide other evidence which satisfies an immigration officer that, taking account<br />
of that evidence and all the circumstances of the application, they are a competent<br />
user of English. These circumstances may include but are not limited to:<br />
the country in which the applicant currently resides;<br />
the country(ies) in which the applicant has previously resided;<br />
the duration of residence in each country;<br />
whether the applicant speaks any language other than English;<br />
whether members of the applicant's family speak English;<br />
whether members of the applicant's family speak any language other than English;<br />
the nature of the applicant's current or previous employment (if any) and whether<br />
that is or was likely to require skill in English language;<br />
the nature of the applicant's qualifications (if any) and whether the obtaining of<br />
those qualifications was likely to require skill in the English language.<br />
d. In any case, an immigration officer may require an applicant to provide an IELTS<br />
certificate in terms of paragraph (b). In such cases, the IELTS certificate will be used to<br />
determine whether the principal applicant* meets the minimum standard of English.
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Note: Full consideration must be given to all evidence of English language ability provided<br />
before a decision to request an IELTS certificate under SM5.5 (d) is made. If an IELTS<br />
certificate is requested the reason(s) behind the decision must be clearly documented and<br />
conveyed to the applicant.<br />
SM5.10 English language requirements for non-principal applicants<br />
Effective 25/07/2011<br />
a. Unless SM5.15 applies, partners and dependent children aged 16 and older, who are<br />
included in Skilled Migrant Category applications, must:<br />
i show that they meet a minimum standard of English to enable successful settlement in<br />
<strong>New</strong> <strong>Zealand</strong>; or<br />
ii pre-purchase ESOL training; or<br />
iii provide other evidence which satisfies a visa or immigration officer that, taking<br />
account of that evidence and all the circumstances of the application, they are a<br />
competent user of English (see SM5.5 (c)(iii)).<br />
b. Non-principal applicants meet the minimum standard of English if:<br />
i they provide a Test Report Form (no more than 2 years old at the time the application<br />
is lodged) from IELTS, showing they achieved an overall band score of at least 5 in the<br />
IELTS General or Academic Module; or<br />
ii (if they are the partner of a principal applicant), they have current skilled employment<br />
in <strong>New</strong> <strong>Zealand</strong> for a period of at least 12 months that qualifies for points (see SM10);<br />
or<br />
iii they provide evidence of one of the following:<br />
completion of all primary education and at least 3 years of secondary education<br />
(that is, the equivalent of <strong>New</strong> <strong>Zealand</strong> Forms 3 to 5 or years 9 to 11) at schools<br />
using English as the language of instruction;<br />
completion of at least 5 years of secondary education (that is, the equivalent of <strong>New</strong><br />
<strong>Zealand</strong> Forms 3 to 7 or years 9 to 13) at schools using English as the language of<br />
instruction;<br />
completion of a course of at least 3 years duration leading to the award of a tertiary<br />
qualification at institutions using English as the language of instruction;<br />
that the applicant holds General Certificate of Education (GCE) "A" Levels from<br />
Britain or Singapore with a minimum C pass (the passes must specifically include the<br />
subjects English Language or Literature, or Use of English);<br />
that the applicant holds International Baccalaureate – full Diploma in English<br />
Medium;<br />
that the applicant holds Cambridge Certificate of Proficiency in English – minimum C<br />
pass;<br />
that the applicant holds Hong Kong Advanced Level Examinations (HKALE) including<br />
a minimum C pass in Use of English;<br />
that the applicant holds STPM 920 (Malaysia) – A or B pass in English Literature;<br />
that the applicant holds University of Cambridge in collaboration with University of<br />
Malaya, General Certificate of English (GCE) "A" levels with a minimum C pass. The<br />
passes must specifically include the subjects English or General Paper;<br />
that the applicant holds South African Matriculation Certificate, including a minimum<br />
D pass in English (Higher Grade);<br />
that the applicant holds South African Senior Certificate, including a minimum D<br />
pass in English (Higher Grade), endorsed with the words 'matriculation exempt';<br />
that the applicant holds a <strong>New</strong> <strong>Zealand</strong> Tertiary Entrance Qualification gained on<br />
completing the seventh form.
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c. In any case, an immigration officer may require an applicant to provide an IELTS<br />
certificate in terms of paragraph (b)(i). In such cases, the IELTS certificate will be used to<br />
determine whether the applicant meets the minimum standard of English.<br />
SM5.15 English language requirements for partners where...<br />
Effective 29/11/2010<br />
SM5.15 English language requirements for partners where bonus points are claimed<br />
for the partner's skilled employment or recognised qualifications<br />
A partner's skilled employment in <strong>New</strong> <strong>Zealand</strong> (see SM10) or recognised qualifications (see<br />
SM17), only qualify for points if the partner meets the English language requirements for<br />
principal applicants (see SM5.5).<br />
SM5.20 Pre-purchase of ESOL tuition<br />
See previous instructions:<br />
SM5.20 Effective 07/11/2011<br />
SM5.20 Effective 29/11/2010<br />
Effective 29/11/2010<br />
a. Instead of meeting the minimum standard of English, non-principal applicants may prepurchase<br />
ESOL tuition. ESOL tuition must be pre-purchased from TEC (Tertiary Education<br />
Commission) by paying the required charge to INZ (who collect this charge on behalf of<br />
TEC).<br />
b. Applicants must pay any ESOL charge due, sign the ESOL Agreement and return it to INZ<br />
within the time specified by INZ before a resident visa is granted.<br />
SM5.20.1 TEC to arrange ESOL tuition<br />
a. The applicant is entitled to tuition to the value of the ESOL entitlement component of the<br />
ESOL tuition charge. This does not include the INZ and TEC administration costs.<br />
b. TEC advises the applicant of the list of suitable ESOL tuition providers in <strong>New</strong> <strong>Zealand</strong>,<br />
from which the applicant may nominate one of their own choice.<br />
c. TEC will manage the contract between the ESOL tuition provider and the applicant.<br />
d. The applicant must advise TEC of their <strong>New</strong> <strong>Zealand</strong> address.<br />
SM5.20.5 Applicant's agreement with TEC<br />
a. Each applicant who pre-purchases ESOL tuition must sign an Agreement with TEC by<br />
which they agree, among other things, that they understand the rules for taking up ESOL<br />
tuition in <strong>New</strong> <strong>Zealand</strong> and the refund provisions.<br />
b. The content of the Agreement is determined by INZ and TEC.<br />
c. Included with the Agreement is a Schedule that sets out the personal details of the<br />
applicant and the amount of tuition to be purchased.<br />
SM5.20.10 Completion of Agreement<br />
a. When an application for a resident visa is approved in principle, applicants will be given 2<br />
copies of the Agreement to complete for each person in the application undertaking the<br />
English language training.
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b. After completion of the Agreement, one copy is retained by the applicant, and the other<br />
copy is returned to INZ processing office with the tuition fee(s).<br />
c. If the Agreement is not signed and returned to INZ within the time specified by INZ, the<br />
resident visa application must be declined.<br />
d. The INZ copy of the Agreement should be sent to the TEC.<br />
SM5.20.15 The amount of ESOL tuition to be pre-purchased by non-principal<br />
applicants<br />
a. The amount of ESOL tuition to be pre-purchased is determined by the applicant's average<br />
IELTS score across all four bands (as shown in their "Overall Band" score in the IELTS Test<br />
Report Form) according to the following table.<br />
Overall Band score Charge to be paid ESOL entitlement<br />
4.5 or more but less than<br />
5<br />
4 or more, but less than<br />
4.5<br />
3.5 or more, but less than<br />
4<br />
NZ$1,735 NZ$1,531.82<br />
NZ$3,420 NZ$3,063.64<br />
NZ$5,110 NZ$4,600.00<br />
Less than 3.5 NZ$6,795 NZ$6,131.82<br />
b. The charge includes the applicant's ESOL tuition entitlement, as well as the INZ and TEC<br />
administration costs.<br />
c. If an applicant has not submitted IELTS results when requested, the maximum charge of<br />
NZ$6,795 applies.<br />
SM5.20.20 Failure to pre-purchase ESOL tuition<br />
Any ESOL tuition charge due must be paid before the grant of a resident visa. If it is not paid<br />
to the INZ within the specified time, the resident visa application must be declined.<br />
SM5.20.25 Limited period to use ESOL tuition<br />
a. If ESOL tuition is purchased, the applicant must complete the tuition within 5 years from<br />
the date of payment.<br />
b. ESOL tuition will not be available without further payment, nor will refunds be given, to<br />
applicants who do not take up ESOL tuition within the time limits specified in paragraph<br />
(a).<br />
SM5.20.27 Extension of period to complete ESOL tuition<br />
Applicants who have pre-purchased ESOL tuition:<br />
a. in <strong>New</strong> <strong>Zealand</strong> on or after 31 March 2005 and prior to 31 March 2008; or<br />
b. outside <strong>New</strong> <strong>Zealand</strong> on or after 31 September 2004 and prior to 31 March 2008<br />
will have up to 5 years from the date of payment to complete the tuition.
INZ Operational Manual <strong>Residence</strong><br />
SM5.20.30 Refunds of ESOL tuition money<br />
a. If ESOL tuition money is paid but the principal applicant and partner and dependent<br />
children do not take up residence, a refund may be granted upon request to INZ. The<br />
request must be made in writing.<br />
b. Requests for refunds must be declined if they are made more than six months after the<br />
expiry of the travel conditions allowing travel to <strong>New</strong> <strong>Zealand</strong>.<br />
c. <strong>Immigration</strong> officers considering requests for refunds must be satisfied that the principal<br />
applicant and partner and dependent children included in the application:<br />
i have not entered <strong>New</strong> <strong>Zealand</strong> as residents; and<br />
ii do not hold resident visas with current travel conditions.<br />
d. The person who paid the fee will be refunded only the ESOL entitlement. INZ and TEC<br />
administration costs will not be refunded.<br />
Effective 26/11/2012
INZ Operational Manual <strong>Residence</strong><br />
SM6 SUMMARY OF POINTS FOR EMPLOYABILITY AND CAPACITY<br />
BUILDING FACTORS<br />
See previous instructions SM6 Effective 29/11/2010<br />
Employability and Capacity Building<br />
Factors<br />
Skilled employment:<br />
Points Criteria<br />
• Current skilled employment in NZ for 12 months or<br />
more<br />
• Offer of skilled employment in <strong>New</strong> <strong>Zealand</strong> or<br />
current skilled employment in <strong>New</strong> <strong>Zealand</strong> for less<br />
than 12 months<br />
Bonus points for employment or offer of employment in:<br />
60 SM7<br />
50 SM7<br />
• An identified future growth area 10 SM8<br />
• An area of absolute skills shortage 10 SM8<br />
• Region outside Auckland 10 SM9<br />
• Partner employment or offer of employment 20 SM10<br />
Work experience:<br />
• 2 years 10 SM11<br />
• 4 years 15<br />
• 6 years 20<br />
• 8 years 25<br />
• 10 years 30<br />
Additional bonus points if work experience in <strong>New</strong><br />
<strong>Zealand</strong>:<br />
• 1 year 5<br />
• 2 years 10<br />
• 3 years or more 15<br />
Additional bonus points for work experience in an<br />
identified future growth area:<br />
• 2 to 5 years 10<br />
• 6 years or more 15<br />
Additional bonus points for work experience in an area of<br />
absolute skills shortage:<br />
• 2 to 5 years 10<br />
• 6 years or more 15<br />
Qualifications:<br />
• Recognised level 4-6 qualification (e.g. trade<br />
qualification, diploma)<br />
• Recognised level 7 or 8 qualification (e.g bachelors<br />
degree, bachelors degree with Honours)<br />
SM12<br />
SM13<br />
40 SM14<br />
50
<strong>Residence</strong> INZ Operational Manual<br />
• Recognised level 9 or 10 post-graduate qualification<br />
(Masters degree, Doctorate)<br />
Bonus points for:<br />
• 2 years of full-time study in <strong>New</strong> <strong>Zealand</strong> completing<br />
a recognised bachelor degree (level 7) <strong>New</strong> <strong>Zealand</strong><br />
qualification<br />
• 1 year of full-time study in <strong>New</strong> <strong>Zealand</strong> completing a<br />
recognised post-graduate <strong>New</strong> <strong>Zealand</strong> qualification<br />
• 2 years of full-time study in <strong>New</strong> <strong>Zealand</strong> completing<br />
a recognised post-graduate <strong>New</strong> <strong>Zealand</strong> qualification<br />
60<br />
10 SM15<br />
10 SM15<br />
15 SM15<br />
• Qualification in an identified future growth area 10 SM16<br />
• Qualification in an area of absolute skill shortage 10 SM16<br />
• Partner qualifications<br />
– recognised level 4-6 qualification<br />
10<br />
SM17<br />
– recognised level 7 + qualification 20 SM17<br />
• Close family support in <strong>New</strong> <strong>Zealand</strong> 10 SM20<br />
Age (20 to 55 yrs):<br />
• 20-29 30 SM18<br />
• 30-39 25<br />
• 40-44 20<br />
• 45-49 10<br />
• 50-55 5<br />
Effective 25/07/2011
INZ Operational Manual <strong>Residence</strong><br />
SM7 SKILLED EMPLOYMENT<br />
SM7.1 Aim and intent<br />
a. The aim of providing points for skilled employment is:<br />
i to facilitate access by <strong>New</strong> <strong>Zealand</strong> employers and industry to global skills and<br />
knowledge; and<br />
ii to recognise that people who have skilled employment in <strong>New</strong> <strong>Zealand</strong> are well<br />
positioned to meet <strong>New</strong> <strong>Zealand</strong>'s needs and opportunities and more quickly achieve<br />
positive settlement outcomes.<br />
Note: The aim of providing points for skilled employment is not met by a person undertaking<br />
employment in their own business rather than for a third party. People wishing to obtain<br />
residence by establishing and operating their own business in <strong>New</strong> <strong>Zealand</strong> should apply under<br />
the Business categories.<br />
SM7.5 Points for skilled employment<br />
Effective 29/11/2010<br />
a. A principal applicant's current skilled employment in <strong>New</strong> <strong>Zealand</strong> for a period of at least<br />
twelve months qualifies for sixty points.<br />
b. A principal applicant's:<br />
i offer of skilled employment in <strong>New</strong> <strong>Zealand</strong>; or<br />
ii current skilled employment in <strong>New</strong> <strong>Zealand</strong> for a period of less than twelve months,<br />
qualifies for fifty points.<br />
SM7.10 Skilled Employment<br />
See previous instructions SM7.10 Effective 29/11/2010<br />
Effective 29/11/2010<br />
a. Skilled employment is employment that requires specialist, technical or management<br />
expertise obtained through:<br />
i the completion of recognised relevant qualifications; or<br />
ii recognised relevant work experience (see SM7.10.15 below); or<br />
iii the completion of recognised relevant qualifications and work experience.<br />
b. Assessment of whether an occupation is skilled for the purposes of the Skilled Migrant<br />
Category (SMC) is primarily based on the Australian and <strong>New</strong> <strong>Zealand</strong> Standard<br />
Classification of Occupations (ANZSCO) which associates skill levels with each occupation.<br />
Note: The ANZSCO is available at www.immigration.govt.nz/ANZSCO<br />
SM7.10.1 Assessment of whether employment is skilled<br />
An offer of employment or current employment in <strong>New</strong> <strong>Zealand</strong> will be assessed as skilled if it<br />
meets the requirements of (a), (b) or (c) below.<br />
a. The occupation is included in part A of the List of Skilled Occupations held at Appendix 6<br />
and the principal applicant can demonstrate that their offer of employment or current<br />
employment substantially matches the description for that occupation (including core<br />
tasks) as set out in the ANZSCO and:
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i the applicant holds a relevant recognised qualification which is at, or above, the<br />
qualification level on the NZQF (see SM14.5) that corresponds to the indicative skill<br />
level described for that occupation in the ANZSCO; or<br />
ii the applicant has the relevant recognised work experience that the ANZSCO indicates<br />
may substitute the required qualification; or<br />
iii the employment is in an occupation included on the Long Term Skill Shortage List and<br />
the applicant meets the relevant requirements specified in column three of the Long<br />
Term Skill Shortage List for that occupation.<br />
iv notwithstanding (a) (ii), applicants with Skill Level One Occupations can substitute the<br />
required qualification with five years of relevant work experience.<br />
b. The occupation is included in part B of the List of Skilled Occupations held at Appendix 6<br />
and the principal applicant can demonstrate that their offer of employment or current<br />
employment substantially matches the description for that occupation (including core<br />
tasks) as set out in the ANZSCO and:<br />
i the applicant holds a relevant recognised qualification which is at, or above, level four<br />
on the NZQF (see SM14.5) (a qualification at level four on the NZQF must be a<br />
National Certificate or a <strong>New</strong> <strong>Zealand</strong> Certificate); or<br />
ii has the relevant recognised work experience that the ANZSCO indicates may<br />
substitute the required qualification; or<br />
iii the employment is in an occupation included on the Long Term Skill Shortage List and<br />
the applicant meets the relevant requirements specified in column three of the Long<br />
Term Skill Shortage List for that occupation.<br />
c. The occupation is included in part C of the List of Skilled Occupations held at Appendix 6<br />
and the principal applicant can demonstrate that their offer of employment or current<br />
employment substantially matches the description for that occupation (including core<br />
tasks) as set out in the ANZSCO and has either:<br />
i at least three years of relevant recognised work experience and a relevant recognised<br />
qualification which is at, or above, level four on the NZQF (see SM14.5) (a<br />
qualification at level four on the NZQF must be a National Certificate or a <strong>New</strong> <strong>Zealand</strong><br />
Certificate); or<br />
ii at least three years of relevant recognised work experience and that current<br />
employment or the position in which the employment is offered, has an annual base<br />
salary of at least NZ$45,000.Note: For the avoidance of doubt, the annual base salary<br />
excludes employment related allowances (for example overtime, tool or uniform<br />
allowances, medical insurance, accommodation) and must be calculated on the basis<br />
of 40 hours' work per week.<br />
d. Where a principal applicant's offer of employment or current employment in <strong>New</strong> <strong>Zealand</strong><br />
does not meet the requirements of (a), (b), or (c) above they may nevertheless qualify for<br />
points for skilled employment if:<br />
i their employment in the occupation will enhance the quality of <strong>New</strong> <strong>Zealand</strong>'s<br />
accomplishments and participation in that occupational area because the principal<br />
applicant has an international reputation and record of excellence in that field; and<br />
ii the required expertise for the occupation has been gained through relevant recognised<br />
qualifications or work experience.<br />
SM7.10.3 Occupations awarded points for skilled employment as an exception<br />
A principal applicant's offer of employment or current employment in <strong>New</strong> <strong>Zealand</strong> also<br />
qualifies for skilled employment points if:
INZ Operational Manual <strong>Residence</strong><br />
a. it is in an occupation included in the list of occupations held at Appendix 7 (Occupations<br />
Treated as Exceptions); and<br />
b. the principal applicant can demonstrate that their offer of employment or current<br />
employment substantially matches the description for that occupation (including core<br />
tasks) as set out in the ANZSCO and has either:<br />
i a relevant qualification which is at, or above, the qualification level on the <strong>New</strong><br />
<strong>Zealand</strong> Qualification Framework (see SM14.5) that corresponds to the indicative skill<br />
level described for that occupation in the ANZSCO; or<br />
ii the relevant work experience that the ANZSCO indicates may substitute the required<br />
qualification.<br />
SM7.10.5 Relevance of qualification(s) to employment<br />
Qualifications are relevant to employment if:<br />
a. the major subject area of the principal applicant's recognised qualification is directly<br />
applicable to the employment; and/or<br />
b. an immigration officer is satisfied that the qualification was a key factor in the employer's<br />
decision to employ the principal applicant in that position.<br />
Note: For the purposes of this provision, 'qualifications' must meet the requirements for<br />
recognition set out in SM14.5 (except where SM7.10.3 applies) but are not required to be the<br />
same qualification(s) that qualifies for points under the Qualifications part of these instructions<br />
(see SM14).<br />
SM7.10.10 Relevance of work experience to employment<br />
Work experience is relevant to employment if the employer considers, and an immigration<br />
officer is satisfied that:<br />
a. the work experience is directly applicable to the employment; and/or<br />
b. the offer of employment could not reasonably have been made or the employment could<br />
not reasonably have been undertaken if the applicant did not have that work experience.<br />
SM7.10.15 Recognised work experience<br />
a. Work experience will be recognised if an immigration officer is satisfied that the principal<br />
applicant's work experience has been lawfully obtained.<br />
b. Work experience will not be recognised if it was gained while in a country where the<br />
principal applicant was either an unlawful resident or required authority to undertake<br />
employment, but did not have such authority.<br />
SM7.15 Additional requirements for skilled employment<br />
a. Skilled employment only qualifies for points if the employment is:<br />
Effective: 07/11/2011<br />
i full time (employment is full-time if it amounts to, on average, at least 30 hours per<br />
week); and<br />
ii genuine; and
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iii for a position that is paid by salary or wages or in terms of a contract for service<br />
(payment by commission and/or retainer are not acceptable), and<br />
iv accompanied by evidence of full or provisional registration, or evidence of eligibility for<br />
registration by the <strong>New</strong> <strong>Zealand</strong> Medical or Dental Council subject only to an interview<br />
with the relevant registration authority on arrival, if full or provisional registration is<br />
required by law to undertake the employment (see SM19.20); and<br />
Note: For medical practitioners, registration within a 'special purpose scope of practice' is not full or provisional registration for the purpose of a resident visa<br />
application or a work to residence application.<br />
v the employment was not offered as a result of payment made by the applicant (or<br />
their agent) to the employer (or their agent) in exchange for securing that offer of<br />
employment. Such practices are contrary to the principles of the Wages Protection Act<br />
1983, as well as to immigration instructions.<br />
Note: To determine whether an offer of employment is skilled, an immigration officer may consider whether the remuneration offered for the position is<br />
comparable to the market rate for <strong>New</strong> <strong>Zealand</strong> workers in that occupation.<br />
b. Employment must be ongoing and sustainable. Ongoing and sustainable employment is:<br />
i an offer of employment or current employment with a single employer and permanent,<br />
or indefinite, or for a stated term of at least twelve months with an option for the<br />
employee of further terms, and of which the employer is in a position to meet the<br />
terms specified; or<br />
ii employment on a contract basis where the applicant:<br />
has a consistent history of contract work, and<br />
has a current contract for services, and<br />
INZ is satisfied that such contract work is likely to be sustained.<br />
Note: When assessing whether employment is sustainable, officers may consider, but are<br />
not limited to, such factors as the residence status of the employer, the period for which<br />
the employing organisation has been established as a going concern, and the financial<br />
sustainability of the employing organisation.<br />
c. In the case of independent midwife practitioners a letter of authority to claim under the<br />
Maternity Notice pursuant to Section 88 of the <strong>New</strong> <strong>Zealand</strong> Public Health and Disability<br />
Act 2000 as well as evidence of admission to the <strong>New</strong> <strong>Zealand</strong> Register of Midwives will<br />
satisfy the requirements of SM7.5(b), SM7.15(a)(i),(ii) and (iii), SM7.15(b), and can be<br />
used to satisfy the requirements of SM4.30.10(a)(i).<br />
SM7.20 Requirements for employers<br />
Effective 29/11/2010<br />
a. All employers wishing to employ non-<strong>New</strong> <strong>Zealand</strong> citizens or residents must comply with<br />
all relevant employment and immigration law in force in <strong>New</strong> <strong>Zealand</strong>. Compliance with<br />
relevant <strong>New</strong> <strong>Zealand</strong> employment and immigration law includes, but is not limited to:<br />
i paying employees no less than the appropriate minimum wage rate or other<br />
contracted industry standard; and<br />
ii meeting holiday and special leave requirements or other minimum statutory criteria,<br />
e.g. occupational safety and health obligations; and<br />
iii only employing people who have authority to work in <strong>New</strong> <strong>Zealand</strong>.<br />
b. To qualify for points, skilled employment must be with an employer who has good<br />
workplace practices, including a history of compliance with all immigration and<br />
employment laws such as the <strong>Immigration</strong> Act, the Injury Prevention, Rehabilitation and<br />
Compensation Act, the Minimum Wage Act, the Health and Safety in Employment Act, the<br />
Employment Relations Act and the Holidays Act.
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c. Current employment or an offer of employment does not qualify for points if it is not<br />
compliant with all relevant immigration and employment laws in force in <strong>New</strong> <strong>Zealand</strong> or if<br />
INZ considers that the employment of the applicant creates unacceptable risks to the<br />
integrity of <strong>New</strong> <strong>Zealand</strong>'s immigration or employment laws, policies or instructions.<br />
Note: To determine whether an offer of employment creates an unacceptable risk to the<br />
integrity of <strong>New</strong> <strong>Zealand</strong>'s immigration and employment laws, policies or instructions an<br />
immigration officer may consider whether the remuneration offered for the position is<br />
comparable to the market rate for <strong>New</strong> <strong>Zealand</strong> workers in that occupation.<br />
Effective 29/11/2010
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SM8 BONUS POINTS: EMPLOYMENT IN AN IDENTIFIED FUTURE<br />
GROWTH AREA OR AREA OF ABSOLUTE SKILLS SHORTAGE<br />
SM8.1 Aims and intent<br />
The aim of providing bonus points for skilled employment in an identified future growth area or<br />
an area of absolute skills shortage is to recognise that <strong>New</strong> <strong>Zealand</strong>'s short and longer term<br />
economic development can be facilitated by those migrants with skills that will contribute to<br />
<strong>New</strong> <strong>Zealand</strong>'s economic growth.<br />
Effective 29/11/2010<br />
SM8.5 Points for employment in an identified future growth area or area of<br />
absolute skills shortage<br />
An offer of skilled employment or current skilled employment in <strong>New</strong> <strong>Zealand</strong> in an identified<br />
future growth area or an area of absolute skills shortage qualifies for 10 points.<br />
SM8.10 Employment in an identified future growth area<br />
Effective 29/11/2010<br />
a. As future growth areas are identified they will be listed in this provision. For the purposes<br />
of these instructions, currently identified future growth areas are as follows:<br />
• Biotechnology<br />
• Information Communications Technology<br />
• Creative industries (Advertising, Software & Computing Services, Publishing, TV and<br />
Radio, Film and Video, Architecture, Design, Designer Fashion, Music and Performing<br />
Arts, Visual Arts).<br />
b. Skilled employment in one of the identified future growth areas set out above will only<br />
qualify for points if the principal applicant provides confirmation from their employer, and<br />
an immigration officer is satisfied, that their current employment or offer of employment is<br />
in one of those identified future growth areas.<br />
SM8.20 Employment in an area of absolute skills shortage<br />
Effective 29/11/2010<br />
a. A principal applicant is assessed as having employment in an area of absolute skills<br />
shortage if:<br />
i they are employed in an occupation included on the Long Term Skill Shortage List<br />
(refer Appendix 4) or that was on the Long Term Skill Shortage List at the time their<br />
Expression of Interest was selected; and<br />
ii the current employment or offer of employment meets the specifications for that<br />
occupation; and<br />
iii they are suitably qualified by training and/or experience to undertake the employment<br />
or offer of employment (including any specific requirements set out on the Long Term<br />
Skill Shortage List or that were listed on the date their Expression of Interest was<br />
selected).<br />
b. Skilled employment in an area of absolute skills shortage only qualifies for points if a<br />
principal applicant provides evidence that their employment or offer of employment meets<br />
the requirements of (a) above.<br />
Effective 29/11/2010
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SM9 BONUS POINTS: EMPLOYMENT OUTSIDE THE AUCKLAND<br />
REGION<br />
SM9.1 Aim and intent<br />
The aim of providing bonus points for employment outside the Auckland region is to enhance<br />
the ability of other regions to utilise immigration to support regional economic development.<br />
SM9.5 Bonus points for employment outside the Auckland region<br />
See previous instructions SM9.5 Effective 29/11/2010<br />
Effective 29/11/2010<br />
Current skilled employment or an offer of skilled employment outside the Auckland region<br />
qualifies for ten points.<br />
SM9.10 Definition: Employment outside the Auckland region<br />
See previous instructions SM9.10 Effective 29/11/2010<br />
See also Health and Safety in Employment Act 1992 s 2<br />
Effective 04/04/2011<br />
Employment is outside the Auckland region if the principal applicant's entire or principal place<br />
of work (as defined in section 2 of the Health and Safety in Employment Act 1992) is not<br />
within the territories covered by the Auckland Council.<br />
Note: The Health and Safety in Employment Act 1992 defines a 'place of work' as meaning a<br />
place (whether or not within or forming part of a building, structure, or vehicle) where any<br />
person is to work, for the time being works, or customarily works, for gain or reward; and, in<br />
relation to an employee, includes a place, or part of a place, (not being domestic<br />
accommodation provided for the employee):<br />
~ Where the employee comes or may come to eat, rest or get first aid or pay; or<br />
~ Where the employee comes or may come as part of the employee's duties to report in or<br />
out, get instructions, or deliver goods or vehicles; or<br />
~ Through which the employee may or must pass to reach a place of work.<br />
SM9.15 Evidence<br />
Effective 04/04/2011<br />
If requested by an immigration officer, principal applicants must provide evidence that their<br />
place of work is entirely or principally outside the Auckland region.<br />
Effective 29/11/2010
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SM10 BONUS POINTS: PARTNER'S SKILLED EMPLOYMENT IN<br />
NEW ZEALAND<br />
SM10.1 Aim and intent<br />
The aim of providing bonus points for a partner's skilled employment is to recognise such<br />
employment as an indicator of the likely contribution of the whole migrating family.<br />
SM10.5 Points for partner's skilled employment in <strong>New</strong> <strong>Zealand</strong><br />
Effective 29/11/2010<br />
A partner's offer of skilled employment or current skilled employment in <strong>New</strong> <strong>Zealand</strong> qualifies<br />
for 20 points.<br />
SM10.10 Award of points<br />
Effective 29/11/2010<br />
A partner's offer of skilled employment or current skilled employment in <strong>New</strong> <strong>Zealand</strong> only<br />
qualifies for points under this provision if:<br />
a. the partner's offer of skilled employment or current skilled employment meets the<br />
requirements for 'skilled employment' as set out in SM7; and<br />
b. the principal applicant's partner is included in the application; and<br />
c. the partner meets the English language requirements for principal applicants (see<br />
SM5.15); and<br />
d. an immigration officer is satisfied that the principal applicant and their partner have been<br />
living together for 12 months or more in a partnership that is genuine and stable (see<br />
F2.10.1) and otherwise meets criteria for Partnership Category (see F2.15).<br />
Effective 29/11/2010
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SM11 WORK EXPERIENCE<br />
SM11.1 Aim and intent<br />
The aim of providing points for work experience is to recognise the importance of skills and<br />
experience gained through previous employment that:<br />
• are readily transferable;<br />
• will enable migrants to obtain skilled employment in <strong>New</strong> <strong>Zealand</strong>; and<br />
• will enhance migrants' ability to contribute to <strong>New</strong> <strong>Zealand</strong> economically and socially.<br />
Effective 29/11/2010<br />
SM11.5 Points for recognised work experience<br />
Recognised work experience qualifies for points as set out below:<br />
2 years 10 points<br />
4 years 15 points<br />
6 years 20 points<br />
8 years 25 points<br />
10 years 30 points<br />
Points are calculated on the basis of every two complete years of work experience up to a<br />
maximum of ten years.<br />
Example: Three years of recognised work experience qualifies for ten points.<br />
SM11.10 Requirements for recognition<br />
Effective 29/11/2010<br />
Work experience is recognised and qualifies for points if it meets the requirements set out at<br />
(a) and (b) below:<br />
a. An immigration officer must be satisfied that work experience is:<br />
i relevant to the principal applicant's current skilled employment in <strong>New</strong> <strong>Zealand</strong> or<br />
offer of skilled employment in <strong>New</strong> <strong>Zealand</strong> (see SM7); or<br />
ii relevant to the principal applicant's recognised qualification (see SM14); or<br />
iii skilled, because it required, or enabled the principal applicant to gain specialist,<br />
technical or management skills and experience relevant to an occupation that is<br />
included in the lists of occupations held at Appendix 6 or Appendix 7.<br />
b. Work experience must also have been gained in a labour market that is comparable to the<br />
<strong>New</strong> <strong>Zealand</strong> labour market unless:<br />
i the work experience meets the requirements set out at SM13.20 for work experience<br />
in an area of absolute skills shortage; or<br />
ii the principal applicant has current skilled employment in <strong>New</strong> <strong>Zealand</strong> or an offer of<br />
skilled employment in <strong>New</strong> <strong>Zealand</strong> (see SM7).<br />
SM11.10.1 Definition: Comparable labour market<br />
a. Work experience is assessed as being in a comparable labour market if it was undertaken<br />
in one of the following countries by:
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i a citizen or permanent resident of that country; or<br />
ii a person who had the lawful authority to work in that country.<br />
Australia Malaysia<br />
Austria <strong>New</strong> <strong>Zealand</strong><br />
Belgium-Luxembourg Netherlands<br />
Canada Norway<br />
Cyprus Philippines<br />
Denmark Portugal<br />
Finland Republic of South Korea<br />
France Singapore<br />
Germany South Africa<br />
Greece Spain<br />
Iceland Sweden<br />
Ireland Switzerland<br />
Israel United Kingdom<br />
Italy United States<br />
Japan<br />
b. Work experience undertaken in a country not listed at (a) above will be assessed as being<br />
in a comparable labour market only if it was undertaken for a multinational commercial<br />
entity (including a wholly or majority owned subsidiary of such an entity that bears the<br />
same core name as the parent company) domiciled in one of the countries listed in (a)<br />
above.<br />
SM11.10.5 Relevance of work experience to qualifications<br />
Work experience is relevant to a principal applicant's recognised qualification if an immigration<br />
officer is satisfied that the qualification was:<br />
a. an important factor in the principal applicant being able to obtain work or continue or<br />
advance in the position or field of work in which they have experience; or<br />
b. an important factor in a career path that has advanced progressively from the principal<br />
applicant's pre-qualification work experience.<br />
SM11.10.10 Relevance of work experience to an offer of skilled employment in <strong>New</strong><br />
<strong>Zealand</strong><br />
Work experience is relevant to a principal applicant's offer of skilled employment in <strong>New</strong><br />
<strong>Zealand</strong> if an employer considers, and an immigration officer is satisfied that:<br />
a. the work experience is directly applicable to the employment offered; and/or
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b. the offer of employment could not reasonably have been made if the principal applicant<br />
did not have that work experience.<br />
SM11.15 Additional requirements for recognition of work experience<br />
Effective 29/11/2010<br />
a. Work experience only qualifies for points if an immigration officer is satisfied that the<br />
principal applicant's work experience is lawfully obtained.<br />
b. Work experience will not be recognised if it was gained while in a country where the<br />
principal applicant was either an unlawful resident or required authority to undertake<br />
employment, but did not have such authority.<br />
SM 11.15.1 Part-time work<br />
a. Calculation of levels of work experience must be for complete weeks based on a 30-hour<br />
week.<br />
b. Credit is given for 30-hour weeks only, even though a principal applicant has worked more<br />
than 30 hours in any week.<br />
Example: Fifty-two 60-hour weeks are equal to one years work experience.<br />
c. Credit for part-time work experience may be given on a proportional basis.<br />
Example: Four years work experience for 15 hours per week is equal to 2 years work<br />
experience for a 30-hour week, and therefore qualifies for 10 points.<br />
SM11.20 Evidence<br />
Effective 29/11/2010<br />
Principal applicants must provide evidence and information that satisfies an immigration officer<br />
that their work experience meets the requirements for recognition.<br />
Effective 29/11/2010
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SM12 BONUS POINTS: WORK EXPERIENCE IN NEW ZEALAND<br />
SM12.1 Aim and intent<br />
The aim of providing bonus points for work experience in <strong>New</strong> <strong>Zealand</strong> is to recognise that<br />
such experience enhances:<br />
• understanding of the <strong>New</strong> <strong>Zealand</strong> labour market;<br />
• ability to gain skilled employment; and<br />
• ability to achieve positive settlement outcomes<br />
SM12.5 Points for recognised work experience in <strong>New</strong> <strong>Zealand</strong><br />
Recognised work experience in <strong>New</strong> <strong>Zealand</strong> qualifies for points as follows:<br />
1 year 5 points<br />
2 years 10 points<br />
3 years or more 15 points<br />
Effective 29/11/2010<br />
Note: The requirements for recognised work experience are set out in SM11.10 and SM11.15.<br />
Effective 29/11/2010
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SM13 BONUS POINTS: WORK EXPERIENCE IN AN IDENTIFIED<br />
FUTURE GROWTH AREA OR AN AREA OF ABSOLUTE SKILLS<br />
SHORTAGE<br />
SM13.1 Aim and intent<br />
The intent of providing bonus points for work experience in an identified future growth area or<br />
an area of absolute skills shortage is to ensure that those skilled migrants who can contribute<br />
significantly to the identified growth areas in <strong>New</strong> <strong>Zealand</strong> are given some recognition for that<br />
potential specific contribution.<br />
Effective 29/11/2010<br />
SM13.5 Points for recognised work experience in an identified future growth<br />
area or area of absolute skills shortage<br />
Recognised work experience in an identified future growth area or an area of absolute skills<br />
shortage qualifies for points as follows:<br />
2-5 years 10 points<br />
6 years or more 15 points<br />
Note: To qualify for bonus points, work experience must meet the requirements as set out at<br />
SM11.10.<br />
SM13.10 Work experience in an identified future growth area<br />
Effective 29/11/2010<br />
Recognised work experience in an identified future growth area qualifies for points if:<br />
a. the principal applicant has points for current skilled employment or an offer of skilled<br />
employment in an identified future growth area (see SM8.10); and<br />
b. the experience is relevant to that employment (see SM7.10.10).<br />
SM13.10.1 Evidence<br />
Recognised work experience in an identified future growth area only qualifies for bonus points<br />
if the principal applicant provides evidence that satisfies an immigration officer that their work<br />
experience meets the requirements of SM13.10 above.<br />
SM13.20 Work experience in an area of absolute skills shortage<br />
See previous instructions SM13.20 Effective 29/11/2010<br />
Effective 29/11/2010<br />
a. Recognised work experience is assessed as being in an area of absolute skills shortage if:<br />
i it was undertaken in an occupation included on the Long Term Skill Shortage List<br />
(refer Appendix 4) or that was on the Long Term Skill Shortage List at the time the<br />
principal applicant’s Expression of Interest was selected; and<br />
ii it meets the specifications for that occupation; and<br />
iii the principal applicant is suitably qualified by training and/or experience to undertake<br />
that work (including any specific requirements set out in column 3 of the Long Term<br />
Skill Shortage List or that were listed on the date their Expression of Interest was<br />
selected).
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b. Where the Long Term Skill Shortage List specifies that occupational registration is required<br />
for a listed occupation, the principal applicant must demonstrate that they:<br />
i held occupational registration while undertaking the work experience, if occupational<br />
registration was required in the country in which the work occurred; and<br />
ii hold current full or provisional <strong>New</strong> <strong>Zealand</strong> occupational registration, or meets the<br />
requirements of SM19.15.b.ii if registration is required from the <strong>New</strong> <strong>Zealand</strong> Medical<br />
or Dental Council.<br />
SM13.20.1 Evidence<br />
Recognised work experience in an area of absolute skills shortage only qualifies for points if<br />
the principal applicant provides evidence that satisfies an immigration officer that their work<br />
experience meets the requirements of SM13.20 above.<br />
Effective: 07/11/2011
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SM14 RECOGNISED QUALIFICATIONS<br />
SM14.1 Aim and intent<br />
The aim of providing points for qualifications is to recognise the importance of qualifications as<br />
an indicator of ability to obtain skilled employment in <strong>New</strong> <strong>Zealand</strong> and to increase <strong>New</strong><br />
<strong>Zealand</strong>'s capability.<br />
SM14.5 Recognition of qualifications<br />
See previous instructions SM14.5 Effective 29/11/2010<br />
Effective 29/11/2010<br />
Subject to SM14.10.5 and SM14.10.10, a recognised qualification is a qualification that an<br />
immigration officer is satisfied occupies a level on the <strong>New</strong> <strong>Zealand</strong> Qualifications Framework<br />
(NZQF) which qualifies it for points by reference to:<br />
a. the level that the qualification(s) occupies on the NZQF as assessed by the <strong>New</strong> <strong>Zealand</strong><br />
Qualifications Authority (NZQA); or<br />
b. the level that the qualification(s) occupies on the NZQF as set out in the List of<br />
Qualifications Recognised as an Exception (see Appendix 8); or<br />
c. the level that the qualification(s) occupies on the NZQF as set out in the List of<br />
Qualifications Exempt from Assessment (see Appendix 3); or<br />
d. the level that the qualification(s) occupies on the NZQF having regard to the full or<br />
provisional registration of the principal applicant by a <strong>New</strong> <strong>Zealand</strong> organisation authorised<br />
by law to give occupational registration, if that registration involves an assessment that<br />
the principal applicant's overseas qualification(s) is comparable with a <strong>New</strong> <strong>Zealand</strong><br />
qualification that is included in the List of Qualifications Exempt from Assessment.<br />
Note:<br />
~ For medical practitioners, registration within a 'special purpose scope of practice' is not full<br />
or provisional registration for the purpose of a resident visa application or a work to residence<br />
application.<br />
~ For teachers, 'provisional' registration includes both 'provisional' and 'subject to<br />
confirmation' registration.<br />
~ The NZQF is available at www.nzqf.govt.nz.<br />
SM14.10 Points for recognised qualifications<br />
See previous instructions:<br />
SM14.10 Effective 25/07/2011<br />
SM14.10 Effective 04/04/2011<br />
SM14.10 Effective 29/11/2010<br />
Qualifications are recognised and qualify for points as follows:<br />
Effective 04/04/2011<br />
a. Qualifications assessed as occupying levels nine and ten on the NZQF qualify for 60 points.<br />
b. Qualifications assessed as occupying levels seven, or eight on the NZQF qualify for 50<br />
points.<br />
c. Qualifications assessed as occupying level five or six on the NZQF qualify for 40 points.
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d. Qualifications assessed as occupying level four on the NZQF qualify for 40 points by<br />
inclusion in the List of Qualifications Exempt from Assessment (see Appendix 3) if they<br />
meet the requirements specified in that list.<br />
e. Qualifications assessed as occupying level four on the NZQF qualify for 40 points if they<br />
are assessed by the NZQA and are:<br />
i relevant to an occupation listed at part B or part C of the List of Skilled Occupations<br />
(see Appendix 6); and<br />
ii not included on the list of Excluded Qualifications (see SM14.10.5).<br />
f. Qualifications assessed as occupying level three on the NZQF that are included on the List<br />
of Qualifications Recognised as an Exception (see SM14.10.10), and meet the<br />
requirements specified in that list, qualify for 40 points.<br />
g. Points are provided for:<br />
i one qualification only; or<br />
ii two or more qualifications assessed in combination.<br />
Note: Points for recognised qualifications are not cumulative. A principal applicant may qualify<br />
for only 40, 50, or 60 points. For example, if an applicant has two level nine qualifications on<br />
the NZQF they may still only qualify for 60 points.<br />
Note: A qualification will not be recognised if gained while in a country where the principal<br />
applicant was either an unlawful resident or required authority to study, but did not have such<br />
authority.<br />
SM14.10.1 <strong>New</strong> <strong>Zealand</strong> qualifications<br />
Despite SM14.10, SM14.10.5 and SM14.10.10, a <strong>New</strong> <strong>Zealand</strong> qualification at levels three,<br />
four, five or six on the NZQF qualifies for 50 points if:<br />
a. it would have met the requirements for the award of points under the Skilled Migrant<br />
Category that was in effect on 24 July 2011; and<br />
b. the principal applicant completed the qualification before 25 July 2011 or the principal<br />
applicant had commenced a course of study, resulting in the qualification for which they<br />
are claiming points, on 24 July 2011.<br />
SM14.10.5 Excluded qualifications<br />
The qualifications listed below are excluded from recognition under the Skilled Migrant<br />
Category and do not qualify for points. This list may be amended by the deletion or addition of<br />
qualifications from time to time, as approved by the Minister of <strong>Immigration</strong>.<br />
• Level four qualifications that are not a National Certificate or a <strong>New</strong> <strong>Zealand</strong> Certificate (or<br />
compared to a National Certificate or a <strong>New</strong> <strong>Zealand</strong> Certificate by the NZQA).<br />
• Any English for Speakers of Other Languages (ESOL) qualification.<br />
Note: <strong>Immigration</strong> officers must ensure that the qualification is a National Certificate or a <strong>New</strong><br />
<strong>Zealand</strong> Certificate (Level 4) or comparable to a National Certificate or a <strong>New</strong> <strong>Zealand</strong><br />
Certificate (Level 4) and may refer to the following for confirmation:<br />
~ the www.nzqf.govt.nz website,<br />
~ written confirmation provided by the <strong>New</strong> <strong>Zealand</strong> Qualifications Authority (NZQA) to the<br />
Tertiary Education Provider confirming the qualification is a National Certificate,<br />
~ a NZQA International Qualification Assessment (IQA); or<br />
~ a NZQA Qualifications Assessment Report (QAR).
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SM14.10.10 Qualifications recognised as an exception<br />
a. The qualifications included in the list held at Appendix 8 are recognised for the award of<br />
points as an exception under the Skilled Migrant Category.<br />
b. Qualifications in this list, awarded by an institution included in this list, do not require<br />
assessment by the <strong>New</strong> <strong>Zealand</strong> Qualifications Authority.<br />
SM14.20 Evidence<br />
See previous instructions SM14.20 Effective 29/11/2010<br />
Effective: 07/11/2011<br />
a. Principal applicants under the Skilled Migrant Category must submit their qualifications<br />
and provide a NZQA assessment (Pre Assessment Result (PAR), International Qualification<br />
Assessment (IQA) or Qualifications Assessment Report (QAR) (see SM14.35)) unless:<br />
i their qualification(s) is included in the List of Qualifications Exempt from Assessment;<br />
or<br />
ii their qualification(s) is included in the List of Qualifications Recognised as an<br />
Exception; or<br />
iii they have been awarded full or provisional registration by a <strong>New</strong> <strong>Zealand</strong> organisation<br />
authorised by law to give occupational registration, and registration involves an<br />
assessment that their overseas qualification(s) is comparable with a <strong>New</strong> <strong>Zealand</strong><br />
qualification that is included in the List of Qualifications Exempt from Assessment.<br />
Note: From 27 June 2008 the Qualifications Assessment Report (QAR) has been renamed 'International Qualification Assessment' (IQA). Both IQAs and QARs<br />
are acceptable as evidence to determine whether a qualification will qualify for points.<br />
b. If an NZQA assessment is required for an overseas qualification, a PAR is suitable for<br />
lodgement of an application under the Skilled Migrant Category, but a QAR or IQA will be<br />
required to determine whether a qualification (or group of qualifications) will qualify for<br />
points.<br />
c. Applicants with <strong>New</strong> <strong>Zealand</strong> qualifications should provide evidence of the level of that<br />
qualification by submitting a 'Qualification Overview' report with their qualification. This<br />
report can be obtained from the <strong>New</strong> <strong>Zealand</strong> Qualifications Authority website<br />
(www.nzqf.govt.nz).<br />
d. In the case of a <strong>New</strong> <strong>Zealand</strong> qualification that is not included on the NZQF, a letter from<br />
the NZQA will be required to determine whether the qualification will qualify for points.<br />
e. In order for a qualification to qualify for points on the basis of full or provisional<br />
registration, the certificate of registration, or evidence of eligibility for registration subject<br />
only to an interview with a representative of the <strong>New</strong> <strong>Zealand</strong> Medical or Dental Council on<br />
arrival must also be provided (see SM19.15).<br />
Note: For medical practitioners, registration within a 'special purpose scope of practice' is<br />
not full or provisional registration for the purpose of a resident visa application or a work to<br />
residence class application.<br />
f. If a principal applicant is claiming points for a qualification on the basis of their<br />
occupational registration, the qualification(s) qualifies for the points identified for the<br />
comparable <strong>New</strong> <strong>Zealand</strong> qualification in the List of Qualifications Exempt from<br />
Assessment.<br />
g. Despite the fact that the List of Qualifications Exempt from Assessment or the List of<br />
Qualifications Recognised as an Exception provides that a specified qualification qualifies
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for certain points, an applicant or an immigration officer (by requesting the applicant to do<br />
so) may seek a IQA or QAR of any particular qualification. Where this occurs, the most<br />
recent NZQA assessment will prevail.<br />
SM14.30 NZQA involvement in the assessment of qualifications<br />
Effective 07/11/2011<br />
a. If a NZQA assessment of qualification(s) is sought, the NZQA determines the level that the<br />
qualification(s) occupy on the NZQF, however, the points for which a particular<br />
qualification or group of qualifications qualifies is determined by INZ alone.<br />
b. Despite the fact that the NZQA may undertake its own verification of qualifications that are<br />
submitted to it for assessment, INZ alone determines whether an applicant genuinely<br />
holds the qualification(s) which may qualify for points.<br />
SM14.35 NZQA Pre-Assessment Results (PARs),...<br />
SM14.35 NZQA Pre-Assessment Results (PARs), International Qualification<br />
Assessments (IQAs) and Qualifications Assessment Reports (QARs)<br />
Effective 29/11/2010<br />
a. The NZQA will provide Pre-Assessment Results (PARs), and International Qualification<br />
Assessments (IQAs) (formerly a Qualifications Assessment Report (QAR)).<br />
b. A Pre-Assessment Result is a report that compares an applicant's nominated qualification<br />
to a Level on the <strong>New</strong> <strong>Zealand</strong> Qualifications Framework. It is made on the understanding<br />
that:<br />
i a pre-assessment result is based solely on unverified information provided by the<br />
applicant on the application form; and<br />
ii no documentation is sighted; and<br />
iii only one overseas qualification is compared; and<br />
iv when an application for a resident visa is made, a full assessment (a IQA or QAR) will<br />
be required to determine whether a qualification (or group of qualifications) will<br />
qualify for points.<br />
c. An International Qualification Assessment (IQA) (formerly a Qualifications Assessment<br />
Report (QAR)).<br />
i assesses an overseas qualification (or group of qualifications) by stating the learning<br />
outcomes of the closest <strong>New</strong> <strong>Zealand</strong> equivalent qualification; and<br />
ii states the <strong>New</strong> <strong>Zealand</strong> Qualifications Framework of <strong>New</strong> <strong>Zealand</strong> Quality Assured<br />
Qualifications level of that equivalent qualifications; and<br />
iii refers to any verification of the applicant's qualifications undertaken by the NZQA.<br />
Note: From 27 June 2008 the Qualifications Assessment Report (QAR) has been renamed<br />
'International Qualification Assessment' (IQA). Both IQAs and QARs are acceptable as<br />
evidence to determine whether a qualification will qualify for points.<br />
Effective 29/11/2010
INZ Operational Manual <strong>Residence</strong><br />
SM15 BONUS POINTS: NEW ZEALAND QUALIFICATIONS<br />
SM15.1 Aim and intent<br />
The aim of providing bonus points for time spent studying in <strong>New</strong> <strong>Zealand</strong> towards a<br />
recognised qualification and for obtaining recognised <strong>New</strong> <strong>Zealand</strong> qualifications is to<br />
acknowledge:<br />
• that time spent studying in <strong>New</strong> <strong>Zealand</strong> and completing recognised qualifications in <strong>New</strong><br />
<strong>Zealand</strong> enhances settlement outcomes; and<br />
• that recognised qualifications gained in <strong>New</strong> <strong>Zealand</strong> will be recognised by, and are<br />
relevant to the needs of, <strong>New</strong> <strong>Zealand</strong> employers.<br />
Effective 29/11/2010<br />
SM15.5 Bonus points for <strong>New</strong> <strong>Zealand</strong> qualifications<br />
See previous instructions:<br />
SM15.5 Effective 07/11/2011<br />
SM15.5 Effective 25/07/2011<br />
SM15.5 Effective 07/02/2011<br />
SM15.5 Effective 29/11/2010<br />
a. A recognised <strong>New</strong> <strong>Zealand</strong> bachelor degree (level seven on the NZQF) (see SM14.5)<br />
requiring a minimum of two years of full-time study in <strong>New</strong> <strong>Zealand</strong> qualifies for 10 points,<br />
providing the full-time study was over four semesters during a period of at least 16<br />
months.<br />
b. A recognised post-graduate <strong>New</strong> <strong>Zealand</strong> qualification requiring a minimum of one year of<br />
full-time study in <strong>New</strong> <strong>Zealand</strong> (levels eight, nine, or 10 on the NZQF) (see SM14.5)<br />
qualifies for 10 points.<br />
c. A recognised post-graduate <strong>New</strong> <strong>Zealand</strong> qualification requiring a minimum of two years of<br />
full-time study in <strong>New</strong> <strong>Zealand</strong> (level nine or ten on the NZQF) (see SM14.5) qualifies for<br />
15 points.<br />
d. Qualifications gained with <strong>New</strong> <strong>Zealand</strong> Aid Programme funding will not qualify for bonus<br />
points.<br />
e. If (a), (b), and (c) above do not apply, the principal applicant may be eligible for <strong>New</strong><br />
<strong>Zealand</strong> qualification bonus points under SM15.5.1 if they:<br />
i gained the qualification before 25 July 2011; or<br />
ii had commenced a course of study towards a recognised <strong>New</strong> <strong>Zealand</strong> qualification on<br />
24 July 2011.<br />
SM15.5.1 Bonus points for <strong>New</strong> <strong>Zealand</strong> qualifications commenced in or completed<br />
before 25 July 2011<br />
a. Two years of full-time study in <strong>New</strong> <strong>Zealand</strong> towards a recognised <strong>New</strong> <strong>Zealand</strong><br />
qualification qualifies for five points, providing the full-time study was over four semesters<br />
during a period of at least 16 months.<br />
b. A recognised basic <strong>New</strong> <strong>Zealand</strong> qualification from level four up to and including level eight<br />
on the NZQF qualifies for five points.<br />
SM15.5.5 Definition of 'full-time study' for the purpose of the Skilled Migrant<br />
Category<br />
Study undertaken in <strong>New</strong> <strong>Zealand</strong> is defined as full-time where:
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a. an undergraduate student at a tertiary education institution was enrolled in at least three<br />
papers per semester; or<br />
b. a post-graduate student at a tertiary education institution was enrolled in either a course<br />
of study:<br />
i that resulted in at least 100 credits per calendar year; or<br />
ii with a workload of at least 20 hours per week; or<br />
c. a student at a private training establishment was enrolled in:<br />
i a course of study that requires attendance for a minimum of 20 hours per week; or<br />
ii at least three papers, or equivalent, per semester if the course is at Level 7 or above<br />
on the <strong>New</strong> <strong>Zealand</strong> Qualification Framework.<br />
Effective 26/03/2012
INZ Operational Manual <strong>Residence</strong><br />
SM16 BONUS POINTS: QUALIFICATIONS IN AN IDENTIFIED<br />
FUTURE GROWTH AREA OR AN AREA OF ABSOLUTE SKILLS<br />
SHORTAGE<br />
SM16.1 Aim and intent<br />
The aim of providing bonus points for qualifications in an identified future growth area or an<br />
area of absolute skills shortage is to recognise that <strong>New</strong> <strong>Zealand</strong>'s short and longer term<br />
economic development can be facilitated by those with skills in demand in <strong>New</strong> <strong>Zealand</strong>.<br />
SM16.5 Bonus points for recognised qualification<br />
Effective 29/11/2010<br />
Recognised qualifications in an identified future growth area or an area of absolute skills<br />
shortage qualify for 10 points.<br />
SM16.10 Qualifications in an identified future growth area<br />
Effective 29/11/2010<br />
A recognised qualification(s) in an identified future growth area will only qualify for points if:<br />
a. the principal applicant has points for current skilled employment or an offer of skilled<br />
employment in an identified future growth area (see SM8.10); and<br />
b. the qualification is relevant to that employment (see SM16.10.1).<br />
SM16.10.1 Relevance of qualification(s) to skilled employment in an identified future<br />
growth area<br />
A recognised qualification is relevant to skilled employment in an area of identified future<br />
growth if an immigration officer is satisfied that:<br />
a. the major subject area of the recognised qualification is directly applicable to skilled<br />
employment in an identified future growth area that qualifies for points (see SM8.10); and<br />
b. the skilled employment is in an occupation for which that qualification is a core<br />
requirement.<br />
SM16.10.5 Evidence<br />
Recognised qualifications in an identified future growth area only qualify for points if the<br />
principal applicant provides evidence that satisfies an immigration officer that the<br />
qualification(s) meets the requirements of SM16.10 and SM16.10.1 above.<br />
SM16.20 Qualifications in an area of absolute skills shortage<br />
Effective 29/11/2010<br />
a. If a principal applicant does not have skilled employment in <strong>New</strong> <strong>Zealand</strong> in an area of<br />
absolute skills shortage (see SM8.20), they will be assessed as being qualified in an area<br />
of absolute skills shortage if they meet the specifications in Column 4 of the Long Term<br />
Skill Shortage List (see Appendix 4) or that was listed on the date their Expression of<br />
Interest was selected.<br />
b. If a principal applicant does have skilled employment in <strong>New</strong> <strong>Zealand</strong> in an area of<br />
absolute skills shortage (see SM8.20) their recognised qualification will be assessed as<br />
being in an area of absolute skills shortage if the specialist, technical or managerial
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expertise required for that employment was obtained through the completion of that<br />
qualification.<br />
c. Recognised qualifications in an area of absolute skills shortage only qualify for points if any<br />
occupational registration requirements relating to those qualifications are met (see<br />
SM19.15).<br />
SM16.20.1 Evidence<br />
If (b) above applies, recognised qualifications in an area of absolute skills shortage will only<br />
qualify for points if the principal applicant provides evidence that they obtained the specialist,<br />
technical or managerial expertise required for their employment in an area of absolute skills<br />
shortage through completion of the recognised qualification.<br />
Effective 29/11/2010<br />
SM16.25 Removal of an occupation from the Long Term Skill Shortage List<br />
If an occupation is removed from the Long Term Skill Shortage List, Expressions of Interest<br />
that have been selected before the removal, which include points for meeting the requirements<br />
under SM16.20, will be assessed in the subsequent SMC application for a resident visa as if the<br />
occupation was not removed.<br />
Effective 29/11/2010
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SM17 BONUS POINTS: PARTNER'S RECOGNISED<br />
QUALIFICATIONS<br />
SM17.1 Aim and intent<br />
See previous instructions SM17.1 Effective 29/11/2011<br />
The aim of providing bonus points for a partner's recognised qualification(s) is to recognise<br />
such qualifications as an indicator of the likely contribution of the whole migrating family.<br />
SM17.5 Bonus points for a partner's recognised qualifications<br />
See previous instructions:<br />
SM17.5 Effective 30/07/2011<br />
SM17.5 Effective 25/07/2011<br />
Effective 25/07/2011<br />
a. Recognised qualifications (see SM14.5) held by the partner of a principal applicant qualify<br />
for the following points:<br />
Level on the <strong>New</strong> <strong>Zealand</strong> Qualification Framework Points<br />
three – must be on the List of Qualifications<br />
Recognised as an Exception (SM14.10.10)<br />
four - must be recognised in SM14.10 (d) or (e)<br />
five, or six<br />
seven to 10 20<br />
b. A partner's recognised qualification only qualifies for points under this provision if:<br />
i the partner is included in the application; and<br />
ii the partner meets the English language requirements for principal applicants (see<br />
SM5.5); and<br />
iii an immigration officer is satisfied that the principal applicant and their partner have<br />
been living together for 12 months or more in a partnership that is genuine and stable<br />
(see F2.10.1) and otherwise meets Partnership instructions (see F2.15).<br />
c. Despite (a), if a partner of a principal applicant holds a recognised <strong>New</strong> <strong>Zealand</strong><br />
qualification at levels three, four, five, and six on the NZQF, they will be eligible for 20<br />
points if:<br />
i the qualification would have met the requirements for the award of points under the<br />
Skilled Migrant Category that was in effect on 24 July 2011; and<br />
ii the qualification was completed before 25 July 2011 or they had commenced a course<br />
of study, resulting in the qualification for which they are claiming points, on 24 July<br />
2011.<br />
Effective 07/11/2011<br />
10
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SM18 AGE<br />
SM18.1 Aim and intent<br />
The aim of providing points for age is to recognise the ability of younger people to make a long<br />
term contribution to <strong>New</strong> <strong>Zealand</strong>.<br />
SM18.5 Points<br />
a. A principal applicant's age qualifies for points as follows:<br />
Age Points<br />
20-29 30<br />
30-39 25<br />
40-44 20<br />
45-49 10<br />
50-55 5<br />
Effective 29/11/2010<br />
b. Principal applicants aged 56 and over must be declined under the Skilled Migrant<br />
Category.<br />
SM18.10 Evidence<br />
Evidence of age may include but is not limited to original or certified copies of:<br />
Effective 29/11/2010<br />
• a birth certificate<br />
• a passport or other travel document<br />
• an identity card (from countries which require an identity card and where birth details<br />
must be confirmed before one is issued).<br />
Effective 29/11/2010
INZ Operational Manual <strong>Residence</strong><br />
SM19 REQUIREMENTS FOR OCCUPATIONAL REGISTRATION<br />
SM19.1 Aim and intent<br />
The aim of requiring occupational registration is to ensure that applicants seeking employment<br />
in <strong>New</strong> <strong>Zealand</strong> in occupations for which registration is required by law have the ability to<br />
undertake that employment.<br />
SM19.5 Occupations requiring registration<br />
Effective 29/11/2010<br />
In <strong>New</strong> <strong>Zealand</strong> registration is required by law in order to undertake employment as one of the<br />
following:<br />
Architect<br />
Barrister or solicitor<br />
Chiropractor<br />
Clinical dental technician<br />
Clinical dental therapist<br />
Dental hygienist<br />
Dental technician<br />
Dental therapist<br />
Dentist<br />
Dietitian<br />
Dispensing optician<br />
Electrician (see note below)<br />
Electrical service technician<br />
Enrolled nurse<br />
<strong>Immigration</strong> adviser<br />
Line mechanic<br />
Medical laboratory<br />
scientist/technologist<br />
Medical laboratory technician<br />
Medical practitioner<br />
Medical radiation technologist<br />
Nurses and midwives<br />
Occupational therapist<br />
Optometrist<br />
Osteopath<br />
Pharmacist<br />
Physiotherapist<br />
Plumber, gasfitter and drainlayer<br />
Podiatrist<br />
Psychologist<br />
Real estate agent<br />
Cadastral (Land Title) Surveyor<br />
Teacher<br />
Veterinarian
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Note: Electrician - where a current 'Employer License' is held, an electrician working for that<br />
employer does not require individual occupational registration.<br />
SM19.10 Effect of occupational registration on eligibility for points<br />
Effective 29/11/2010<br />
The requirement for occupational registration to undertake the occupations listed above in <strong>New</strong><br />
<strong>Zealand</strong> can affect eligibility for points for qualifications and offers of employment.<br />
SM19.15 Effect on points for qualifications<br />
Effective 29/11/2010<br />
a. This section applies to principal applicants whose recognised qualification is required for<br />
employment in one of the occupations listed in SM19.5.<br />
b. Such qualifications only qualify for points if the principal applicant:<br />
i holds evidence of full or provisional registration in that occupation in <strong>New</strong> <strong>Zealand</strong>, if<br />
full or provisional registration is required by <strong>New</strong> <strong>Zealand</strong> law to undertake that<br />
employment; or<br />
ii has an offer of skilled employment (see SM7) in that occupation and holds evidence<br />
from the <strong>New</strong> <strong>Zealand</strong> Medical or Dental Council that they are eligible for full or<br />
provisional registration subject only to attending a personal interview with a Council<br />
representative within one month of their arrival in <strong>New</strong> <strong>Zealand</strong>; or<br />
Note: For medical practitioners, registration within a 'special purpose scope of practice' is<br />
not full or provisional registration for the purpose of a residence class visa application or a<br />
work to residence application.<br />
iii has current skilled employment or an offer of skilled employment (see SM7) in an<br />
occupation that does not require registration; or<br />
iv has post-qualification work experience in an occupation for which registration is not<br />
required in <strong>New</strong> <strong>Zealand</strong>, and were employed in that occupation for the same or a<br />
greater period of time than in an occupation for which registration is required by law<br />
in <strong>New</strong> <strong>Zealand</strong>.<br />
Note: For teachers, 'provisional' registration includes both 'provisional' and 'subject to<br />
confirmation' registration.<br />
SM19.20 Effect on points for skilled employment<br />
Effective 29/11/2010<br />
If a principal applicant's qualifications are affected by registration requirements, the principal<br />
applicant's current skilled employment or offer of skilled employment in <strong>New</strong> <strong>Zealand</strong> will only<br />
qualify for points if the principal applicant:<br />
a. holds evidence of full or provisional registration in that occupation in <strong>New</strong> <strong>Zealand</strong>, if<br />
registration is required by <strong>New</strong> <strong>Zealand</strong> law to undertake that employment; or<br />
b. has an offer of skilled employment (see SM7) in that occupation and holds evidence from<br />
the <strong>New</strong> <strong>Zealand</strong> Medical or Dental Council that they are eligible for full or provisional<br />
registration subject only to attending a personal interview with a Council representative in<br />
<strong>New</strong> <strong>Zealand</strong>; or
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Note: For medical practitioners, registration within a 'special purpose scope of practice' is<br />
not full or provisional registration for the purpose of a residence class visa application or a<br />
work to residence application.<br />
c. has current skilled employment, or an offer of skilled employment (see SM7), in <strong>New</strong><br />
<strong>Zealand</strong> in an occupation that does not require registration.<br />
Effective 29/11/2010
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SM20 BONUS POINTS: CLOSE FAMILY IN NEW ZEALAND<br />
SM20.1 Aim and intent<br />
The aim of providing bonus points for close family in <strong>New</strong> <strong>Zealand</strong> is to recognise that the<br />
presence of close family enhances prospects for employability and settlement.<br />
SM20.5 Close family in <strong>New</strong> <strong>Zealand</strong><br />
Effective 29/11/2010<br />
a. A principal applicant qualifies for 10 points for a close family member in <strong>New</strong> <strong>Zealand</strong> if<br />
that close family member:<br />
i is the adult sibling or adult child, or parent, of a principal applicant, or of the principal<br />
applicant's partner included in the application; and<br />
ii is in <strong>New</strong> <strong>Zealand</strong>; and<br />
iii is a <strong>New</strong> <strong>Zealand</strong> or Australian citizen or the holder, or is considered to be the holder,<br />
of a residence class visa that is not subject to conditions under sections 49 or 50 of<br />
the <strong>Immigration</strong> Act 2009.<br />
b. In all cases, an immigration officer must be satisfied that <strong>New</strong> <strong>Zealand</strong> is the primary<br />
place of established residence of the close family member at the time the application<br />
under the Skilled Migrant Category is made.<br />
Note: A principal applicant will only qualify for points for a close family member of their<br />
partner included in their application, if an immigration officer is satisfied that the principal<br />
applicant and their partner have been living together for 12 months or more in a<br />
partnership that is genuine and stable (see F2.10.1) and otherwise meets Partnership<br />
instructions (see F2.15).<br />
SM20.10 Definition of 'adult sibling' and 'adult child'<br />
Effective 29/11/2010<br />
a. For the purposes of these instructions, 'adult sibling' and 'adult child' mean a sibling or<br />
child aged 18 years or older.<br />
b. Siblings and children aged 18 to 24 must only be considered 'adult siblings' or 'adult<br />
children' if they can satisfy an immigration officer that they are not dependent. (See<br />
F5.1(a))<br />
SM20.15 Evidence of relationship to close family member<br />
Effective 29/11/2010<br />
To obtain points for having a close family member in <strong>New</strong> <strong>Zealand</strong>, a principal applicant must<br />
provide:<br />
a. birth certificates, which establish the relationship of the close family member in <strong>New</strong><br />
<strong>Zealand</strong> to the principal applicant or their partner included in the application; or
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b. evidence of adoption (see R3) which establishes the relationship of the close family<br />
member in <strong>New</strong> <strong>Zealand</strong> to the principal applicant or their partner included in the<br />
application.<br />
Effective 29/11/2010<br />
SM20.20 Evidence that <strong>New</strong> <strong>Zealand</strong> is the primary place of established<br />
residence<br />
Where required by an immigration officer, applicants must provide evidence that <strong>New</strong> <strong>Zealand</strong><br />
is the close family member's primary place of established residence. Evidence may include but<br />
is not limited to an original or certified copy of one of the following:<br />
• correspondence addressed to the close family member<br />
• employment records<br />
• records of benefit payments from the Ministry of Social Development<br />
• banking records<br />
• rates demands<br />
• Inland Revenue Department records<br />
• mortgage documents<br />
• tenancy and utility supply agreements<br />
• documents showing that the close family member's household effects have been moved to<br />
<strong>New</strong> <strong>Zealand</strong>.<br />
Effective 29/11/2010
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SM21 SETTLEMENT AND CONTRIBUTION REQUIREMENTS<br />
SM21.1 Aim and intent<br />
a. To be granted residence under the Skilled Migrant Category, applicants must demonstrate<br />
that they have the ability to successfully settle in and contribute to <strong>New</strong> <strong>Zealand</strong>.<br />
b. The aim of assessing ability to settle and contribute is to ensure that the Skilled Migrant<br />
Category maximises the contribution that migrants make to <strong>New</strong> <strong>Zealand</strong>.<br />
SM21.5 Assessment of ability to settle and contribute<br />
See previous instructions SM21.5 Effective 29/11/2010<br />
a. Principal applicants who:<br />
Effective 29/11/2010<br />
i qualify for 50 points for an offer of skilled employment or current skilled employment<br />
in <strong>New</strong> <strong>Zealand</strong> for less than 12 months; or<br />
ii qualify for 60 points for current skilled employment in <strong>New</strong> <strong>Zealand</strong> for twelve months<br />
or more; or<br />
iii have undertaken full time study for at least two years in <strong>New</strong> <strong>Zealand</strong> that has<br />
resulted in the award of a Doctorate or Masters degree<br />
have demonstrated the ability to successfully settle in and contribute to <strong>New</strong> <strong>Zealand</strong>.<br />
b. Principal applicants who do not have points for any of these factors will be further<br />
assessed to determine whether they can otherwise demonstrate an ability to successfully<br />
settle and contribute or can realise their potential to successfully settle in and contribute<br />
to <strong>New</strong> <strong>Zealand</strong>.<br />
Effective 25/07/2011<br />
SM21.10 Assessment of whether a principal applicant can realise their<br />
potential to successfully settle and contribute<br />
See previous instructions:<br />
SM21.10 Effective 25/07/2011<br />
SM21.10 Effective 04/04/2011<br />
SM21.10 Effective 29/11/2010<br />
a. Assessment of whether a principal applicant can otherwise demonstrate an ability or can<br />
realise their potential to settle in and contribute to <strong>New</strong> <strong>Zealand</strong> will be based on:<br />
i information obtained during a structured interview with the principal applicant and if<br />
required, other family members included in the application; and<br />
ii all other information contained in the application for a resident visa; and<br />
iii any further verification of the application (including information provided at interview).<br />
b. That assessment will include consideration of the following factors:<br />
i skilled employment prospects;<br />
ii familiarity with <strong>New</strong> <strong>Zealand</strong> and preparedness for settlement of the principal applicant<br />
and, where relevant, the partner and dependent children included in the application;<br />
and<br />
iii linkages and support in <strong>New</strong> <strong>Zealand</strong>, through networks and family
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c. Skilled employment prospects are the primary consideration for the <strong>Immigration</strong> Officer<br />
when determining whether to grant residence, a SMC job search visa, or decline the<br />
application as set out in (d), (g), and (h) below.<br />
Note: Principal applicants who do not intend to take up full-time employment may not be<br />
considered to have good employment prospects (e.g. those who intend to undertake fulltime<br />
study).<br />
If the principal applicant is in <strong>New</strong> <strong>Zealand</strong> and holds, or in the last 24 months, has held a<br />
work visa granted under the WD Study to work instructions then they are not eligible for a<br />
work visa under the SMC Job Search Instructions (WR5 (b)).<br />
d. If an immigration officer assesses that a principal applicant has not demonstrated the<br />
ability to successfully settle and contribute but can realise their potential to successfully<br />
settle in and contribute to <strong>New</strong> <strong>Zealand</strong> the principal applicant will be eligible for the grant<br />
of a SMC job search work visa (subject to the requirements of WR5 being met) to enable<br />
them to realise their potential by obtaining an offer of skilled employment (see SM7) in<br />
<strong>New</strong> <strong>Zealand</strong>.<br />
e. Principal applicants who are in <strong>New</strong> <strong>Zealand</strong> and are granted SMC job search work visas<br />
under these instructions will have the decision on their SMC application deferred for a<br />
period of nine months.<br />
f. Principal applicants who are not in <strong>New</strong> <strong>Zealand</strong> and are granted SMC job search work<br />
visas under these instructions will have the decision on their SMC application deferred for<br />
a period of 12 months to enable travel to <strong>New</strong> <strong>Zealand</strong> and a stay in <strong>New</strong> <strong>Zealand</strong> of nine<br />
months (refer to WR5.5).<br />
g. Where, following the further assessment, a principal applicant, despite not meeting the<br />
requirements of SM21.5(a), is assessed as having a high potential to readily obtain skilled<br />
employment in <strong>New</strong> <strong>Zealand</strong>, they will be assessed as having demonstrated the ability to<br />
successfully settle in and contribute to <strong>New</strong> <strong>Zealand</strong>. Where this occurs, subject to<br />
meeting other relevant requirements, the principal applicant and their family members<br />
included in the application, may be granted resident visas.<br />
h. If an immigration officer determines, as a result of the further assessment, that a principal<br />
applicant does not have a high potential to readily obtain skilled employment in <strong>New</strong><br />
<strong>Zealand</strong> they will be assessed as not having demonstrated that they can realise their<br />
potential to settle in and contribute to <strong>New</strong> <strong>Zealand</strong>. Where this occurs, their application<br />
for a resident visa in <strong>New</strong> <strong>Zealand</strong> under the Skilled Migrant Category will be declined.<br />
i. If (d) above applies, but a SMC job search work visa is not granted, the application for a<br />
resident visa will be declined.<br />
SM21.15 Grant of a resident visa following deferral<br />
Effective 26/03/2012<br />
a. Where an immigration officer is satisfied that a principal applicant has obtained an offer of<br />
skilled employment in <strong>New</strong> <strong>Zealand</strong>, during the deferral period, the principal applicant will<br />
be assessed as having demonstrated an ability to settle in and contribute to <strong>New</strong> <strong>Zealand</strong><br />
and will have their application for a resident visa under the Skilled Migrant Category<br />
approved; and<br />
i a resident visa subject to the conditions set out at SM4.30, will be granted if the<br />
principal applicant has been working in that skilled employment for less than three<br />
months; or
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ii a resident visa not subject to conditions will be granted if the principal applicant has<br />
been working in their skilled employment for three months or more.<br />
b. If, on the expiry of the deferral period (see SM21.10(c)), a principal applicant has not<br />
provided evidence that satisfies an immigration officer that they have obtained an offer of<br />
skilled employment in <strong>New</strong> <strong>Zealand</strong>, the principal applicant will be assessed as not having<br />
demonstrated that they can realise their potential to successfully settle in and contribute<br />
to <strong>New</strong> <strong>Zealand</strong> and the application for a resident visa under the Skilled Migrant Category<br />
will be declined.<br />
Note:<br />
~ Applicants who made an application under the Skilled Migrant Category before 21 December<br />
2005 are subject to SM20.15 in effect on the date their application was made.<br />
~ Applicants who made an application under the Skilled Migrant Category on or after 21<br />
December 2005 and before 10 April 2007 are subject to SM20.15 in effect on the date their<br />
application was made.<br />
Effective 29/11/2010
AFTER THE GRANT OF A RESIDENT VISA<br />
IN THIS SECTION<br />
RV1 Generic provisions for applications made after the grant of<br />
a resident visa ............................................................ 44-1<br />
RV2 Resident visa holders applying for a permanent resident<br />
visa .......................................................................... 45-1<br />
RV3 Variation of travel conditions on resident visas ..................... 46-1<br />
RV4 Grant of a second or subsequent resident visa ..................... 47-1
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RV1 GENERIC PROVISIONS FOR APPLICATIONS MADE AFTER THE<br />
GRANT OF A RESIDENT VISA<br />
RV1.1 Objectives<br />
The objectives of this chapter are:<br />
a. to protect the interests of <strong>New</strong> <strong>Zealand</strong> citizens and other people living permanently in<br />
<strong>New</strong> <strong>Zealand</strong>; and<br />
b. to encourage those granted a resident visa to show a commitment to <strong>New</strong> <strong>Zealand</strong>; and<br />
c. to assist the government in border control.<br />
RV1.5 Overview<br />
See previous instructions RV1.5 Effective 29/11/2010<br />
See also <strong>Immigration</strong> Act 2009 ss 63(2), 73<br />
Effective 29/11/2010<br />
a. A residence class visa holder in <strong>New</strong> <strong>Zealand</strong> is entitled to stay in <strong>New</strong> <strong>Zealand</strong> indefinitely<br />
(RA1.1), however a resident visa holder who leaves <strong>New</strong> <strong>Zealand</strong> may only travel to and<br />
be granted entry permission as a resident if the conditions of his or her visa allow (these<br />
are referred to as travel conditions).<br />
b. A resident visa expires if:<br />
i the holder leaves <strong>New</strong> <strong>Zealand</strong> and the visa has no valid travel conditions; or<br />
ii the travel conditions expire while the visa holder is outside <strong>New</strong> <strong>Zealand</strong>.<br />
c. This chapter sets out:<br />
i the manner in which a resident visa holder may apply for a permanent resident visa<br />
(RV2);<br />
ii the manner in which resident visa holders may apply to vary the travel conditions<br />
endorsed on their resident visas (RV3);<br />
iii the manner in which a second or subsequent resident visa can be applied for by a<br />
former resident visa holder whose resident visa has expired as set out in (b) above<br />
(RV4).<br />
d. A resident visa holder or former resident visa holder must have been in <strong>New</strong> <strong>Zealand</strong> as a<br />
resident (R5.66.5(b)) to be granted a residence class visa or a variation of travel<br />
conditions under these instructions.<br />
RV1.5.1 Visas and permits issued or granted under the <strong>Immigration</strong> Act 1987<br />
See also <strong>Immigration</strong> Act 2009 s 415, Schedule 5<br />
a. Where the instructions in this chapter refer to holders of a resident visa, this also includes<br />
holders of residence visas and residence permits issued or granted under the <strong>Immigration</strong><br />
Act 1987.<br />
b. Where the instructions in this chapter refer to an applicant’s time spent in <strong>New</strong> <strong>Zealand</strong> as<br />
a resident, this is also considered to include time spent in <strong>New</strong> <strong>Zealand</strong> as a holder of a<br />
residence permit or exempt from the need to hold a residence permit under the<br />
<strong>Immigration</strong> Act 1987.
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c. Where the instructions in this chapter refer to conditions imposed under section 49(1) or<br />
50 of the <strong>Immigration</strong> Act 2009, this is considered to include requirements imposed under<br />
section 18A of the <strong>Immigration</strong> Act 1987.<br />
RV1.10 Lodging an application<br />
RV1.10.1 Where to lodge an application<br />
Effective 07/11/2011<br />
Applications under this chapter may be lodged at any branch of INZ and certain MFAT posts<br />
specified in the list of current receiving offices (see Appendix 2).<br />
RV1.10.5 How an application must be lodged<br />
See also <strong>Immigration</strong> (Visa, Entry Permission, and Related Matters) Regulations 2010, reg 5<br />
a. Applications must be lodged in the prescribed manner.<br />
b. The prescribed manner is the manner that meets the mandatory requirements set out in<br />
the <strong>Immigration</strong> (Visa, Entry Permission, and Related Matters) Regulations 2010.<br />
c. Applications that are not lodged in the prescribed manner will not be considered to be<br />
made.<br />
d. While under no obligation to do so, INZ may, at its discretion, hold applications that are<br />
not lodged in the prescribed manner for a period of time until any outstanding<br />
requirements are met (see R2.50).<br />
RV1.10.10 Mandatory requirements for lodging an application for a variation of travel<br />
conditions, permanent resident visa or second or subsequent resident visa<br />
See also <strong>Immigration</strong> (Visa, Entry Permission, and Related Matters) Regulations 2010, reg 6<br />
An application for a variation of travel conditions, a permanent residence visa or a second or<br />
subsequent resident visa made outside of an immigration control area must be:<br />
a. made an approved form; and<br />
b. completed in English; and<br />
c. signed by the applicant (unless the applicant is less than 18 years old, in which case it<br />
must be signed by a parent or guardian of the applicant); and<br />
d. given to an immigration officer, together with:<br />
i evidence of the applicant’s current or previous resident visa or visas; and<br />
ii the applicant's passport or certificate of identity, or if that is unavailable, his or her<br />
original full birth certificate (or certified copy) or other identity document (or certified<br />
copy); and<br />
iii two passport sized photos of the applicant’s head and shoulders; and<br />
iv the information and evidence required by the relevant immigration instructions to<br />
demonstrate that the applicant fits the category or categories of under which the<br />
application is being made; and<br />
v any other information, evidence, or submissions that the applicant considers shows<br />
that he or she is eligible to be granted a new residence class visa or variation of travel<br />
conditions in terms of the immigration instructions; and
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vi the appropriate fee (if any).<br />
e. Before determining the application, an immigration officer may require the applicant to<br />
produce any photographs, documents and information that the officer thinks necessary or<br />
require the applicant to be interviewed by an immigration officer, to help in determining<br />
whether the applicant meets the requirements to be granted a variation of travel<br />
conditions or a new residence class visa.<br />
Note: The passports of all persons included in the application must be submitted with the<br />
application.<br />
RV1.15 Evidence<br />
See previous instructions RV1.15 Effective 29/11/2010<br />
Effective 28/11/2010<br />
RV1.15.1 Evidence that the applicant is deemed to hold, or to have held, a resident<br />
visa<br />
Evidence that the applicant is deemed to hold or have held a resident visa is:<br />
a. a resident visa in a current or expired passport or certificate identity; or<br />
b. a residence permit granted under the <strong>Immigration</strong> Act 1987 in a current or expired<br />
passport or certificate of identity; or<br />
c. INZ records of a resident visa or residence permit; or<br />
d. in the case of a person who arrived in <strong>New</strong> <strong>Zealand</strong> lawfully to take a permanent residence<br />
at any time before 2 April 1974, other than under a permit granted under the <strong>Immigration</strong><br />
Act 1964 or any corresponding earlier Act, a stamp or a label in a passport or certificate of<br />
identity showing a date of arrival in <strong>New</strong> <strong>Zealand</strong> prior to 2 April 1974, and documents<br />
showing continued residence since 2 April 1974, which may include but are not limited to:<br />
• rates demands<br />
• driver's licences<br />
• receipted power bills<br />
• income tax returns<br />
• school records<br />
• employment references<br />
• any other evidence requested by INZ.<br />
RV1.15.5 Evidence of periods spent in <strong>New</strong> <strong>Zealand</strong> as a resident<br />
Evidence of the periods spent in <strong>New</strong> <strong>Zealand</strong> as a resident is:<br />
a. a stamp or label in current or previous passports; and/or<br />
b. INZ records of periods the applicant has been in <strong>New</strong> <strong>Zealand</strong> while holding a residence<br />
permit or a resident visa.<br />
Note: Periods during which a person has been in <strong>New</strong> <strong>Zealand</strong> as a resident are calculated<br />
inclusive of both arrival and departure dates.
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RV1.15.10 Evidence of tax resident status<br />
a. Under these instructions, 'tax resident status' means tax residence status in <strong>New</strong> <strong>Zealand</strong>,<br />
as confirmed by <strong>New</strong> <strong>Zealand</strong> Inland Revenue (IR).<br />
b. Applicants under these instructions cannot be <strong>New</strong> <strong>Zealand</strong> tax residents if the application<br />
of a double tax agreement means they are tax residents of another country.<br />
c. Evidence of tax residence status includes:<br />
i a statement from the IR for the period in which the applicant has been assessed as<br />
having tax residence status; or<br />
ii Confirmation of Tax Resident Status form completed and endorsed by IR.<br />
d. If the applicant is considered to have tax residence status under a double tax agreement,<br />
the applicant must provide supporting evidence from IR. A list of countries which have<br />
double tax agreements with <strong>New</strong> <strong>Zealand</strong> can be found at www.ird.govt.nz.<br />
RV1.20 Determining the eligibility of non-principal applicants<br />
See previous instructions:<br />
RV1.20 Effective 07/11/2011<br />
RV1.20 Effective 29/11/2010<br />
RV1.20 Effective 15/12/2010<br />
a. For the purpose of making an application under this chapter,<br />
Effective 26/11/2012<br />
i 'principal applicant' means the principal applicant of the original resident visa<br />
application; and<br />
ii 'non-principal applicants' means the non-principal applicants included in the original<br />
resident visa application.<br />
b. The only requirement for the grant of a permanent resident visa to a non-principal<br />
applicant is that the principal applicant must hold a permanent resident visa, unless:<br />
i the non-principal applicant is excluded by the provisions of RV2.1; or<br />
ii the provisions requiring a secondary applicant to be assessed independently of the<br />
principal applicant apply (RV1.20.1 to RV1.20.20); or<br />
iii the non-principal applicant has never been in <strong>New</strong> <strong>Zealand</strong> as a resident (as required<br />
by RV1.5(d)).<br />
c. A non-principal applicant must be granted a variation of travel conditions to allow travel<br />
until the same date as the principal applicant’s resident visa unless:<br />
i the non-principal applicant is excluded by the provisions of RV3.1(d); or<br />
ii the provisions requiring a secondary applicant to be assessed independently of the<br />
principal applicant apply (RV1.20.1 to RV1.20.20); or<br />
iii the non-principal applicant has never been in <strong>New</strong> <strong>Zealand</strong> as a resident (as required<br />
by RV1.5(d)).<br />
d. A non-principal applicant will be granted a second or subsequent resident visa based on<br />
the eligibility of the principal applicant for a variation of travel conditions, second or<br />
subsequent resident visa or permanent resident visa, unless<br />
i the non-principal applicant is excluded by the provisions of RV4.1; or<br />
ii specific instructions in RV1.20.1 to RV1.20.20 apply; or
INZ Operational Manual <strong>Residence</strong><br />
iii the non-principal applicant has never been in <strong>New</strong> <strong>Zealand</strong> as a resident (as required<br />
by RV1.5(d)).<br />
e. If a non-principal applicant makes an application for further travel conditions or a<br />
permanent resident visa and the principal applicant:<br />
i does not lodge an application; or<br />
ii is declined a variation of travel conditions or a permanent resident visa; or<br />
iii does not hold a permanent resident visa or a resident visa with valid travel conditions,<br />
iv then, unless the instructions in RV1.20.1 to RV1.20.20 apply, the application will only<br />
be considered under the provisions of RV3.1.1 or RV3.10.<br />
RV1.20.1 Non-principal applicants who are partners<br />
a. The partner of the principal applicant is eligible to be considered in their own right for<br />
variation of travel conditions or a new residence class visa if the following events occur:<br />
i the partner and the principal applicant become divorced or separated; or<br />
ii the partner is granted a non-molestation or protection order against the principal<br />
applicant; or<br />
iii the principal applicant is convicted of an offence against the partner or a dependent<br />
child;<br />
iv the principal applicant dies; or<br />
v the principal applicant has obtained <strong>New</strong> <strong>Zealand</strong> citizenship.<br />
b. Evidence of the circumstances in which the partner of a principal applicant may apply for<br />
an a variation of travel conditions or a new residence class visa in their own right may<br />
include but is not limited to original or certified copies of the following:<br />
• the final decree of divorce or a dissolution order from the principal applicant; or<br />
• a non-molestation or protection order against the principal applicant; or<br />
• evidence that the principal applicant has been convicted of an offence against the<br />
person of the partner or of a dependent child; or<br />
• evidence of separation; or<br />
• the death certificate of the principal applicant.<br />
RV1.20.5 Non-principal applicants who were dependent children in the original<br />
residence application<br />
a. The eligibility of a dependent child included in the original residence application for a<br />
permanent resident visa, a variation of travel conditions or a second or subsequent visa<br />
will be assessed in the same way regardless of whether that child is still dependent at the<br />
time of application.<br />
b. In the case of the dissolution of a partnership as described in RV1.20.1(b) above, a child’s<br />
eligibility will be assessed on the basis of:<br />
i whichever parent has legal right of custody if they are under 16 (see R2.1.45); or<br />
ii whichever parent they are living with if they are 16 or over; or<br />
iii the principal applicant, if they are 16 or over and are not living with either parent.<br />
c. If the principal applicant dies or obtains <strong>New</strong> <strong>Zealand</strong> citizenship, children must be<br />
assessed on the basis of the eligibility of the non-principal applicant partner included in the<br />
original residence application.
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d. The child can be assessed in their own right if the provisions of (b) or (c) above require<br />
that a child be assessed on the basis of the non-principal applicant partner included in the<br />
application, and this is not possible because:<br />
i a non-principal applicant partner was not included in the application; or<br />
ii the non-principal applicant partner has died; or<br />
iii the non-principal applicant partner has obtained <strong>New</strong> <strong>Zealand</strong> citizenship.<br />
e. Children who wish to have their application under these instructions assessed based on the<br />
eligibility of a person other than the principal applicant must provide evidence that their<br />
circumstances meet the criteria set out in (b) to (d) above (for example, evidence of<br />
custody).<br />
RV1.20.20 Transitional provisions<br />
Non-principal applicants who are considered to hold resident visas because they:<br />
a. were granted residence permits before 30 October 1995 or in reliance on residence visas<br />
issued before 30 October 1995; or<br />
b. arrived in <strong>New</strong> <strong>Zealand</strong> lawfully to live permanently in <strong>New</strong> <strong>Zealand</strong> at any time before 2<br />
April 1974 and were considered to hold a residence permit under the <strong>Immigration</strong> Act<br />
1987;<br />
may be granted a permanent resident visa or variation of travel conditions if they meet the<br />
criteria set out in the instructions in this chapter regardless of the status of the principal<br />
applicant.<br />
Effective 26/11/2012
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RV2 RESIDENT VISA HOLDERS APPLYING FOR A PERMANENT<br />
RESIDENT VISA<br />
RV2.1 Who is not eligible for a permanent resident visa?<br />
See previous instructions RV2.1 Effective 29/11/2010<br />
See also <strong>Immigration</strong> Act 2009 ss 15, 16, 17<br />
a. People who are not eligible for a visa under sections 15 and 16 of the <strong>Immigration</strong> Act<br />
2009 are not eligible for a permanent resident visa unless a special direction has been<br />
given, but may apply for a variation of their travel conditions under the provisions of RV3<br />
Variation of travel conditions on a resident visa.<br />
b. People who would otherwise be prohibited for entry or for grant of a visa to <strong>New</strong> <strong>Zealand</strong><br />
because they are subject to restrictions or a ban (see RA9 and R5.100) if it were not for<br />
their <strong>New</strong> <strong>Zealand</strong> resident status are not eligible for a permanent resident visa and may<br />
only be granted a 14-day variation to their travel conditions under RV3.10.<br />
c. People who are liable for deportation may not apply for a permanent resident visa,<br />
however they may be granted one by special direction.<br />
RV2.5 How do resident visa holders or former holders qualify for a<br />
permanent resident visa?<br />
Upon application principal applicants will be granted a permanent resident visa if:<br />
a. they either:<br />
Effective 30/07/2012<br />
i hold a resident visa, and have held that resident visa continuously for at least 24<br />
months at the time of application; or<br />
ii have held a resident visa in the three months before the application is made, and had<br />
held that resident visa continuously for at least 24 months before it expired; and<br />
b. their first day in <strong>New</strong> <strong>Zealand</strong> as a resident (R5.66.1(b)) was at least 24 months before<br />
the application is made; and<br />
c. they can demonstrate a commitment to <strong>New</strong> <strong>Zealand</strong> by meeting the requirements set out<br />
in any one of the five subsections below (RV2.5.1 to RV2.5.20); and<br />
d. they have met any conditions imposed under section 49(1),of the <strong>Immigration</strong> Act 2009;<br />
unless RV2.10 (Permanent resident visas for holders of resident visas with section 49(1)<br />
investment conditions) applies.<br />
RV2.5.1 Significant period of time spent in <strong>New</strong> <strong>Zealand</strong><br />
A principal applicant has demonstrated a commitment to <strong>New</strong> <strong>Zealand</strong> if they have been in<br />
<strong>New</strong> <strong>Zealand</strong> as a resident for a total of 184 days or more in each of the two 12-month<br />
portions of the 24 months immediately preceding the date the date their application for a<br />
permanent resident visa was made (ie, in each of the two 12-month portions, a period or<br />
periods that amount to 184 days or more).<br />
RV2.5.5 Tax residence status in <strong>New</strong> <strong>Zealand</strong><br />
A principal applicant has demonstrated a commitment to <strong>New</strong> <strong>Zealand</strong> if:
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a. they have been in <strong>New</strong> <strong>Zealand</strong> as a resident for a total of 41 days or more in each of the<br />
two 12-month portions of the 24 months immediately preceding the date the application<br />
for a permanent resident visa was made (ie, in each of the two 12-month portions, a<br />
period or periods that amount to 41 days or more); and<br />
b. they are assessed as having tax residence status (RV1.15.10) for the 24 months preceding<br />
their application.<br />
RV2.5.10 Investment in <strong>New</strong> <strong>Zealand</strong><br />
a. A principal applicant has demonstrated a commitment to <strong>New</strong> <strong>Zealand</strong> if:<br />
i he or she was approved a resident visa under the Business Investor Category, and has<br />
met any conditions imposed (see BI to 26/11/2007) under section 49(1) of the<br />
<strong>Immigration</strong> Act 2009 (except travel conditions); or<br />
ii he or she has been approved a resident visa other than under the Business Investor<br />
Category, and has maintained an investment in <strong>New</strong> <strong>Zealand</strong> of N.Z.$1,000,000 or<br />
more that complies with the rules for investment funds set out in RV2.5.10(b) below<br />
for a period of 24 months or more after the date the resident visa was granted.<br />
b. Principal applicants applying for a permanent resident visa under RV2.5.10 (a)(ii) must<br />
meet the following rules for investment funds:<br />
i investment funds must originally have been transferred to <strong>New</strong> <strong>Zealand</strong> through the<br />
trading bank system, or have been earned or acquired lawfully in <strong>New</strong> <strong>Zealand</strong>; and<br />
ii investment funds must be invested in <strong>New</strong> <strong>Zealand</strong> in <strong>New</strong> <strong>Zealand</strong> currency; and<br />
under normal circumstances, be capable of providing a commercial return; and<br />
iii apart from the interest earned from the investment, investment funds must not be<br />
used for their own personal use, for instance investment in assets such as a personal<br />
residence, car, boat or similar; and<br />
iv investment funds must not be used as collateral for any loan during the 2 year<br />
investment period, unless the money loaned remains within <strong>New</strong> <strong>Zealand</strong> and in <strong>New</strong><br />
<strong>Zealand</strong> dollars only; and<br />
v if the investment funds are moved from one investment to another during the two<br />
year period each investment must also meet the rules for investment funds.<br />
Note: Investments in <strong>New</strong> <strong>Zealand</strong> with international exposure are acceptable only for the<br />
proportion of the investment that is retained in <strong>New</strong> <strong>Zealand</strong>.<br />
Example: An investment in a unit trust with sole international exposure would completely fail<br />
to meet the above requirement that an investment be "invested in <strong>New</strong> <strong>Zealand</strong>".<br />
RV2.5.15 Establishment of a business in <strong>New</strong> <strong>Zealand</strong><br />
a. A principal applicant has demonstrated a commitment to <strong>New</strong> <strong>Zealand</strong> if they have been<br />
approved a resident visa under any category, and have successfully established a business<br />
in <strong>New</strong> <strong>Zealand</strong> that has been trading successfully and benefiting <strong>New</strong> <strong>Zealand</strong> in some<br />
way for at least 12 months immediately preceding the date the application for a<br />
permanent resident visa was made.<br />
b. Principal applicants applying for a permanent resident visa under these instructions will be<br />
considered to have successfully established a business in <strong>New</strong> <strong>Zealand</strong> if:<br />
i they have established or purchased, a business operating in <strong>New</strong> <strong>Zealand</strong>; or
INZ Operational Manual <strong>Residence</strong><br />
ii they have invested in a business in <strong>New</strong> <strong>Zealand</strong> by purchasing 25% or more of the<br />
shareholding of an established business.<br />
c. For the purposes of these instructions evidence that a business is trading successfully and<br />
benefiting <strong>New</strong> <strong>Zealand</strong> in some way is production of a set of the latest accounts relating<br />
to that business certified by a <strong>New</strong> <strong>Zealand</strong> chartered accountant and which confirm that<br />
in their view the business is a going concern.<br />
RV2.5.20 Base established in <strong>New</strong> <strong>Zealand</strong><br />
a. A principal applicant has demonstrated a commitment to <strong>New</strong> <strong>Zealand</strong> if they have<br />
established a base in <strong>New</strong> <strong>Zealand</strong>. A principal applicant is considered to have established<br />
a base in <strong>New</strong> <strong>Zealand</strong> if:<br />
i each and every member of their immediate family who was included in their<br />
application for a resident visa has resided in <strong>New</strong> <strong>Zealand</strong> for at least 184 days in the<br />
two year period immediately preceding the date the application for the permanent<br />
resident visa was made; and<br />
ii they have been in <strong>New</strong> <strong>Zealand</strong> as a resident for a total of at least 41 days in the 12<br />
months immediately preceding the date the application for the permanent resident<br />
visa was made; and either<br />
they own and maintain a family home in <strong>New</strong> <strong>Zealand</strong>; or<br />
they have been engaged in full time continuous genuine employment in <strong>New</strong><br />
<strong>Zealand</strong> immediately preceding the date the application for the permanent resident<br />
visa was made.<br />
b. For the purpose of these instructions applicants are considered to own and maintain a<br />
family home in <strong>New</strong> <strong>Zealand</strong> if:<br />
i they have purchased a residential property in <strong>New</strong> <strong>Zealand</strong> within 12 months of their<br />
first day in <strong>New</strong> <strong>Zealand</strong> as a resident and still own that property either solely or<br />
jointly with members of their immediate family who were included in the application<br />
for a resident visa; and<br />
ii they and/or members of their immediate family who were included in the application<br />
for a resident visa occupy that property.<br />
c. Evidence of owning and maintaining a home in <strong>New</strong> <strong>Zealand</strong> includes but is not limited to<br />
items in the name of the applicant and/or members of their immediate family who were<br />
included in the application for a resident visa such as:<br />
• mortgage documents or title deeds to the residential property<br />
• rates demands<br />
• home and contents insurance cover<br />
• invoices for telephone, electricity, gas, or water<br />
• documents showing that household effects have been moved to <strong>New</strong> <strong>Zealand</strong>
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d. For the purpose of these instructions, applicants are considered to have been engaged in<br />
full time continuous employment in <strong>New</strong> <strong>Zealand</strong> if they can produce evidence of genuine<br />
full time paid employment in <strong>New</strong> <strong>Zealand</strong> for a period or periods amounting to at least 9<br />
months in the 24 months immediately preceding the date the application for the<br />
permanent resident visa was made. Employment involving payment by commission and/or<br />
retainer is not acceptable. Self-employment is acceptable if they can produce evidence of<br />
genuine lawful active involvement in the management and operating of a business in <strong>New</strong><br />
<strong>Zealand</strong> which the principal applicant has established, purchased, or has a shareholding in.<br />
RV2.10 Permanent resident visas for holders of resident visas with<br />
investment conditions imposed under section 49(1)<br />
a. Principal applicants who have been granted a resident visa under<br />
i the Active Investor Migrant policy; or<br />
ii the Migrant Investment Categories; or<br />
iii the Parent Retirement Category;<br />
Effective 29/11/2010<br />
will be granted a permanent resident visa if the requirements of RV2.10 (b) below have<br />
been met.<br />
b. At they time of application, principal applicants must:<br />
i hold or are deemed to hold a resident visa; and<br />
ii have held, or have been deemed to hold, a resident visa for at least 24 months; and<br />
iii have met conditions previously imposed under section 49(1) of the <strong>Immigration</strong> Act<br />
2009.<br />
Effective 29/11/2010<br />
RV2.15 Permanent resident visas for residents who have renounced <strong>New</strong><br />
<strong>Zealand</strong> citizenship<br />
A person who holds a resident visa as a result of renouncing their <strong>New</strong> <strong>Zealand</strong> citizenship<br />
(RA4.10) may apply for and be granted a permanent resident visa without meeting the criteria<br />
set out in RV2.5.<br />
RV2.20 Declining applications for permanent resident visas<br />
Effective 29/11/2010<br />
If a permanent resident visa application is declined, the applicant may be assessed under the<br />
instructions for a variation of travel conditions (RV3) or a second or subsequent resident visa<br />
(RV4). If the applicant is eligible for a variation of travel conditions or a second or subsequent<br />
resident visa, an immigration officer may grant the appropriate variation of travel conditions or<br />
second or subsequent resident visa in place of a permanent resident visa with the applicant’s<br />
permission.<br />
Effective 29/11/2010
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RV3 VARIATION OF TRAVEL CONDITIONS ON RESIDENT VISAS<br />
RV3.1 Applications for variations of travel conditions<br />
See previous instructions: RV3.1 Effective 29/11/2010<br />
a. The duration of travel conditions on a resident visa can be varied allowing for multiple<br />
journey travel to <strong>New</strong> <strong>Zealand</strong> within the following specified time periods:<br />
i 12 months; or<br />
ii 14 days; or<br />
iii 24 months.<br />
b. Travel conditions can only be varied if the resident visa is valid. A resident visa is valid<br />
when:<br />
i the holder is in <strong>New</strong> <strong>Zealand</strong>; or<br />
ii the holder is outside <strong>New</strong> <strong>Zealand</strong> and the current travel conditions have not expired.<br />
c. Holders of resident visas who are in <strong>New</strong> <strong>Zealand</strong> must be granted a variation of travel<br />
conditions for a duration of at least 14 days.<br />
d. People who would otherwise be prohibited from entry or for the grant of a visa to <strong>New</strong><br />
<strong>Zealand</strong> because they are subject to restrictions or a ban (see RA9 and R5.100) if it were<br />
not for their <strong>New</strong> <strong>Zealand</strong> resident status, may only be granted a variation of travel<br />
conditions under RV3.10 (14-day variation of travel conditions).<br />
RV3.1.1 Declining an application for a variation of travel conditions<br />
a. An application for a variation of travel conditions by a resident visa holder in <strong>New</strong> <strong>Zealand</strong><br />
cannot be declined.<br />
b. An application for a variation of travel conditions made outside <strong>New</strong> <strong>Zealand</strong> must be<br />
declined, where the applicant:<br />
i does not meet any requirements of RV3.5 to RV3.20 or<br />
ii would be otherwise prohibited from entry or for grant of a visa to <strong>New</strong> <strong>Zealand</strong><br />
because they are subject to restrictions or a ban (see RA9 and R5.100).<br />
c. Applications for variations of travel conditions made outside <strong>New</strong> <strong>Zealand</strong> by applicants<br />
who have failed to meet any conditions imposed under section 49(1) of the <strong>Immigration</strong><br />
Act 2009, must be declined whether or not they are otherwise eligible for a variation of<br />
travel conditions.<br />
RV3.1.5 Requests for reconsideration<br />
a. An applicant may seek to have the decision to decline an application for a variation of<br />
travel conditions reconsidered, if it was declined because:<br />
i the immigration officer was not satisfied with the evidence produced; or<br />
ii the application did not meet the requirements set out in instructions.<br />
b. Another officer with a grading the same as or higher than the officer who made the<br />
original decision will review the decision.
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c. The review process involves checking that the immigration instructions and procedures<br />
were correctly applied when the application was processed.<br />
RV3.5 12-month variation of travel conditions<br />
Principal applicants may be granted with travel conditions current for 12 months if:<br />
a. they meet the requirements set out in either RV3.5.1 or RV3.5.5 below; and<br />
Effective 26/03/2012<br />
b. their first day in <strong>New</strong> <strong>Zealand</strong> as a resident (see R5.66.5(b)) was at least 12 months<br />
before the current application for a variation of travel conditions was made; and<br />
c. they continue to meet any conditions previously imposed under section 49(1) or section 50<br />
of the <strong>Immigration</strong> Act 2009;<br />
unless RV3.1(d) applies.<br />
RV3.5.1 Time spent in <strong>New</strong> <strong>Zealand</strong><br />
To meet the requirements regarding time spent in <strong>New</strong> <strong>Zealand</strong>, the principal applicant must<br />
have been in <strong>New</strong> <strong>Zealand</strong> as a resident for a total of 184 days or more in at least one of the<br />
two 12-month portions in the 24 months immediately preceding the date the application for a<br />
variation of travel conditions was made (ie, in at least one of the two 12-month portions, a<br />
period or periods that amount to 184 days or more).<br />
RV3.5.5 Tax residence status and limited time spent in <strong>New</strong> <strong>Zealand</strong><br />
To meet the requirements regarding tax residence status and limited time spent in <strong>New</strong><br />
<strong>Zealand</strong>, the principal applicant must:<br />
a. have been in <strong>New</strong> <strong>Zealand</strong> as a resident for a total of 41 days or more in at least one of<br />
the two 12-month portions of the 24 months immediately preceding the date the<br />
application for a variation of travel conditions was made (ie, in at least one of the two 12month<br />
portions, a period or periods that amount to 41 days or more); and<br />
b. be assessed as having tax residence status for 12 months in the 2 years before their<br />
application.<br />
RV3.10 14-day variation of travel conditions<br />
Effective 29/11/2010<br />
a. Applicants must be granted a variation of travel conditions current for 14 days if they are<br />
in <strong>New</strong> <strong>Zealand</strong> as a resident and they:<br />
i do not meet the requirements for a permanent resident visa; and<br />
ii do not meet the requirements for a variation of travel conditions for a longer duration.
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b. Applicants who would otherwise be prohibited from entry or for grant of a visa to <strong>New</strong><br />
<strong>Zealand</strong> because they are subject to restrictions or a ban (see RA9 and R5.100) may only<br />
be granted variation of travel conditions for 14 days and only if they are in <strong>New</strong> <strong>Zealand</strong>.<br />
Effective 29/11/2010<br />
RV3.15 Variation of travel conditions for principal applicants with investment<br />
conditions under Section 49(1)<br />
See also <strong>Immigration</strong> Act 2009, ss 49, 50<br />
Principal applicants who have been granted a resident visa under<br />
a. the Active Investor Migrant policy; or<br />
b. the Migrant Investment categories; or<br />
c. the Parent Retirement Category;<br />
may be granted a variation of travel conditions for 24 months if their first day in <strong>New</strong> <strong>Zealand</strong><br />
as a resident (see R5.66.5(b)) was at least 24 months before the current application for a<br />
variation of travel conditions was made, and they continue to meet any conditions imposed<br />
under section 49(1) and/or section 50 of the <strong>Immigration</strong> Act 2009 unless RV3.1(d) applies.<br />
RV3.20 Special provisions<br />
RV3.20.1 Australian citizens and residents<br />
Effective 29/11/2010<br />
a. Persons who hold a resident visa (or are deemed to hold a resident visa) because they are<br />
holders of current Australian permanent residence visas, current Australian resident return<br />
visas or Australian citizenship may be granted a variation of travel conditions for 24<br />
months from the date their current resident visa was granted.<br />
b. Australian citizens or residents who:<br />
i have held, or are deemed to have held, a resident visa for over 24 months; or<br />
ii have been previously granted a variation of travel conditions under this provision;<br />
may apply for variations of travel conditions under the provisions of RV3.5 or RV3.10 or<br />
for a permanent resident visa (RV2).<br />
RV3.20.5 Partners of <strong>New</strong> <strong>Zealand</strong> citizens who do not qualify for a permanent<br />
resident visa<br />
a. Unless RV3.1 (d) applies, partners of <strong>New</strong> <strong>Zealand</strong> citizens who do not qualify for a<br />
permanent resident visa (see RV2), may be granted a further variation of travel conditions<br />
for a 24 month period, provided the <strong>New</strong> <strong>Zealand</strong> partner supports the application in<br />
writing and:<br />
i the applicant’s resident visa was obtained on the basis of their partnership with the<br />
same <strong>New</strong> <strong>Zealand</strong> citizen and the partnership is ongoing; or<br />
ii an immigration officer is satisfied that the applicant has been living with the <strong>New</strong><br />
<strong>Zealand</strong> citizen in a genuine and stable relationship for at least one year at the time of<br />
application.<br />
b. Dependent children of the partner of a <strong>New</strong> <strong>Zealand</strong> citizen, who were included in that<br />
partner's residence class visa application, may be granted with a variation of travel<br />
conditions for a period of 24 months, equivalent to that of the partner’s travel conditions.
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c. An immigration officer may ask for any additional evidence that the relationship is<br />
ongoing, genuine and stable, including that obtained by interview.<br />
RV3.20.10 Resident visa holders seconded overseas as part of their <strong>New</strong> <strong>Zealand</strong><br />
employment<br />
a. Unless RV3.1 (d) applies, resident visa holders seconded overseas as part of their <strong>New</strong><br />
<strong>Zealand</strong> employment, who do not qualify for permanent resident visas, may be granted a<br />
variation of travel conditions for a further 24-month period provided that their <strong>New</strong><br />
<strong>Zealand</strong> employer confirms in writing that they require the applicant to remain overseas<br />
and still consider the applicant to be a <strong>New</strong> <strong>Zealand</strong> resident.<br />
b. Written confirmation from a <strong>New</strong> <strong>Zealand</strong> employer must state the terms and duration of<br />
the secondment and confirm the applicant is still considered a <strong>New</strong> <strong>Zealand</strong> resident.<br />
c. Further travel conditions under this provision may be granted every two years, for up to a<br />
total of 8 years stay outside <strong>New</strong> <strong>Zealand</strong>.<br />
d. Partners and children may be granted further travel conditions for a period equivalent to<br />
that of the principal applicant provided the immigration officer is satisfied that the<br />
relationship between them and the principal applicant is genuine and ongoing.<br />
Effective 29/11/2010
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RV4 GRANT OF A SECOND OR SUBSEQUENT RESIDENT VISA<br />
RV4.1 Who is not eligible for a second or subsequent resident visa?<br />
See also <strong>Immigration</strong> Act 2009 ss 15, 16<br />
People are not eligible for a second or subsequent resident visa if they:<br />
a. are not eligible for a visa under section 15 or 16 of the <strong>Immigration</strong> Act 2009; or<br />
b. are prohibited for entry or for grant of a visa to <strong>New</strong> <strong>Zealand</strong> because they are subject to<br />
restrictions or a ban (see RA9 and R5.100).<br />
RV4.5 Who may apply for a second or subsequent resident visa?<br />
Effective 29/11/2010<br />
A person may apply for a second or subsequent resident visa if they have held, or been<br />
deemed to hold, a resident visa that has expired because the holder either:<br />
a. left <strong>New</strong> <strong>Zealand</strong> after the expiry of the travel conditions; or<br />
b. are outside of <strong>New</strong> <strong>Zealand</strong> when the travel conditions expired.<br />
Effective 29/11/2010<br />
RV4.10 Determining an application for a second or subsequent resident visa<br />
See previous instructions RV4.10 Effective 29/11/2010<br />
a. An applicant for a second or subsequent resident visa may be granted a second or<br />
subsequent resident visa if:<br />
i the principal applicant would have met the criteria to be granted a variation of travel<br />
conditions under RV3.5, RV3.10 or RV3.15 had they applied for it on the date the<br />
current applicant’s resident visa expired and those travel conditions would still be valid<br />
on the date the application for a second or subsequent resident visa was made; or<br />
ii the principal applicant would have met the criteria to be granted a permanent resident<br />
visa had they applied for it on the date the current applicant’s resident visa expired<br />
and that date was less than 24 months before the date the application for a second or<br />
subsequent resident visa is made; or<br />
iii the principal applicant meets the criteria for one of the special provisions for a second<br />
or subsequent resident visa (RV4.20).<br />
b. A non-principal applicant may be assessed independently of the principal applicant if the<br />
instructions of RV1.20.1 to RV1.20.20 apply.<br />
RV4.15 Conditions imposed on a second or subsequent resident visa<br />
See previous instructions RV4.15 Effective 29/11/2010<br />
Effective 07/11/2011<br />
a. Any conditions (except travel conditions) imposed under section 49(1) of the <strong>Immigration</strong><br />
Act 2009 on the expired visa must be replicated on any second or subsequent resident<br />
visa granted. Any such conditions must be valid until the same date as on the applicant’s<br />
previous resident visa.<br />
b. Multiple entry travel conditions granted on second or subsequent resident visa must be<br />
valid for the longest of:
<strong>Residence</strong> INZ Operational Manual<br />
i the date the variation of travel conditions would have been valid to, had the principal<br />
applicant applied for one on the date the current applicant’s resident visa expired; or<br />
ii 24 months from the date the current applicant’s resident visa expired if the principal<br />
applicant was eligible for a permanent resident visa on that day; or<br />
iii the duration specified by special provisions for the grant of a second or subsequent<br />
resident visa set out at RV4.20.<br />
Effective 07/11/2011<br />
RV4.20 Special provisions for the grant of a second or subsequent resident<br />
visa<br />
RV4.20.1 Partners of <strong>New</strong> <strong>Zealand</strong> citizens<br />
a. Partners of <strong>New</strong> <strong>Zealand</strong> citizens may be granted a second or subsequent resident visa<br />
with 24 months of multiple entry travel conditions, provided the <strong>New</strong> <strong>Zealand</strong> partner<br />
supports the application in writing and:<br />
i the applicant’s resident visa was obtained on the basis of their partnership with the<br />
same <strong>New</strong> <strong>Zealand</strong> citizen and the partnership is ongoing; or<br />
ii an immigration officer is satisfied that the applicant has been living with the <strong>New</strong><br />
<strong>Zealand</strong> citizen in a genuine and stable relationship for at least one year at the time of<br />
application.<br />
b. Dependent children of the partner of a <strong>New</strong> <strong>Zealand</strong> citizen, who were included in that<br />
partner's residence class visa application, may be granted a second or subsequent resident<br />
visa with 24 months of travel conditions, equivalent to the partner’s second or subsequent<br />
resident visa.<br />
c. An immigration officer may ask for any additional evidence that the relationship is<br />
ongoing, genuine, and stable, including that obtained by interview.<br />
RV4.20.5 Former resident visa holders seconded overseas as part of their <strong>New</strong><br />
<strong>Zealand</strong> employment<br />
a. A former resident visa holder seconded overseas as part of their <strong>New</strong> <strong>Zealand</strong> employment<br />
may be granted a second or subsequent resident visa if:<br />
i the principal applicant would have met the criteria to be granted a variation of travel<br />
conditions under RV3.20.10 had they applied for it on the date their resident visa<br />
expired and;<br />
ii the principal applicant met the criteria under RV3.20.10 at the time the application for<br />
a second or subsequent resident visa was made; and<br />
iii the date the principal applicant’s resident visa expired was less than 24 months before<br />
the date the application for the second or subsequent resident visa was made.<br />
b. The multiple entry travel conditions on second or subsequent resident visas granted under<br />
these instructions must be valid until 24 months from the date the resident visa expired.<br />
c. Partners and children may be granted a second or subsequent resident visa with travel<br />
conditions for a period equivalent to that of the principal applicant provided the<br />
immigration officer is satisfied that the relationship between them and the principal<br />
applicant is genuine and ongoing.<br />
Effective 29/11/2010
RESIDENCE FROM WORK CATEGORY<br />
IN THIS SECTION<br />
RW1 Objective ...................................................................... 48-1<br />
RW2 <strong>Residence</strong> instructions for holders of work visas granted<br />
under the Talent (Accredited Employers) work<br />
instructions ................................................................ 49-1<br />
RW3 <strong>Residence</strong> instructions for holders of.................................. 50-1<br />
RW4 <strong>Residence</strong> instructions for holders of work visas granted<br />
under the long term skill shortage list work instructions ..... 50-2<br />
RW5 English language requirements.... ..................................... 51-1<br />
RW6 Migrant Levy ................................................................. 52-1<br />
RW7 <strong>Residence</strong> instructions for holders of work visas granted<br />
under religious worker instructions ................................. 53-1
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RW1 OBJECTIVE<br />
See previous instructions RW1 Effective 07/11/2011<br />
The objective of the <strong>Residence</strong> from Work Category is to enable the grant of residence class<br />
visas to people whose talents are needed by <strong>New</strong> <strong>Zealand</strong> employers, people with exceptional<br />
talent in a field of art, culture or sport, people working in areas of identified absolute<br />
occupational shortage in <strong>New</strong> <strong>Zealand</strong> and religious workers.<br />
Note: Where these instructions refer to holding a visa, this includes holding a permit granted<br />
under the <strong>Immigration</strong> Act 1987.<br />
Effective 07/11/2011
INZ Operational Manual <strong>Residence</strong><br />
RW2 RESIDENCE INSTRUCTIONS FOR HOLDERS OF WORK VISAS<br />
GRANTED UNDER THE TALENT (ACCREDITED EMPLOYERS) WORK<br />
INSTRUCTIONS<br />
See previous instructions RW2 Effective 29/11/2010<br />
Holders of visas granted under the Talent (Accredited Employers) work instructions may be<br />
granted a residence class visa where:<br />
a. they have held a work visa granted under the Talent (Accredited Employers) work<br />
instructions for a period of at least 24 months; and<br />
b. during the currency of that visa they have been employed in <strong>New</strong> <strong>Zealand</strong> throughout a<br />
period of 24 months:<br />
i by any accredited employer; or<br />
ii by an employer(s) who is not an accredited employer, provided that during the period<br />
of that employment the conditions of the applicant's visa were varied to allow them to<br />
work for that employer(s) (see WR1.5(c) (ii)); and<br />
c. they have employment in <strong>New</strong> <strong>Zealand</strong> with a minimum base salary of:<br />
i NZ$50,000 per annum if the associated work to <strong>Residence</strong> visa application (WR1) was<br />
made on or after 30 July 2007 but before 28 July 2008; or<br />
ii NZ$55,000 per annum if the associated work to <strong>Residence</strong> visa application (WR1) was<br />
made on or after 28 July 2008 ; and<br />
d. they hold full or provisional registration, if full or provisional registration is required to<br />
practice in the occupation in which they are employed; and<br />
e. they meet health and character requirements (see A4 and A5).<br />
Note:<br />
~ Applicants under these instructions must be in <strong>New</strong> <strong>Zealand</strong> at the time they lodge their<br />
application for a residence class visa.<br />
~ For the avoidance of doubt, the minimum base salary excludes employment-related<br />
allowances (for example overtime, tool or uniform allowances, medical insurance,<br />
accommodation).<br />
~ Where an employee is to work more than 40 hours per week, the minimum base salary must<br />
be calculated on the basis of 40 hours work per week.<br />
RW2.1 Eligibility for a permanent resident visa<br />
A permanent resident visa may be granted to an applicant under Talent (Accredited<br />
Employers) work instructions who:<br />
a. meets all the requirements to be granted a residence class visa; and<br />
Effective 30/07/2011<br />
b. at the time of their application for a residence class visa, has employment in <strong>New</strong> <strong>Zealand</strong><br />
with a minimum base salary of NZ$90,000.<br />
RW2.5 Requirements for employment<br />
Employment must be:<br />
Effective 29/11/2010
<strong>Residence</strong> INZ Operational Manual<br />
a. in <strong>New</strong> <strong>Zealand</strong>; and<br />
b. full-time (that is it amounts to, on average, at least 30 hours per week); and<br />
c. ongoing (that is, for employment that is permanent, or indefinite, or for a stated term of<br />
at least 12 months with an option for the employee of further terms); and<br />
d. genuine; and<br />
e. compliant with all relevant employment law in force in <strong>New</strong> <strong>Zealand</strong>.<br />
Note: Compliance with relevant <strong>New</strong> <strong>Zealand</strong> employment law includes but is not limited<br />
to:<br />
~ a written employment agreement that contains the necessary statutory specified terms<br />
and conditions;<br />
~ meeting holiday and special leave requirements and other minimum statutory criteria;<br />
~ meeting occupational safety and health obligations.<br />
RW2.10 Evidential requirements<br />
Effective 29/11/2010<br />
Applications for a residence class visa under the residence instructions for holders of work<br />
visas granted under the Talent (Accredited Employers) work instructions must include:<br />
a. Evidence that during the currency of their visa granted under the Talent (Accredited<br />
Employers) work instructions, the applicant has been employed in <strong>New</strong> <strong>Zealand</strong> by any<br />
accredited employer throughout a period of at least 24 months; and<br />
b. Evidence of employment that meets the requirements set out at RW2.5; and<br />
c. Evidence that the applicant holds full or provisional registration, if full or provisional<br />
registration is required to practice in the occupation in which they have employment.<br />
Effective 29/11/2010
INZ Operational Manual <strong>Residence</strong><br />
RW3 RESIDENCE INSTRUCTIONS FOR HOLDERS OF...<br />
RW3 <strong>Residence</strong> instructions for holders of work visas granted under the Talent (Arts,<br />
Culture and Sports) work instructions<br />
Holders of visas granted under the Talent (Arts, Culture and Sports) work instructions may be<br />
granted a resident visa where:<br />
a. they have held a work visa granted under the Talent (Arts, Culture and Sports) work<br />
instructions for a period of at least 24 months; and<br />
b. during the currency of that visa they have been actively engaged in their declared field of<br />
art, culture or sport throughout a period of 24 months in <strong>New</strong> <strong>Zealand</strong>; and<br />
c. they are still prominent in that field of art, culture or sport; and<br />
d. their continued presence in <strong>New</strong> <strong>Zealand</strong> will enhance the quality of <strong>New</strong> <strong>Zealand</strong>'s<br />
accomplishments and participation in that field of art, culture or sport; and<br />
e. they are supported by a <strong>New</strong> <strong>Zealand</strong> organisation of national repute in their declared<br />
field; and<br />
f. they have an acceptable sponsor (see R4.5); and<br />
g. they meet health and character requirements (see A4 and A5); and<br />
h. they have not, at any time since the grant of their visa under the Talent (Arts, Culture and<br />
Sports) work instructions, applied for, or been granted welfare assistance under the Social<br />
Security Act 1964. (For the purpose of these instructions, any welfare assistance applied<br />
for by, or granted to, a partner or child of the holder of a work visa granted under these<br />
instructions is welfare assistance applied for or granted to the holder.)<br />
Note: Applicants under these instructions must be in <strong>New</strong> <strong>Zealand</strong> at the time they lodge their<br />
application for a resident visa.<br />
RW3.1 Definition of '<strong>New</strong> <strong>Zealand</strong> organisation of national repute'<br />
A '<strong>New</strong> <strong>Zealand</strong> organisation of national repute' is:<br />
Effective 29/11/2010<br />
a. a <strong>New</strong> <strong>Zealand</strong> organisation that has a nationally recognised record of excellence in a field<br />
of art, culture or sport; or<br />
b. a <strong>New</strong> <strong>Zealand</strong> organisation that has a nationally recognised record of excellence in<br />
fostering exceptional talent in a field of art, culture or sport.<br />
Effective 29/11/2010<br />
RW3.5 Support by a <strong>New</strong> <strong>Zealand</strong> organisation of national repute and<br />
sponsorship by an acceptable sponsor<br />
a. Applicants must provide evidence of support by a <strong>New</strong> <strong>Zealand</strong> organisation of national<br />
repute in their declared field of art, culture or sport and evidence of sponsorship by an<br />
acceptable sponsor by providing a completed Talent (arts, culture and sports) Sponsorship<br />
Form (INZ 1091) with their application for a resident visa.<br />
b. Completion of the form includes:
<strong>Residence</strong> INZ Operational Manual<br />
i a statement of support for the resident visa application from an organisation of<br />
national repute in the applicant's declared field of art, culture or sport; and<br />
ii the reasons for which the organisation considers that the applicant's presence in <strong>New</strong><br />
<strong>Zealand</strong> will continue to enhance the quality of <strong>New</strong> <strong>Zealand</strong>'s accomplishments and<br />
participation in the declared field of art, culture or sport; and<br />
iii a written undertaking of sponsorship from a natural person, organisation, or<br />
government agency which is an acceptable sponsor to confirm they will meet the costs<br />
specified at R4.10 if those costs are incurred in the 24 months after the grant of the<br />
resident visa.<br />
Note: The sponsor is not required to be the organisation that is supporting the application.<br />
RW3.10 Evidential requirements<br />
Effective 29/11/2010<br />
Applications for a residence class visa under the <strong>Residence</strong> instructions for holders of work<br />
visas granted under the Talent (Arts, Culture and Sports) work instructions must include:<br />
a. Evidence that during the currency of their visa granted under the Talent (Arts, Culture and<br />
Sports) work instructions, the applicant has been active in their declared field of art,<br />
culture or sport throughout a period of 24 months in <strong>New</strong> <strong>Zealand</strong>; and<br />
b. Evidence that the applicant is still prominent in that field of art, culture or sport; and<br />
c. A completed Talent (Arts, Culture and Sports) Sponsorship Form (INZ 1091) from an<br />
organisation of national repute that includes a written undertaking from an acceptable<br />
sponsor as set out in R4.10.<br />
Effective 29/11/2010<br />
RW4 <strong>Residence</strong> instructions for holders of work visas granted under the long<br />
term skill shortage list work instructions<br />
See previous instructions RW4 Effective 29/11/2010<br />
Holders of visas granted under the long term skill shortage list work instructions may be<br />
granted a resident visa where:<br />
a. they have held a work visa granted under the long term skill shortage list work<br />
instructions for a period of at least 24 months; and<br />
b. they have employment with a minimum base salary of NZ$45,000 per annum that is<br />
either:<br />
i in an occupation that was on the Long Term Skill Shortage List when they were<br />
granted a work visa under the long term skill shortage list work instructions; or<br />
ii in an occupation that is on the long term skill shortage list at the time their application<br />
for a resident visa is made; and<br />
c. they are aged 55 years or under; and<br />
d. they hold full or provisional registration, if full or provisional registration is required to<br />
practice in the occupation in which they are employed in <strong>New</strong> <strong>Zealand</strong>; and<br />
e. they meet health and character requirements (see A4 and A5).
INZ Operational Manual <strong>Residence</strong><br />
Notes:<br />
~ Applicants under these instructions must be in <strong>New</strong> <strong>Zealand</strong> at the time they lodge their<br />
application for a resident visa.<br />
~ For the avoidance of doubt, the minimum base salary excludes employment related<br />
allowances (for example overtime, tool or uniform allowances, medical insurance,<br />
accommodation) and must be calculated on the basis of 40 hours’ work per week.<br />
RW4.1 Requirements for employment<br />
Employment must be:<br />
a. in <strong>New</strong> <strong>Zealand</strong>; and<br />
b. full-time, (that is it amounts to, on average, at least 30 hours per week); and<br />
Effective 26/11/2012<br />
c. ongoing (that is, for employment that is permanent, or indefinite, or for a stated term of<br />
at least 12 months with an option for the employee of further terms); and<br />
d. genuine; and<br />
e. compliant with all relevant employment law in force in <strong>New</strong> <strong>Zealand</strong>.<br />
Note: Compliance with relevant <strong>New</strong> <strong>Zealand</strong> employment law includes but is not limited to:<br />
~ a written employment agreement that contains the necessary statutory specified terms and<br />
conditions<br />
~ meeting holiday and special leave requirements and other minimum statutory criteria<br />
~ meeting occupational safety and health obligations.<br />
RW4.5 Evidential requirements<br />
Effective 29/11/2010<br />
Applications for residence class visas under the <strong>Residence</strong> instructions for holders of work visas<br />
granted under the long term skill shortage list work instructions must include:<br />
a. Evidence that the applicant has been employed in <strong>New</strong> <strong>Zealand</strong> for a period of at least 24<br />
months in an occupation that was listed on the long term skill shortage list at the time<br />
their visa was granted under the long term skill shortage list work instructions; and<br />
b. Evidence of employment that meets the requirements set out at RW4 (b) and RW4.1; and<br />
c. Evidence that the applicant holds full or provisional registration, if full or provisional<br />
registration is required to practice in the occupation in which they have employment.<br />
Effective 29/11/2010
INZ Operational Manual <strong>Residence</strong><br />
RW5 ENGLISH LANGUAGE REQUIREMENTS....<br />
See previous instructions RW5 Effective 29/11/2010<br />
RW5 English language requirements under the <strong>Residence</strong> from Work Category<br />
a. To be granted a resident visa, partners and dependent children aged 16 and older, who<br />
are included in any <strong>Residence</strong> from Work Category application, must either:<br />
i show that they meet a minimum standard of English to ensure their English language<br />
ability is sufficient to assist them to successfully settle in <strong>New</strong> <strong>Zealand</strong> (see RW5.1);<br />
or<br />
ii pre-purchase ESOL training.<br />
b. In addition, principal applicants under Religious Worker instructions must show that they<br />
meet a minimum standard of English to ensure their English language ability is sufficient<br />
to assist them to successfully settle in <strong>New</strong> <strong>Zealand</strong> (see RW5.1).<br />
RW5.1 Minimum standard of English<br />
See previous instructions RW5.1 Effective 29/11/2010<br />
Effective 07/11/2011<br />
a. Principal applicants under Religious Worker residence instructions and partners and<br />
dependent children aged 16 and older under all <strong>Residence</strong> from Work categories meet the<br />
minimum standard of English if:<br />
i they provide a Test Report Form (no more than 2 years old at the time the application<br />
is lodged) from the International English Language Testing System (IELTS), showing<br />
they achieved an "Overall Band" score of 5 or higher in the IELTS General or Academic<br />
Module; or<br />
ii they provide evidence that they have an English-speaking background (see RW5.5)<br />
which is accepted by an immigration officer as meeting the minimum standard of<br />
English; or<br />
iii they provide other evidence which satisfies an immigration officer that, taking account<br />
of that evidence and all the circumstances of the application, the person meets the<br />
minimum standard of English. These circumstances may include but are not limited to:<br />
the country in which the applicant currently resides;<br />
the country(ies) in which the applicant has previously resided;<br />
the duration of residence in each country;<br />
whether the applicant speaks any language other than English;<br />
whether members of the applicant's family speak English;<br />
whether members of the applicant's family speak any language other than English;<br />
the nature of the applicant's current or previous employment (if any) and whether<br />
that is or was likely to require skill in English language;<br />
the nature of the applicant's qualifications (if any) and whether the obtaining of<br />
those qualifications was likely to require skill in English language.<br />
b. In any case under (a) (ii) or (iii), an immigration officer may require an applicant to<br />
provide an IELTS certificate in terms of paragraph (a)(i). In such cases, the IELTS<br />
certificate will be used to determine whether the applicant meets the minimum standard of<br />
English.<br />
Note:<br />
~ Full consideration must be given to all evidence of English language ability provided before a<br />
decision to request an IELTS certificate under RW5.1(b) is made. If an IELTS certificate is<br />
requested, the reason(s) behind the decision must be clearly documented and conveyed to the
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applicant.<br />
~ IELTS is an international organisation that provides an assessment of ability in English. Its<br />
General and Academic Modules provide band totals (test results) showing overall ability as well<br />
as performance in listening, reading, writing and speaking.<br />
RW5.5 Evidence of an English-speaking background<br />
Effective 07/11/2011<br />
Evidence of an English-speaking background is original or certified copies of documents<br />
showing:<br />
• completion of all primary education and at least 3 years of secondary education (that is,<br />
the equivalent of <strong>New</strong> <strong>Zealand</strong> Forms 3 to 5 or years 9 to 11) at schools using English as<br />
the language of instruction; or<br />
• completion of at least 5 years of secondary education (that is, the equivalent of <strong>New</strong><br />
<strong>Zealand</strong> Forms 3 to 7 or years 9 to 13) at schools using English as the language of<br />
instruction; or<br />
• completion of a course of at least 3 years' duration leading to the award of a tertiary<br />
qualification at institutions using English as the language of instruction; or<br />
• that the applicant holds General Certificate of Education (GCE) 'A' Levels from Britain or<br />
Singapore with a minimum C pass (the passes must specifically include the subjects<br />
English Language or Literature, or Use of English); or<br />
• that the applicant holds International Baccalaureate – full Diploma in English Medium; or<br />
• that the applicant holds Cambridge Certificate of Proficiency in English – minimum C pass;<br />
or<br />
• that the applicant holds Hong Kong Advanced Level Examinations (HKALE) including a<br />
minimum C pass in Use of English; or<br />
• that the applicant holds STPM 920 (Malaysia) – A or B pass in English Literature; or<br />
• that the applicant holds University of Cambridge in collaboration with University of Malaya,<br />
General Certificate of English (GCE) "A" levels with a minimum C pass. The passes must<br />
specifically include the subjects English or General Paper.<br />
• that the applicant holds South African Matriculation Certificate, including a minimum D<br />
pass in English (Higher Grade); or<br />
• that the applicant holds South African Senior Certificate, including a minimum D pass in<br />
English (Higher Grade), endorsed with the words 'matriculation exempt'; or<br />
• that the applicant holds a <strong>New</strong> <strong>Zealand</strong> Tertiary Entrance Qualification gained on<br />
completing the seventh form.<br />
Effective 29/11/2010<br />
RW5.10 Employment in <strong>New</strong> <strong>Zealand</strong> as English-speaking background<br />
a. An applicant is also considered to have an English-speaking background if:<br />
i they have been lawfully employed full-time in an occupation in <strong>New</strong> <strong>Zealand</strong> for a<br />
minimum of 12 months; and<br />
ii English was the language of employment
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b. "Employment' in the context of English language requirements policy does not include selfemployment.<br />
RW5.15 Evidence of employment in <strong>New</strong> <strong>Zealand</strong><br />
Effective 29/11/2010<br />
a. Evidence of full-time employment in <strong>New</strong> <strong>Zealand</strong> for a minimum of 12 months is original<br />
or certified copies of:<br />
i references from employers on company letterhead, which state the occupation and<br />
dates of employment and the contact phone number and address of the employer; or<br />
ii an employment agreement with confirmation from the employer that the applicant is<br />
still employed.<br />
b. Evidence that English was the language of employment is a written statement from the<br />
employer that English was the primary language used in that employment.<br />
RW5.20 INZ to collect charge on behalf of TEC<br />
Effective 29/11/2010<br />
a. If they do not meet the minimum standard of English, applicants who are eligible to prepurchase<br />
ESOL tuition must pre-purchase ESOL tuition from TEC (Tertiary Education<br />
Commission) by paying the required charge to INZ (who collect this charge on behalf of<br />
TEC).<br />
b. Before a residence class visa is granted, applicants must pay any ESOL tuition charge due.<br />
RW5.25 TEC to arrange ESOL tuition<br />
Effective 29/11/2010<br />
a. The applicant is entitled to tuition to the value of the ESOL entitlement component of the<br />
ESOL tuition charge. This does not include INZ and TEC administration costs.<br />
b. TEC advises the applicant of the list of suitable ESOL tuition providers in <strong>New</strong> <strong>Zealand</strong>,<br />
from which the applicant may nominate one of their own choice.<br />
c. TEC will manage the contract between the ESOL tuition provider and the applicant.<br />
d. The applicant must advise TEC of their <strong>New</strong> <strong>Zealand</strong> address.<br />
RW5.30 Applicant's Agreement with TEC<br />
Effective 29/11/2010<br />
a. Each applicant who pre-purchases ESOL tuition must sign an Agreement by which they<br />
agree, among other things, that they understand the rules for taking up ESOL tuition in<br />
<strong>New</strong> <strong>Zealand</strong> and the refund provisions.<br />
b. The content of the Agreement is determined by INZ and TEC.
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c. Included with the Agreement is a Schedule that sets out the personal details of the<br />
applicant and the amount of tuition to be purchased.<br />
RW5.35 Completion of agreement<br />
See previous instructions RW5.35 Effective 29/11/2010<br />
Effective 29/11/2010<br />
a. When an application for a residence class visa is approved in principle, applicants will be<br />
given two copies of the Agreement to complete for each person in the application<br />
undertaking the English language training.<br />
b. After completion of the Agreement, one copy is retained by the applicant, and the other<br />
copy is returned to INZ processing office with the tuition fee(s).<br />
c. If the Agreement is not signed and returned to INZ within the time specified by INZ, the<br />
residence class visa application must be declined.<br />
d. The INZ copy of the Agreement should be sent to the TEC.<br />
RW5.40 The amount of ESOL tuition to be pre-purchased<br />
See previous instructions RW5.40 Effective 29/11/2010<br />
Effective 07/11/2011<br />
a. The amount of ESOL tuition to be pre-purchased is determined by the applicant's average<br />
IELTS score across all four bands (as shown in their "Overall Band" score in the IELTS Test<br />
Report Form) according to the following table.<br />
Overall Band score Charge to be paid ESOL entitlement<br />
4.5 or more but less than<br />
5<br />
4 or more, but less than<br />
4.5<br />
3.5 or more, but less than<br />
4<br />
NZ$1,735 NZ$1,531.82<br />
NZ$3,420 NZ$3,063.64<br />
NZ$5,110 NZ$4,600.00<br />
Less than 3.5 NZ$6,795 NZ$6,131.82<br />
b. The charge includes the applicant's ESOL tuition entitlement, as well as INZ and TEC<br />
administration costs.
INZ Operational Manual <strong>Residence</strong><br />
c. If an applicant has not submitted IELTS results when requested, the maximum charge of<br />
NZ$6,795 applies.<br />
RW5.45 Failure to pre-purchase ESOL tuition<br />
Effective 26/11/2012<br />
Any ESOL tuition charge due must be paid before a residence class visa is granted; and if it is<br />
not paid to INZ within the specified time, the residence class visa application must be declined.<br />
RW5.50 Limited period to use ESOL tuition<br />
Effective 29/11/2010<br />
a. If ESOL tuition is purchased in <strong>New</strong> <strong>Zealand</strong>, the applicant must complete the tuition<br />
within 3 years from the date of payment.<br />
b. If ESOL tuition is purchased outside <strong>New</strong> <strong>Zealand</strong>, the applicant must complete the tuition<br />
within 3½ years from the date of payment.<br />
c. ESOL tuition will not be available without further payment, nor will refunds be given, to<br />
applicants who do not take up ESOL tuition within the time limits specified in paragraphs<br />
(a) and (b).<br />
RW5.55 Refunds of ESOL tuition money<br />
Effective 29/11/2010<br />
a. If ESOL tuition money is paid but the principal applicant and partner and dependent<br />
children included in the application do not take up residence, a refund may be granted<br />
upon request to INZ. The request must be made in writing.<br />
b. Requests for refunds must be declined if they are made more than six months after the<br />
expiry of the travel conditions allowing travel to <strong>New</strong> <strong>Zealand</strong>.<br />
c. <strong>Immigration</strong> officers considering requests for refunds must be satisfied that the principal<br />
applicant and partner and dependent children included in the application:<br />
i have not taken up residence; and<br />
ii do not hold current residence class visas.<br />
d. The person who paid the fee will be repaid only the ESOL entitlement. The INZ and TEC<br />
administration costs will not be refunded.<br />
Effective 29/11/2010
INZ Operational Manual <strong>Residence</strong><br />
RW6 MIGRANT LEVY<br />
Applicants approved under the <strong>Residence</strong> from Work Category are required to pay a Migrant<br />
Levy (see R5.90).<br />
Effective 29/11/2010
INZ Operational Manual <strong>Residence</strong><br />
RW7 RESIDENCE INSTRUCTIONS FOR HOLDERS OF WORK VISAS<br />
GRANTED UNDER RELIGIOUS WORKER INSTRUCTIONS<br />
Objective<br />
The objective of <strong>Residence</strong> instructions for holders of work visas granted under Religious<br />
Worker instructions is to:<br />
a. provide <strong>New</strong> <strong>Zealand</strong> communities with the opportunity to practise, maintain and advance<br />
their religious beliefs; and<br />
b. maintain the integrity of the immigration system through clear guidelines for applicants to<br />
enter <strong>New</strong> <strong>Zealand</strong> and undertake genuine religious work.<br />
Effective 07/11/2011<br />
RW7.5 <strong>Residence</strong> instructions for holders of work visas granted under<br />
Religious Worker instructions<br />
Holders of visas granted under Religious Worker instructions (or Ministers of religion,<br />
missionaries, and members of religious orders instructions, or Specific purpose or event work<br />
instructions at WS2(g) before 5 November 2011) may be granted a resident visa where they:<br />
a. have held a work visa for a period of at least three years, and met the conditions of that<br />
visa granted under:<br />
i Religious Worker instructions;<br />
ii Ministers of religion, missionaries, and members of religious orders instructions<br />
(before 5 November 2011); or<br />
iii Specific purpose or event work instructions (at WS2(g) before 5 November 2011); and<br />
b. have an acceptable sponsor (see RW7.10); and<br />
c. have a genuine offer of work from their sponsor that is:<br />
i for religious work (see RW7.5.1); and<br />
ii in <strong>New</strong> <strong>Zealand</strong>; and<br />
iii ongoing (permanent, indefinite, or for a stated term of at least five years); and<br />
d. are aged 55 years or under; and<br />
e. meet the minimum English language requirements (see RW5.1); and<br />
f. have at least five years of religious training and/or religious work experience; and<br />
g. meet health and character requirements (see A4 and A5); and<br />
h. have not, at any time since the grant of their work visa under the Religious Worker<br />
instructions, applied for, or been granted welfare assistance under the Social Security Act<br />
1964. (For the purpose of these instructions, any welfare assistance applied for by, or<br />
granted to, a partner or child of the holder of a work visa granted under these instructions<br />
is welfare assistance applied for or granted to the holder.)<br />
Note: Applicants under these instructions must be in <strong>New</strong> <strong>Zealand</strong> at the time they lodge their<br />
application for a resident visa.
<strong>Residence</strong> INZ Operational Manual<br />
RW7.5.1 Definition of ‘religious work’<br />
a. Religious work must substantially be a primary role including one or more of the following:<br />
i teaching or guidance in religious scripture or philosophy;<br />
ii leading religious practice, worship or prayer;<br />
iii conducting religious initiations, ordination or ritual;<br />
iv ministering or pastoral care;<br />
v roles of religious leadership in relation to any of the above.<br />
b. Applicants are considered to be undertaking religious work where INZ is satisfied that the<br />
work the applicant is being sponsored to undertake directly serves the religious objectives<br />
of the sponsoring organisation.<br />
Note: Supporting roles for the sponsoring organisation, including cooking or cleaning may<br />
be secondary roles a religious worker may undertake. Secondary roles, however, will not in<br />
themselves qualify as religious work for the purposes of a visa. Religious study is not<br />
considered religious work for the purposes of these instructions.<br />
c. Religious work may include:<br />
i employment for a position that is paid a salary or wages; or<br />
ii work for a position that is paid a stipend; or<br />
iii work for a position that does not receive direct financial return to the worker, or<br />
iv work for a position that is paid through any alternative arrangement to RW7.5.1 (c) (i)<br />
- (iii).<br />
d. Where a religious worker is employed by the sponsoring organisation (RW7.5.1(c) (i)), the<br />
sponsoring organisation must supply an employment agreement for the duration of the<br />
sponsorship obligations.<br />
e. Where a religious worker is not employed by the sponsoring organisation (RW7.5.1(c) (ii) -<br />
(iv)), the sponsoring organisation must provide a description of the work that includes the<br />
primary role(s), and any secondary role(s) the religious worker will be expected to<br />
undertake.<br />
RW7.10 Sponsorship by an acceptable sponsor<br />
Effective 07/11/2011<br />
a. Applicants must provide evidence of sponsorship by an acceptable sponsor by providing a<br />
completed Sponsorship Form for Religious Workers (INZ 1190) with their application for a<br />
resident visa.<br />
b. Completion of the form must include:<br />
i evidence that:<br />
the sponsoring organisation is a charity registered with the Charities Commission<br />
with a primary purpose of advancing religion; and<br />
work to be undertaken by the applicant meets the requirements at RW7.5(c);<br />
ii a statement from the sponsoring organisation establishing the reasons why that the<br />
organisation considers that work by the applicant will continue to serve their religious<br />
objectives; and
INZ Operational Manual <strong>Residence</strong><br />
iii a declaration of sponsorship from the organisation, to confirm they will meet the<br />
undertakings specified at R4.10 for a period of five years after the grant of the<br />
resident visa; and<br />
iv information to demonstrate that the sponsoring organisation has a long term need for<br />
a religious worker (this may include, but is not limited to a statement demonstrating a<br />
shortage of <strong>New</strong> <strong>Zealand</strong>ers or resident visa holders suitable and available for the<br />
religious work, or information pertaining to the growth of the religious organisation or<br />
their followers).<br />
RW7.10.1 Requirements for sponsoring organisations<br />
a. Sponsoring organisations under these instructions must have a history of compliance with<br />
the relevant employment and immigration law in force in <strong>New</strong> <strong>Zealand</strong>. Compliance with<br />
relevant <strong>New</strong> <strong>Zealand</strong> employment and immigration law includes, but is not limited to:<br />
i paying employees no less than the appropriate minimum wage rate or other<br />
contracted industry standard; and<br />
ii meeting holiday and special leave requirements or other minimum statutory criteria,<br />
e.g. occupational safety and health obligations; and<br />
iii only employing people who have authority to work in <strong>New</strong> <strong>Zealand</strong>.<br />
b. Evidence or confirmation of compliance with relevant <strong>New</strong> <strong>Zealand</strong> employment and<br />
immigration law may include but is not limited to:<br />
i an employment agreement with the applicant which demonstrates compliance (if the<br />
applicant is employed); and<br />
ii a recognised history with the Department of Labour of past compliance.<br />
c. <strong>Immigration</strong> officers may also request other evidence or confirmation of the employer's<br />
past and future compliance with employment and immigration law.<br />
d. <strong>Immigration</strong> officers may require employers to provide evidence that the rate of pay<br />
and/or conditions of work offered to the applicant is not less than that for <strong>New</strong> <strong>Zealand</strong><br />
workers undertaking similar work for the sponsoring organisation.<br />
e. INZ will decline an application for a Religious Worker resident visa where it considers that<br />
granting the visa would undermine the integrity, credibility or reputation of the <strong>New</strong><br />
<strong>Zealand</strong> immigration or employment relations systems.<br />
Note: To determine whether an employment agreement creates an unacceptable risk to the<br />
integrity of <strong>New</strong> <strong>Zealand</strong>'s immigration and employment laws or instructions, an<br />
immigration officer may consider whether the rate of pay and/or conditions of the work are<br />
comparable to that for <strong>New</strong> <strong>Zealand</strong> workers undertaking similar work for the sponsoring<br />
organisation.<br />
RW7.15 Evidential requirements<br />
See previous instructions RW7.15 Effective 07/11/2011<br />
Applications under these instructions must include evidence:<br />
Effective 07/11/2011<br />
a. that the applicant has been undertaking religious work in <strong>New</strong> <strong>Zealand</strong> for a period of at<br />
least three years; and<br />
b. of work that meets the requirements set out at RW7.5.1; and
<strong>Residence</strong> INZ Operational Manual<br />
c. of sponsorship by an acceptable sponsor (see RW7.10); and<br />
d. of at least five years of religious training and/or religious work experience relevant to the<br />
religious work the applicant is being sponsored to undertake, that may include, but is not<br />
limited to:<br />
i testimonials;<br />
ii certificates of ordination;<br />
iii curriculum vitae;<br />
iv documentation demonstrating relevant work experience; or<br />
v a verified copy of an awarding certificate for a relevant qualification.<br />
RW7.20 Conditions and currency of Religious Worker visas<br />
See also <strong>Immigration</strong> Act 2009 ss 49, 55<br />
Effective 30/07/2012<br />
a. Resident visas granted under these instructions will be subject to the condition that the<br />
applicant must undertake religious work for the sponsoring organisation only. This<br />
condition will apply for five years from the visa holder’s first day as a resident in <strong>New</strong><br />
<strong>Zealand</strong>, except where RW7.20 (d) applies.<br />
b. A resident visa granted under the Religious Worker instructions is subject to the condition<br />
that the sponsor of the visa holder meets their obligations as set out in R4.10 for five<br />
years from the visa holder’s first day as a resident in <strong>New</strong> <strong>Zealand</strong>.<br />
c. The multiple entry travel conditions on a resident visa granted under the Religious Work<br />
instructions must be valid for five years from the visa holder’s first day as a resident in<br />
<strong>New</strong> <strong>Zealand</strong>.<br />
d. Despite (a) above, the holder of that visa may request that the conditions on their resident<br />
visa be varied to allow them to work for another registered charity of the same religious<br />
affiliation whose purpose is advancing religion.<br />
Note: The sponsoring organisation can be changed, for example, where the sponsoring<br />
organisation stated on the visa is deregistered as a charitable organisation under Section<br />
31 of the Charities Act 2005.<br />
e. Where RW7.20 (d) applies, the applicant must provide supporting documentation to<br />
confirm that:<br />
i the new sponsoring organisation is an acceptable sponsor; and<br />
ii the visa holder will undertake religious work for the new sponsor.<br />
Effective 07/11/2011
SPECIAL CATEGORIES<br />
IN THIS SECTION<br />
S1 Special Categories for certain nationalities ............................ 54-1<br />
S2 Special directions Instructions ............................................. 55-1<br />
S3 Refugee and Protection Category ......................................... 56-1<br />
S4 Special residence Categories ............................................... 57-1
INZ Operational Manual <strong>Residence</strong><br />
S1 SPECIAL CATEGORIES FOR CERTAIN NATIONALITIES<br />
S1.1 Pitcairn Islanders<br />
a. Pitcairn Islanders are considered for a resident visa under a special category because <strong>New</strong><br />
<strong>Zealand</strong> recognises that there are few employment opportunities on Pitcairn Island.<br />
b. Pitcairn Islanders must be approved for a resident visa if they:<br />
i apply in the prescribed manner (see R2.35 - R2.45), and<br />
ii meet health and character requirements (see A4 and A5), and<br />
iii have an offer of employment in <strong>New</strong> <strong>Zealand</strong> that meets the requirements of SM7.15.<br />
Effective 29/11/2010<br />
S1.10 Samoan Quota Scheme<br />
See previous instructions:<br />
S1.10 Effective 26/03/2012<br />
S1.10 Effective 30/04/2011<br />
S1.10 Effective 04/04/2011<br />
S1.10 Effective 29/11/2010<br />
S1.10.1 Objective<br />
The Samoan Quota Scheme allows up to 1,100 Samoan citizens to be granted a resident visa<br />
each year. The total number of Samoan citizens approved under this category includes<br />
principal applicants, their partners and dependent children.<br />
S1.10.5 Criteria for a resident visa<br />
a. To qualify for a resident visa under the Samoan Quota Scheme, the principal applicant<br />
must:<br />
i be a Samoan citizen (having been born in Samoa or born overseas to a Samoan<br />
citizen who was born in Samoa); and<br />
ii be either in Samoa or lawfully in <strong>New</strong> <strong>Zealand</strong> at the time their application for a<br />
resident visa is made; and<br />
iii have their registration drawn from the Samoan Quota Scheme pool; and<br />
iv lodge their application for a resident visa under the Samoan Quota Scheme within<br />
eight months of written advice from INZ that their registration has been drawn from<br />
the Samoan Quota Scheme pool; and<br />
v have been aged between 18 and 45 (inclusive) at the registration closing date; and<br />
vi have an acceptable offer of employment, or have a partner included in the application<br />
who has an acceptable offer of employment (see S1.10.30 below); and<br />
vii (if they have dependent children) meet the minimum income requirement (see<br />
S1.10.35 below); and<br />
viii meet a minimum level of English language ability (see S1.10.45 below); and<br />
ix meet health and character requirements (see A4 and A5).<br />
b. Partners and dependent children of the principal applicant who are included in the resident<br />
visa application must also meet health and character requirements for a resident visa (see<br />
A4 and A5).
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c. An immigration officer may extend the eight month timeframe referred to in paragraph<br />
(a)(iv) if the officer believes the special circumstances of the applicant justify such an<br />
extension.<br />
d. The Regional Manager (Pacific/Americas), Visa Services may extend the eight month<br />
timeframe referred to in paragraph (a)(iv) in relation to a class of applicants if the<br />
Regional Manager believes the special circumstances of the class of applicants justify such<br />
an extension.<br />
S1.10.10 Registration process for principal registrants<br />
a. Principal registrants may register for entry into the Samoan Quota pool within a set<br />
registration period. The dates of the registration period will be announced each year prior<br />
to the registration opening.<br />
b. Principal registrants must be aged between 18 and 45 (inclusive) at the registration<br />
closing date for their registration to be accepted into the ballot.<br />
c. Registrations must be made on the Registration Form for Samoan Quota Scheme,<br />
available on the INZ website (www.immigration.govt.nz/forms) or from branches of INZ.<br />
d. Registrations must be submitted during the registration period to the appropriate receiving<br />
office specified on the Registration Form for Samoan Quota Scheme.<br />
e. Registrations will be accepted for entry into the ballot only if they are fully completed,<br />
signed by the principal registrant, and accompanied by any documents or evidence<br />
specified as required by the registration form.<br />
f. Any registrants who have previously overstayed in <strong>New</strong> <strong>Zealand</strong>, but have departed<br />
voluntarily, and do not have a removal order or period of prohibition on entry in force in<br />
respect of them, can register under the Samoan Quota Scheme.<br />
g. Any registrants included in a registration must either:<br />
i be in <strong>New</strong> <strong>Zealand</strong> lawfully at the time the registration is made; or<br />
ii be offshore at the time the registration is made.<br />
S1.10.10.1 Definition of 'principal registrant'<br />
The principal registrant is the person who is declared to be the principal registrant on the<br />
registration application form and who intends to be the principal applicant of any resulting<br />
resident visa application.<br />
S1.10.15 Inclusion in registration of immediate family members of the principal<br />
registrant<br />
a. Where the principal registrant has a partner and/or dependent children all of those people<br />
must be included in the registration.<br />
b. If a registration is successful in the pool draw, only a partner and/or dependent children<br />
included in the registration may be included in the resulting application for a resident visa<br />
under the Samoan Quota Scheme. This limitation applies despite R2.1 concerning the<br />
inclusion of family members in an application.<br />
c. Any partner and/or dependent children who were eligible for inclusion in the registration<br />
but were not included must not subsequently be granted a residence class visa under the<br />
Partnership or Dependent Child Categories.
INZ Operational Manual <strong>Residence</strong><br />
d. Despite (b) and (c) above, a partner or dependent child who was included in the<br />
registration but not in the resulting application for a resident visa may be granted a<br />
residence class visa as a principal applicant under the Partnership or Dependent Child<br />
Categories.<br />
e. Notwithstanding (b) above, in the event an applicant includes any partner and/or<br />
dependent child in their application who was not included in their registration, officers<br />
should allow the principal applicant an opportunity to explain the non-declaration in<br />
accordance with R5.15 before applying the limitation referred to in (b).<br />
f. Where a person is not eligible to be included at the time of registration but is eligible at<br />
the time of the application for a resident visa (e.g. in the case of a newborn child), they<br />
may be included in the resident visa application provided R2.1 is met.<br />
S1.10.20 Number of registrations that may be lodged<br />
Registrants must lodge (or be included in) only one registration within the registration period.<br />
If a registration is lodged that includes registrants who are already included in a registration<br />
accepted by INZ, the subsequent registration(s) will not be accepted.<br />
S1.10.25 Selection process following closure of registration<br />
a. As soon as practicable following the closure of the registration period, INZ will conduct an<br />
electronic draw.<br />
b. Registrations will be randomly drawn from the pool until the appropriate number of<br />
potential applicants to fill the number of available places within the annual period has been<br />
drawn.<br />
c. Principal registrants whose registrations have been drawn from the pool will be notified by<br />
INZ in the month following the draw that their registration has been successful, and will be<br />
invited to lodge an application for a resident visa under the Samoan Quota Scheme at the<br />
appropriate receiving office of INZ not more than eight months after the date of that<br />
advice.<br />
S1.10.30 Acceptable offers of employment<br />
a. Acceptable offers of employment may be in either a skilled or unskilled occupation but<br />
must be for ongoing and sustainable employment. Ongoing and sustainable employment is<br />
employment with a single employer:<br />
i in a job which is permanent, or indefinite, and of which the employer is in a position to<br />
meet the terms specified; or<br />
ii for a stated term of at least twelve months with an option for the employee of further<br />
terms, and of which the employer is in a position to meet the terms specified.<br />
Note: When assessing whether employment is sustainable, officers may consider, but are<br />
not limited to, such factors as the residence status of the employer, the period for which<br />
the employing organisation has been established as a going concern, and the financial<br />
sustainability of the employing organisation.<br />
b. Acceptable offers of employment must also be:<br />
i for full-time employment (employment is full-time if it amounts to, on average, at<br />
least 30 hours per week) unless S1.10.35.1 (c) applies; and<br />
ii current at the time of assessing the application and at the time of grant of the visa;<br />
and
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iii genuine; and<br />
iv for a position that is paid by salary or wages (ie, positions of self-employment,<br />
payment by commission and/or retainer are not acceptable); and<br />
v accompanied by evidence of professional or technical registration if this is required by<br />
law to take up the offer; and<br />
vi compliant with all relevant employment law in force in <strong>New</strong> <strong>Zealand</strong>.<br />
c. An acceptable offer of employment must be from an employer who complies with all<br />
relevant employment and immigration law in force in <strong>New</strong> <strong>Zealand</strong>. Compliance with<br />
relevant <strong>New</strong> <strong>Zealand</strong> employment and immigration law will be assessed on the basis of<br />
past and current behaviour, and includes, but is not limited to:<br />
i paying employees no less than the applicable minimum wage rate; and<br />
ii meeting holiday and leave entitlements and other minimum statutory requirements;<br />
and<br />
iii meeting occupational safety and health obligations; and<br />
iv only employing people who are entitled to work in <strong>New</strong> <strong>Zealand</strong>.<br />
d. If the principal applicant has dependent children, the offer of employment must also meet<br />
the minimum income requirement set out at S1.10.35 below.<br />
S1.10.35 Minimum income requirement<br />
a. Principal applicants with dependent children must show that they will meet the minimum<br />
income requirement if they come to <strong>New</strong> <strong>Zealand</strong>, which is intended to ensure they can<br />
support themselves and their dependent children.<br />
b. The gross minimum income requirement is $31,547.36. This is based on the<br />
Unemployment Benefit (married and civil union rate) plus the maximum Accommodation<br />
Supplement (as set by the <strong>New</strong> <strong>Zealand</strong> Government).<br />
c. The minimum income requirement must be derived from an acceptable offer of<br />
employment - see S1.10.30.<br />
S1.10.35.1 Ability to include partner's income as part of the minimum income<br />
requirement<br />
a. If both the principal applicant and their partner included in their application have an<br />
acceptable offer of employment in <strong>New</strong> <strong>Zealand</strong>, both of their wages or salaries may be<br />
taken into account when determining if the minimum income requirement is met.<br />
b. In such cases the partner's employment and income will only be taken into account if, at<br />
the time the application is assessed, an immigration officer is satisfied the principal<br />
applicant and partner have been living together for 12 months or more in a partnership<br />
that is genuine and stable (see R2.1.15.1(b) and R2.1.15.5(a)(i)).<br />
c. Where the employment (and income) of both the principal applicant and their partner is<br />
used to meet the minimum income requirement, both offers of employment must meet all<br />
the requirements in S1.10.30 except that only one has to meet the requirement that the<br />
offer be for full-time employment.<br />
S1.10.40 Evidence of employment offer<br />
a. Evidence of an offer of employment is original or certified copies of the following<br />
documents:
INZ Operational Manual <strong>Residence</strong><br />
i a written offer of employment; and<br />
ii a detailed job description; and<br />
iii an employment agreement entered into by the employer and the principal applicant,<br />
stating:<br />
the terms of employment; and<br />
the hours of work; and<br />
the period during which employment may begin.<br />
b. Additional evidence may include, but is not limited to:<br />
i any information requested by INZ; and<br />
ii the results of any verification undertaken by INZ; and<br />
iii information from the employer or recruitment agency.<br />
S1.10.45 Minimum English language requirement<br />
The interviewing immigration officer determines whether principal applicants meet the<br />
minimum English language requirement by assessing whether they are able to:<br />
a. read English; and<br />
b. understand and respond to questions in English; and<br />
c. maintain an English language conversation about themselves, their family or their<br />
background.<br />
S1.10.50 Determining applications<br />
a. The immigration officer must sight the original job offer and verify that it is genuine and<br />
current by checking:<br />
i directly with the employer; or<br />
ii through the nearest branch office of INZ to the employer in <strong>New</strong> <strong>Zealand</strong>; or<br />
iii by some other appropriate arrangement.<br />
b. The immigration officer must then assess the applicant's English language ability against<br />
the criteria at S1.10.45 above.<br />
S1.10.55 Grant of visas<br />
a. If an application for a resident visa under the Samoan Quota Scheme is approved and the<br />
applicant is in <strong>New</strong> <strong>Zealand</strong> lawfully, a resident visa will be granted.<br />
b. If an application for a resident visa under the Samoan Quota Scheme is approved and the<br />
applicant is in Samoa, the principal applicant will be granted with a resident visa with<br />
travel conditions allowing first entry within three months, while the partner and dependent<br />
children will be granted resident visas with travel conditions allowing first entry within 12<br />
months.<br />
S1.11 Residual Quota Places Category<br />
Effective 01/07/2012<br />
a. If the annual quota of places available under the Samoan Quota Scheme is not filled by<br />
applicants drawn from the ballot, INZ will, for the purpose of filling remaining places, call<br />
for resident visa applications within a specified period from persons who:
<strong>Residence</strong> INZ Operational Manual<br />
i are Samoan citizens (having been born in Samoa or born overseas to a Samoan citizen<br />
who was born in Samoa); and<br />
ii are in <strong>New</strong> <strong>Zealand</strong> at the time applications are called for under this category; and<br />
iii are lawfully in <strong>New</strong> <strong>Zealand</strong> at the time their application for a resident visa is made;<br />
and<br />
iv are aged between 18 and 45 inclusive; and<br />
v have an acceptable offer of employment or have a partner, included in the application,<br />
who has an acceptable offer of employment (see S1.10.30); and<br />
vi meet the minimum income requirement (see S1.10.35) if they have dependants; and<br />
vii meet a minimum level of English language ability (see S1.10.45); and<br />
viii meet health and character requirements (see A4 and A5).<br />
b. Partners and dependent children accepted under the Quota must meet health and<br />
character requirements (see A4 and A5).<br />
c. Applications will only be accepted if sent to the designated receiving office in <strong>New</strong> <strong>Zealand</strong><br />
on the form Application for <strong>Residence</strong> in <strong>New</strong> <strong>Zealand</strong> (INZ 1000)<br />
d. Applications that are lodged in the prescribed manner (that meet all mandatory lodgement<br />
requirements) will be processed in the order in which they are received.<br />
e. Applicants who meet the criteria specified in (a) to (c) above will be granted a resident<br />
visa.<br />
f. All applications received that have not been decided at the time that all the remaining<br />
places from the annual quota have been filled will be treated as lapsed.<br />
S1.40 Pacific Access Category<br />
See previous instructions:<br />
S1.40 Effective 26/03/2012<br />
S1.40 Effective 30/04/2011<br />
S1.40 Effective 04/04/2011<br />
S1.40 Effective 29/11/2010<br />
S1.40.1 Objective<br />
Effective 29/11/2010<br />
The Pacific Access Category allows up to 250 citizens of Tonga, 75 citizens of Tuvalu, and 75<br />
citizens of Kiribati to be granted residence class visas in <strong>New</strong> <strong>Zealand</strong> each year. The total<br />
number of individuals approved under each category includes principal applicants, their<br />
partners and dependent children.<br />
S1.40.5 Criteria for a resident visa<br />
a. To qualify for a resident visa under the Pacific Access Category, the principal applicant<br />
must:<br />
i be a citizen of Tonga, Tuvalu, or Kiribati; and<br />
ii have their Pacific Access Category registration drawn from the relevant Tonga, Tuvalu,<br />
or Kiribati pool of the Pacific Access Category; and<br />
iii lodge their application for a resident visa under the Pacific Access Category within<br />
eight months of written advice from INZ that their registration has been drawn from<br />
the relevant Tonga, Tuvalu, or Kiribati pool of the Pacific Access Category; and
INZ Operational Manual <strong>Residence</strong><br />
iv have been aged between 18 and 45 (inclusive) at the registration closing date; and<br />
v have an acceptable offer of employment or have a partner, included in the application,<br />
who has an acceptable offer of employment (see S1.40.30 below); and<br />
vi (if they have dependent children) meet the minimum income requirement set out at<br />
S1.40.35 below; and<br />
vii meet a minimum level of English language ability (see S1.40.45 below); and<br />
viii meet health and character requirements (see A4 and A5).<br />
b. Principal applicants who are citizens of Tonga must be:<br />
i either in Tonga or lawfully in <strong>New</strong> <strong>Zealand</strong> at the time their application under the<br />
Pacific Access Category is made; and<br />
ii must have been born in Tonga or born overseas to a Tongan citizen who was born in<br />
Tonga.<br />
c. Principal applicants who are citizens of Kiribati must be:<br />
i either in Kiribati or Fiji or lawfully in <strong>New</strong> <strong>Zealand</strong> at the time their application under<br />
the Pacific Access Category is made; and<br />
ii must have been born in Kiribati or born overseas to a Kiribati citizen who was born in<br />
Kiribati.<br />
d. Principal applicants who are citizens of Tuvalu must be:<br />
i either in Tuvalu or Fiji or lawfully in <strong>New</strong> <strong>Zealand</strong> at the time their application under<br />
the Pacific Access Category is made; and<br />
ii must have been born in Tuvalu or born overseas to a Tuvaluan citizen who was born in<br />
Tuvalu.<br />
e. Partners and dependent children included in applications under the Pacific Access Category<br />
must also meet health and character requirements (see A4 and A5).<br />
f. An immigration officer may extend the eight-month timeframe referred to in paragraph<br />
(a)(iii) if the officer believes the special circumstances of the applicant justify such an<br />
extension.<br />
g. The Regional Manager (Pacific/Americas), Visa Services may extend the eight-month<br />
timeframe referred to in paragraph (a)(iii) in relation to a class of applicants if the<br />
Regional Manager believes the special circumstances of the class of applicants justify such<br />
an extension.<br />
S1.40.10 Registration process for principal registrants<br />
a. Principal registrants may register for entry into the relevant Tonga, Tuvalu, or Kiribati pool<br />
of the Pacific Access Category within a set registration period. The dates of the registration<br />
period will be announced each year prior to the registration opening.<br />
b. Principal registrants must be aged between 18 and 45 (inclusive) at the registration<br />
closing date for their registration to be accepted into the ballot.<br />
c. Registrations must be made on the Registration Form for Pacific Access Category, available<br />
on the INZ website (www.immigration.govt.nz) or from branches of INZ.<br />
d. Registrations must be submitted during the registration period to the appropriate receiving<br />
office specified on the Registration Form for Pacific Access Category.
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e. Registrations will be accepted for entry into the ballot only if they are fully completed,<br />
signed by the principal registrant, and accompanied by any documents or evidence as<br />
required by the registration form.<br />
f. A fee is payable for registration. Payment must be made in a manner specified on the<br />
Registration Form for Pacific Access Category.<br />
g. Any registrants who have previously overstayed in <strong>New</strong> <strong>Zealand</strong>, but have departed<br />
voluntarily, and do not have a removal or deportation order in force in respect of them,<br />
can register under the Pacific Access Category.<br />
h. Any registrants included in a registration must either:<br />
i be in <strong>New</strong> <strong>Zealand</strong> lawfully at the time the registration is made; or<br />
ii be offshore at the time the registration is made.<br />
S1.40.10.1 Definition of 'principal registrant'<br />
The principal registrant is the person who is declared to be the principal registrant on the<br />
registration application form and who intends to be the principal applicant of any resulting<br />
residence class visa application.<br />
S1.40.15 Inclusion in registration of immediate family members of the principal<br />
registrant<br />
a. Where the principal registrant has a partner and/or dependent children all of those people<br />
must be included in the registration.<br />
b. If a registration is successful in the pool draw, only a partner and/or dependent children<br />
included in the registration may be included in the resulting application for a resident visa<br />
under the Pacific Access Category. This limitation applies despite R2.1 concerning the<br />
inclusion of family members in an application.<br />
c. Any partner and/or dependent children who were eligible for inclusion in the registration<br />
but were not included must not subsequently be granted a residence class visa under the<br />
Partnership or Dependent Child Categories.<br />
d. Despite (b) and (c) above, a partner or dependent child who was included in the<br />
registration but not in the resulting application for a resident visa may be granted a<br />
residence class visa as a principal applicant under the Partnership or Dependent Child<br />
Categories.<br />
e. Notwithstanding (b) above, in the event an applicant includes any partner and/or<br />
dependent child in their application who was not included in their registration, officers<br />
should allow the principal applicant an opportunity to explain the non-declaration in<br />
accordance with R5.15 before applying the limitation referred to in (b).<br />
f. Where a person is not eligible to be included at the time of registration but is eligible at<br />
the time of the application for a resident visa (e.g. in the case of a newborn child), they<br />
may be included in the resident visa application provided R2.1 is met.<br />
S1.40.20 Number of registrations that may be lodged<br />
Registrants must lodge (or be included in) only one registration within the registration period.<br />
If a registration is lodged that includes registrants who are already included in a registration<br />
accepted by INZ, the subsequent registration(s) will not be accepted.
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S1.40.25 Selection process following closure of registration<br />
a. INZ will conduct an electronic draw as soon as practicable after the closure of the<br />
registration period.<br />
b. Registrations will be randomly drawn from the pool of registrations, until the appropriate<br />
number of potential registrants to meet the various quotas of available places within the<br />
annual period has been drawn.<br />
c. Principal registrants whose registrations have been drawn from the various pools will be<br />
notified by INZ in the month following the draw that their registration has been successful<br />
and that they must lodge a full application under the Pacific Access Category to the<br />
appropriate receiving office of INZ not more than eight months after the date of that<br />
advice.<br />
d. Principal registrants who are unsuccessful in the registration process within a particular<br />
registration period are able to re-register within subsequent registration periods at a<br />
reduced fee.<br />
S1.40.30 Acceptable offers of employment<br />
a. Acceptable offers of employment may be in either a skilled or unskilled occupation but<br />
must be for ongoing and sustainable employment. Ongoing and sustainable employment is<br />
employment with a single employer:<br />
i in a job which is permanent, or indefinite, and of which the employer is in a position to<br />
meet the terms specified; or<br />
ii for a stated term of at least twelve months with an option for the employee of further<br />
terms, and of which the employer is in a position to meet the terms specified.<br />
Note: When assessing whether employment is sustainable, officers may consider, but are<br />
not limited to, such factors as the residence status of the employer, the period for which<br />
the employing organisation has been established as a going concern, and the financial<br />
sustainability of the employing organisation.<br />
b. Acceptable offers of employment must also be:<br />
i for full-time employment (employment is full-time if it amounts to, on average, at<br />
least 30 hours per week) unless S1.40.35.1 (c) applies; and<br />
ii current at the time of assessing the application and at the time of grant the visa; and<br />
iii genuine; and<br />
iv for a position that is paid by salary or wages (ie, positions of self-employment,<br />
payment by commission and/or retainer are not acceptable); and<br />
v accompanied by evidence of professional or technical registration if this is required by<br />
law to take up the offer; and<br />
vi compliant with all relevant employment law in force in <strong>New</strong> <strong>Zealand</strong>.<br />
c. An acceptable offer of employment must be from an employer who complies with all<br />
relevant employment and immigration law in force in <strong>New</strong> <strong>Zealand</strong>. Compliance with<br />
relevant <strong>New</strong> <strong>Zealand</strong> employment and immigration law will be assessed on the basis of<br />
past and current behaviour, and includes, but is not limited to:<br />
i paying employees no less than the applicable minimum wage rate; and<br />
ii meeting holiday and leave entitlements and other minimum statutory requirements;<br />
and<br />
iii meeting occupational safety and health obligations; and
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iv only employing people who are entitled to work in <strong>New</strong> <strong>Zealand</strong>.<br />
d. If the principal applicant has dependent children, the offer of employment must also meet<br />
the minimum income requirement set out at S1.40.35 below.<br />
S1.40.35 Minimum income requirement<br />
a. Principal applicants with dependent children must show that they will meet the minimum<br />
income requirement if they come to <strong>New</strong> <strong>Zealand</strong>, which is intended to ensure they can<br />
support themselves and their dependent children.<br />
b. The gross minimum income requirement is $31,547.36. This is based on the<br />
Unemployment Benefit (married and civil union rate) plus the maximum Accommodation<br />
Supplement (as set by the <strong>New</strong> <strong>Zealand</strong> Government).<br />
c. The minimum income requirement must be derived from the acceptable offer of<br />
employment - see S1.40.30.<br />
S1.40.35.1 Ability to include the partner's income as part of the minimum income<br />
requirement<br />
a. If both the principal applicant and their partner included in their application have an<br />
acceptable offer of employment in <strong>New</strong> <strong>Zealand</strong>, both of their wages or salaries may be<br />
taken into account when determining if the minimum income requirement is met.<br />
b. In such cases the partner's employment and income will only be taken into account if, at<br />
the time the application is assessed, an immigration officer is satisfied the principal<br />
applicant and partner have been living together for 12 months or more in a partnership<br />
that is genuine and stable (see R2.1.15.1(b) and R2.1.15.5(a)(i)).<br />
c. Where the employment (and income) of both the principal applicant and their partner is<br />
used to meet the minimum income requirement, both offers of employment must meet all<br />
the requirements in S1.40.30, except that only one has to meet the requirement that the<br />
offer be for full-time employment.<br />
S1.40.40 Evidence of employment offer<br />
a. Evidence of an offer of employment is original or certified copies of the following<br />
documents:<br />
i a written offer of employment; and<br />
ii a detailed job description; and<br />
iii a letter from the employer stating whether or not any occupational registration is<br />
required by law for the principal applicant to take up the position; and<br />
iv an employment agreement entered into by the employer and the principal applicant,<br />
stating:<br />
the terms of employment; and<br />
the hours of work; and<br />
the period during which employment may begin.<br />
b. Additional evidence may include, but is not limited to:<br />
i any information requested by INZ; and<br />
ii the results of any verification undertaken by INZ; and<br />
iii information from the employer or recruitment agency.
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S1.40.45 Minimum English language requirement<br />
<strong>Immigration</strong> officers determine whether principal applicants meet the minimum English<br />
language requirement by assessing whether they are able to:<br />
a. read English; and<br />
b. understand and respond to questions in English; and<br />
c. maintain an English language conversation about themselves, their family or their<br />
background.<br />
S1.40.50 Determining applications<br />
a. <strong>Immigration</strong> officers must sight the original job offer and verify that it is genuine and<br />
current by checking:<br />
i directly with the employer; or<br />
ii through the nearest branch office of INZ to the employer in <strong>New</strong> <strong>Zealand</strong>; or<br />
iii by some other appropriate arrangement.<br />
b. <strong>Immigration</strong> officers must assess the applicant's English language ability against the<br />
criteria at S1.40.45 above.<br />
S1.40.55 Grant of visas<br />
a. If an application for a resident visa under the Pacific Access Category is approved and the<br />
applicant is in <strong>New</strong> <strong>Zealand</strong> lawfully, a resident visa will be granted.<br />
b. If an application for a resident visa under the Pacific Access Category is approved and the<br />
applicant is in Tonga, Kiribati, Tuvalu, or Fiji, the principal applicant will be granted a<br />
resident visa with travel conditions allowing first entry within three months, while the<br />
partner and dependent children will be granted resident visas with travel conditions<br />
allowing first entry within 12 months.<br />
S1.41 Residual PAC Places Category<br />
Effective 01/07/2012<br />
a. If the annual quota of places available for each country under the Pacific Access Category<br />
is not filled by applicants drawn from the ballots, INZ will, for the purpose of filling<br />
remaining places, call for resident visa applications within a specified period from persons<br />
who:<br />
i are citizens of the countries that have unfilled places; and<br />
ii are in <strong>New</strong> <strong>Zealand</strong> at the time applications are called for under this category; and<br />
iii are lawfully in <strong>New</strong> <strong>Zealand</strong> at the time their application for a resident visa is made;<br />
and<br />
iv have an acceptable offer of employment or have a partner, included in the application,<br />
who has an acceptable offer of employment (see S1.40.30); and<br />
v are aged between 18 and 45 inclusive; and<br />
vi meet the minimum income requirement (see S1.40.35) if they have dependants; and<br />
vii meet a minimum level of English language ability (see S1.40.45); and<br />
viii meet health and character requirements (see A4 and A5).
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b. Principal applicants who are citizens of Tonga must have been born in Tonga or born<br />
overseas to a Tongan citizen who was born in Tonga.<br />
c. Principal applicants who are citizens of Kiribati must have been born in Kiribati or born<br />
overseas to a Kiribati citizen who was born in Kiribati.<br />
d. Principal applicants who are citizens of Tuvalu must have been born in Tuvalu or born<br />
overseas to a Tuvaluan citizen who was born in Tuvalu.<br />
e. Partners and dependent children included in applications under the Pacific Access Category<br />
must meet health and character requirements (see A4 and A5).<br />
f. Applications will only be accepted if sent to the designated receiving office in <strong>New</strong> <strong>Zealand</strong><br />
on the form Application for <strong>Residence</strong> in <strong>New</strong> <strong>Zealand</strong> (INZ 1000).<br />
g. Applications that are lodged in the prescribed manner (that meet all mandatory lodgement<br />
requirements) will be processed in the order in which they are received.<br />
h. Applicants who meet the criteria specified in (a) to (f) above will be granted a resident<br />
visa.<br />
i. All applications received that have not been decided at the time that all the remaining<br />
places from the annual quota have been filled will be treated as lapsed.<br />
S1.45 Special Samoan Quota Places Category<br />
S1.45.1 Objective<br />
Effective 29/11/2010<br />
This category allows for the grant of a resident visa to citizens of Samoa who made an<br />
application for a resident visa under the Residual Quota Places Category and that application<br />
had not been decided as at 7 December 2008.<br />
S1.45.5 Criteria for a resident visa<br />
a. To qualify for a resident visa under the Special Samoan Quota Places Category, the<br />
principal applicant must:<br />
i be a Samoan citizen (having been born in Samoa or born overseas to a Samoan<br />
citizen who was born in Samoa); and<br />
ii have made an application for a resident visa under the Residual Quota Places Category<br />
before 28 November 2005 which was not decided as at 7 December 2008; and<br />
iii have withdrawn that undecided application after 7 December 2008; and<br />
iv have an acceptable offer of employment or have a partner, included in the application,<br />
who has an acceptable offer of employment (see S1.45.10 below); and<br />
v meet the minimum income requirement (see S1.45.15 below) if they have<br />
dependants; and<br />
vi meet a minimum level of English language ability (see S1.45.20 below); and<br />
vii meet health and character requirements (see A4 and A5).<br />
b. Partners and dependent children accepted under this category must meet health and<br />
character requirements (see A4 and A5).
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c. Applications will only be accepted on the Application for Special Samoan Quota Places form<br />
and should be sent to the designated receiving office in <strong>New</strong> <strong>Zealand</strong>.<br />
d. Applications that are made in the prescribed manner (that meet all mandatory lodgement<br />
requirements) will be processed in the order in which they are received.<br />
e. Applications must have been made before or on 31 March 2009.<br />
S1.45.10 Acceptable offers of employment<br />
a. Acceptable offers of employment may be in either a skilled or unskilled occupation but<br />
must be for ongoing and sustainable employment. Ongoing and sustainable employment is<br />
employment with a single employer:<br />
i in a job which is permanent, or indefinite, and for which the employer is in a position<br />
to meet the terms specified; or<br />
ii for a stated term of at least twelve months with an option for the employee of further<br />
terms, and for which the employer is in a position to meet the terms specified.<br />
Note: When assessing whether employment is sustainable, officers may consider, but are<br />
not limited to, such factors as the residence status of the employer, the period for which<br />
the employing organisation has been established as a going concern, and the financial<br />
sustainability of the employing organisation.<br />
b. Acceptable offers of employment must also be:<br />
i for full-time employment (employment is full-time if it amounts to, on average, at<br />
least 30 hours per week); and<br />
ii current at the time of assessing the application and at the time of the grant of the<br />
visa; and<br />
iii genuine; and<br />
iv for a position that is paid by salary or wages (ie, positions of self-employment,<br />
payment by commission and/or retainer are not acceptable); and<br />
v accompanied by evidence of professional or technical registration if this is required by<br />
law to take up the offer; and<br />
vi compliant with all relevant employment law in force in <strong>New</strong> <strong>Zealand</strong>.<br />
Note: Compliance with relevant <strong>New</strong> <strong>Zealand</strong> employment law includes but is not limited to:<br />
~ a written employment agreement that contains the necessary statutory specified terms and conditions<br />
~ paying employees no less than the appropriate adult or youth minimum wage<br />
~ meeting holiday and special leave requirements and other minimum statutory criteria<br />
~ meeting occupational safety and health obligations.<br />
c. If the principal applicant has dependent children, the offer of employment must also meet<br />
the minimum income requirement set out at S1.45.15 below.<br />
S1.45.15 Minimum income requirement<br />
a. Principal applicants with dependent children must show that they will meet the minimum<br />
income requirement if they come to <strong>New</strong> <strong>Zealand</strong>, which is intended to ensure they can<br />
support themselves and any dependants.<br />
b. The gross minimum income requirement for the purposes of this category is $25,585.<br />
c. The salary or wages specified in the acceptable offer of employment (see S1.45.10) must<br />
be equal to or more than the gross minimum income requirement.
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d. However, if the principal applicant does not have a job offer or if their income does not<br />
meet (b) above, their partner's acceptable job offer may be taken into account when<br />
determining if the minimum income requirement is met. An immigration officer must be<br />
satisfied (at the time the application is assessed) that the principal applicant and partner<br />
have been living together for 12 months or more in a partnership that is genuine and<br />
stable - see R2.1.15.1(b) and R2.1.15.5(a)(i). The offers of employment must meet all the<br />
requirements in S1.45.10, except that only one has to meet the requirement that the offer<br />
be for full-time employment.<br />
S1.45.20 Minimum English language requirement<br />
a. <strong>Immigration</strong> officers determine whether principal applicants meet the minimum English<br />
language requirement by assessing whether they are able to:<br />
i read English; and<br />
ii understand and respond to questions in English; and<br />
iii maintain an English language conversation about themselves, their family or their<br />
background.<br />
Effective 29/11/2010<br />
S1.50 Special PAC Places Category<br />
S1.50.1 Objective<br />
This category allows for the grant of a resident visa to citizens of Tonga, Tuvalu, Kiribati or Fiji<br />
who made an application for a resident visa under the Residual PAC Places Category and that<br />
application had not been decided as at 7 December 2008.<br />
S1.50.5 Criteria for a resident visa<br />
a. To qualify for a resident visa under the Special PAC Places Category, the principal<br />
applicant must:<br />
i be a citizen of Tonga, Tuvalu, Kiribati or Fiji;<br />
ii have made an application for a resident visa under the Residual PAC Places<br />
Instructions before 28 November 2005 which was not decided as at 7 December 2008;<br />
and<br />
iii have withdrawn that undecided application after 7 December 2008; and<br />
iv have an acceptable offer of employment or have a partner, included in the application,<br />
who has an acceptable offer of employment (see S1.50.10 below); and<br />
v meet the minimum income requirement (see S1.50.15) if they have dependants; and<br />
vi meet a minimum level of English language ability (see S1.50.20); and<br />
vii meet health and character requirements (see A4 and A5).<br />
b. Principal applicants who are citizens of Tonga must have been born in Tonga or born<br />
overseas to a Tongan citizen who was born in Tonga.<br />
c. Principal applicants who are citizens of Kiribati must have been born in Kiribati or born<br />
overseas to a Kiribati citizen who was born in Kiribati.<br />
d. Principal applicants who are citizens of Tuvalu must have been born in Tuvalu or born<br />
overseas to a Tuvaluan citizen who was born in Tuvalu.
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e. Principal applicants who are citizens of Fiji must have been born in Fiji or born overseas to<br />
a Fijian citizen who was born in Fiji.<br />
f. Partners and dependent children accepted under this category must meet health and<br />
character requirements (see A4 and A5).<br />
g. Applications will only be accepted on the Application for Special PAC Places Instructions<br />
form and should be sent to the designated receiving office in <strong>New</strong> <strong>Zealand</strong>.<br />
h. Applications that are made in the prescribed manner (that meet all mandatory lodgement<br />
requirements) will be processed in the order in which they are received.<br />
i. Applications must be made before or on 31 March 2009.<br />
S1.50.10 Acceptable offers of employment<br />
a. Acceptable offers of employment may be in either a skilled or unskilled occupation but<br />
must be for ongoing and sustainable employment. Ongoing and sustainable employment is<br />
employment with a single employer:<br />
i in a job which is permanent, or indefinite, and for which the employer is in a position<br />
to meet the terms specified; or<br />
ii for a stated term of at least twelve months with an option for the employee of further<br />
terms, and for which the employer is in a position to meet the terms specified.<br />
Note: When assessing whether employment is sustainable, officers may consider, but are<br />
not limited to, such factors as the residence status of the employer, the period for which<br />
the employing organisation has been established as a going concern, and the financial<br />
sustainability of the employing organisation.<br />
b. Acceptable offers of employment must also be:<br />
i for full-time employment (employment is full-time if it amounts to, on average, at<br />
least 30 hours per week); and<br />
ii current at the time of assessing the application and at the time of the grant of the<br />
visa; and<br />
iii genuine; and<br />
iv for a position that is paid by salary or wages (ie, positions of self-employment,<br />
payment by commission and/or retainer are not acceptable); and<br />
v accompanied by evidence of professional or technical registration if this is required by<br />
law to take up the offer; and<br />
vi compliant with all relevant employment law in force in <strong>New</strong> <strong>Zealand</strong>.<br />
Note: Compliance with relevant <strong>New</strong> <strong>Zealand</strong> employment law includes but is not limited to:<br />
~ a written employment agreement that contains the necessary statutory specified terms and conditions<br />
~ paying employees no less than the appropriate adult or youth minimum wage<br />
~ meeting holiday and special leave requirements and other minimum statutory criteria<br />
~ meeting occupational safety and health obligations.<br />
c. If the principal applicant has dependent children, the offer of employment must also meet<br />
the minimum income requirement set out at S1.50.15 below.
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S1.50.15 Minimum income requirement<br />
a. Principal applicants with dependent children must show that they will meet the minimum<br />
income requirement if they come to <strong>New</strong> <strong>Zealand</strong>, which is intended to ensure they can<br />
support themselves and any dependants.<br />
b. The gross minimum income requirement for the purposes of this category is $25,585.<br />
c. The salary or wages specified in the acceptable offer of employment (see S1.50.10) must<br />
be equal to or more than the gross minimum income requirement.<br />
d. However, if the principal applicant does not have a job offer or if their income does not<br />
meet (b) above, their partner's acceptable job offer may be taken into account when<br />
determining if the minimum income requirement is met. An immigration officer must be<br />
satisfied (at the time the application is assessed) that the principal applicant and partner<br />
have been living together for 12 months or more in a partnership that is genuine and<br />
stable - see R2.1.15.1(b) and R2.1.15.5(a)(i). The offers of employment must meet all the<br />
requirements in S1.50.10, except that only one has to meet the requirement that the offer<br />
be for full-time employment.<br />
S1.50.20 Minimum English language requirement<br />
a. <strong>Immigration</strong> officers determine whether principal applicants meet the minimum English<br />
language requirement by assessing whether they are able to:<br />
i read English; and<br />
ii understand and respond to questions in English; and<br />
iii maintain an English language conversation about themselves, their family or their<br />
background.<br />
Effective 29/11/2010
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S2 SPECIAL DIRECTIONS INSTRUCTIONS<br />
S2.1 Requests for special directions<br />
See also <strong>Immigration</strong> Act 2009 ss 17, 378<br />
See also <strong>Immigration</strong> Regulation 2010 reg 34<br />
a. In the context of special directions instructions, requests for special directions are limited<br />
to people described by sections 15 or 16 of the <strong>Immigration</strong> Act 2009 (see A5.20 (b)) who<br />
are not eligible for a residence class visa.<br />
b. If there are sufficient grounds to consider granting a residence class visa to a person not<br />
eligible for a visa (see A5.25), the processing officer may invite the applicant to request a<br />
special direction (RA7) authorising the grant of a residence class visa.<br />
c. An invitation may be made only in cases involving exceptional circumstances, usually of a<br />
humanitarian nature, where, but for sections 15 or 16 of the <strong>Immigration</strong> Act 2009, the<br />
person concerned is otherwise eligible for the grant of a residence class visa under<br />
residence instructions.<br />
d. Despite paragraph (b), if INZ receives a request without having made an invitation, it may<br />
consider that request.<br />
e. Neither the Minister of <strong>Immigration</strong> nor INZ is obliged to consider any request for a special<br />
direction.<br />
S2.5 Procedure<br />
Effective 29/11/2010<br />
a. Applicants must make the request in writing and must include the reasons why they<br />
consider they should be granted a special direction.<br />
Note: The request is not in itself an application for a visa. If an application for a residence<br />
class visa has not been made and the request for a special direction is granted, a formal<br />
application must follow.<br />
b. Applicants overseas who request a special direction should make their request to the<br />
nearest branch of INZ or accredited MFAT post in their country of residence.<br />
c. Applicants within <strong>New</strong> <strong>Zealand</strong> should make requests to a branch of INZ.<br />
d. If the request is granted, applicants should be advised that a special direction will be made<br />
(and if necessary, a temporary visa granted under section 61 to allow the residence class<br />
visa application to be made) once they pay the fee for a special direction.<br />
e. Applications for a residence class visa may then be processed in the usual way, once the<br />
appropriate application fee for the visa has been paid.
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f. If a request is refused, neither the Minister of <strong>Immigration</strong> nor INZ is obliged to give<br />
reasons for any decision other than the fact that under section 11(c) of the <strong>Immigration</strong><br />
Act 2009 he or she is not obliged to give reasons for refusing to make a special direction;<br />
and section 23 of the Official Information Act 1982 (concerning access for reasons for<br />
decisions) and section 27 of the <strong>Immigration</strong> Act 2009 do not apply.<br />
S2.10 Requests from prohibited people<br />
Effective 29/11/2010<br />
Requests for special directions in relation to people prohibited under sections 15 or 16 of the<br />
<strong>Immigration</strong> Act 2009 from being granted a residence class visa, are decided at various levels,<br />
depending on their category under sections 15 or 16.<br />
S2.10.1 Requests from prohibited people<br />
a. Unless the Minister of <strong>Immigration</strong> has previously declined a request for a special<br />
direction, the request should be referred to an officer with Schedule 1-2 delegations for a<br />
decision to approve or decline.<br />
b. If the Minister previously declined a special direction request, the request should be<br />
referred to the Resolutions Branch, which will then forward it to the Minister for decision.<br />
S2.10.5 People prohibited under section 15(1)(c)(d)(e) or (f)<br />
a. The request should be referred to the Resolutions Branch along with supporting comment<br />
and a recommendation from the processing officer.<br />
b. The Resolutions Branch will then forward the request to the Minister of <strong>Immigration</strong> for<br />
decision.<br />
S2.10.10 People prohibited under section 15(1)(a) or section 16<br />
a. An officer with Schedule 1-2 delegations may make a decision to decline the request.<br />
b. Possible approvals should be referred to the Resolutions Branch, along with supporting<br />
comment.<br />
c. The Resolutions Branch will then forward the request to the Minister of <strong>Immigration</strong> for<br />
decision.<br />
S2.10.15 People prohibited under section 15(1)(b)<br />
a. An officer with Schedule 1-2 delegations may make a decision to decline or approve the<br />
request.<br />
b. Any approval of a request for a special direction authorising the grant of a residence class<br />
visa requires the person making the request to be otherwise eligible for the grant of<br />
residence class visa under residence instructions.<br />
Effective 29/11/2010
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S3 REFUGEE AND PROTECTION CATEGORY<br />
S3.1 Objective<br />
<strong>New</strong> <strong>Zealand</strong>'s refugee and protection instructions:<br />
a. reflects the Government's commitment to fulfilling its international humanitarian<br />
obligations; and<br />
b. contributes to the global community's efforts to assist refugees and protected people.<br />
S3.5 Categories of refugees and protected persons<br />
See previous instructions S3.5 Effective 29/11/2010<br />
a. <strong>New</strong> <strong>Zealand</strong> provides assistance to two categories of refugee:<br />
Effective 29/11/2010<br />
i Mandated refugees (people determined to be refugees by the United Nations High<br />
Commission for Refugees (UNHCR) before arrival in <strong>New</strong> <strong>Zealand</strong>); and<br />
ii Convention refugees (people given refugee status by the <strong>New</strong> <strong>Zealand</strong> Government<br />
under the 1951 Convention Relating to the Status of Refugees and the 1967 Protocol<br />
Relating to the Status of Refugees (see C2.5)).<br />
b. The Government sets the number of places available for mandated refugees under the<br />
Refugee Quota (currently 750 persons per year).<br />
c. <strong>New</strong> <strong>Zealand</strong> also provides assistance to people recognised as a protected person in <strong>New</strong><br />
<strong>Zealand</strong> in accordance with certain obligations under the 1984 Convention Against Torture<br />
and Other Cruel, Inhuman or Degrading Treatment or Punishment or the 1966<br />
International Covenant on Civil and Political Rights.<br />
S3.10 Permanent resident visas for refugees and protected persons<br />
See previous instructions S3.10 Effective 29/11/2010<br />
Effective 26/03/2012<br />
a. Mandated refugees who meet the requirements at S3.22 may be granted permanent<br />
resident visas.<br />
b. <strong>Immigration</strong> officers may, at their discretion, grant permanent resident visas to<br />
"Convention" refugees and protected persons (see C5.15.1).<br />
c. All refugee claimants who are recognised as having refugee status may apply for a<br />
permanent resident visa on the basis of that recognition.<br />
d. Protection claimants who are recognised as having protection status may apply for a<br />
permanent resident visa on the basis of that recognition, unless, in determining any<br />
refugee or protection claim they made, one or more of the following applied:<br />
i they were excluded from being granted refugee status by Article 1F of the Refugee<br />
Convention;<br />
ii they have had a refugee claim or subsequent refugee claim not accepted for<br />
consideration on the basis of sections 134(3) or 140(1)(b) of the <strong>Immigration</strong> Act<br />
2009;
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iii a refugee and protection officer has determined there are serious reasons for<br />
considering a protected person has committed an act as outlined in section 137(2) of<br />
the <strong>Immigration</strong> Act 2009.<br />
e. Protected persons to whom S3.10(d) applies will have their immigration status determined<br />
by the Minister of <strong>Immigration</strong>.<br />
f. Applicants eligible to apply for a permanent resident visa may include dependants in the<br />
application in accordance with residence instructions (see R2).<br />
Effective 26/03/2012<br />
S3.15 Requirements for making an application for grant of a permanent<br />
resident visa (refugee or protection status)<br />
See previous instructions:<br />
S3.15 Effective 26/03/2012<br />
S3.15 Effective 29/11/2010<br />
a. Applications for a permanent resident visa that are based on the recognition of <strong>New</strong><br />
<strong>Zealand</strong> refugee or protection status must be made in the prescribed manner (see R2.40).<br />
The application must include a copy of the letter confirming the grant of refugee or<br />
protection status.<br />
b. Applications may be made at any <strong>New</strong> <strong>Zealand</strong> branch of INZ.<br />
c. Appropriately delegated immigration officers may waive by special direction:<br />
i the application fee for the principal applicant and any partner and/or dependent<br />
child(ren) recorded in the refugee or protection status application; and<br />
ii the requirement to submit an overseas police clearance certificate from the country or<br />
countries in relation to which a well-founded fear or basis for conferring <strong>New</strong> <strong>Zealand</strong>’s<br />
protection has been established (see C2.5.1); and/or<br />
iii any other mandatory requirement for lodgement except the requirement to complete<br />
and submit a <strong>Residence</strong> Application (INZ1000) form together with two passport<br />
photographs of, and a Limited Medical Certificate (INZ 1201) and a Chest X-ray<br />
Certificate (INZ 1096) for, each person included in the application.<br />
d. If a birth certificate for any person included in the application is unavailable, a statutory<br />
declaration confirming full name, date and place of birth and full names of both parents<br />
must be submitted.<br />
e. If documents relating to the custody of any child under the age of 16 included in the<br />
application are unavailable, a statutory declaration confirming the legal custody of children<br />
must be submitted.<br />
f. The principal applicant and partner included in the application, must supply evidence to<br />
show the nature and duration of their partnership, and that it is a genuine and stable<br />
partnership (see F2.20). A statutory declaration confirming the duration and nature of the<br />
partnership must be submitted if such evidence would be unduly difficult to obtain<br />
because:<br />
i conditions in the relevant country are such that the country's governmental<br />
infrastructure is no longer functioning; and/or<br />
ii there are circumstances beyond the control of the applicants which prevent them<br />
obtaining the required evidence.<br />
g. If overseas police clearances are unavailable for any person aged 17 and older included in<br />
the application, a statutory declaration must be provided stating whether the applicant has
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been convicted, or found guilty of, or charged with, any offences against the law in the<br />
country or countries for which police clearance certificates are unavailable.<br />
h. INZ will apply for <strong>New</strong> <strong>Zealand</strong> Police clearance certificates for the principal applicant and<br />
any dependants aged 17 years and over included in the application who have been in <strong>New</strong><br />
<strong>Zealand</strong> for more than 12 months at the date the application is made.<br />
Effective 30/07/2012<br />
S3.17 Requirements for making an application for grant of a permanent<br />
resident visa (mandated refugee)<br />
a. A person who has been recognised as a mandated refugee (see S3.5(a)(i)) by the United<br />
Nations High Commissioner for Refugees (UNHCR), and put forward for consideration to be<br />
resettled in <strong>New</strong> <strong>Zealand</strong> under the refugee quota residence programme, may apply for a<br />
permanent resident visa.<br />
b. Applications must be made in the prescribed manner (see R2.40), submitted at an<br />
interview with an immigration officer or delegated individual, and be processed and<br />
decided by the Refugee Quota Branch (RQB).<br />
c. RQB immigration officers may waive by special direction any mandatory requirement for<br />
lodgement including the application fee, except the requirement to complete and submit a<br />
<strong>Residence</strong> Application for Mandated Refugees form together with two passport<br />
photographs of each person included in the application.<br />
d. If an original or certified copy of a birth certificate or identity card for any person included<br />
in the application is unavailable, a statutory declaration confirming full name, date and<br />
place of birth and full names of both parents must be submitted.<br />
e. If documents relating to the custody of any child under the age of 16 included in the<br />
application are unavailable, a statutory declaration confirming the legal custody of children<br />
must be submitted and/or a UNHCR Best Interest Determination (BID). Where the child is<br />
an unaccompanied minor or separated child, a UNHCR BID must be submitted.<br />
f. The principal applicant and partner included in the application must supply evidence to<br />
show the nature and duration of their partnership, and that it is a genuine and stable<br />
partnership (see F2.20). A statutory declaration confirming the duration and nature of the<br />
partnership must be submitted if such evidence would be unduly difficult to obtain<br />
because:<br />
i conditions in the relevant country are such that the country's governmental<br />
infrastructure is no longer functioning; and/or<br />
ii there are circumstances beyond the control of the applicants which prevent them<br />
obtaining the required evidence.<br />
g. Applicants who have been selected to be part of the refugee quota programme are exempt<br />
from the requirement to have an acceptable standard of health (see A4.10).<br />
h. The principal applicant and any dependants, aged 17 and over, included in the application<br />
must provide a police clearance certificate, less than 6 months old at the time the<br />
application is decided for each country in which they have lived for 12 months or more<br />
during the past 10 years except where:<br />
i the certificate is required from the applicant’s home country, where they have a wellfounded<br />
fear of approaching the authorities; or<br />
ii the authorities of any such country do not generally provide police certificates; or
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iii the immigration officer deems it unsafe for the applicant to approach the authorities of<br />
that country.<br />
i. If overseas police clearances are unavailable for any person aged 17 and older included in<br />
the application, a statutory declaration must be provided stating whether the applicant has<br />
been convicted, or found guilty of, or charged with, any offences against the law in the<br />
country or countries for which police clearance certificates are unavailable.<br />
Effective 26/03/2012<br />
S3.20 Requirements for grant of a permanent resident visa (refugee or<br />
protection status)<br />
See previous instructions:<br />
S3.20 Effective 26/03/2012<br />
S3.20 Effective 29/11/2010<br />
a. To be granted a permanent resident visa, principal applicants must satisfy immigration<br />
officers that:<br />
i refugee or protection status has been recognised; and<br />
ii they have established their identity and that of any partner and/or dependent<br />
child(ren); and<br />
iii the relationship between the principal applicant and any partner and/or dependent<br />
child(ren) included meets residence criteria (see R2.1.15 and R3); and<br />
iv they meet the health and character requirements in A4 and A5, or are waived from<br />
these requirements by an appropriately delegated immigration officer, who has<br />
applied the instructions set out at A4.60 and A5.25.1, has waived them (see also<br />
C5.15.5); and<br />
v they are not able to be deported from <strong>New</strong> <strong>Zealand</strong> because of the limitation on<br />
deportation arising from section 164 of the <strong>Immigration</strong> Act 2009 (see also C5.15.5)<br />
b. Refugees or protected persons who have held limited visas at any time are not eligible to<br />
apply for a permanent resident visa. They can only be granted a permanent resident visa<br />
under section 61 of the <strong>Immigration</strong> Act 2009 upon the expiry of their limited visa.<br />
Effective 30/07/2012<br />
S3.22 Requirements for grant of a permanent resident visa (mandated<br />
refugee)<br />
To be granted a permanent resident visa, principal applicants must have met the requirements<br />
for making an application (S3.17) and must satisfy an immigration officer that:<br />
a. their identity and that of anyone included in their application has been established;<br />
b. they are a United Nations High Commissioner for Refugees (UNHCR) mandated refugee<br />
and their refugee claim is credible;<br />
c. all applicants included in the application have been interviewed by an immigration officer<br />
or an appropriately delegated individual;<br />
d. the relationship between the principal applicant and any partner and/or dependent<br />
child(ren) included meets residence criteria (see R2.1.15 and R3);<br />
e. the applicant(s) meet the character requirements at A5, or are waived from these<br />
requirements by an appropriately delegated immigration officer; and
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f. there are no significant barriers to the applicants’ ability to settle into <strong>New</strong> <strong>Zealand</strong>.<br />
S3.22.1 Status of applicants granted a permanent resident visa under the mandated<br />
refugee category<br />
All applicants granted a permanent resident visa under this category are to be treated as<br />
principal applicants for the purpose of any future requests to sponsor family members under<br />
any applicable categories.<br />
S3.25 Temporary entry class visas<br />
Effective 26/03/2012<br />
a. Applicants for residence class visas who have current temporary entry class visas should<br />
ensure that their visas remain current while the application for a residence class visa is<br />
being processed (see E8.10).<br />
b. <strong>Immigration</strong> officers may grant further temporary entry class visas to all persons included<br />
in the residence class visa application for the time needed to complete processing of the<br />
application.<br />
c. If the temporary entry class visa of the principal applicant or any dependant included in<br />
the application has expired, then it may be appropriate to consider granting a visa under<br />
section 61 of the <strong>Immigration</strong> Act 2009 (see E8.1).<br />
S3.30 Deportation orders<br />
Effective 29/11/2010<br />
If any person included in the application has a removal or deportation order in force, an<br />
appropriately designated immigration officer must, if appropriate, cancel the removal or<br />
deportation order before a permanent resident visa is granted.<br />
Effective 29/11/2010<br />
S3.35 Entry of overseas dependants of approved refugee or protection status<br />
claimants<br />
a. Once residence has been approved in principle for people included in the refugee or<br />
protected person’s application, permanent resident visas may be granted to them.<br />
b. Temporary entry class visas may be granted to such dependants before the principal<br />
applicant's resident visa application is finalised, if circumstances in the overseas country<br />
warrant it.<br />
Effective 29/11/2010<br />
S3.40 Liability for deportation on cancellation of refugee or protection status<br />
See previous instructions S3.40 Effective 29/11/2010<br />
See also <strong>Immigration</strong> Act 2009 s162<br />
A holder of a residence class visa granted as a result of refugee or protection status may be<br />
liable for deportation if a person suffers loss of refugee or protection status under C6.<br />
Effective 04/04/2011
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S4 SPECIAL RESIDENCE CATEGORIES<br />
S4.5 <strong>Residence</strong> Category for victims of domestic violence<br />
See previous instructions S4.5 Effective 29/11/2010<br />
S4.5.1 Objective<br />
The objectives of the residence category for victims of domestic violence is to:<br />
a. enable partners of <strong>New</strong> <strong>Zealand</strong> citizens or residence class visa holders to remain in <strong>New</strong><br />
<strong>Zealand</strong> where they:<br />
i intended to seek residence class visas on the basis of their relationship which has<br />
ended because of domestic violence to either the non-resident partner or their<br />
dependent child; and<br />
ii cannot return home because of the impacts of stigma, or because they would have no<br />
means of independent financial support from employment or other means; and<br />
b. recognise <strong>New</strong> <strong>Zealand</strong>'s international obligations, particularly to:<br />
i end discrimination against women in all matters related to marriage and family<br />
relations (Article 16 of the Convention on the Elimination of All Forms of<br />
Discrimination Against Women); and<br />
ii protect children from mental and physical violence (Article 19 of the United Nations<br />
Convention on the Rights of the Child);<br />
S4.5.2 Who is eligible for a resident visa for victims of domestic violence<br />
People in <strong>New</strong> <strong>Zealand</strong> who:<br />
a. are, or have been, in a partnership (see F2.5b) with a <strong>New</strong> <strong>Zealand</strong> citizen or residence<br />
class visa holder; and<br />
b. had intended to seek a residence class visa in <strong>New</strong> <strong>Zealand</strong> on the basis of that<br />
relationship; and<br />
c. that partnership has ended due to domestic violence by the <strong>New</strong> <strong>Zealand</strong> citizen or<br />
residence class visa holder or by someone with whom the applicant is living with in a<br />
domestic relationship; and<br />
d. are unable to return to their home country because:<br />
i would have no means of independent financial support from employment or other<br />
means, and have no ability to gain financial support from other sources; or<br />
ii would be at risk of abuse or exclusion from their community because of stigma; and<br />
e. meet health and character requirements (see A4 and A5);<br />
may be granted a resident visa.<br />
Note: For the purpose of these instructions, 'domestic relationship' has the meaning set out in<br />
s4 of the Domestic Violence Act 1995.<br />
S4.5.5 Evidence of domestic violence<br />
Evidence of domestic violence means:
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a. a final Protection Order against the <strong>New</strong> <strong>Zealand</strong> citizen or resident partner, or someone<br />
with whom the applicant is living in a domestic relationship, under the Domestic Violence<br />
Act 1995; or<br />
b. a relevant <strong>New</strong> <strong>Zealand</strong> conviction of the <strong>New</strong> <strong>Zealand</strong> citizen or residence class visa<br />
holder partner, or someone with whom the applicant is living in a domestic relationship, of<br />
a domestic violence offence against the principal applicant or a dependent child of the<br />
principal applicant; or<br />
c. a complaint of domestic violence against the principal applicant or a dependent child<br />
investigated by the <strong>New</strong> <strong>Zealand</strong> Police where the <strong>New</strong> <strong>Zealand</strong> Police are satisfied that<br />
domestic violence has occurred; or<br />
d. a statutory declaration from the applicant stating that domestic violence has occurred and<br />
two statutory declarations completed by persons competent to make statutory<br />
declarations that domestic violence has occurred (see S4.5.6 below).<br />
Note: For the purpose of these instructions, 'domestic violence' has the meaning set out in s.3<br />
of the Domestic Violence Act 1995.<br />
S4.5.6 Persons competent to make a statutory declaration that domestic violence has<br />
occurred<br />
a. Statutory declarations from the following persons stating that they are satisfied that<br />
domestic violence has occurred are acceptable as evidence of domestic violence:<br />
i social workers who are:<br />
registered with the Social Workers Registration Board; or<br />
full members of the Aotearoa <strong>New</strong> <strong>Zealand</strong> Association of Social Workers; or<br />
employed under the State Sector Act 1988;<br />
ii doctors registered with the <strong>New</strong> <strong>Zealand</strong> Medical Council;<br />
iii nurses registered with the Nursing Council of <strong>New</strong> <strong>Zealand</strong>;<br />
iv psychologists registered with the <strong>New</strong> <strong>Zealand</strong> Psychologists Board;<br />
v counsellors who are members of the <strong>New</strong> <strong>Zealand</strong> Association of Counsellors; and<br />
vi experienced staff members of Child Youth and Family approved women's refuges who<br />
have been nominated by:<br />
the National Collective of Independent Women's Refuges<br />
Shakti Community Council.<br />
b. In order to meet the requirements of S4.5.6 d above, an applicant must supply a statutory<br />
declaration from people acting in their professional capacity from two of the groups listed<br />
above. The two people must be unrelated professionally (for example, they cannot be a<br />
doctor and a nurse from the same practice).<br />
c. <strong>Immigration</strong> officers may verify that statutory declarations provided as evidence of<br />
domestic violence have been made by the appropriate person by contacting the<br />
professional bodies listed above.<br />
S4.5.10 Evidence that the principal applicant has been in a partnership with a <strong>New</strong><br />
<strong>Zealand</strong> citizen or residence class visa holder<br />
Evidence that the principal applicant has been in a partnership with a <strong>New</strong> <strong>Zealand</strong> citizen or<br />
residence class visa holder may include, but is not limited to, original or certified copies of:<br />
• an original or certified copy of a marriage certificate
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• correspondence (including postmarked envelopes) addressed to both principal applicant*<br />
and the <strong>New</strong> <strong>Zealand</strong> citizen or residence class visa holder;<br />
• evidence of communication between the couple;<br />
• photographs of the couple together;<br />
• documents indicating public recognition of the relationship;<br />
• evidence of any specific arrangements and/or engagement ceremonies which have been<br />
carried out;<br />
• communication between the parents of the couple and/or a person acting as a go-between<br />
or matchmaker;<br />
• other documents indicating public recognition of the arrangement and/or engagement<br />
ceremony;<br />
• confirmation from independent sources that such arrangements and/or engagement<br />
ceremonies are in accordance with the cultural custom of the parties concerned;<br />
• a joint mortgage, tenancy agreement or rent book;<br />
• birth certificates of their children;<br />
• proof of joint assets;<br />
• proof of shared income; and<br />
• proof of shared bank accounts.<br />
S4.5.12 Evidence of living in a domestic relationship with the perpetrator of domestic<br />
violence<br />
Evidence that the principal applicant has been living in a domestic relationship with the<br />
perpetrator of domestic violence includes:<br />
a. confirmation from the <strong>New</strong> <strong>Zealand</strong> Police that they are satisfied the domestic violence<br />
was perpetrated by someone living at the same address;<br />
b. a statutory declaration by the applicant that the perpetrator of domestic violence lived at<br />
the same address as the applicant and was a member of applicant's partner's family;<br />
c. a statutory declaration by one of the professionals listed at S4.5.2 stating that the person<br />
lived at the same address as the applicant;<br />
d. any other documentary evidence that the person lived at the same address as the<br />
applicant.<br />
Note: For the purpose of these instructions, 'domestic relationship' has the meaning set out in<br />
s.4 of the Domestic Violence Act 1995.<br />
S4.5.15 Evidence of inability to return to the home country<br />
a. Principal applicants must provide evidence, in the form of documents and/or information<br />
provided at an interview with an immigration officer, that if they returned to their home<br />
country they:<br />
i would have no means of independent financial support from employment or other<br />
means, and have no ability to gain financial support from other sources; or<br />
ii would be at risk of abuse or exclusion from their community because of stigma.<br />
b. INZ may refer to any relevant information when determining the ability to return to their<br />
home country.
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S4.5.20 Making an application<br />
a. Applications must be made in the prescribed manner (see R2.40); but an appropriately<br />
delegated immigration officer may waive:<br />
i the application fee; and<br />
ii police certificates, if these are not available from a particular country.<br />
b. Where police certificates are not available, the applicant must make and provide a<br />
separate statutory declaration in both English and their own language. The statutory<br />
declaration must:<br />
i detail the applicant's attempts to obtain a police certificate; and<br />
ii state whether the applicant and any accompanying family members have been<br />
convicted; or found guilty of, or charged with offences against the law of that country,<br />
or have not been charged with any offences against the law of that country; and<br />
iii be corroborated by other information confirming the applicant's character.<br />
S4.5.25 Determination of applications<br />
a. Applications will be determined by immigration officers who have received specialist<br />
training on this category.<br />
b. Applications under this category will be given priority processing.<br />
S4.10 Refugee Family Support Category<br />
See previous instructions:<br />
S4.10 Effective 26/03/2012<br />
S4.10 Effective 29/11/2010<br />
S4.10.1 Objective<br />
Effective 07/11/2011<br />
The objective of the International/Humanitarian Stream is to enable <strong>New</strong> <strong>Zealand</strong> to meet its<br />
international and humanitarian obligations.<br />
The objective of the Refugee Family Support Category (RFSC) is to facilitate the successful<br />
resettlement of refugees and protected people resident in <strong>New</strong> <strong>Zealand</strong> by providing them with<br />
an opportunity to sponsor family members who do not qualify for residence under any other<br />
category of residence instructions.<br />
Note: The RFSC replaces the Refugee Family Quota.<br />
S4.10.5 Number of places available under RFSC<br />
a. The number of places available for sponsored persons under RFSC (including any family<br />
members included in their registration) is set at 300 per year.<br />
b. For the purposes of these instructions, a year consists of the 12-month period from 1 July<br />
to 30 June.
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S4.10.10 How do people qualify for residence under RFSC?<br />
a. A principal applicant and their partner and dependent children qualify for residence under<br />
RFSC if their sponsor’s registration is selected from the RFSC queues under tier one (see<br />
S4.10.30) or tier two (see S4.10.40) and:<br />
i they are not eligible for a residence class visa in <strong>New</strong> <strong>Zealand</strong> under any other<br />
category of Government residence instructions; and<br />
ii they meet health and character requirements (see A4 and A5); and<br />
iii their application is made within 12 months of <strong>Immigration</strong> <strong>New</strong> <strong>Zealand</strong>'s (INZ) advice<br />
to their sponsor that the sponsor's registration has been selected from the RFSC tier<br />
one or tier two queue.<br />
b. In each case their sponsor must meet 'eligible sponsor' requirements set out at S4.10.15;<br />
and<br />
i the requirements for tier one sponsors (see S4.10.20(e)); or<br />
ii the requirements for tier two sponsors (see S4.10.20(g)).<br />
S4.10.15 Eligible sponsors under RFSC<br />
a. For the purpose of RFSC, an 'eligible sponsor' is a <strong>New</strong> <strong>Zealand</strong> citizen or resident who:<br />
i was granted a residence class visa in <strong>New</strong> <strong>Zealand</strong> on the basis of their status as a<br />
refugee or protected person; and<br />
ii has not sponsored any other principal applicant who has obtained a resident visa in<br />
<strong>New</strong> <strong>Zealand</strong> under RFSC (or Refugee Family Quota); and<br />
iii is in <strong>New</strong> <strong>Zealand</strong>; and<br />
iv is aged 18 years or over.<br />
b. Sponsors aged 18 to 24 must be able to satisfy an immigration officer that they are able to<br />
meet the undertakings given in the sponsorship form.<br />
S4.10.20 Two tier registration system for sponsors<br />
a. Registrations from tier one sponsors (see (e) below) will be given first access to available<br />
places under RFSC by entry into the tier one queue.<br />
b. Registrations will be selected from the tier one queue in order of their entry to that queue<br />
until the annual number of places available under RFSC is met.<br />
c. If the places available annually under RFSC are not filled by people included in tier one<br />
registrations selected from the queue, registrations required to fill the remaining places<br />
will be selected from the tier two queue.<br />
d. If the places available annually under RFSC are not filled by people included in tier one<br />
registrations and the registrations in the tier two queue are insufficient to fill the remaining<br />
quota of places, INZ will call for tier two sponsors to submit registrations (see S4.10.20(g)<br />
and S4.10.35 below).<br />
e. A tier one sponsor is an 'eligible sponsor' who:<br />
i is a <strong>New</strong> <strong>Zealand</strong> citizen or the holder of a current residence class visa; and<br />
ii wants to sponsor their parent, grandparent, grandchild, uncle, aunt, nephew, niece,<br />
adult sibling or adult child, and that person's partner and/or dependent children for a<br />
resident visa under RFSC; and
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iii has no other 'family member' who is eligible for residence in <strong>New</strong> <strong>Zealand</strong> under any<br />
other category of residence instructions; and either<br />
iv has no 'immediate family' living lawfully and permanently in <strong>New</strong> <strong>Zealand</strong>; or<br />
v is the 'sole carer' (see S4.10.55.15) of a dependent relative or dependent relatives in<br />
<strong>New</strong> <strong>Zealand</strong> and the sponsor has no other ‘immediate family’ living lawfully and<br />
permanently in <strong>New</strong> <strong>Zealand</strong> apart from the dependent relative who is under care.<br />
f. For the purpose of S4.10.20(e)(v), the ‘dependent relative’ who requires on-going care<br />
must have no ‘immediate family’ in <strong>New</strong> <strong>Zealand</strong> other than the sponsor.<br />
g. A tier two sponsor is an 'eligible sponsor' who:<br />
i has 'immediate family' in <strong>New</strong> <strong>Zealand</strong>; and<br />
ii wants to sponsor their parent, adult sibling, adult child, or grandparent (if that<br />
grandparent is the sponsor's legal guardian, see S4.10.55.20), and that person's<br />
partner and dependent children for residence under RFSC; and<br />
iii has no other 'family member' who is eligible for residence in <strong>New</strong> <strong>Zealand</strong> under any<br />
other category of residence instructions; and<br />
iv is a <strong>New</strong> <strong>Zealand</strong> citizen or the holder of a current residence class visa; and<br />
v has been a <strong>New</strong> <strong>Zealand</strong> citizen and/or the holder of a residence class visa for at least<br />
three years immediately preceding the date the Registration Form for RFSC sponsor is<br />
lodged; and<br />
vi in each of the three 12-month portions within that three-year period, has spent a total<br />
of 184 days or more in <strong>New</strong> <strong>Zealand</strong>.<br />
h. For the purposes of S4.10.20(e), (f), and (g), to be an eligible sponsor under tier one or<br />
two of RFSC, a sponsor must meet the particular requirements that were in force at the<br />
time their registration was selected from the queue.<br />
Note: For the purposes of these instructions 'immediate family' means a sponsor's partner,<br />
parent, or child (excluding any dependent child in terms of R2.1.30). For the purposes of<br />
these instructions, 'family member' means a sponsor's partner, parent, child, grandparent,<br />
grandchild, uncle, aunt, nephew, niece or adult sibling.<br />
S4.10.25 Registration process for tier one sponsors<br />
a. Eligible sponsors who meet the requirements for tier one sponsors set out at S4.10.20(e)<br />
above may register with INZ to sponsor their parent, grandparent, grandchild, uncle, aunt,<br />
nephew, niece, adult sibling or adult child, and that person's partner and/or dependent<br />
children for residence under the RFSC tier one queue.<br />
b. Registrations must be made on the registration form for the appropriate RFSC tier.<br />
c. Registrations must be submitted by mail to the address specified on the applicable<br />
registration form.<br />
d. A fee is payable for registration.<br />
e. Subject to the provisions of S4.10.50, registrations from sponsors who meet the tier one<br />
sponsorship requirements set out at S4.10.20(e) above may be entered into the RFSC tier<br />
one queue if the form is fully completed, signed by the sponsor, and accompanied by any<br />
documents or evidence as required by the registration form.
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S4.10.30 Selection process for tier one sponsors<br />
a. Registrations will be selected from the tier one queue in chronological order from the date<br />
that the registration was entered into the tier one queue until the appropriate number of<br />
potential applicants to meet the number of available places within the annual period has<br />
been met.<br />
b. If the number of potential applicants included in registrations in the tier one queue<br />
exceeds the number of available places within the annual period, INZ will delay the<br />
selection of further registrations until places become available in the next annual period.<br />
c. Tier one sponsors with registrations entered into the tier one queue must notify INZ of any<br />
change in their circumstances.<br />
d. Sponsors whose registrations have been selected from the tier one queue and appear to<br />
meet the relevant registration requirements will be notified by INZ that their registration<br />
has been successful. Sponsors must advise the potential applicants whom they are<br />
sponsoring to lodge a full application under RFSC to the appropriate receiving office of<br />
INZ. Such applications must be made within 12 months after the date of the INZ<br />
notification to the sponsor. Any applications received outside that time limit will not be<br />
accepted.<br />
S4.10.35 Registration process for tier two sponsors<br />
a. Eligible sponsors who meet the requirements for tier two sponsors set out at S4.10.20(g)<br />
above may register with INZ within a set registration period to sponsor their parent, adult<br />
sibling or adult child, or grandparent (if that grandparent is the sponsor's legal guardian,<br />
see S4.10.55.20), and that person's partner and dependent children for residence under<br />
RFSC tier two queue.<br />
b. INZ will announce that tier two will open for registration prior to its opening, if and when<br />
places are available for tier two potential applicants (places will be available if the number<br />
of potential applicants included in registrations in the tier one queue is less than the<br />
number of available places within the annual period). Registrations will then open for a set<br />
period as determined by INZ.<br />
c. Registrations must be made on the appropriate registration form for the tier under which<br />
the registration is made.<br />
d. Registrations must be submitted during the registration period by mail to the address<br />
specified on the appropriate Registration Form for RFSC<br />
e. A fee is payable for registration.<br />
f. Subject to the provisions of S4.10.50, registrations that are received by INZ before the<br />
end of the registration period from sponsors who meet the tier two sponsorship<br />
requirements set out at S4.10.20(g) above may be entered into RFSC tier two queue, if<br />
the form is fully completed, signed by the sponsor, and accompanied by any documents or<br />
evidence as required by the registration form.<br />
S4.10.40 Selection process for tier two sponsors<br />
a. Registrations will be selected from the tier two queue in chronological order from the date<br />
the registration was entered into the queue, until the appropriate number of potential<br />
applicants to meet the number of available places in the annual period has been met.
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b. If the number of potential applicants included in registrations in the tier one queue<br />
exceeds the number of available places within the annual period, INZ will delay the<br />
selection of further registrations from tier two until places become available.<br />
c. Sponsors with registrations entered into the tier two queue must notify INZ of any change<br />
in their circumstances.<br />
d. Sponsors whose registrations have been selected from the tier two queue and appear to<br />
meet the relevant requirements will be notified by INZ that their registration has been<br />
successful. Sponsors must advise the potential applicants whom they are sponsoring to<br />
lodge a full application under RFSC the appropriate receiving office of INZ. Such<br />
applications must be made within 12 months after the date of the INZ notification to the<br />
sponsor. Any applications received outside that time limit will not be accepted.<br />
S4.10.45 Inclusion in registration of immediate family members of the sponsored<br />
principal applicant<br />
a. Where the sponsored person has a partner and/or dependent children, all of those people<br />
must be included in the registration made by the sponsor.<br />
b. Despite R2.1 concerning the inclusion of family members in an application, an application<br />
under RFSC can only include the partner and/or dependent children included in the<br />
preceding sponsor registration.<br />
c. Any partner and/or dependent children who were eligible for inclusion in the registration<br />
but were not included must not subsequently be granted a residence class visa under the<br />
Partnership or Dependent Child categories.<br />
d. Despite (b) and (c) above, a partner or dependent child who was included in the<br />
registration but not in the resulting application for a resident visa may be granted a<br />
residence class visa as a principal applicant under the Partnership or Dependent Child<br />
categories.<br />
e. Notwithstanding (b) above, in the event an applicant includes any partner and/or<br />
dependent child in their application who was not included in their registration, officers<br />
should allow the principal applicant an opportunity to explain the non-declaration in<br />
accordance with R5.15 before applying the limitation referred to in (b).<br />
f. Where a person is not eligible to be included at the time of registration but is eligible at<br />
the time of the application for a resident visa (e.g. in the case of a newborn child), they<br />
may be included in the resident visa application provided R2.1 is met.<br />
S4.10.50 Number of registrations that may be submitted<br />
a. Sponsors must have only one registration in the tier one or two queues at any time. Each<br />
registration must be in respect of one potential principal applicant and that person's<br />
partner and/or dependent children. If a single sponsor lodges more than one registration,<br />
the second and subsequent registrations will not be accepted.<br />
b. A registration under RFSC will not be accepted if:<br />
i any of the potential applicants included in that registration have a current application<br />
for a residence class visa lodged with INZ under any other category of residence<br />
instructions; or<br />
ii any of the potential applicants included in that registration are eligible for a residence<br />
class visa in <strong>New</strong> <strong>Zealand</strong> under any other category of residence instructions (see<br />
S4.10.10(a)(i)).
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c. A registration under RFSC will not be accepted if, at the time the registration is lodged,<br />
any of the potential applicants included in the registration are unlawfully in <strong>New</strong> <strong>Zealand</strong><br />
or subject to section 150 of the <strong>Immigration</strong> Act 2009 (concerning refugee or protection<br />
status claimants).<br />
Notes:<br />
~ Potential applicants in <strong>New</strong> <strong>Zealand</strong> should also be aware that they must be lawfully in<br />
<strong>New</strong> <strong>Zealand</strong> and not subject to section 150 of the <strong>Immigration</strong> Act 2009 in order to lodge<br />
an application under RFSC.<br />
~ Where a registration is not accepted for any of the reasons set out in this provision, the<br />
registration fee will be returned to the sponsor.<br />
S4.10.55 Definitions<br />
S4.10.55.1 Definition of 'refugee'<br />
For the purpose of RFSC, 'refugee' means a person who was granted a residence class visa in<br />
<strong>New</strong> <strong>Zealand</strong> under residence instructions by virtue of being either:<br />
a. a mandated or quota refugee (people determined to be refugees by the United Nations<br />
High Commissioner for Refugees (UNHCR)) before arrival in <strong>New</strong> <strong>Zealand</strong>; or<br />
b. a Convention refugee (people recognised as refugees by the <strong>New</strong> <strong>Zealand</strong> Government<br />
under the 1951 Convention Relating to the Status of Refugees and the 1967 Protocol<br />
Relating to the Status of Refugees (see C2.5 and C5.15)).<br />
S4.10.55.5 Definition of ‘protected person’<br />
For the purpose of RFSC, ‘protected person’ means a person who was granted a residence<br />
class visa in <strong>New</strong> <strong>Zealand</strong> under residence instructions by virtue of being recognised as having<br />
protection status in accordance with <strong>New</strong> <strong>Zealand</strong>’s obligations under the:<br />
a. 1984 Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or<br />
Punishment; or<br />
b. 1966 International Covenant on Civil and Political Rights.<br />
S4.10.55.10 Definition of 'adult child'<br />
In the context of a resident visa application under RFSC, 'adult child' means a child of 18 or<br />
older, unless they are dependent (see R2.1.30).<br />
S4.10.55.15 Definition of 'sole carer' for tier one sponsorship purposes<br />
a. For tier one sponsorship purposes, a sponsor will be considered to be the sole carer of a<br />
dependent relative or relatives in <strong>New</strong> <strong>Zealand</strong> if they have the primary responsibility for<br />
the day-to-day care of a dependent relative or relatives in <strong>New</strong> <strong>Zealand</strong>, on an ongoing<br />
basis.<br />
Note: A dependent relative can be a sponsor's partner, parent, child, grandparent,<br />
grandchild, uncle, aunt, nephew, niece or adult sibling.<br />
b. Evidence that a sponsor is the sole carer includes but is not limited to:<br />
i evidence of Accident Compensation Corporation (ACC) payments made to the sponsor<br />
(where the sponsor is considered by ACC to be a provider of home help to a sick or<br />
injured relative or relatives); and/or<br />
ii evidence from a District Health Board, General Practitioner or other Health agency<br />
which specifies the sponsor as a carer of a dependent relative or relatives; and/or
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iii evidence from Work and Income that the dependent relative or relatives are on an<br />
invalid's benefit; and/or<br />
iv evidence that the dependent relative or relatives are totally or substantially reliant on<br />
the sponsor for financial support whether living with them or not (where the<br />
dependent relative(s) are 17 or younger).<br />
S4.10.55.20 Definition of 'grandparent' as a legal guardian for tier two sponsorship purposes<br />
For tier two sponsorship purposes, a sponsor's grandparent will be considered as the sponsor's<br />
legal guardian if:<br />
a. both the sponsor's parents died before the sponsor attained the age of 20 years; and<br />
b. the grandparent had custody of the sponsor and the right to control the sponsor's<br />
upbringing, before the sponsor attained the age of 20 years.<br />
S4.10.60 Evidence<br />
The items listed in S4.10.60.1 to S4.10.60.15 below are examples of relevant evidence. Other<br />
documents may also be relevant.<br />
S4.10.60.1 Evidence of identity of applicant(s)<br />
a. For the purposes of the registration process, INZ may accept the statutory declaration<br />
made by the sponsor on the RFSC registration form submitted by the sponsor that the<br />
details they have provided of the person(s) being sponsored is true and correct as being<br />
sufficient evidence of identity.<br />
b. Other evidence of identity may also be sought by INZ during the registration process.<br />
S4.10.60.5 Evidence of immigration status of sponsors<br />
a. When lodging a registration under RFSC, sponsors must provide evidence of their<br />
immigration status as follows:<br />
b. Evidence that sponsors are <strong>New</strong> <strong>Zealand</strong> citizens may include but is not limited to original<br />
or certified copies of:<br />
i a valid <strong>New</strong> <strong>Zealand</strong> passport; or<br />
ii a Certificate of <strong>New</strong> <strong>Zealand</strong> Citizenship; or<br />
iii a recent official statement of citizenship from the Department of Internal Affairs.<br />
c. Evidence that sponsors are <strong>New</strong> <strong>Zealand</strong> residence class visa holders may include but is<br />
not limited to original or certified copies of a current <strong>New</strong> <strong>Zealand</strong> residence class visa, or<br />
evidence they are considered to hold a residence class visa in their passport or travel<br />
document.<br />
S4.10.60.10 Evidence of time spent in <strong>New</strong> <strong>Zealand</strong> as a citizen and/or holder of a residence class visa<br />
a. When determining the amount of time spent in <strong>New</strong> <strong>Zealand</strong>, INZ may refer to INZ records<br />
of sponsors' entry to and exit from <strong>New</strong> <strong>Zealand</strong>.<br />
b. Other evidence of time spent in <strong>New</strong> <strong>Zealand</strong> may also be provided by a sponsor or sought<br />
by INZ.<br />
c. When lodging a registration under RFSC tier two queue, sponsors may be required to<br />
provide current and previous passports as evidence of time spent in <strong>New</strong> <strong>Zealand</strong> as a<br />
citizen and/or holder of a residence class visa.
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Note: Periods during which a person is in <strong>New</strong> <strong>Zealand</strong> are calculated inclusive of both<br />
arrival and departure dates.<br />
S4.10.60.15 Evidence of relationship to sponsor<br />
a. When lodging their application for a resident visa under RFSC, principal applicants must<br />
provide all available evidence of their relationship to their sponsor.<br />
b. Evidence of parent's, grandparent's, grandchildren's, nephews', nieces', aunts', uncles',<br />
siblings' or adult children's, relationship to their sponsor includes but is not limited to<br />
original or certified copies of:<br />
• birth certificates establishing the relationship of the sponsor to the principal applicant;<br />
or<br />
• household registration documents, if these establish the relationship of the sponsor to<br />
the principal applicant; or<br />
• evidence of adoption (see R3), which establishes the relationship of the sponsor to the<br />
principal applicant; or<br />
• documents issued by the United Nations High Commissioner for Refugees (UNHCR)<br />
and/or other internationally recognised agencies if these establish the relationship of<br />
the sponsor to the principal applicant; or<br />
• other evidence establishing the relationship of the sponsor to the principal applicant.<br />
c. If satisfied that evidence necessary to establish an applicant's relationship to their sponsor<br />
is not available or would be unduly difficult to obtain, immigration officers may:<br />
i specify another type of evidence to be submitted, such as a statutory declaration;<br />
and/or<br />
ii interview the principal applicant, those included in the application, or other parties<br />
involved in the application to verify identity and/or the relationship claimed by the<br />
applicant(s); and/or<br />
iii have the requirements waived by an appropriately delegated immigration officer if,<br />
due to the circumstances of the applicant(s), this is considered appropriate.<br />
S4.10.65 Verification of family details<br />
<strong>Immigration</strong> officers may refer to former applications lodged by applicants, family members of<br />
applicants or sponsors, in order to verify declarations made by applicants about their family<br />
details (such as the number of family members, the whereabouts of family members, or an<br />
applicant's or partner's marital status).<br />
S4.10.70 Undertakings of sponsors<br />
a. A sponsor must undertake to ensure that adequate accommodation for their relatives is<br />
available upon arrival in <strong>New</strong> <strong>Zealand</strong> and continues to be available during the first 24<br />
months of their relatives’ residence in <strong>New</strong> <strong>Zealand</strong>.<br />
b. An immigration officer must be satisfied that the sponsor will be able to fulfil their<br />
undertakings provided under (a). A sponsor may demonstrate this by providing a<br />
completed Questionnaire for Refugee Family Support Category sponsor undertakings,<br />
outlining a credible accommodation plan.<br />
c. The application may be declined if an immigration officer is not satisfied a sponsor has the<br />
ability to meet their undertaking obligations set out at S4.10.70(a) above.<br />
Effective 30/07/2012
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S4.15 <strong>Residence</strong> Category for victims of people trafficking<br />
S4.15.1 Objective<br />
The objectives of the residence category for victims of people trafficking are to:<br />
a. enable victims of people trafficking to remain in <strong>New</strong> <strong>Zealand</strong> where they cannot return<br />
home because they will be endangered, at risk of being re-victimised or at risk of suffering<br />
significant social stigma and financial hardship as a result of being trafficked; and<br />
b. recognise <strong>New</strong> <strong>Zealand</strong>'s international obligations, particularly to:<br />
i offer protection and assistance to victims of people trafficking who are likely to be<br />
suffering the effects of trauma and abuse; and<br />
ii enable trafficking offenders to be prosecuted.<br />
S4.15.5 Who is eligible for a resident visa for victims of people trafficking<br />
a. Applicants in <strong>New</strong> <strong>Zealand</strong> may be granted a resident visa, if they:<br />
i hold a special temporary visa for victims of people trafficking (see WI16, U10.5 and<br />
V3.135); and<br />
ii have certification from the <strong>New</strong> <strong>Zealand</strong> Police (the Police) that they are believed to be<br />
a victim of people trafficking; and<br />
iii have certification from the Police that they have not obstructed the police investigation<br />
of their trafficking case during the validity of their special temporary visa; and<br />
iv are unable to return to their home country (see S4.15.10 below); and<br />
v meet health and character requirements (see A4 and A5).<br />
b. Despite (a) above, child applicants are exempt from providing a certification from the<br />
Police that they have not obstructed the police investigation.<br />
Note:<br />
- A child victim of people trafficking is a person who was under the age of 18 at the time they<br />
were identified as a victim of people trafficking.<br />
- A child victim may be in <strong>New</strong> <strong>Zealand</strong> unaccompanied, or may be a victim of people<br />
trafficking together with their parent(s).<br />
S4.15.10 Evidence of inability to return to the home country<br />
a. Applicants must provide evidence, in the form of documents or information provided at an<br />
interview with an immigration officer, that if they returned to their home country they<br />
would be:<br />
i endangered; or<br />
ii at risk of being re-victimised; or<br />
iii at risk of suffering significant social stigma and financial hardship<br />
as a consequence of being trafficked.<br />
b. INZ may refer to any relevant information when determining an applicant’s ability to<br />
return to their home country.
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S4.15.15 Making an application<br />
a. Applications must be made in the prescribed manner (see R2.40) but an appropriately<br />
delegated immigration officer may waive:<br />
i the application fee; and<br />
ii the requirement to provide police certificates, if these are not available from a<br />
particular country.<br />
b. Where police certificates are not available, the applicant must make and provide a<br />
separate statutory declaration, in line with instructions at A5.10.1.<br />
S4.15.20 Determination of applications<br />
a. Applications will be determined by immigration officers who have received specialist<br />
training on this category.<br />
b. Applications under this category will be given priority processing.<br />
c. Determination of an application by a child applicant should be based on ‘best interest of<br />
the child’ considerations. Establishing the ‘best interest of the child’ will be done on a caseby-case<br />
basis, with advice from Child Youth and Family.<br />
S4.20 Refugee Quota Family Reunification Category<br />
S4.20.1 Objective<br />
Effective 25/07/2011<br />
The objective of the Refugee Quota Family Reunification Category, which is part of the Refugee<br />
Quota residence programme, is to:<br />
a. enable <strong>New</strong> <strong>Zealand</strong> to meet its international and humanitarian obligations;<br />
b. maintain the principle of family unity; and<br />
c. facilitate the successful resettlement of mandated refugees resident in <strong>New</strong> <strong>Zealand</strong> by<br />
providing them with an opportunity to sponsor immediate family members.<br />
Note: The places available under this category are incorporated into the quota places available<br />
for the family reunification subcategory of the United Nations High Commissioner for Refugees<br />
(UNHCR) mandated refugee residence category; however applicants do not themselves have to<br />
be mandated refugees.<br />
S4.20.5 Who is eligible for residence under the Refugee Quota Family Reunification<br />
Category?<br />
a. An applicant may qualify for residence under the Refugee Quota Family Reunification<br />
Category if:<br />
i they have an acceptable sponsor (see S4.20.10);<br />
ii they were declared as an immediate family member (see S4.20.15) in the sponsor’s<br />
original <strong>Residence</strong> Application for Mandated Refugees form, and they can provide<br />
satisfactory evidence of the relationship;<br />
iii they meet the character requirements at A5;<br />
iv they have satisfied an immigration officer that:
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the circumstances and reasons for the separation from, and re-establishment of<br />
contact with, their sponsor are plausible and credible; and<br />
reunification will have a positive settlement effect on the sponsor; and<br />
they have the potential for successful settlement.<br />
b. Applicants are exempt from the requirement to have an acceptable standard of health (see<br />
A4.10).<br />
c. If the applicant is a dependent child aged 18-24, evidence must be submitted to show<br />
dependence on the sponsor (see R2.1.30).<br />
S4.20.10 Who is an acceptable sponsor under the Refugee Quota Family<br />
Reunification Category?<br />
a. An acceptable sponsor is a <strong>New</strong> <strong>Zealand</strong> citizen or resident who:<br />
i was granted a residence class visa as a mandated refugee (see S3.22); and<br />
ii is living in <strong>New</strong> <strong>Zealand</strong>; and<br />
iii is an immediate family member of the sponsor (see S4.20.15); and<br />
iv has attended an interview with a Refugee Quota Branch immigration officer and been<br />
deemed to be an acceptable sponsor.<br />
Note: A person granted permanent resident visa under this category is not able to be a<br />
sponsor under this category as they are not a mandated refugee.<br />
b. If the sponsor is a child aged 18 and under sponsoring a parent, the immigration officer<br />
must be satisfied that it is in the best interests of the child to grant a permanent residence<br />
visa to the parent(s).<br />
c. The immigration officer must be satisfied that the relationship between the sponsor and<br />
the applicant is credible and genuine. If the sponsor did not declare the applicant in their<br />
own residence application then R5.15 must be followed.<br />
S4.20.10.1 Undertakings and responsibilities of sponsors<br />
A sponsor under this category is exempt from meeting the sponsorship undertakings<br />
requirement at R4.10.<br />
S4.20.15 Who is an immediate family member under the Refugee Quota Family<br />
Reunification Category?<br />
For the purposes of the Refugee Quota Family Reunification Category, an immediate family<br />
member is defined as a partner, dependent child(ren), and parents where the sponsor is a<br />
dependent child.<br />
S4.20.20 Requirements for making an application for the grant of a permanent<br />
resident visa<br />
a. Applications for a permanent resident visa under the Refugee Quota Family Reunification<br />
Category must be made in the prescribed manner (see R2.40).<br />
b. Applications can only be made to the Refugee Quota Branch, and only after the applicant’s<br />
sponsor has been deemed acceptable (see S4.20.10).<br />
c. Appropriately delegated immigration officers may waive by special direction:<br />
i the application fee for the applicant(s);
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ii the requirement to submit an overseas police clearance certificate from any country<br />
where the sponsor has a well-founded fear of persecution; and<br />
iii any other mandatory requirement for lodgement except the requirement to complete<br />
and submit a residence application form together with two passport photographs of,<br />
and medical and X-ray certificates for, each person included in the application.<br />
d. If a birth certificate for any person included in the application is unavailable, a statutory<br />
declaration confirming the full name, date and place of birth and full names of both<br />
parents must be submitted.<br />
e. If documents relating to the custody of any child aged 16 and under included in the<br />
application are unavailable, a statutory declaration confirming the legal custody of the<br />
child must be submitted.<br />
f. The principal applicant and partner included in the application must supply evidence to<br />
show the nature and duration of their partnership, and that it is a genuine and stable<br />
partnership (see F2.20). A statutory declaration confirming the duration and nature of the<br />
partnership must be submitted if such evidence would be unduly difficult to obtain<br />
because:<br />
i conditions in the relevant country are such that the country's governmental<br />
infrastructure is no longer functioning; and/or<br />
ii there are circumstances beyond the control of the applicants which prevent them<br />
obtaining the required evidence.<br />
g. If overseas police clearances are unavailable for any person aged 17 and older included in<br />
the application, a statutory declaration must be provided stating whether the applicant has<br />
been convicted, or found guilty of, or charged with, any offences against the law in the<br />
country or countries for which police clearance certificates are unavailable.<br />
Effective 26/03/2012