Residence PDF - Immigration New Zealand

Immigration New Zealand Operational Manual 

Residence 

Issue Date: 10 December 2012

CONTENTS 

Generic Residence 1-1 

RA Applications For Residence Class Visas ...................................................... 1-1 

R Residence Instructions 1-1 

R1 Objective .................................................................................................... 2-1 

R2 Lodging an application ............................................................................... 3-1 

R3 Generic Adoptions ...................................................................................... 4-1 

R4 Sponsorship for residence class visas ........................................................ 5-1 

R5 Determining an Application ........................................................................ 6-1 

R6 New Zealand Residence Programme .......................................................... 7-1 

R7 Confirming or transferring a residence class visa....................................... 8-1 

R8 Special Cases ............................................................................................. 9-1 

Business 9-1 

BA Business Immigration Instructions .......................................................... 10-1 

BC Long Term Business Category .................................................................. 11-1 

BE Employees of Relocating Businesses Category ......................................... 12-1 

BF English language requirements ................................................................ 13-1 

BH Entrepreneur Category ............................................................................ 14-1 

BJ Migrant Investment Categories ................................................................ 15-1 

BL Entrepreneur Plus Category ..................................................................... 16-1 

Family Categories 16-1 

F1 Objective .................................................................................................. 17-1 

F2 Partnership Category ................................................................................ 18-1 

F3 Parent Retirement Category ..................................................................... 19-1 

F4 Parent Category ....................................................................................... 20-1 

F5 Dependent Child Category ........................................................................ 21-1 

F7 Inter-country adoption ............................................................................. 22-1 

Skilled Migrant Category 22-1 

SM1 Objective ............................................................................................... 23-1 

SM2 Overview of Skilled Migrant Category .................................................... 24-1 

SM3 Expression of Interest and Invitation to Apply instructions ................... 25-1 

SM4 Summary of requirements ..................................................................... 26-1 

SM5 English Language Requirements ............................................................ 27-1 

SM6 Summary of points for employability and capacity building factors ....... 28-1 

SM7 Skilled employment ............................................................................... 29-1 

SM8 Bonus points: employment in an identified future growth area or area 

of absolute skills shortage ............................................................................ 30-1

SM9 Bonus points: employment outside the Auckland region ....................... 31-1 

SM10 Bonus points: partner's skilled employment in New Zealand ............... 32-1 

SM11 Work experience .................................................................................. 33-1 

SM12 Bonus points: work experience in New Zealand ................................... 34-1 

SM13 Bonus points: work experience in an identified future growth area or 

an area of absolute skills shortage ................................................................ 35-1 

SM14 Recognised qualifications .................................................................... 36-1 

SM15 Bonus points: New Zealand qualifications............................................ 37-1 

SM16 Bonus points: qualifications in an identified future growth area or an 

area of absolute skills shortage..................................................................... 38-1 

SM17 Bonus points: partner's recognised qualifications................................ 39-1 

SM18 Age ...................................................................................................... 40-1 

SM19 Requirements for occupational registration ......................................... 41-1 

SM20 Bonus points: close family in New Zealand .......................................... 42-1 

SM21 Settlement and Contribution Requirements ......................................... 43-1 

After the grant of a resident visa 43-1 

RV1 Generic provisions for applications made after the grant of a resident 

visa 44-1 

RV2 Resident visa holders applying for a permanent resident visa ............... 45-1 

RV3 Variation of travel conditions on resident visas ..................................... 46-1 

RV4 Grant of a second or subsequent resident visa ....................................... 47-1 

Residence from Work Category 47-1 

RW1 Objective............................................................................................... 48-1 

RW2 Residence instructions for holders of work visas granted under the 

Talent (Accredited Employers) work instructions .......................................... 49-1 

RW3 Residence instructions for holders of... ................................................. 50-1 

RW5 English language requirements.... ......................................................... 51-1 

RW6 Migrant Levy ......................................................................................... 52-1 

RW7 Residence instructions for holders of work visas granted under 

religious worker instructions ........................................................................ 53-1 

Special Categories 53-1 

S1 Special Categories for certain nationalities .............................................. 54-1 

S2 Special directions Instructions ................................................................. 55-1 

S3 Refugee and Protection Category ............................................................. 56-1 

S4 Special residence Categories .................................................................... 57-1

GENERIC RESIDENCE 

IN THIS SECTION 

RA Applications For Residence Class Visas ................................... 1-1 

R Residence Instructions .......................................................... 1-1

INZ Operational Manual Residence 

RA APPLICATIONS FOR RESIDENCE CLASS VISAS 

The provisions in section RA summarise relevant sections from the Immigration Act 2009 and 

the Immigration Regulations 2010. These provisions do not in themselves constitute residence 

instructions. 

RA1 Currency and nature of residence class visas 

RA1.1 Currency and nature of a resident visa 

See also Immigration Act 2009 s 74 

a. The holder of a resident visa is entitled to: 

Effective 29/11/2010 

i travel to New Zealand in accordance with the conditions of the visa relating to travel; 

and 

ii apply for entry permission (whether before or after travelling to New Zealand); and 

b. If the holder of a resident visa is granted entry permission they are entitled, in accordance 

with the conditions of the visa (if any), to: 

i to stay in New Zealand indefinitely; and 

ii to work in New Zealand or in the exclusive economic zone of New Zealand; and 

iii to study in New Zealand. 

Note: See R5.66 for instructions on the travel conditions to be granted with a resident visa and 

RV3 for instructions on varying travel conditions after a resident visa has been granted. 

RA1.5 Currency and nature of a permanent resident visa 


The holder of a permanent resident visa is entitled to: 

a. travel to New Zealand at any time; and 

b. be granted entry permission; and 

c. to stay in New Zealand indefinitely; and 

d. to work in New Zealand or in the exclusive economic zone of New Zealand; and 

e. to study in New Zealand. 

RA2 Who does not need to apply for a residence class visa 

RA2.1 New Zealand citizens 




a. Every New Zealand citizen has the right to travel to and be in New Zealand at any time 

and is not liable for deportation in any circumstances. 

b. New Zealand citizens do not need a visa to travel to, enter or be in New Zealand but to 

establish their right to enter New Zealand they must show a New Zealand passport or a

Residence INZ Operational Manual 

foreign passport containing an endorsement indicating the fact of New Zealand citizenship 

on arrival in the country if required to do so. 


RA2.5 People waived from having to obtain a residence class visa to travel to 

New Zealand 

See also Immigration (Visa, Entry Permission, and Related Matters) Regulations 2010, 

Schedule 2 

The following people are waived from having to obtain a residence class visa to travel to New 

Zealand: 

a. citizens of the Commonwealth of Australia; and 

b. people who hold a current permanent residence visa (including a resident return visa) 

issued by the Government of Australia; and 

c. people who have been granted a visa waiver to travel by special direction (see RA7). 

Note: People in these categories are not eligible to travel to New Zealand without a visa, or 

to be granted a visa to enter and stay in New Zealand if they fall under sections 15 or 16 of 

the Immigration Act 2009. They must have a special direction authorising them to apply for 

and be granted a residence class visa to travel to, enter and stay in New Zealand (see S2). 

RA3 Who needs a residence class visa 


RA3.1 Who needs a residence class visa to travel to New Zealand 


A person who is outside New Zealand who wishes to travel to New Zealand and stay 

indefinitely must hold (or be deemed to hold) a residence class visa unless they are: 

a. a New Zealand citizen; or 

b. a person who is exempt from having to obtain a residence class visa to travel to New 

Zealand (RA2.5); or 

RA3.5 Who needs a residence class visa to be in New Zealand 


A person who is in New Zealand lawfully and wishes to be in New Zealand indefinitely must 

hold (or be deemed to hold) a residence class visa to do so unless they are a New Zealand 

citizen. 

RA4 Who is deemed to hold a residence class visa 

See also Immigration Act 2009 ss 75, 415, Schedule 5 

A person is deemed to hold a residence class visa if they: 


a. held a returning resident’s visa issued under the Immigration Act 1987 (RA4.1 and 

RA4.5); or 

b. held a residence permit granted under the Immigration Act 1987 (RA4.10); or


c. were considered to hold a residence permit under the Immigration Act 1987 (see 

RA4.10.1); or 

d. were exempt under the Immigration Regulations 1999 from the need to hold a residence 

permit in New Zealand (RA4.10); or 

e. held New Zealand citizenship and renounced or were deprived of their citizenship 

(RA4.10). 

RA4.1 Who is deemed to hold a permanent resident visa 



A person who holds a returning resident’s visa of indefinite duration issued under the 

Immigration Act 1987 is deemed to hold a permanent resident visa. 

RA4.5 Who is deemed to hold a resident visa with travel conditions 



a. A person who holds a residence visa granted under the Immigration Act 1987 is deemed to 

hold a resident visa allowing: 

i travel to New Zealand for a single journey within the period or until the date specified 

in the residence visa; and 

ii stay indefinitely in New Zealand if the holder is granted entry permission. 

b. A person who holds a returning resident’s visa of limited duration granted under the 

Immigration Act 1987 is deemed to hold a resident visa allowing travel to New Zealand for 

an unlimited number of journeys within the period or until the date specified in the 

returning resident’s visa. 

c. If a person is deemed to be the holder of a resident visa because they hold a residence 

visa or returning resident’s visa granted under the Immigration Act 1987, and that 

residence visa or returning resident’s visa specifies requirements to be imposed under 

Section 18A of that Act upon grant of permit, their resident visa is subject to conditions 

equivalent to those requirements. 


RA4.10 Who is deemed to hold a resident visa without travel conditions 

a. A person in New Zealand is deemed to hold a resident visa without travel conditions if 

they: 

i held a residence permit granted under the Immigration Act 1987 and did not hold a 

returning resident’s visa; or 

ii were considered to hold a residence permit under the Immigration Act 1987 (see 

RA4.10.1); or 

iii were exempt under the Immigration Regulations 1999 from the need to hold a 

residence permit in New Zealand; or 

iv held New Zealand citizenship and renounced or were deprived of their citizenship. 

b. A person who holds or is deemed to hold a resident visa may continue to stay in New 

Zealand indefinitely, however if they wish to leave New Zealand and return as a resident 

they must have a resident visa with valid travel conditions in their travel document (RV3).


c. If a person is deemed to be the holder of a resident visa because they held a residence 

permit granted under the Immigration Act 1987, and that residence permit was subject to 

requirements imposed under Section 18A of that Act, their resident visa is deemed to be 

subject to conditions equivalent to those requirements. 

RA4.10.1 People considered to have held a residence permit under the Immigration 

Act 1987 

See also Immigration Act 1987 s 44, Immigration Act 2009 s 415 

Even though a person in New Zealand was not the holder of a permit granted under the 

Immigration Act 1987, they are deemed to hold a resident visa if they: 

a. arrived in New Zealand lawfully to take up permanent residence at any time before 2 April 

1974 other than under a permit granted under the Immigration Act 1964 or any 

corresponding earlier Act; and 

b. have been in New Zealand continuously from the day they arrived, apart from any period 

or periods spent in: 

i Cook Islands, Niue or Tokelau; or 

ii Australia, if during any such period they were a Commonwealth citizen or citizen of the 

Republic of Ireland and were able to live in either New Zealand or Australia without 

restriction; and 

c. were in New Zealand immediately before the commencement of the Immigration Act 1987 

(ie, were in New Zealand at midnight on 31 October 1987); and 

d. were not exempt under the Immigration Act 1987 from having to hold a residence permit. 

Note: If a person who meets these requirements requests confirmation of their residence 

status, an immigration officer must endorse their passport with a residence class visa (see 

R7). 

RA5 Who may not apply for a residence class visa 

See also Immigration Act 2009, ss 71, 11 


a. Under section 71(4) of the Immigration Act 2009, no limited visa holder, interim visa 

holder, transit visa holder or person who is liable for deportation (including people who are 

unlawfully in New Zealand) may apply for a residence class visa. 

b. However, the Minister of Immigration or appropriately delegated immigration officer, in his 

or her absolute discretion may grant a residence class visa to a person to whom (a) above 

applies. In such cases: 

i the Minister or appropriate immigration officer is not obliged to consider a purported 

application from such a person; and 

ii whether the purported application is considered or not, the Minister or immigration 

officer is not obliged to give reasons for any decision on it, other than that section 11 

applies; and 

iii section 23 of the Official Information Act 1982 and section 27 of the Immigration Act 

2009 (concerning the right of access to reasons for decisions) do not apply. 

c. In some cases a person may only apply for a residence class visa if they have earlier been 

invited to apply for residence by an immigration officer. An invitation to apply for 

residence is sought through the completion and lodgement of an Expression of Interest.


Invitation to apply applies to all applications for residence under the Skilled Migrant 

Category and Investor 2 Category of residence instructions. 

RA5.1 Effect of being liable for deportation on residence class visa 

applications 

See also Immigration Act 2009 s 169 (3) 


Under section 169 of the Immigration Act 2009, the processing of any application for a 

residence class visa from a person who has become liable for deportation must be suspended. 

RA6 Who is not eligible for a residence class visa 

See also Immigration Act 2009 ss 15, 16 


People described by section 15 or 16 of the Immigration Act 2009 (see A5.20) are not eligible 

to be granted a residence class visa unless they have been given a special direction (see RA7 

and S2). 


RA6.1 Restrictions on the grant of residence class visas for New Zealand Aid 

Programme (NZAP) students and their dependants 

See previous instructions: 

RA6.1 Effective 07/02/2011 

RA6.1 Effective 29/11/2010 

a. Unless (b) applies, NZAP-supported students and their partners, and the dependent 

children of NZAP-supported students and/or their partner are not eligible to be granted a 

residence class visa: 

i for the duration that the student receives the NZAP scholarship; and 

ii in the two-year period following cessation of the NZAP student's scholarship (see 

U11). 

b. The restriction in (a) may be waived if written approval from the Ministry of Foreign Affairs 

and Trade (MFAT) is obtained. 

c. INZ will notify MFAT if any NZAP-supported student, their partner or dependent children 

apply for a residence class visa at any time throughout the duration of the scholarship or 

in the two-year period following the cessation of the scholarship. 

d. Any work visa granted to the NZAP-supported student’s partner under immigration 

instructions at WF4.5 will expire on cessation of the NZAP partner’s scholarship and cannot 

be renewed, unless the work visa holder has written approval from MFAT for a renewal 

(see WF4.5). 

RA7 Special directions 



a. In special circumstances, the Minister (or delegate) may give any immigration officer a 

special direction in relation to any person, visa or document, or any 2 or more persons, 

visas or documents where by reason of any specific event, occurrence or unusual 

circumstance there is a common link between those persons, visas, or documents.


b. As the decision to give a special direction is a matter of absolute discretion, no person has 

the right to apply for a special direction, and if they do so: 

i the Minister or appropriate immigration officer is not obliged to consider a purported 

application for a special direction; and 

ii whether a purported application is considered or not, the Minister or immigration 


applies; and 

iii section 23 of the Official Information Act 1982 and section 27 of the Immigration Act 


RA8 Resident visas with conditions 

See also Immigration Act 2009 ss 49, 55, 50 


a. An immigration officer may impose conditions under sections 49 or 55 of the Immigration 

Act 2009 on a resident visa as specified in residence instructions at the time the 

application for the visa was made. 

b. Regardless of whether or not any conditions are imposed under sections 49 or 55, under 

section 50 the Minister or appropriately delegated immigration officer may 

i impose conditions in addition to those specified in the applicable residence instructions 

(if any); 

ii vary or waive conditions that would otherwise apply to a visa of that type; 

iii impose, by special direction or by agreement of the visa holder, further conditions 

following the grant of a resident visa; 

iv vary or cancel, by special direction or by agreement of the visa holder, any conditions 

that would otherwise apply. 


RA9 Restrictions on the grant of a visa to certain groups as designated by the 

United Nations Security Council (UNSC) 


RA9 Effective 30/04/2012 

RA9 Effective 29/11/2010 

See also United Nations Sanctions (Liberia) Regulations 2001 reg 16; United Nations Sanctions 

(Al-Qaida and Taliban) Regulations 2007 reg 13; United Nations Sanctions (Côte d'Ivoire) 

Regulations 2005 reg 13; United Nations Sanctions (Democratic People's Republic of Korea) 

Regulations 2006 reg 17; United Nations Sanctions (Iran) Regulations 2010 reg 25; United 

Nations Sanctions (Lebanon) Regulations 2008 reg 17; United Nations Sanctions (Democratic 

Republic of the Congo) Regulations 2004 reg 12D; United Nations Sanctions (Sudan) 

Regulations 2004 reg 13D; United Nations Sanctions (Somalia) Regulations 1992 reg 10F, 

United Nations Sanctions (Eritrea) Regulations 2010 reg 13; United Nations Sanctions (Libya) 

Regulations 2011 reg 17; United Nations Sanctions (Guinea-Bissau) Regulations 2012 reg 4. 

a. In accordance with United Nations sanctions, no person who is a designated individual or 

specified entity may enter New Zealand or transit through New Zealand, meaning that no 

such person may be granted a visa. This restriction is in place for the following people: 

i designated individuals from Liberia 

ii designated individuals from Côte d'Ivoire 

iii designated individuals, and their immediate family members, from the Democratic 

People's Republic of Korea (DPRK)


iv designated individuals and specified entities from Al-Qaida and Taliban 

v designated individuals from Iran 

vi designated individuals from Lebanon 

vii designated individuals from the Democratic Republic of Congo (DRC) 

viii designated individuals from Sudan 

ix designated individuals from Somalia 

x designated individuals from Eritrea 

xi designated individuals from Libya 

xii designated individuals from Guinea-Bissau. 

b. Immigration officers must contact the Ministry of Foreign Affairs and Trade (MFAT) when 

processing any immigration application from a person to whom (a) above applies. 

c. A visa may only be granted to a designated individual or specified entity on the advice of 

the Secretary of Foreign Affairs and Trade. 

Note: For the purposes of these instructions, a designated individual and a specified entity is 

someone who is named on a list of such persons held by INZ and updated from time to time. 

Effective 30/11/2012

R RESIDENCE INSTRUCTIONS 

Application of Generic Residence Instructions 

The instructions contained in the Generic Residence chapter apply unless other provisions in 

residence instructions expressly state otherwise. 


R1 Objective........................................................................... 2-1 

R2 Lodging an application ......................................................... 3-1 

R3 Generic Adoptions ............................................................... 4-1 

R4 Sponsorship for residence class visas ..................................... 5-1 

R5 Determining an Application ................................................... 6-1 

R6 New Zealand Residence Programme ....................................... 7-1 

R7 Confirming or transferring a residence class visa ...................... 8-1 

R8 Special Cases ..................................................................... 9-1 



R1 OBJECTIVE 

a. The objective of New Zealand's residence programme is to contribute to economic growth 

through enhancing the overall level of human capability in New Zealand, encouraging 

enterprise and innovation, and fostering international links, while maintaining a high level 

of social cohesion. 

b. This objective is achieved through selecting a broad mix of migrants on the basis of either 

their skills and experience or their family links to New Zealand. 



R2 LODGING AN APPLICATION 

R2.1 Who may be included in an application 

See previous instructions R2.1 Effective 29/11/2010 

See also Immigration (Visa, Entry Permission, and Related Matters) Regulations 2010, Reg 20 

a. Each principal applicant (see R2.1.1 below) must make a separate application. 

b. The following people may be included in a residence class visa application, regardless of 

whether they are living in the same country as the principal applicant: 

i The partner of a principal applicant (see R2.1.10 below); and 

ii The biological or adopted (see R3) dependent children of the principal applicant and/or 

partner (if the partner is included in the application) (see R2.1.30 below). 

R2.1.1 Definition of 'principal applicant' 

a. The principal applicant is the person who is declared to be the principal applicant on the 

residence class visa application form. 

b. When the application is assessed, the principal applicant will be the person first assessed 

against the criteria in residence instructions, unless the instructions indicate otherwise. 

R2.1.5 Definition of 'applicant' 

An applicant is a person included in an application for a residence class visa and includes the 

principal applicant and secondary applicants (if any). All persons included in an application will 

be individually assessed against the criteria for the grant of residence in the residence 

instructions that apply to them. 

R2.1.10 Definition of 'partner' 

a. For the purpose of inclusion in a residence class visa application, 'partner' means a person 

who: 

i is legally married to the principal applicant; or 

ii is in a civil union partnership (whether opposite or same sex) with the principal 

applicant; or 

iii is in a de facto relationship (whether opposite or same sex) with the principal 

applicant. 

b. References to 'partner' in residence instructions mean 'partner' as defined in (a) above. 

c. A partner who does not meet the criteria in (a) above may not be included in a principal 

applicant’s application and must apply for residence as a principal applicant in their own 

right. 

R2.1.15 When may partners included in an application be granted a residence class 

visa? 

a. For a 'partner' included in an application to be granted a residence class visa an 

immigration officer must be satisfied that they meet 'partnership' instructions which are: 

i that the principal applicant and partner are living together in a genuine and stable 

partnership (see F2.10.1); and


ii that the couple have been living together in such a relationship for 12 months or more 

at the time the application is assessed; and 

iii that the partnership meets the minimum requirements for the recognition of 

partnerships set out at F2.15 in that: 

the couple were both aged 18 years or older at the time the application for residence 

class visa was made, or if aged 16 or 17 years old have the support of their 

parent(s) or guardian(s); and 

the couple have met prior to the application being made; and 

they are not close relatives (see F2.15(d)). 

b. When assessing if the duration of the partnership requirement in a. ii above is met 

immigration officers may include any period immediately prior to any marriage where they 

are satisfied the couple was living together in an interdependent partnership akin to a 

marriage. 

R2.1.15.1 What happens if an immigration officer is not satisfied that a couple are 

living together in a partnership that is genuine and stable? 

If an immigration officer is not satisfied the principal applicant and partner included in the 

application are living together in a partnership that is genuine and stable, then: 

a. the partner will not be granted a residence class visa; and 

b. if the principal applicant is reliant on: 

i the attributes of their partner included in the application; or 

ii the family relationship of their partner included in the application 

those attributes or relationships will not be taken into account when determining eligibility 

of the principal applicant under residence instructions. 

Examples: 

~ Under the Skilled Migrant Category (see SM10.10(c)) a principal applicant's partner's 

skilled employment in New Zealand will not qualify for points. 

~ Under the Sibling and Adult Child Category instructions (see F6.1(c)) where a principal 

applicant and partner included in the application have combined income as evidence of 

meeting the required minimum income requirement only the principal applicant's income 

may be taken into account when determining the total family income per year. 

R2.1.15.5 What happens if the partnership is considered to be genuine and stable but 

is less than the 12 months required? 

a. If an immigration officer is satisfied the principal applicant and partner included in the 

application are living together in a partnership that is genuine and stable, but the duration 

of that partnership is less than the 12 months required, then: 

i in any case where the grant of a residence class visa to a principal applicant is reliant 

on the relationship with or attributes of their partner the application must be declined 

under residence instructions; or 

ii in any case where the grant of a residence class visa to a principal applicant is not 

reliant on the relationship with or attributes of their partner the immigration officer 

may proceed with processing the principal applicant for the residence class visa but 

defer the final decision on the partner to enable the qualifying period to be met. 

b. If a partner's application for a residence class visa has been deferred as described in (a)(ii) 

above they may be granted a work visa (once an application has been made) for a period 

sufficient to enable the qualifying period to be met and any further assessment of their 

residence class visa application to be completed (see WF2.20).


R2.1.20 Evidence of relationship with partner 

Principal applicants must provide: 

a. evidence of their relationship with their partner included in the application; and 

b. evidence that their partnership is genuine and stable. (F2.20.15 sets out the types of 

evidence that are required). 

Note: In each case where a person relies on being the partner of a principal applicant for 

the purposes of inclusion in an application (and subsequent grant of a residence class visa), 

the onus of proving that the person included is the partner of the principal applicant, that 

their partnership is genuine and stable, and of the required duration lies with the principal 

applicant and their partner (see F2.5(c)). 

R2.1.25 Polygamous marriages and relationships 

As an exception to the exclusivity requirement which forms part of the definition of a genuine 

and stable partnership (see F2.10) principal applicants in polygamous marriages or 

relationships (i.e. marriages or relationships with more than one partner) may have only one 

partner included in their application for a residence class visa. 

R2.1.27 When may dependent children be included in an application and be granted a 

residence class visa? 

For a 'dependent child' to be included in an application to be granted a residence class visa, an 

immigration officer must be satisfied that they are a dependent child. 

R2.1.30 Definition of 'dependent child' 

See also Immigration (Visa, Entry Permission, and Related Matters) Regulations 2010, Regs, 4, 

20 

For the purpose of inclusion in an application, and despite the definition in section 4 of the 

Immigration Act 2009, a child is dependent if they: 

a. are: 

b. are: 

c. are: 

i aged 21 to 24, with no child(ren) of their own; and 

ii single; and 

iii totally or substantially reliant on the principal applicant and/or the principal applicant's 

partner for financial support, whether living with them or not; or 


ii single; or 

i aged 17 or younger; and 


iii totally or substantially reliant on the principal applicant and/or the principal applicant's 

partner for financial support, whether living with them or not. 

d. When determining whether a child of 21 to 24 years of age is totally or substantially 

reliant on the principal applicant and/or the principal applicant's partner for financial


support immigration officers must consider the whole application, taking into account all 

relevant factors including: 

• whether the child is in paid employment, whether this is full time or part time, and its 

duration; 

• whether the child has any other independent means of financial support; 

• whether the child is living with its parents or another family member, and the extent 

to which other support is provided; 

• whether the child is studying, and whether this is full time or part time. 

R2.1.35 Evidence of dependence 

a. Up to 17 years of age, if a child is single, they are presumed to be dependent unless there 

is evidence to the contrary. 

b. Children aged 18 to 20 years of age are presumed to be dependent if they are single and 

have no child(ren) of their own. 

c. For children aged 21 to 24 years of age, evidence of actual dependence may be required. 

R2.1.40 Evidence of relationship with dependent children 

The principal applicant must provide one of the following documents as evidence of the 

relationship of the principal applicant and/or partner included in the application with any 

dependent child included in the application: 

a. the original birth certificate showing the names of the parent(s); or 

b. original adoption papers showing that the child has been legally adopted by the principal 

applicant or partner; or 

c. in the case of a child adopted by custom, a declaration by the adoptive parent(s) separate 

from, and in addition to, any similar declaration made on an application form (see R3.5.1). 

R2.1.45 Children under 16 whose parents are separated or divorced 

a. If the parents of a child aged under 16 included in an application for a residence class visa 

are separated or divorced, the applicant parent must have the right to remove the child 

from the country in which rights of custody or visitation have been granted; or if no such 

rights have been granted, from the country of residence. 

b. Such children cannot be included in an application unless the applicant parent produces 

satisfactory evidence of their right to remove the child from the country in which the rights 

of custody or visitation have been granted or if no such rights have been granted, from the 

country of residence. 

c. Except where (d) applies, evidence of the right to remove the child from the country in 

which rights of custody or visitation have been granted must include original or certified 

copies of: 

i legal documents showing that the applicant has custody of the child and the sole right 

to determine the place of residence of the child, without rights of visitation by the 

other parent, or 

ii a court order permitting the applicant to remove the child from its country of 

residence; or


iii legal documents showing that the applicant has custody of the child and a signed 

statement from the other parent, witnessed in accordance with local practice or law, 

agreeing to allow the child to live in New Zealand if the application is approved. 

d. Where an immigration officer is satisfied that: 

i by virtue of local law, the applicant parent has the statutory right to custody of the 

child; and 

ii it is not possible or required under that local law to obtain individualised legal 

documents to verify that custodial right, the child may be included in the application. 

R2.1.50 Children under 16 with only one parent included in the application for a 

residence class visa. 

a. If one of the parents of a child aged under 16 is not included in the application for a 

residence class visa, the applicant parent must have the right to remove the child from its 


b. Such children cannot be included in an application unless the applicant parent produces 

satisfactory evidence of their right to remove the child from its country of residence. 

c. Except where (e) applies, evidence of the right to remove the child from its country of 

residence in cases where one parent is not included in the application for a residence class 

visa, but the parents are not separated or divorced, must include original or certified 

copies of: 

i a written statement confirmed by both parents at interview; or 

ii a court order permitting the applicant to remove the child from its country of 

residence. 

d. If, because of the death of one of the parents of a child aged under 16, only one parent is 

included in the application, the death certificate of the other parent must be provided. 

e. The child may be included in the application where an immigration officer is satisfied that: 

i by virtue of local law, the applicant parent has the statutory right to custody of the 

child; and 


documents to verify that custodial right. 

R2.1.55 Situation of dependent of partners included in an application 

a. Any dependent child who is reliant on inclusion in an application solely by virtue of being 

the dependent child of the principal applicant's partner included in an application (i.e. they 

are not a child of the principal applicant) may not be granted a residence class visa unless 

their parent partner is granted a residence class visa. 

b. If their parent partner is granted a work visa as provided for in R2.1.15.5 (b) above then 

they may also be granted a temporary visa of a type appropriate to their needs (once an 

application has been made) for the same period.


Example: a dependent child intending to attend school in New Zealand must apply for a 

student visa. 

R2.5 Who may not be included in an application 



The following people may not be included in an application: 

a. any child aged 25 and over (whether dependent or not), and 

b. any child aged 24 and under who is not a dependent child. 

R2.10 Where to lodge an application 


a. Applications should be lodged at the INZ branch or MFAT post responsible for receiving 

applications from the geographical area or country in which the principal applicant 

currently lives. A list of current Receiving Offices is contained in Appendix 2. 

b. If an application is lodged at an office other than the appropriate one, the application may 

be referred to the appropriate office. 

R2.15 Processing of applications 


a. Applications for residence class visas are processed by INZ branch offices and certain 

MFAT offices. 

b. INZ determines at which office an application is processed. This means that an application 

may be processed at an office other than the office where it is lodged. 

R2.20 Date an application is lodged 

An application is lodged on the date that INZ receives it. 


Note: If an application is processed using AMS, the date the application is lodged is referred to 

in AMS as the date 'tendered'. 

R2.25 Date an application is made 



a. An application is made on the date that it is lodged only if, on that date, it is lodged in the 

prescribed manner. 

b. Immigration officers determine whether applications are lodged in the prescribed manner 

by assessing whether all mandatory requirements (see R2.40) for lodgement have been 

met. 

c. If an immigration officer determines that an application is not lodged in the prescribed 

manner and requests further documents (see R2.50), the application is made on the date 

that INZ receives the last of any outstanding documents necessary to meet the prescribed 

manner for lodgement.


Note: If an application is processed using AMS, the date the application is made is referred to 

in AMS as the date 'accepted'. 

R2.30 Receipt of applications 


All applications and any evidence or information submitted in support of an application 

(whether at the same time or later) must be stamped with the date of the day on which they 

are lodged with INZ. 

R2.35 How an application must be lodged 

a. Applications must be lodged in the prescribed manner. 


b. The prescribed manner is the manner laid down for residence class visa applications in the 

Immigration (Visa, Entry Permission, and Related Matters) Regulations 2010, which set 

out the mandatory requirements for lodging an application. 


R2.40 Mandatory requirements for lodging an application for a residence 

class visa 


R2.40 Effective 04/04/2011 

R2.40 Effective 29/11/2010 


Unless RV1.10.10 applies, an application for a residence class visa made outside an 

immigration control area must be: 

a. made on an approved form; and 

b. completed in English; and 

c. signed by the applicant (unless the applicant is less than 18 years old, in which case it 

must be signed by a parent or guardian of the applicant); and 

d. given to an immigration officer together with the following material: 

i the applicant's passport or certificate of identity, or if this is unavailable, his or her 

original full birth certificate (or a certified copy) or other identity document (or a 

certified copy); and 

ii two passport-sized photographs of the applicant’s head and shoulders; and 

iii an original or certified copy of the applicant's full birth certificate or, if this is 

unobtainable, an original or certified copy of an identity card; and 

iv the appropriate fee (if any); and 

v any information and evidence required by the relevant immigration instructions that 

shows that the principal applicant fits the category or categories of residence 

instructions under which the application is being made; and 

vi a completed Medical Certificate for the applicant that is less than three months old, 

unless A4.20(d) applies; and


vii a completed Chest X-ray Certificate for the applicant that is less than three months old 

(except for pregnant women and children under the age of 11), unless A4.20(d) 

applies; 

viii a police or similar certificate, less than 6 months old, indicating the applicant's record 

of convictions or lack of convictions for their country of citizenship and for each 

country in which they have lived for 12 months or more during the past 10 years 

(except for applicants under 17 and except where the authorities of any such country 

will not generally provide certificates), unless A5.10(d)(iii) applies; and 

ix any other information, evidence and submissions that the principal applicant considers 

show fully that they are eligible to be granted a residence class visa in terms of the 

applicable residence instructions. 

R2.40.1 Mandatory requirements for lodging an application for a resident visa at an 

immigration control area 

See also Immigration (Visa, Entry Permission, and Related Matters) Regulations 2010, Regs 7, 

8 

a. An application for a resident visa can be made at an immigration control area by: 

i an Australian citizen; 

ii a holder of Australian permanent residence visas (including a resident return visa) 

iii a person who previously held a resident visa. 

b. An application for a resident visa at an immigration control area must: 

i be made on an approved form; and 

ii relate to only one person; and 

iii be completed in English; and 

iv be signed by the applicant, unless the applicant is less than 18 years old, in which 

case it must be signed by a parent or guardian (if the applicant is accompanied by a 

parent or guardian), or it is not required to be signed (if the applicant is not 

accompanied by a parent or guardian). 

v be given to an immigration officer together with the applicant’s passport or certificate 

of identity. 

R2.40.5 Definition of 'current' 

'Current' means, in relation to any document provided in support of an application or 

Expression of Interest, to meet: 

a. mandatory requirements for lodgement of an application; or 

b. other evidential requirements of residence instructions, 

that, at any relevant stage during the life of an application or an Expression of Interest (e.g. at 

the time an application or Expression of Interest is lodged, during assessment of the 

application or Expression of Interest and at the date of final decision on an application), that 

document is not expired. 

R2.40.10 Authority to waive mandatory requirements 

Immigration officers may only waive those mandatory requirements for which they have 

delegated authority to make a special direction.


R2.40.15 Requests for applications to be lodged otherwise than on an approved form 

See also Immigration (Visa, Entry Permission, and Related Matters) Regulations 2010, Regs 

21, 22 

a. The Immigration (Visa, Entry Permission, and Related Matters) Regulations 2010 allow for 

applications to be made otherwise than on the approved form. The purpose of these 

provisions is to allow for applications for visas to be processed rapidly, where the decision 

to grant or refuse a visa is straightforward and in an immigration officer’s view any 

verification requirements are minor in nature. 

b. Because of the complex nature of residence class visa applications and the high level of 

verification required, requests to lodge residence class visa applications otherwise than on 

the approved form will normally be refused. 

R2.40.20 Evidence of identity 

a. Mandatory requirements (see R2.40 above) relating to proof of identity require 

applications to include full birth certificates for every applicant, which usually state: 

i the applicant's name; and 

ii their date of birth; and 

iii their place of birth; and 

iv the names and occupations of their parents. 

b. If a full birth certificate is unobtainable, the applicant may submit an original or certified 

copy of an identity card. 

c. A full birth certificate is considered to be obtainable even if there is a possible delay or 

expense in obtaining it. 


R2.44 Additional requirements for an immigration adviser acting on behalf of 

an applicant 

See also Immigration Advisers Licensing Act 2007 s 9 

No immigration application or request put forward on behalf of another person from an 

unlicensed immigration adviser may be accepted, unless the immigration adviser is exempt 

from the requirement to be licensed under the Immigration Advisers Licensing Act 2007. 

R2.44.1 Persons exempt from licensing 

See also Immigration Advisers Licensing Act 2007 s 11 

The following persons are exempt from the requirement to be licensed under the Immigration 

Advisers Licensing Act 2007: 

a. a person who provides immigration advice in an informal or family context only, where the 

advice is not provided systematically or for a fee; 

b. a Member of Parliament, or their staff, who provides immigration advice as part of their 

employment agreement; 

c. a foreign diplomat or consular staff accorded protection as such under the Diplomatic 

Privileges and Immunities Act 1968 or the Consular Privileges and Immunities Act 1971; 

d. an employee of the New Zealand public service who provides immigration advice within 

the scope of their employment agreement;


e. a lawyer who holds a current practising certificate as a barrister or as a barrister and 

solicitor of the High Court of New Zealand; 

f. a person employed by or working as a volunteer for a New Zealand community law centre 

where at least one lawyer is on the employing body of the community law centre or is 

employed by or working as a volunteer for the community law centre in a supervisory 

capacity; 

g. a person employed by or working as a volunteer for a New Zealand citizens advice bureau; 

and 

h. a person who provides immigration advice offshore in relation to applications or potential 

applications for temporary entry class visas with conditions authorising study in New 

Zealand only. 

R2.45 Additional requirements 


See also Immigration (Visa, Entry Permission, and Related Matters) Regulations 2010, regs 5, 

7, 8 

Before determining the application, an immigration officer processing an application may 

require the applicant: 

a. to appear before an immigration officer for an interview; and/or 

b. to produce any other photographs, documents, evidence, and information the officer 

thinks necessary to help in determining the application; and/or 

c. to undergo a further medical examination (unless the applicant previously held a resident 

visa and is applying for a resident visa at an immigration control area). 

R2.46 DNA testing for verifying claimed relationships 


a. DNA testing provides the most reliable evidence of whether or not a claimed biological 

relationship exists. In certain cases, DNA test evidence will be the only evidence available 

to satisfy an immigration officer of a claimed relationship because documentary and other 

evidence of the relationship does not exist or is unreliable. 

b. In situations where documentation does not exist or is unreliable, an immigration officer 

may raise the possibility of undertaking DNA testing with the applicant. 

c. DNA testing is voluntary for applicants and sponsors. If an applicant or sponsor, having 

been advised of the possibility of DNA testing, decides not to undertake such testing, no 

adverse inference may be drawn from this decision, and such a decision of itself will not be 

a reason to decline an application. 

d. DNA test results must be considered in the context of all other information and evidence 

relevant to the claimed relationship. 

e. An immigration officer may accept results of a DNA test as part of an application at any 

time. 

f. Only DNA tests carried out by an INZ-approved laboratory in accordance with standard 

procedures will be accepted as evidence of claimed relationships under these instructions.


g. Usually an applicant/sponsor will be expected to pay the costs of the DNA testing used to 

support the claims in their residence class visa application. On a case by case basis, INZ 

may consider paying for the DNA test costs. 

h. Where the applicant/sponsor has accepted an INZ invitation to undertake DNA testing to 

prove a relationship between an applicant and a sponsor who has obtained residence in 

New Zealand under the Refugee Quota, the costs of that test will be met by INZ. 

i. All DNA testing carried out under these instructions is done so in accordance with the 

Information Privacy Principles of the Privacy Act 1993. 

R2.50 Applications not lodged in the prescribed manner 


a. An application must be returned if it is submitted by an unlicensed immigration adviser 

(see R2.44) unless they are exempt from licensing. 

b. Except where the provisions of paragraph (a) above apply, INZ may, at its discretion, hold 

applications that are not lodged in the prescribed manner (see R2.35 and R2.40) for a 

specified period of time until any outstanding requirements have been met; but INZ does 

not consider such applications to have been made. 

c. INZ is under no obligation to hold an application that is not lodged in the prescribed 

manner. 

d. When an application is lodged in an incomplete but minor and easily corrected manner, 

immigration officers will: 

i hold the papers; and 

ii notify the principal applicant or agent that the application has not been lodged in the 

prescribed manner but is being held for a limited time to enable the principal applicant 

or agent to meet the outstanding mandatory requirements; and 

iii notify the principal applicant or agent of the documents required for the application to 

meet the mandatory requirements (see R2.40) for lodging an application. 

e. Where (b) or (d) apply, principal applicants will be given a specified time to complete the 

outstanding requirements, and if they do not do so, the application may be returned to the 

principal applicant or agent. 

f. When an application is not lodged in the prescribed manner and the provisions of 

paragraphs (b) or (d) above do not apply, the application must be returned to the principal 

applicant or agent. 

R2.55 How to submit documents 

See previous instructions: R2.55 Effective 29/11/2010 


a. All documents submitted in support of an application for a residence class visa must be 

originals, or certified copies. 

b. Certified copies must be stamped or endorsed as being true copies of the originals by a 

person authorised by law to take statutory declarations in the applicant's country or in 

New Zealand. 

Examples: a lawyer, notary public, Justice of the Peace, or court official.


c. If certified copies are supplied, immigration officers may also request the original 

documents. 

R2.55.1 Translations 

a. Any documents not in English must be accompanied by an English translation containing 

the information normally found in an equivalent New Zealand document, or sufficient 

information to show that the applicant has met the criteria set out in instructions. 

b. INZ may, at its discretion, require applicants to provide full English translations of 

documents. 

c. Translations must: 

i not be prepared by an applicant, any member of their family or an immigration adviser 

assisting with the application; and 

ii be accompanied by the original documents or certified copies; and 

iii be certified as a correct translation made by a person familiar with both languages and 

competent in translation work; and 

iv bear the stamp or signature of the translator or translation business; and 

v if applicable, be on the official letterhead of the translation business. 

d. Officers may: 

i request a translation of the complete document where the translation is of a selected 

part(s) of the document; and 

ii request a translation by a different (specified) translation service where they are not 

satisfied by the initial translation. 

Note: If a translation by a different (specified) translation service is requested the reason(s) 

behind the request must be clearly documented and conveyed to the applicant by INZ. 

R2.60 Payment of the fee 


See also Immigration (Visa, Entry Permission, and Related Matters) Regulations 2010 

a. Principal applicants must pay the fee specified for that type of application at the time the 

application is lodged, unless: 

i the fee is waived by an officer with schedule 1-3 delegations, who has the authority to 

grant a special direction under section 395 (2) of the Immigration Act 2009; or 

ii the principal applicant is a citizen of a country with which New Zealand has a fee 

waiver agreement covering visas (see Immigration (Visa, Entry Permission, and 

Related Matters) Regulations 2010). 

b. A receiving office is an INZ office or MFAT post designated for receiving applications from 

particular countries (see Appendix 2). 

c. The fee payable for an application is determined by the receiving office designated for 

receiving applications from the principal applicant's country of citizenship. 

d. If a principal applicant is resident in a country other than their country of citizenship, they 

may lodge their application at the office designated for receiving applications from the 

country in which they are residing, but the fee payable will be the fee for the office 

designated to receive applications from their country of citizenship.


e. If the principal applicant is in New Zealand and lodges an application in New Zealand, the 

fee payable for the application is the fee payable for applications lodged in New Zealand, 

regardless of the principal applicant's citizenship. 

f. Fees may be paid or by bank cheque, as well as by money order (from registered banks), 

credit card or EFTPOS (Electronic Funds Transfer Point of Sale), if these forms of payment 

are acceptable to the INZ branch office or MFAT office at which an application is lodged. 

g. With the exception of the following offshore INZ branches, Beijing, Dubai, Jakarta, 

Moscow, and Shanghai, cash is not an acceptable form of payment. 

h. Bank cheques for applications lodged at INZ offices in New Zealand should be made out to 

‘Immigration New Zealand’. 

R2.65 Lodging an Expression of Interest 


See also Immigration (Visa, Entry Permission, and Related Matters) Regulations 2010, reg 9 

a. In some cases a person may only apply for a residence class visa if they have earlier been 

invited to apply for residence by an immigration officer. An invitation to apply for 

residence is sought through the completion and lodgement of an Expression of Interest. 

b. The prescribed manner for completing and submitting an Expression of Interest is that the 

person expressing interest submits to an immigration officer: 

i the completed Expression of Interest form; and 

ii the appropriate fee (if any). 

Note: The completed form can be submitted electronically or in paper form. 

c. Expressions of Interest submitted electronically can only be submitted via the INZ website. 



R3 GENERIC ADOPTIONS 

R3.1 Definition of 'adoption' 

'Adoption' means: 

a. a legal adoption; or 

b. an adoption by custom which has occurred at an early age within an extended family. 

R3.5 Implications of adoptive relationships 


a. People who have been legally adopted, or who have been adopted by custom are regarded 

as members of the family into which they have been adopted, if an immigration officer is 

satisfied that a legal or customary adoption has taken place. 

b. If an immigration officer is satisfied that a legal or customary adoption has taken place, 

the person who has been adopted will not be regarded as a member of their biological 

family under residence instructions for the purposes of: 

i inclusion in an application for a residence class visa made by their biological family; 

and 

ii sponsorship of members of their biological family for a residence class visa in New 

Zealand; and 

iii sponsorship by members of their biological family for a residence class visa in New 


iv determining eligibility for a residence class visa under one of the Family Categories. 

R3.5.1 Evidence of adoption 

a. Evidence of a legal adoption is original or certified copies of adoption papers. 

b. Evidence of a customary adoption is a written declaration by the adoptive parents stating: 

i that the person has been adopted by them; and 

ii the date of the adoption; and 

iii the country in which the adoption took place. 

c. INZ may seek confirmation of a customary adoption from the person's biological parent(s), 

or adoptive parent(s) as applicable. 

d. Immigration officers should consult applications lodged by any other family members to 

confirm whether a customary adoption has been declared. Immigration officers should 

take such declarations into account when determining whether an adoption by custom has 

taken place. However, if there are discrepancies between declarations on application 

forms, immigration officers should not automatically assume that the adoption has not 

taken place but should refer to R5.15 ('Explaining discrepancies in family details'). 

e. Under the Dependent Child Category (see F5), if a person has been legally adopted by a 

person who is a New Zealand citizen or residence class visa holder evidence that an 

overseas adoption has the same effect as a New Zealand adoption under section 17 of the 

Adoption Act 1955 must also be provided (see F5.10.25). 



R4 SPONSORSHIP FOR RESIDENCE CLASS VISAS 

R4.1 Objective 

A New Zealand sponsor is a requirement in some residence categories in order to: 

a. improve settlement outcomes for the applicant; and 

b. ensure that the applicant has a means of support in New Zealand; and 

c. protect the Crown from the potential cost of the applicant seeking government assistance. 

R4.5 Acceptable sponsors 

See also Immigration Act 2009, s 48 

a. In order to sponsor an applicant for a residence class visa, a sponsor must be 


i deemed acceptable by the Minister of Immigration or an immigration officer; and 

ii meet the relevant eligibility criteria for acceptable sponsors set out in this chapter; 

and 

iii meet any further criteria imposed by the specific residence category the applicant is 

applying under. 

b. It is a matter for the absolute discretion of the Minister of Immigration or an immigration 

officer whether a person is acceptable as a sponsor. 

c. A sponsor may be a natural person, an organisation or a government agency. A specific 

residence category may specify restrictions regarding the types of entity that may sponsor 

under that category. 

d. If the sponsor is a natural person then they: 

i must be a New Zealand citizen or the holder of a current residence class visa that is 

not subject to conditions under section 49(1)(a) or section 50 of the Immigration Act 

2009; and 

ii must have been a New Zealand citizen and/or the holder of a New Zealand residence 

class visa (or a residence permit or returning resident’s visa under the Immigration 

Act 1987) for at least three years immediately preceding the date the application they 

wish to sponsor is made; and 

iii must be ordinarily resident in New Zealand and for each of the three 12 month 

portions within the three years immediately preceding the date the application they 

wish to sponsor is made, have spent a total of 184 days or more in New Zealand; and 

iv must not sponsor for the purpose of receiving a financial reward or fee; and 

v must not have been convicted at any time of an offence under immigration law; and 

vi must not have an outstanding debt to the Crown or other third parties as a result of 

another sponsorship arrangement; and 

vii must not sponsor a person if they have previously breached sponsorship obligations; 

and 

viii must not have entered insolvency procedures or be adjudicated bankrupt; and 

ix must not be liable for deportation; and 

x must not be serving a custodial sentence or be awaiting sentencing after being 

convicted of a crime which carries a custodial sentence.


e. If the sponsor is an organisation it: 

i must be registered in New Zealand as a company, incorporated society or charitable 

trust; and 

ii must identify a clear link between the organisation’s activities and the purpose for 

which the applicant is coming to New Zealand; and 

iii must not sponsor for the purpose of receiving a financial reward or fee; and 

iv must not have been convicted of an offence under immigration law, and must not have 

any listed directors, trustees, or management, who have been convicted of an offence 

under immigration law; and 

v must not have an outstanding debt to the Crown or other third parties as a result of 

another sponsorship arrangement; and 

vi must not sponsor a person if they have previously breached sponsorship obligations; 

and 

vii must not be in receivership or liquidation. 

Note: Sponsoring an employee for the purpose of employment that is expected to result in 

a profit being made for the sponsor is not considered to be ‘financial reward’. 

f. If the sponsor is an a government agency, it must be a government department under the 

State Sector Act 1988, or a Crown entity as defined in section 7(1) of the Crown Entities 

Act 2004. 

Note: for the purpose of sponsorship requirements, a Crown entity as defined in section 

7(1) of the Crown Entities Act 2004 includes Crown agents, autonomous Crown entities and 

independent Crown entities, Crown entity companies, Crown entity subsidiaries, school 

boards of trustees, and tertiary institutions. 

g. If a sponsor is not a natural person they must nominate an individual as the authorised 

contact for the purposes of sponsorship. 

h. If a sponsor does not meet the crtieria to be an acceptable sponsor, the reasons for this 

decision must be put to the applicant to allow the sponsor to respond. 

R4.10 Sponsorship undertakings 



a. Sponsorship creates a responsibility for the sponsor to ensure the sponsored person has 

accommodation, maintenance while in New Zealand, and outward travel. 

b. The undertakings for which a sponsor is responsible, and in relation to which a debt is 

recoverable from the sponsor, are: 

i accommodation, meaning suitable accommodation for the sponsored person in New 

Zealand, where the sponsored person does not have the means for their own 

accommodation; and 

ii maintenance, meaning the reasonable costs of essential provisions needed for the 

sponsored person’s health and welfare in New Zealand, where they do not have the 

means for these. This may include but is not limited to food, clothing and medical 

treatment where required; and 

iii repatriation, meaning any costs associated with the sponsored person leaving New 

Zealand at the end of the sponsorship period if the person: 

does not have the means for their own repatriation (or refuses to pay for it); or


is liable for deportation. 

iv deportation, meaning any costs that are incurred during the sponsorship period in 

relation to the sponsored person’s deportation, which could include the costs of 

locating, detaining and maintaining the person, and their travel costs in being 

deported. 

c. A visa holder themselves may have the means to fund their own maintenance, 

accommodation, and outward travel. However, if they do not, or refuse to, the sponsor is 

required to either provide these themselves directly or pay for the cost of providing them. 

R4.15 Breach of sponsorship undertakings 



a. Where sponsorship is required by the immigration instructions for a resident visa 

application, it is an ongoing condition of the visa granted to the sponsored person. 

b. If costs are incurred by the Crown or a third party because any part of the maintenance, 

accommodation or outward travel needs of a sponsored person were not met, the sponsor 

is considered to have breached their sponsorship undertaking. 

c. If costs are incurred by the Crown or a third party as a result of a sponsor breaching their 

sponsorship undertakings, 

i the visa holder is deemed to have breached the conditions of their visa and will 

therefore become liable for deportation; and 

ii these costs are considered to be a debt owed by the sponsor, and the sponsor is liable 

to be pursued by the Crown or the third party to recover this debt. 

d. A sponsor’s liability for any debt incurred to the crown or a third party as a result of a 

breach of their sponsorship undertakings remains: 

i after the end of the sponsorship period, until the debt is recovered; and 

ii regardless of the subsequent status of the sponsored person in New Zealand or the 

departure of the sponsored person from New Zealand. 


R4.20 Duration of sponsorship period 

a. The responsibility of the sponsor to meet their undertakings remains in place from the 

date the sponsored person arrives in New Zealand, or if they are already onshore, from 

the date the visa with sponsorship conditions is granted, until the earliest of: 

i the date the person sponsored is granted a new visa with a new sponsor or no 

sponsorship requirement; or 

ii the date at the end of the duration stipulated in the category under which the person 

received their visa; or 

iii the date the sponsored person is deported from New Zealand. 

R4.25 Evidence of sponsorship 


a. Sponsors must provide the completed sponsorship form required by the category of 

residence instructions the application is being made under.


b. Sponsors must provide evidence that they are an acceptable sponsor and have the 

financial means to meet all sponsorship undertakings. 

c. An Immigration Officer may request additional evidence that a sponsor is an acceptable 

sponsor and is able to meet their sponsorship undertakings. 

d. If a sponsor is an organisation, they must provide evidence that they are registered in 

New Zealand as a company, incorporated society or charitable trust. 

R4.25.1 Evidence for sponsors who are natural persons 

a. Evidence that sponsors are New Zealand citizens may include, but is not limited to, 

original or certified copies of: 

• New Zealand passport; or 

• a New Zealand birth certificate issued prior to 1 January 2006; or 

• a New Zealand birth certificate issued on or after 1 January 2006 that positively 

indicates New Zealand citizenship; or 

• a certificate of New Zealand citizenship; or 

• a confirmation of New Zealand citizenship by descent certificate issued under the 

Citizenship Act 1977; or 

• an evidentiary certificate issued under the Citizenship Act 1977 confirming New 

Zealand citizenship; or 

• an endorsement in a foreign passport indicating the fact of New Zealand citizenship. 

b. Evidence that sponsors are residence class visa holders may include but is not limited to 


• a current New Zealand residence class visa in their passport or a certificate of identity; 

or 

• evidence the sponsor is deemed to hold a residence class visa. 

c. Evidence of a sponsors time spent in New Zealand as a New Zealand citizen or residence 

class visa holder may include: 

• INZ records of sponsors' entry to and exit from New Zealand; or 

• the sponsor’s current or previous passports; or 

• any other evidence of time spent in New Zealand provided by a sponsor or sought by 

INZ. 

Note: Periods during which a residence class visa holder has been in New Zealand are 

calculated inclusive of both arrival and departure dates. 



R5 DETERMINING AN APPLICATION 

R5.1 Applications determined by INZ officers 


a. Immigration officers must determine applications for residence class visas in accordance 

with: 

i the requirements of the Immigration Act 2009; and 

ii residence instructions applying at the time the application is made. 

b. Any discretion officers exercise must be in terms of the applicable residence instructions. 

R5.5 Evidential requirements 



a. Immigration officers must be satisfied that the information an applicant submits complies 

with the evidential requirements set out in residence instructions. 

b. Even if an applicant meets the specific evidential requirements, an immigration officer may 

still decide that additional evidence is necessary. 

c. Immigration officers should use their discretion to decide what is sufficient evidence for 

rules and criteria that have no specific evidential requirements. 

R5.6 Age of applicant 


An applicant's age at the time an application is made is the age at which the applicant will be 

assessed under residence instructions unless otherwise specified in a particular provision within 

residence instructions. 

R5.10 Verification 


Immigration officers have a general obligation to take the steps that are necessary or 

appropriate to verify any documentation or information (see Z) relevant to any decision under 

residence instructions, whether or not a particular provision enables or obliges them to do so. 

R5.15 Explaining discrepancies in family details 


a. Under the principles of fairness and natural justice, applicants must be given an 

opportunity to explain any discrepancies in the details of their immediate family, if those 

discrepancies are materially relevant to the application. 

b. Applicants, or other relevant parties, may be required to provide the explanation in writing 

and/or at an interview, and if given at interview the explanation must be recorded in 

writing. 

c. If applicants or other relevant parties are required to provide the explanation in writing, 

they must be given a reasonable time in which to do so and must know what it is they are 

expected to explain.


d. If, as the result of an explanation, the immigration officer is satisfied that the details 

provided by the applicant are correct, or that the applicant has genuinely misunderstood 

the requirements, the officer should continue to assess the application. 

R5.15.1 False or misleading information 

a. If an immigration officer has reasonable cause to believe that an applicant has: 

i supplied incorrect information; or 

ii failed to declare relevant family members in a deliberate attempt to mislead, 

the officer should consider declining the application under the character provisions of the 

Administration chapter (A5). 

b. If the application is declined on character grounds, the officer should continue to assess 

the application and, if the application fails to meet other applicable residence instructions 

requirements, also decline the application on those grounds. 

R5.18 Effect of provisions of the Prostitution Reform Act 2003 


No residence class visa may be granted in contravention of the Prostitution Reform Act 2003. 

That act provides that: 

a. No visa may be granted to a person on the basis that they: 

i Have provided, or intend to provide, commercial sexual services; or 

ii Have provided, or intend to act as an operator of a business of prostitution; or 

iii Have invested, or intends to invest, in a business of prostitution. 

b. If the holder of a resident visa is subject to any conditions under section 49(1) of the 

Immigration Act 2009, the condition is considered not to be met (for the purposes of the 

holder becoming liable for deportation) if the visa holder acts as an operator of, or invests 

in, a New Zealand business of prostitution. 

R5.20 Assessment of applications under nominated category 


a. Immigration officers need only assess applications under the category the principal 

applicant nominates. 

b. Officers are not obliged to seek further information to determine whether the principal 

applicant may be eligible under another category. 

c. However, officers should request further information to enable the application to be 

assessed under another category if: 

i an application does not meet the criteria for approval under the category in which it 

was made; and 

ii information contained in the application form or accompanying documents clearly 

indicates that the principal applicant may be eligible under that other category. 

Note: Resident visas can only be granted under the Skilled Migrant Category to a person who 

has been invited by an immigration officer to apply for a residence class visas under the Skilled 

Migrant Category.


R5.20.1 Further information 


a. Further information may be submitted at any time before a final decision is made on an 

application. Immigration officers must take into account any relevant information 

submitted by applicants before a final decision is made. 

b. Immigration officers should also take into account any relevant information held about 

previous applications. 

c. If applicants do not respond within the specified time to a request from an immigration 

officer for further information, evidence or documents, or an interview, the application 

may be assessed on the relevant information then available to INZ, unless it is reasonable 

to enquire further. 

d. Applicants must inform an immigration officer of any relevant fact, including any material 

change in circumstances that occurs after the application is made, if that fact or change in 

circumstances: 

i may affect the decision on the application; or 

ii may affect a decision to grant entry permission to the holder of a visa. 

e. Every person expressing an interest in obtaining an invitation to apply for a residence class 

visa under section 92 of the Immigration Act 2009 must inform an immigration officer of 

any relevant fact, including any change in circumstances that occurs after the expression 

of interest is notified, if that fact or change in circumstances: 

i may affect the decision to issue an invitation to apply for a residence class visa; or 

ii may affect a decision to grant a residence class visa as a consequence of the invitation 

to apply. 

f. A change in circumstances may relate to the applicant or another person included in the 

application, and may relate to any matter relevant to the applicable instructions. 

g. Failure to comply with the requirements of (d) or (e) above: 

i amounts to 'concealment of information' for the purposes of section 158 of the 

Immigration Act; and 

ii may lead to the holder of any visa granted being made liable for deportation. 

h. It is sufficient grounds for the Minister of Immigration or an immigration officer to decline 

to grant a visa to a person if the Minister or officer is satisfied that the person: 

i whether personally or through an agent, in expressing their interest in obtaining an 

invitation to apply for a residence class visa submitted false or misleading information, 

or withheld relevant information that was potentially prejudicial to the issue of the 

invitation; or 

ii did not ensure that an immigration officer was informed of any material change in 

circumstances between the time of expressing interest and the time of the person's 

application for the relevant visa; or 

iii whether personally or through an agent, in applying for the visa submitted false or 

misleading information or withheld relevant information that was potentially 

prejudicial to granting the visa; or 

iv did not ensure that an immigration officer was informed of any material change in 

circumstances between the time of making the application and the time of a decision 

on the application.


R5.20.5 Potentially prejudicial information 

In accordance with the principles of fairness and natural justice set out in the Administration 

chapter (A1), applicants for a residence class visa will be given the opportunity to comment 

before a decision is made to decline to grant a visa on the basis of any potentially prejudicial 

information that they are not necessarily aware of. 

R5.20.10 Documenting decisions 

All immigration officers must observe the following procedures to ensure that decisions on 

applications for a residence class visa are properly documented: 

a. make all file records (particularly file notes and instructions) accurate, clear, complete and 

factual; and 

b. give all decisions on applications in writing to applicants (or their representatives); and 

c. state the full reasons for the decisions (without prejudicing any risk profiles); and 

d. if an applicant does not meet the criteria set out in the instructions on several grounds, 

the letter declining their application must state why the applicant fails on each count. 

R5.25 Reclaiming airfares and expenses 


a. If a person included in a residence class visa application has been previously removed or 

deported or repatriated from New Zealand, no visa may be granted to anyone included in 

the application until all expenses incurred by INZ in deporting or repatriating them are 

repaid. 

b. Any approval in principle letter (see R5.45) must contain the requirement that all costs be 

repaid and also show the amount to be repaid. 

R5.30 Approving an application 


Applications for a residence class visa must be approved if the immigration officer is satisfied 

that: 

a. the applicant has provided all evidence required by the applicable residence instructions, 

and any additional evidence requested by the immigration officer; and 

b. the applicant meets applicable residence instructions including the requirements of health 

and character. 

R5.30.1 Approving an application for a resident visa made at an immigration control 

area by holders of current Australian permanent residence visas, current Australian 

resident return visas or valid Australian passports 

a. People who hold current Australian permanent residence visas, current Australian resident 

return visas or valid Australian passports may be granted resident visas on arrival in New 

Zealand, provided they have not been excluded under sections 15 or 16 of the 

Immigration Act 2009 (see A5.20) 

b. If sections 15 or 16 apply, a resident visa may be granted only in accordance with a 

special direction made under section 17 (see RA8).


Note: A resident visa granted to an Australian passport holder will be an electronic record held 

by INZ. If an Australian passport holder requires evidence of their resident status in New 

Zealand, they may apply for a confirmation of a residence class visa (R7). 


R5.35 Later application under one of the Family Categories by previous 

applicants 

An applicant for a residence class visa in New Zealand under one of the Family Categories 

must not be approved under those instructions if their application is based on their relationship 

to a New Zealand permanent resident, resident or citizen who originally obtained a residence 

class visa as the partner or dependent child(ren) of the applicant or the applicant's partner. 

R5.45 Approval in principle 


a. An application for a residence class visa is approved in principle at such time as an 

immigration officer is satisfied that all evidential and verification requirements necessary 

to demonstrate eligibility under the relevant instructions have been met with the exception 

of the payment of any ESOL tuition fee. 

b. The date of approval in principle is the date of the letter to the principal applicant or their 

agent advising that approval in principle has been given. 

c. If evidence that requirements have been met has not been submitted, or a fee or charge 

has not been paid within the period specified in the original letter advising of approval in 

principle, the application must be declined unless an immigration officer is satisfied that 

circumstances warrant extending that period. 

R5.45.1 Information received after approval in principle has been given 

In accordance with the principles of fairness and natural justice provided in the Administration 

chapter (A1), principal applicants must be given the opportunity to comment on the basis of 

any potentially prejudicial information that comes to light after approval in principle, before a 

final decision on their eligibility under residence instructions (including Health and Character 

requirements) is made. 

R5.50 Lapsing an application 


R5.50.1 Lapsing an application on the grounds that the applicant has failed to 

provide their travel document to INZ 

a. Unless paragraph (b) applies, an application will be considered to be lapsed, and must be 

declined, if a principal applicant has not provided their travel document to INZ for the 

grant of a residence class visa within 6 months from the date of advice that the application 

has met the requirements for approval. 

b. Immigration officers must consider any relevant circumstances in deciding whether or not 

to lapse and then decline an application, including but not limited to: 

i the death of a family member, 

ii illness, 

iii loss or theft of documentation,


and they may, if appropriate, extend the 6-month period referred to in paragraph (a) 

above. 

c. Any application lapsed under this provision will not result in the refund of the application 

fee. 

R5.50.5 Lapsing an application on the grounds that the applicant has failed to 

deposit a migrant levy with INZ 

a. Unless paragraph (b) applies, an application will be considered to be lapsed, and must be 

declined, if a principal applicant has not deposited any applicable migrant levy (R5.90) 

with INZ within 6 months from the date of advice that the application has met the 

requirements for approval. 

b. Immigration officers must consider any relevant circumstances in deciding whether or not 

to lapse and then decline an application, including but not limited to: 

i the death of a family member, 

ii illness, 

iii unexpected financial hardship, 

and they may, if appropriate, extend the 6-month period referred to in paragraph (a) 

above. 

c. Any application lapsed under this provision will not result in the refund of the application 

fee. 

R5.55 Declining an application 


Where an application is being declined because: 


a. it does not meet residence instructions or is lapsed under the provisions at R5.50, refer to 

R5.55.1 and R5.55.5. 

b. person included in the application is a person to whom sections 15 or 16 applies, refer to 

R5.55.15. 

R5.55.1 Declining an application where it does not meet residence instructions or is 

lapsed under the provisions at R5.50 

a. Applications that do not meet residence instructions and applications that are considered 

to be lapsed under the provisions at R5.50 must be declined. 

b. If an application is declined, immigration officers must notify the principal applicant in 

writing, informing the principal applicant: 

i of the reasons why the application has been declined (giving the points total, if 

appropriate), and 

ii of their right to appeal to the Immigration and Protection Tribunal and how they 

should lodge the appeal. 

Note: The form Immigration and Protection Tribunal - Residence Class Visa Appeal (Form 1) or a link to the form on the Ministry of Justice website must be 

included in the letter advising that the application has been declined.


c. Immigration officers must record the date that any letter advising that the application has 

been declined is posted. 

R5.55.5 Right of Appeal to the Immigration and Protection Tribunal 


a. Appeals must be lodged within 42 days after the date that an applicant is deemed to have 

received a letter advising that an application for a residence class visa has been declined. 

b. Appeals must be lodged on the form Immigration and Protection Tribunal - Residence 

Class Visa Appeal (Form 1) which contains information on: 

i how to lodge an appeal, 

ii the required fee, 

iii how the time limit for lodging an appeal is calculated. 

Note: There is no right of appeal to the Immigration and Protection Tribunal for applicants who 

have been declined on the basis that sections 15 or 16 apply to them (see R5.55.15). 

R5.55.15 Declining an application where it includes a person to whom sections 15 or 

16 apply 

a. Pursuant to A5.20, any application including a person to whom sections 15 or 16 of the 

Immigration Act 2009 apply, must be declined unless covered by one of the exceptions 

identified at A5.20(a). 

b. If an application is declined, immigration officers must notify the principal applicant in 

writing, informing the principal applicant that the application has been declined as a 

person included in the application is prohibited by statute from entitlement or eligibility for 

the grant of a residence class visa by virtue of sections 15 or 16. 

Note: An application declined on this basis shall not be assessed under residence 

instructions. 

c. Immigration officers must record the date that any letter advising that the application has 

been declined, is posted. 

Note: An applicant to whom sections 15 or 16 apply who is included in an application 

declined on this basis has no right of appeal to the Immigration and Protection Tribunal, but 

other applicants included in that application to whom sections 15 or 16 do not apply, may 

appeal. 

R5.60 Date of final decision 


a. The date of final decision on an application that is declined is the date when the letter 

advising that the application has been declined, is posted. 

b. The date of final decision on an application that is approved is the date of grant of the 

residence class visa. 

R5.65 Approved applications for residence class visas 


a. Unless otherwise stated, an approved application for a residence class visa will result in 

the grant of a resident visa.


b. The travel conditions to be granted on a resident visa are set out at R5.66. 

c. A permanent resident visa may be granted as a result of an approved application for a: 

i permanent resident visa, by a resident visa holder who meets the requirements set 

out in RV2; 

ii residence class visa under Partnership Category, by a person who meets the 

requirements set out F2.5.1; 

iii residence class visa under the Talent (Accredited Employer) Category, by a person 

who meets the requirements set out at RW2.1; 

iv residence class visa by a quota refugee, asylum seeker or protected person (S3.10) 

R5.65.1 Resident visas subject to conditions 


a. When a principal applicant is granted a resident visa subject to conditions, the resident 

visas of any accompanying partner and dependent child will be subject to the condition 

that "the principal applicant comply with the conditions of the principal applicant's visa". 

b. For applications based on partnership, or dependent child relationships, any applicant who 

is supported by a person whose resident visa is subject to conditions at the time the 

sponsorship was undertaken or support was given, will be granted a resident visa subject 

to the condition that "[name of supporter] comply with the requirements of [his or her] 

visa". 

R5.66 Travel conditions on resident visas 



a. Unless a resident visa is granted at an immigration control area, all resident visas may be 

granted with travel conditions allowing: 

i first arrival by a certain date, if the applicant is offshore (unless the resident visa is a 

second or subsequent resident visa granted under RV4); and 

ii multiple entries current either for a set period from date of the initial grant of entry 

permission based on the resident visa, or until a certain date. 

b. The currency of these travel conditions are determined by the residence category under 

which the resident visa has been granted. 

R5.66.1 Travel conditions allowing first entry for applicants overseas when the 

resident visa is granted 

a. If an applicant is offshore at the time their application for a resident visa is granted, the 

following travel conditions must be granted to allow their first entry to New Zealand as a 

resident: 

i first entry within one year after the grant of the visa, unless the resident visa was 

granted under the Samoan Quota Scheme (see S1.10.55), or the Pacific Access 

Category (see S1.40.55); or 

ii first entry within three months after the grant of the visa, if the resident visa was 

granted under the Samoan Quota Scheme (see S1.10.55), or the Pacific Access 

Category (see S1.40.55). 

b. No variation to travel conditions pertaining to first entry may be granted.


c. People with resident visas who fail to travel to New Zealand within the validity of their first 

travel condition must submit a further application for a residence class visa if they still 

wish to live in New Zealand. 

Note: 

~ In the case of applicants who wish to re-apply for a residence class visa under categories 

which require selection from a ballot (e.g. Samoan Quota, Pacific Access Category) such 

applicants must re-register for a ballot and submit a new application for a residence class 

visa if they are successful in such a ballot. 

~ Applicants who wish to re-apply for a residence class visa under categories which require 

an invitation to apply following selection from a pool (e.g. Skilled Migrant Category) must 

submit a new Expression of Interest and subsequently be invited to apply for residence. 

d. Any new residence class visa application must be lodged in the prescribed manner and will 

be assessed against residence instructions applying at the time the new application is 

made. 

e. Visas will be granted only if the applicant's travel document is current for the proposed 

currency of the initial travel conditions. 

R5.66.5 Travel conditions allowing multiple entries from the first day in New Zealand 

as a resident 

a. A resident visa may be granted with travel conditions allowing multiple entries for two 

years from the applicant’s first day in New Zealand as a resident, unless the visa is 

granted under the Parent Category (F4). Visas granted under the Parent Category may be 

granted multiple entry travel conditions for five years from the applicant’s first day in New 

Zealand as a resident (see F4.50). 

b. A person’s first day in New Zealand as a resident is either: 

i the day their resident visa is granted in New Zealand; or 

ii the day they are first granted entry permission on the basis of their resident visa, if 

they were outside of New Zealand when their resident visa was granted. 

c. If a resident visa holder fails to travel to New Zealand within the validity of their first entry 

travel condition, their multiple entry travel conditions never become valid. 

d. If the holder of a resident visa wishes to travel to New Zealand outside of the validity of 

their multiple entry travel conditions and they do not qualify for a permanent resident visa 

(see RV2), they may apply for a variation of their travel conditions (RV3). 

R5.66.10 Former New Zealand citizens deemed to hold a resident visa 


a. Former New Zealand citizens who have renounced their New Zealand citizenship and are 

deemed to hold a resident visa under section 75 may be granted multiple entry travel 

conditions for two years from the date they renounced their citizenship. 

b. Former New Zealand citizens who have been deprived of their New Zealand citizenship are 

deemed to hold a resident visa under section 75 may be granted multiple entry travel 

conditions for the duration they would be eligible for if they applied for a variation of travel 

conditions (RV3). 



R5.70 Newborn children of residence class visa holders 


a. Children born outside New Zealand to applicants who hold residence class visas but have 

not yet travelled to New Zealand on those visas, may be included in their parents' 

application, provided that the child's name is added to the application form and the 

following documents are submitted: 

i a full birth certificate; and 

ii 2 passport-sized photographs; and 

iii a completed General Medical Certificate (INZ 1007); and 

iv an acceptable travel document. 

b. Newborn children added to applications after residence class visas are granted to the rest 

of the family (with the exception of those applicants described at R5.90(a)), are subject to 

Migrant Levy instructions (see R5.90). 


R5.75 Status of people applying for a residence class visa while in New 

Zealand 


The fact that a person has applied for a residence class visa while in New Zealand does not: 

a. make that person's presence in New Zealand lawful; or 

b. give that person the right to remain in New Zealand while the application is considered; or 

c. give that person the right to apply for or be granted any other visa while the application is 

considered; or 

d. prevent that person being deported from New Zealand. 

R5.80 Referring residence decisions to the Minister 



No immigration officer may refer an application for a residence class visa to the Minister of 

Immigration for a decision in the first instance unless the Minister gives a special direction to 

do so (see RA7).


Note: The effect of the Minister becoming personally involved in the decision in the first 

instance is to deprive the applicant of appeal rights except where the Minister relied on 

classified information to make that decision. 

R5.90 Migrant Levy 



See also Immigration (Visa, Entry Permission, and Related Matters) Regulations 2010, regs 26, 

27 and 28 

a. Under residence instructions, all successful principal applicants and accompanying family 

members outside of an immigration control area must pay a migrant levy unless exempt. 

People are exempt from paying the migrant levy if a visa is granted: 

i to a person who has already paid the migrant levy; 

ii to a refugee or protected person, or on the basis of the person’s relationship with a 

refugee or protected person; or 

iii under the Samoan Quota Scheme or Special Samoan Quota Places Category, or to 

citizens of Samoa under the one of the Family Categories; or 

iv under the special instructions for Victims of Domestic Violence; or 

v under the Skilled Migrant Category if they have previously paid the migrant levy as a 

consequence of a decision made under the work to residence instructions (Skilled 

Migrant Category); or 

vi under the special instructions for Victims of People Trafficking. 

b. The migrant levy charge is NZ$310 for everyone five years of age and above for all 

residence categories, except for those approved under the Pacific Access Category. 

c. For those approved under Pacific Access Category and for children under five years in all 

categories, the migrant levy charge is NZ$155. 

d. The maximum total migrant levy payable per application is the sum of the amounts 

payable by the four oldest people included in the application. 

e. The migrant levy: 

i must be deposited before the grant of the relevant visa; and 

ii is determined at the date it is deposited; and 

iii is in addition to any other amount payable for any other visa; and 

iv may be subject to special direction by the Minister of Immigration. 

R5.90.1 Refunds of migrant levy 

a. If a migrant levy is deposited but the principal applicant and partner and dependent 

children included in the application do not enter New Zealand within the validity of their 

first entry travel condition (or in the case of a person eligible to be granted a visa as a 

consequence of a decision under the Work to Residence (Skilled Migrant Category) 

instructions that work visa is not granted), a refund may be granted upon request to INZ. 

The request must be made in writing. 

b. Requests made more than 6 months after the expiry date of the first entry travel 

condition, or made more than 6 months after advice from the INZ that a person is eligible


to be granted a visa as a consequence of a decision made under the Work to Residence 

(Skilled Migrant Category) instructions, must be declined. 

c. Immigration officers who have been delegated the authority to refund the levy (under 

section 395 of the Immigration Act 2009) must be satisfied that: 

i the principal applicant and partner and dependent children included in the application 

have not taken up residence; and 

ii their resident visas are no longer current; or 

iii (in the case of a person eligible to be granted a visa as a consequence of a decision 

made under the Work to Residence (Skilled Migrant Category) instruction) that the 

visa is not granted.) 

d. The person who paid the levy will be refunded the appropriate amount. 


R5.95 Character requirement for partners supporting Partnership Category 

applications 


a. Any supporting partner who has been convicted, in the seven years prior to the date the 

application is made, of: 

i any offence involving domestic violence; or 

ii any offence of a sexual nature 

will not meet the character requirement for partners supporting Partnership Category 

applications, unless granted a character waiver (see R5.95.5 below). 

b. If the supporting partner does not meet the character requirement for partners supporting 

partnership application, the application may be declined. 

Note: For the purpose of these instructions, 'domestic violence' has the meaning set out in s.3 

of the Domestic Violence Act 1995. 

R5.95.1 Evidence that partners supporting Partnership Category applications meet 

the character requirement 

a. Character checks must be carried out for partners (aged 17 and over) supporting 

Partnership Category applications. 

b. The supporting partner character check consists of: 

i a New Zealand police certificate obtained by Immigration New Zealand; and 

ii a police or similar certificate, less than 6 months old, from any country in which the 

supporting partner has lived 12 months or more (whether on one visit or 

intermittently) in the last seven years. 

c. Where an application is submitted without the required police certificate(s), an 

immigration officer may nevertheless accept the application, and obtain any necessary 

clearances after acceptance, if a supporting partner requires a police certificate from a 

country: 

i that does not issue police certificates to individuals; or 

ii for which no instructions in respect of how to obtain a police certificate is available.


d. If a police certificate is not available from a particular country, the supporting partner 

must provide a separate statutory declaration in both English and the supporting partner's 

first language, which must: 

i detail the supporting partner's attempts to obtain a police certificate; and 

ii state whether the supporting partner has been convicted, or found guilty of, or 

charged with any offences against the law of that country; and 

iii be corroborated by other information confirming the supporting partner's character. 

Notes: 

~ For full information on police certificates see A5.10. 

~ Instructions in respect of how to obtain police certificates from specific countries can be 

obtained from the INZ website at www.immigration.govt.nz/policecertificate. 

R5.95.5 Action 

a. Immigration officers must not automatically decline partnership applications on the basis 

that the supporting partner does not meet the character requirement for partners 

supporting partnership applications. 

b. Officers must consider the surrounding circumstances of the application to decide whether 

or not they are compelling enough to justify waiving the character requirement. The 

circumstances include but are not limited to the following factors as appropriate: 

i if applicable, the seriousness of the offence (generally indicated by the term of 

imprisonment or size of the fine); and/or 

ii whether there is more than one offence; and/or 

iii how long ago the relevant event occurred. 

c. Officers must make a decision only after they have considered all relevant factors, 

including (if applicable): 

i any advice from the National Office of INZ; and 

ii compliance with fairness and natural justice requirements (see A1). 

d. Officers must record: 

i their consideration of the surrounding circumstances, (see paragraph (b) above), 

noting all factors taken into account; and 

ii the reasons for their decision to waive or decline to waive the character requirement. 

e. Any decision to waive the character requirement for partners must be made by an officer 

with Schedule 1-3 delegations. 


R5.96 Health requirement for partners or dependent children not included in 

or withdrawn from a residence class visa application 

a. Applicants under one of the Family Categories who were eligible for inclusion but were not 

included in, or were withdrawn from, a residence class visa application made by their 

partner or parent must provide a General Medical Certificate (INZ 1007) with their 

application rather than a Limited Medical Certificate (INZ 1201). 

b. If an immigration officer determines that the applicant does not have an acceptable 

standard of health they will not be granted a medical waiver (see A4.60(b)) despite being


the partner or dependent child of a New Zealand citizen or residence class visa holder (see 

A4.60(d)). 


R5.100 Ban on the grant of residence class visas to certain individuals and 

classes of individuals 


R5.100 Effective 30/07/2011 

R5.100 Effective 29/11/2010 

R5.100.1 Ban on the grant of visas to leading members of the Government of the 

Federal Republic of Yugoslavia (FRY) including Serbia and their supporters 

a. New Zealand has taken action in respect of leading citizens of the FRY and Serbia, being 

persons closely aligned with the regime of Slobodan Milosevic whose activities support 

President Milosevic or whose actions are presumed to provide support (including members 

of his immediate family), and who are named on the lists of such persons held by INZ and 

updated from time to time. 

b. Ordinarily, none of the persons named on the lists held by INZ may be granted a visa to 

enter New Zealand (including a transit visa). 

c. Where special circumstances exist (supported by cogent and reliable evidence) INZ may 

nonetheless grant a visa to a person named on the lists. 

d. The decision to grant a visa to a person named on the lists is limited to immigration 

officers with Schedule 1-2 delegations (see A15.5). 

R5.100.5 Ban on the grant of visas to individuals named on the list held at Z8 

a. The New Zealand government wishes to take action in an immigration respect against 

individuals involved in the hostage taking in Fiji, the Ministers in Fiji's Interim Civilian 

Governments (ICGs) and officials clearly linked to George Speight who are named on the 

list approved by the Minister of Immigration, held by INZ and updated from time to time 

(see Z8). 

b. Ordinarily, none of the persons named on the list held by INZ may be granted a visa to 

New Zealand (including a transit visa). 

c. Where special circumstances exist (supported by cogent and reliable evidence) INZ may 

nonetheless grant a visa. 

d. The decision to grant a visa to a person named in the list is limited to immigration officers 

with Schedule 1-2 delegations (see A15.5). 

R5.100.10 Restriction on the grant of visas to Robert Mugabe, President of 

Zimbabwe, and his close associates 

a. Ordinarily, none of the persons named on the list held at Appendix 5 of the Operational 

Manual who: 

i have acted in, or are acting in the role specified; or 

ii are, or have been, close associates of Robert Mugabe, President of Zimbabwe, may be 

granted a visa to New Zealand (including a transit visa).


b. Where special circumstances exist (supported by cogent and reliable evidence) INZ may 

nonetheless grant a visa to a person named on the list held at Appendix 5. 

c. The decision to grant a visa to a person named on the list held at Appendix 5 is limited to 

immigration officers with Schedule 1-2 delegations (see A15.5). 

R5.100.15 Ban on the grant of residence class visas to individuals associated with 

the December 2006 Fiji coup 

a. The New Zealand government wishes to take action in an immigration respect against: 

i all people who are (or were on 6 December 2006) members of the Republic of Fiji 

Military Force (RFMF); and 

ii those people associated with supporting the December 2006 Fiji coup who are named 

on the list approved by the Minister of Immigration, held by INZ and updated from 

time to time (see Z9); and 

iii close associates of those described in (ii) above who are named on the list approved 

by the Minister of Immigration, held by INZ and updated from time to time; and 

iv permanent secretaries of Fijian government departments; and 

v all persons who are appointed by the Fiji interim government to boards of statutory 

authorities and public enterprises who are named on the list approved by the Minister 

of Immigration, held by INZ and updated from time to time; and 

vi immediate family members of those described in (i), (ii), (iv) and (v) above. 

(Immediate family members are partners, children and children's partners.) 

Note: for the purposes of these instructions RFMF personnel includes members of the 

territorial force of the RFMF. 

b. None of the people described in (a) above may be granted a residence class visa. 

R5.100.20 Ban on the grant of visas to leading members of the Syrian regime 

a. New Zealand has taken action in respect of leading members of the regime in Syria, being 

persons closely aligned with the regime of President Bashar Hafez al-Assad, and who are 

named on the list of such persons held by INZ and updated from time to time. 

b. Ordinarily, none of the persons named on the list held by INZ may be granted a visa to 

enter New Zealand (including a transit visa). 

c. Where special circumstances exist (supported by cogent and reliable evidence and in 

consultation with MFAT) INZ may nonetheless grant a visa to a person named on the list. 

d. The decision to grant a visa to a person named on the list is limited to immigration officers 

with Schedule 1-2 delegations (see A15.5). 



R6 NEW ZEALAND RESIDENCE PROGRAMME 

R6.1 New Zealand Residence Programme 


a. The New Zealand Residence Programme (NZRP) consists of all persons approved for 

residence class visas in the three years beginning 1 July 2011 and ending 30 June 2014. 

b. The NZRP is set for the duration of the three year period, unless a review is directed by 

the Minister of Immigration. Any changes will be advised by an amendment to these 

instructions. 

c. The NZRP for the three year period is 135,000 to 150,000 approved places. 

Note: Permanent resident visas granted to holders of resident visas or second or subsequent 

resident visas granted to former holders of resident visas are not counted towards the NZRP. 


R6.5 Allocation of places within the New Zealand Residence Programme 


a. There are four streams within the New Zealand Residence Programme (NZRP): 

i The Skilled/Business stream; 

ii The Uncapped Family stream; 

iii The Capped Family stream; 

iv The International/Humanitarian stream. 

b. The Government may, from time to time, reallocate places for approvals within the four 

streams and/or add places to the four streams. 

c. The allocation of places within the NZRP for the Skilled/Business stream is approximately 

80,700 to 89,925 places across the three year period. 

d. The Uncapped Family stream does not have a cap on available places. However, for 

planning purposes the allocation of places within the NZRP is estimated to be 

approximately 29,700 to 32,100 places across the three year period. This stream includes 

partner and dependent child instructions. 

e. The allocation of places within the NZRP for the Capped Family stream is approximately 

14,850 to 16,500 places across the three year period. This stream includes the parent, 

and the sibling and adult child instructions. 

f. The allocation of places within the NZRP for the International /Humanitarian stream is 

approximately 9,750 to 11,475 places across the three year period. 

R6.10 Points systems 


Applications in the Skilled Migrant and Investor 2 Categories are assessed under a points 

system.


R6.10.1 Investor 2 Category 

Expressions of Interest in being invited to apply for a resident visa under the Investor 2 

Category submitted in the prescribed manner may be entered into a Pool of Expressions of 

Interest (the Pool) if the person expressing interest: 

a. has confirmed that health and character requirements for entry to the Pool have been met 

because none of the people included in their Expression of Interest are people who: 

i are not of an acceptable standard of health and would not be granted a medical waiver 

(see A4.60); or 

ii are described in sections 15 or 16 of the Immigration Act 2009 (see A5.20); and 

b. have claimed points for a minimum overall band score of IELTS 3 for English language 

ability (see BJ5.35); and 

c. have confirmed that they are aged 65 years or younger (see BJ5.25); and 

d. have claimed points for a minimum of three years of business experience (see BJ5.30); 

and 

e. have claimed points for a minimum of NZ$1.5 million of investment funds (see BJ5.40); 

and 

f. have confirmed that they legally own NZ$1 million of settlement funds in addition to the 

$1.5 million investment funds (see BJ5.45). 

Notes: 

~ As Expressions of Interest are entered into the Pool they will be ranked on the basis of total 

points claimed for English language, age, business experience and investment funds in 

accordance with the Investor 1 Category. The ranking of Expressions of Interest relative to 

each other will change as Expressions of Interest enter, or are withdrawn from, the Pool. 

~ Expressions of Interest will be selected from the Pool according to their points ranking. 

R6.10.5 Skilled Migrant Category 

a. Expressions of Interest in being invited to apply for a resident visa under the Skilled 

Migrant Category can only be entered into the Pool of Expressions of Interest if the person 

expressing interest has claimed a minimum of 100 points for employability and capacity 

building factors and has met the other requirements of SM3.10. 

Note: A resident visa can only be granted under the Skilled Migrant Category following an 

invitation to apply under the Skilled Migrant Category. 

b. Expressions of Interest in the Skilled Migrant Category Pool are selected from that Pool 

periodically on the Government's behalf by the Department of Labour. 

c. Selections from the Pool after 21 December 2005 are made in the following manner: 

i Expressions of Interest that have total points of 140 or more are selected 

automatically from the Pool; 

ii Expressions of Interest that have total points of 100 or more but less than 140, and 

include points for offers of skilled employment or current skilled employment in New 

Zealand, are selected (according to their points ranking) in sufficient numbers to meet 

the requirements of the Skilled/Business Stream of the New Zealand Residence


Programme (NZRP) at the time of that selection (subject to any adjustment to the 

number or distribution of places in the NZRP determined by the Government). 

d. If, following the selection process set out at (c) above, further places are available in the 

Skilled/Business Stream of the NZRP at the time of that selection (subject to any 

adjustment to the number or distribution of places in the NZRP determined by the 

Government), additional Expressions of Interest may be selected from the Pool on the 

basis of criteria set from time to time by the Minister of Immigration, having regard to the 

objectives of the Skilled Migrant Category. Those criteria are specified at SM3.15.1. 



R7 CONFIRMING OR TRANSFERRING A RESIDENCE CLASS VISA 

R7.1 When confirmation is required 

People in New Zealand who hold, or are deemed to hold, a residence class visa may need to 

confirm their residence class visa if, for example: 

• they have lost their original passport and wish to have a residence class visa label 

placed in their new one; or 

• they are applying to the Department of Internal Affairs for New Zealand citizenship; or 

• they never obtained a visa or permit on arrival; or 

• they hold a permit granted under the Immigration Act 1964 or the Immigration Act 

1987. 

R7.1.1 Applicants who arrived before 2 April 1974 



Applicants who arrived lawfully before 2 April 1974 for the purpose of permanent residence 

and did not receive residence permits, and who need to satisfy an immigration officer that they 

are deemed to hold a resident visa under section 415 of the Immigration Act 2009, may have 

their resident visa confirmed if they: 

a. were not issued a permit or entry authority under the Immigration Act 1964 or any earlier 

corresponding Act; and 

b. have been in New Zealand continuously from 2 April 1974 and until at least 31 October 

1987, apart from any period or periods spent in: 

i the Cook Islands, Niue or Tokelau; or 

ii Australia (if during any such period they were Commonwealth citizens or citizens of 

the Republic of Ireland, and were able to live in either New Zealand or Australia 

without restriction); and 

c. were in New Zealand at midnight on 31 October 1987; and 

d. were not exempt under the Immigration Act 1987 from having to hold a residence permit. 

R7.5 When transfer is required 


People who hold, or are deemed to hold, a residence class visa may need to transfer their visa 

if the passport containing their visa is nearing or past the expiry date and they require 

evidence of their immigration status and/or right to re-enter New Zealand in a new passport. 


R7.10 Procedure for confirming or transferring a residence class visa 


R7.10.1 Endorsement of residence status in passport or certificate of identity 


a. Applicants applying to have their residence status endorsed in their passport or certificate 

of identity must make the application on the form Application for Transfer or Confirmation 

of a Visa (INZ 1023). The form must be given to an immigration officer together with:


i the applicant’s passport or certificate of identity; and 

ii if applicable, any previous or expired passport or certificate of identity; and 

iii evidence that the applicant holds or is deemed to hold a residence class visa; and 

iv the appropriate fee (if any). 

b. If applicants cannot provide proof of lawful residence, immigration officers must establish 

whether there is a file for the applicant in INZ records, and if so, they must check the file. 

R7.10.5 Confirmation of residence status by letter. 

a. Applicants who wish to have confirmation of the date their residence was originally 

granted in the form of a letter must make a written request to the appropriate INZ 

receiving branch (Appendix 2). 

b. A letter confirming the date residence was originally granted must: 

i be on letterhead; and 

ii give the applicant's full name, date of birth and the date residence was granted; and 

iii be legibly signed and dated by an immigration officer; and 

iv be endorsed with the official seal of the INZ. 

Note: a copy should be retained on the applicant's file. 

R7.15 Evidence 

R7.15.1 Evidence required to confirm or transfer residence class visas 

Acceptable evidence for a confirmation of residence class visa may include: 


a. any previous or expired passport or certificate of identity containing a residence class visa, 

b. the passport containing the original residence class visa, permit or other entry authority 

applying at the time of entry; or 

c. for the purpose of R7.1.1, documents showing continued residence since before 2 April 

1974, which may include but are not limited to: 

i rates demands, 

ii driver's licenses, 

iii receipted power bills, 

iv income tax returns, 

v school records, 

vi employment references, 

vii any other evidence requested by INZ. 



R8 SPECIAL CASES 

R8.1 Granting a visa under section 61 



a. The Minister may at any time grant any type of visa to a person who is: 

i unlawfully in New Zealand; and 

ii not a person in respect of whom a deportation order is in force. 

b. The Minister's power to grant a visa in a special case has been delegated to officers with 

Schedule 3 delegations or above. 

c. As the grant of a visa under section 61 is a matter of absolute discretion, no person has 

the right to apply for a visa under section 61, and if a person purports to make such an 

application by requesting the grant of a visa under section 61: 

i the Minister or appropriate immigration officer is not obliged to consider the purported 

application; and 

ii the Minister or appropriate immigration officer is not obliged to make further enquiries 

or inquire into the circumstances of the person or any other person, and 

iii whether a purported application is considered or not, the Minister or immigration 


applies; and 

iv section 23 of the Official Information Act 1982 and section 27 of the Immigration Act 


Effective: 26/03/2012

BUSINESS 


BA Business Immigration Instructions ....................................... 10-1 

BC Long Term Business Category ............................................. 11-1 

BE Employees of Relocating Businesses Category........................ 12-1 

BF English language requirements ............................................ 13-1 

BH Entrepreneur Category ...................................................... 14-1 

BJ Migrant Investment Categories ............................................ 15-1 

BL Entrepreneur Plus Category ................................................ 16-1


BA BUSINESS IMMIGRATION INSTRUCTIONS 

BA1 Objective 

The objective of the Business Immigration Instructions is to contribute to economic growth 

through: 

a. increasing New Zealand's level of human capital; 

b. encouraging enterprise and innovation; and 

c. fostering external links. 

BA2 Categories 


Business Immigration Instructions consist of residence class and temporary entry class 

categories. 

BA2.1 Residence class categories 

The following business immigration categories are part of residence instructions: 

• Entrepreneur Category (see BH) 

• Employees of Relocating Businesses Category (see BE) 

• Migrant Investment Categories (see BJ) 

• Investor 1 Category (see BJ3) 

• Investor 2 Category (see BJ4 – BJ5) 

BA2.1.1 Generic provisions 


The residence class categories have generic provisions covering the following matters: 

• English language requirements (see BF) 

• Payment of migrant levy (see R5.90)


• Health and character requirements (see A4 and A5) 

BA2.5 Temporary class category 


The temporary class category of the business immigration instructions is the Long Term 

Business Category (see BC). This is a special category of work visa, to which the generic 

elements of work visa instructions apply, in addition to the generic English language provisions 

that apply to the residence categories of business immigration instructions. Persons who are 

granted a work visa under the Long Term Business Category will have the opportunity to apply 

for residence, including under the Entrepreneur Category. Such persons will need to meet the 

relevant residence category requirements applying at the time that their residence class visa 

application is made. Such residence category requirements may differ from those that applied 

at the time that the person's Long Term Business Category application was made or at the 

time of the grant of the work visa under the Long Term Business Category. 


BA2.10 Requirement for business immigration category applicants to 

participate in an evaluation process 

Applicants under all business immigration categories must agree to participate in an evaluation 

of the category under which they were approved for a period of up to 5 years after approval. 

BA3 Streamlining 

See previous instructions BA3 Effective 29/11/2010 


a. Applications under business immigration instructions will be given priority processing. 

b. Applications under business immigration instructions are to be determined only by 

immigration officers known as business immigration specialists. 

c. Despite (b) above, applications under the Investor Category may be determined by 

immigration officers other than business immigration specialists where this is directed by 

the General Manager, Visa Services, Immigration New Zealand (INZ). 

d. INZ Branch Managers will provide liaison services for the business immigration specialists 

to facilitate contact with applicants and the processing of business immigration 

applications. 



BC LONG TERM BUSINESS CATEGORY 

BC1 Objective 

This category caters for business people who are interested in establishing a business in New 


a. without living permanently in New Zealand; or 

b. with the intention of better enabling themselves to meet the relevant criteria for residence 

under the Entrepreneur Category. 

BC2 Special category of work visa 

See previous instructions BC2 Effective 29/11/2010 


a. Long Term Business visas are a category of temporary entry class visa allowing selfemployment 

in New Zealand. 

b. Successful applicants will be granted work visas for periods of up to three years. 

BC2.1 Definition of self-employment 


a. Self-employment is lawful active involvement in the management and operating of a 

business in New Zealand which the principal applicant has established or purchased, or in 

which the principal applicant has made a substantial investment (see (b) below). 

b. Substantial investment is defined as the purchase of 25% or more of the shareholding of a 

business. 

c. For the avoidance of doubt, self-employment does not include involvement of a passive or 

speculative nature. 

BC2.5 Applicants must not seek welfare assistance 


The principal applicant and any partner or dependent child must not apply for and be granted 

welfare assistance under the Social Security Act 1964 while in New Zealand during the 

currency of their temporary visas. 

BC3 Summary of requirements 


BC3 Effective 07/02/2011 

BC3 Effective 29/11/2010 

BC3 Summary of requirements 

A principal applicant for a Long Term Business Visa must: 


a. have completed a business plan that meets the requirements of BC4.5 for their business 

proposal; and 

b. have business experience relevant to their business proposal; and


c. not have been involved in bankruptcy or business failure within the 5 years preceding the 

date their application was made; and 

d. not have been involved in business fraud or financial impropriety; and 

e. have obtained professional or occupational registration in New Zealand if registration is 

required for operating the proposed business; and 

f. have, in addition to investment capital, sufficient funds (see BC6.1) for their maintenance 

and accommodation and that of any partner and/or dependent children who are applying 

for temporary visas to accompany the principal applicant to New Zealand; and 

g. meet health and character requirements for residence as set out at A4 and A5.15 to 

A5.25; and 

h. meet the minimum standard of English (see BF); and 

i. aside from the health and character requirements set out in (g) above, applicants must 

meet all other requirements under Generic Temporary Entry Instructions; and 

j. satisfy a business immigration specialist that they are genuinely interested in establishing 

the business in New Zealand. 

BC3.1 Unacceptable Risk 

a. INZ will decline an application for a Long Term Business Visa where it considers the grant 

of the visa would create unacceptable risks to the integrity of New Zealand’s immigration 

or employment laws or policies. 

b. Offering business opportunities to meet the requirements of a Long Term Business Visa 

application by persons whose main business is the facilitation of entry to New Zealand of 

non-New Zealand citizens and residence class visa holders potentially creates an 

unacceptable risk to the integrity of New Zealand’s immigration laws and policies. 

Therefore, applications for Long Term Business Visas based on such business opportunities 

will not be approved. 

BC4 Business plan 

BC4.1 Definition of a business plan 

Effective: 20/03/2012 

A business plan is a plan to establish a specific business in New Zealand, which contains 

information as set out in the business plan form, and is supported by appropriate 

documentation. 

BC4.5 Requirements for a business plan 

Business plans must: 

a. be no more than 3 months old on the date the application is made; and 


b. include satisfactory evidence that the principal applicant has access to sufficient capital to 

finance their business proposal; and 

c. include realistic financial forecasts; and


d. include evidence to satisfy a business immigration specialist that the principal applicant 

has business experience that is relevant to their business proposal; and 

e. demonstrate to the satisfaction of a business immigration specialist the principal 

applicant's knowledge about the proposed business and the New Zealand business 

environment; and 

f. include information about how the proposed business will benefit New Zealand; and 

g. include sufficient supporting documentation (including the documentation listed from 

section C of the business plan form onwards). 

BC4.10 Assessment of a business plan 


a. In assessing a business plan, a business immigration specialist will consider the credibility 

of the information provided and whether the business will benefit New Zealand. 

b. INZ may submit any business plan to an independent person or persons for vetting. They 

will offer an independent assessment and advice, which will be considered by a business 

immigration specialist in making a decision. 

BC4.15 Criteria for a business benefiting New Zealand 


a. A business may be considered to benefit New Zealand if it promotes New Zealand's 

economic growth through, for example: 

i introducing new, or enhancing existing, technology, management or technical skills; or 

ii introducing new, or enhancing existing, products or services; or 

iii creating new, or expanding existing, export markets; or 

iv creating employment for a New Zealand citizen or resident; or 

v revitalising an existing business; and 

b. in the opinion of a business immigration specialist it appears likely that the business will 

be trading profitably at the time any subsequent application under the Entrepreneur 

Category is made, or clearly has the potential to be trading profitably within 12 months 

after the application is made. 

Note: For the purposes of these instructions, the employment of non New Zealand citizens or 

residents is not considered an acceptable example of a business benefiting New Zealand. 

BC4.20 Verification of a business plan 


a. A business immigration specialist must be satisfied that documents provided in support of 

the business plan are genuine and accurate, and they may take any steps they determine 

necessary to verify such documents and the information they contain.


b. A business immigration specialist may interview, or ask another branch of INZ to 

interview, the principal applicant in order to determine whether or not the information 

contained in the business plan is genuine and accurate. 


BC5 Principal applicant's genuine interest in establishing a business in New 


A business immigration specialist must be satisfied that the principal applicant is genuinely 

interested in establishing the business in New Zealand, and will abide by the conditions of the 

visa. 

BC6 Funds for maintenance and accommodation 


The business immigration specialist must be satisfied that the principal applicant has, in 

addition to their investment capital, access to sufficient funds or assets to provide for their own 

maintenance and accommodation, and that of any partner and dependants included in the 

application, for the duration of the visa. 

BC6.1 Evidence of funds for maintenance and accommodation 

Evidence of sufficient funds may include, but is not limited to: 


• sufficient cash; or 

• New Zealand bank accounts showing a sufficient current balance; or 

• sufficient travellers' cheques; or 

• sufficient bank drafts; or 

• recognised credit cards with sufficient credit available. 


BC7 Evidence of meeting English language requirements 

Principal applicants in the Long Term Business Category must meet a minimum standard of 

English (see BF2). 

BC8 Business immigration specialist's discretion 


If an application fails to meet the criteria set out in instructions, business immigration 

specialists must weigh up all the circumstances of the case to see whether an exception to 

instructions is justified. In doing this, they will take into account any circumstance that would 

warrant an exception. 

BC9 Validity of work visas and grant of further work visas 


a. Successful principal applicants under this category will be granted a 9 month work visa to 

allow them to establish and commence the operation of the proposed business in New 

Zealand.


b. A further work visa may be granted for the balance of the 3 year period (i.e. 27 months) if 

the principal applicant applies within the validity of their current work visa and a business 

immigration specialist is satisfied that: 

i the investment capital for the proposed business, as stated in the business plan, has 

been transferred direct from the principal applicant's bank account(s) through the 

banking system to New Zealand; and 

ii reasonable steps have been taken to establish or invest in the business as set out in 

the business plan. 

c. In cases where a business immigration specialist is not satisfied that the requirements of 

BC9(b)(ii) have been met, but that the applicant may be able to meet these requirements 

within a specified time, a further work visa may be granted for a period of less than 27 

months to allow the principal applicant to take further steps to establish and operate the 

business. To be granted a further work visa at the expiry of that second period, the 

principal applicant must demonstrate that they meet the requirements in BC9(b)(ii) above. 


BC9.1 Evidence of reasonable steps taken to establish and operate a business 

a. Evidence of transferring investment capital to New Zealand through the banking system 

may include but is not limited to: 

i telegraphic transfer forms 

ii other documents, evidence and information the business immigration specialist 

considers may demonstrate the transfer of investment capital to New Zealand through 

the banking system. 

b. Evidence of reasonable steps taken to establish and operate a business may include but is 

not limited to: 

i documents evidencing the constitution of the business (e.g. certificate of 

incorporation) 

ii audited accounts 

iii GST records 

iv other tax records 

v property purchase or lease documents relating to the business' site 

vi invoices for business equipment and supplies 

vii other documents, evidence and information a business immigration specialist 

considers may demonstrate reasonable steps taken to establish or invest in a business 

(e.g. employment agreements, bank statements, utility company invoices). 

BC9.5 Conditions specified on visas 


a. The conditions specified on the visa will include the following conditions relating to work: 

• As: Self-employed 

• For: (proposed business type) 

• At: (proposed location)


b. The travel conditions on the visa will give permission to travel to New Zealand on multiple 

journeys. 

BC10 Changing a business proposal 


If the holder of a work visa granted under the Long Term Business Category wishes to change 

their business proposal within the validity of their visa they must apply to a business 

immigration specialist for a variation of conditions. A variation of conditions may be granted if 

a business immigration specialist is satisfied that: 

a. there are genuine reasons for abandoning the original business proposal; and 

b. there is a plan for the proposed new business that meets the requirements for a business 

plan as set out in BC4.5; and 

c. the new business proposal requires the same or a greater level of capital investment than 

the original business proposal; and 

d. the applicant has access to sufficient capital to finance the proposed new business; and 

e. the applicant has business experience relevant to the proposed new business. 

Note: A visa holder may be made liable for deportation where they are undertaking business 

activities which breach the conditions of their visa. 


BC10.1 Process for accepting or refusing a change to a business proposal 

a. A business immigration specialist must consider whether the requirements listed in BC10 

have been met. If consent is given to change the business proposal then the conditions of 

the work visa may be varied to reflect the new proposal. 

b. If the requirements listed in BC10 have not been met, the business immigration specialist 

must weigh up all the circumstances of the case to see whether an exception to 

instructions is justified. In doing this, they will take into account any circumstance that 

would warrant an exception. 

c. If the request to change a business proposal is refused: 

i then the principal applicant must be offered the option of continuing with their original 

business proposal; and 

ii if the principal applicant does not continue with the original business proposal they 

may be made liable for deportation. 

BC10.5 Grant of further work visas beyond three years 


a. Further work visas may be granted beyond the initial 3 year period (for periods not 

exceeding 3 years) where a business immigration specialist is satisfied that there are valid 

reasons for the principal applicant needing a further visa to meet the requirements for 

Entrepreneur Category. 

b. If the principal applicant is seeking a further visa for a period beyond the initial 3 years on 

the basis of a new business proposal (not being a new business proposal for which consent


has been given under BC10.1), a business immigration specialist may require that a new 

application be lodged. 

c. Further work visas will be granted only where a business immigration specialist is satisfied 

that: 

i any time in New Zealand has been spent setting up and operating the original 

business proposal; or 

ii where there was a change to the original business proposal, consent was granted for 

that change by a business immigration specialist; and 

iii that the principal applicant and any family member accompanying them have not 

drawn on the New Zealand welfare system; and 

iv that the principal applicant intends to spend the further period in New Zealand either 

implementing the original business proposed or a subsequent business proposal for 

which a business immigration specialist has given consent; and 

v that the principal applicant has, in addition to investment capital, access to sufficient 

funds for their own maintenance and accommodation and that of any partner or 

dependent child accompanying them; and 

vi that they meet health and character requirements (see A4 and A5). 

BC10.10 Process for grant of further work visas 

a. A business immigration specialist determines whether: 

i there has been a change in the original business proposal; and 

ii a further business plan is required; and 


iii there has been a change in circumstances that may affect the level of funds required 

for maintenance and accommodation; and 

iv the principal applicant or any family member accompanying them has not drawn on 

the social welfare system. 

b. If an application fails to meet instructions, business immigration specialists must weigh up 

all the circumstances of the case to see whether an exception to instructions is justified. In 

doing this, they will take into account any circumstance that would warrant an exception. 



BE EMPLOYEES OF RELOCATING BUSINESSES CATEGORY 

BE1 Objective 

a. The objective of the Employees of Relocating Businesses Category is to assist in promoting 

New Zealand as a place in which to invest and locate business. 

b. This category facilitates the granting of residence to employees of businesses relocating to 

New Zealand, who do not qualify for residence under any existing categories. 

BE2 Summary of requirements 


The following considerations normally apply, but applications are decided on a case by case 

basis. 

BE2.1 Employee of a relocating business 


Principal applicants in the Employees of Relocating Businesses Category are required to 

demonstrate that: 

a. they are an employee of a relocating business and that they are a key employee; and 

b. the relocation of the business is supported by New Zealand Trade and Enterprise. 

Note: An Immigration New Zealand business immigration specialist will consult with New 

Zealand Trade and Enterprise to determine their support for the relocation of the business (see 

BE3.1(c)). 

BE2.5 Ineligibility for approval under any other category 


A business immigration specialist must be satisfied that the principal applicant in the 

Employees of Relocating Businesses Category is not eligible for approval under any of the 

other categories of residence instructions. 

BE2.10 Compliance with employment and immigration law 


Businesses relocated to New Zealand must comply with all relevant employment and 

immigration law in force in New Zealand. Compliance with relevant New Zealand employment 

and immigration law includes but is not limited to: 

a. paying employees no less than the appropriate minimum wage rate or other contracted 

industry standard; and 

b. meeting holiday and special leave requirements or other minimum statutory criteria, e.g. 

occupational safety and health obligations; and


c. only employing people who have authority to undertake that work under the Immigration 

Act 2009. 

BE2.15 English language requirements 


Principal applicants in the Employees of Relocating Businesses category must meet the English 

language requirements (see BE5.1). 

Any partner or dependent children aged 16 years and over who are included in the application 

must meet a minimum standard of English or, where instructions allow, pre-purchase of ESOL 

tuition (see BF1.1). 

BE2.20 Payment of migrant levy 


Applicants approved under the Employees of Relocating Businesses Category are required to 

pay a migrant levy (see R5.90). 

BE3 Evidential requirements 

BE3.1 Evidence concerning the relocating business 


a. The principal applicant must provide a statement from the CEO of the relocating business 

that: 

i gives the name and location of the business intending to relocate to New Zealand; and 

ii explains why the business is relocating and how that will benefit New Zealand; and 

iii confirms that the business will comply with all relevant employment and immigration 

law in force in New Zealand. 

b. The principal applicant must provide evidence of the business operation. This may include, 

but is not limited to, original or certified copies of the following documents: 

i business registration 

ii company accounts or tax returns 

iii other documents, evidence and information the business immigration specialist 

considers necessary to determine the application. 

c. The business immigration specialist will consult with New Zealand Trade and Enterprise to 

determine their support for the relocation of the business. 

BE3.1.1 Criteria for a business benefiting New Zealand 

a. A business will be considered to benefit New Zealand if a business immigration specialist is 

satisfied that it promotes New Zealand's economic growth by for example: 



iii creating new or expanding existing export markets; or 

iv creating employment (other than for the principal applicant);


b. and the business is trading profitably at the time the application is made or a business 

immigration specialist is satisfied that it has the potential to be trading profitably within 12 

months after relocating. 


BE3.5 Evidence concerning the employee's role in the relocating business 

a. The principal applicant must provide a statement from the CEO of the relocating business 

that: 

i describes the current role of the employee in the business, and the employee's 

intended role in the relocated business; and 

ii explains why the employee is reasonably considered to be a key staff member. 

b. The principal applicant must provide evidence of their role in the relocating business. The 

evidence may include, but is not limited to, original or certified copies of the following 

documents: 

i references from employers; 

on company letterhead; and 

stating the occupation and dates of employment; and 

giving the contact phone number and address of the employer 

ii letters of appointment; 

iii certificates of service; 

iv pay slips; 

v job specifications; 

vi tax records; 

vii job assessments; 

viii other documents, evidence and information the business immigration specialist 

considers necessary to determine the application. 


BE4 Process 

a. The business immigration specialist must be satisfied that documents provided as evidence 

are genuine and accurate, and they may take any steps they determine necessary to 

verify such documents and the information they contain. 

b. In considering the application, the business immigration specialist should liaise with the 

appropriate office of New Zealand Trade and Enterprise and may also consult the 

appropriate INZ branch/es. 

c. In assessing the application, the business immigration specialist must check that claims of 

non-eligibility under other categories of residence instructions are plausible, and that the 

other criteria set out in instructions are met. 


BE5 General rules for approval in principle and relocation of business 

Principal applicants who meet the criteria of the Employees of Relocating Businesses category 

will be advised that: 

a. their application has been approved in principle; and


b. resident visas may be granted once the following requirements have been met: 

i the principal applicant provides acceptable evidence that the business has relocated to 

New Zealand; and 

ii the principal applicant provides the New Zealand address at which the business 

operates; and 

iii the principal applicant pays any applicable migrant levy; and 

iv the principal applicant submits evidence that they and any partner or dependent 

children aged 16 or over meets the English language requirements (see BE5.1 and 

BF1.1); and 

c. resident visas will be granted subject to conditions under section 49(1) of the Immigration 

Act 2009 

BE5.1 English language requirements 

See previous instructions BE5.1 Effective 29/11/2010 


a. Principal applicants who lodge applications under the Employees of Relocating Businesses 

category meet the minimum standards of English for that category if: 

i they provide a certificate (no more than 2 years old at the time the application is 

lodged) from the International English Language Testing System (IELTS), which shows 

an overall band score of 4 or more in the IELTS General or Academic Module; or 

ii they provide evidence that they have an English-speaking background (see BF2.1) 

which is accepted by a business immigration specialist as meeting the minimum 

standard of English; or 

iii they provide other evidence which satisfies a business immigration specialist that, 

taking account of that evidence and all the circumstances of the application, the 

person meets the minimum standard of English (see BF2.5). 

b. In any case under (a) (ii) or (iii), a business immigration specialist may require an 

applicant to provide an IELTS certificate in terms of paragraph (a)(i). In such cases, the 

IELTS certificate will be used to determine whether the applicant meets the minimum 

standard of English.


Note: 

~ Full consideration must be given to all evidence of English language ability provided before a 

decision to request an IELTS certificate under BE5.1(b) is made. If an IELTS certificate is 

requested, the reason(s) behind the decision must be clearly documented and conveyed to the 

applicant. 

~ IELTS is an international organisation that provides an assessment of ability in English. Its 

General and Academic Modules provide band totals (test results) showing overall ability as well 

as performance in listening, reading, writing and speaking. 

BE5.5 Failure of a business to relocate to New Zealand 


Applications for a resident visa must be declined if principal applicants do not present 

acceptable evidence that the business has relocated to New Zealand within 24 months from 

the date of approval in principle. 

BE5.10 Temporary visa to arrange business relocation 


a. After approval in principle, a work visa may be granted (once an application has been 

lodged) to allow the principal applicant to arrange the business relocation to New Zealand. 

b. The work visa will be current for 24 months after approval in principle has been given and 

be granted with travel conditions allowing multiple journeys. 

c. Visitor visas for the same period may be granted (once an application has been lodged) to 

the principal applicant's partner and dependants (see E4.1.10). 

d. Student visas for the same period may be granted (once an application is lodged) to those 

of the principal applicant's dependants who wish to study, in accordance with current 

student instructions. 

BE6 Resident visas 


Resident visas granted under this category will be subject to a travel condition requiring first 

entry to New Zealand within 12 months of the grant of the visa. 

BE6.1 Resident visas subject to conditions 

See also Immigration Act 2009 s 49(1) 


a. Under the Employees of Relocating Businesses Category, a resident visa is granted to a 

principal applicant and accompanying partner and dependent children subject to conditions 

under section 49(1) of the Immigration Act. 

b. The Employees of Relocating Businesses Category conditions that may be imposed by 

letter on the resident visas are: 

i that, the visa holder is employed in the relocated business for the 24 months following 

the relocation of the business; and 

ii that, if the visa holder is in a position to ensure that the relocating business complies 

with all relevant employment and immigration law in New Zealand, the business has 

done so; and


iii that, the visa holder informs the nearest branch of the INZ of any changes of New 

Zealand address during the 24 month employment period; and 

iv that, within 3 months after the expiry of the 24 month employment period the visa 

holder must submit suitable evidence that conditions (i) to (ii) have been met. 

c. If a principal applicant is granted a resident visa subject to conditions, the resident visa of 

any accompanying partner and dependent children must be subject to the same 

conditions. 

d. For further information about the implications of visas subject to conditions, see RA8. 

BE6.1.1 Imposing conditions 

Principal applicants are advised of any condition imposed in a letter that states: 

a. the conditions; and 

b. that failure to comply with the conditions may result in the visa holder becoming liable for 

deportation under section 159 of the Immigration Act 2009; and 

c. that the conditions will apply to the resident visa for the 24-month period following their 

first entry to New Zealand as a resident. 

BE6.1.5 Reminder from INZ to provide evidence that conditions have been met 

Three months before the expiry of the 24-month employment period the INZ will write to the 

principal applicant requesting that evidence of conditions being met be provided within 3 

months after the expiry of the 24-month employment period. 

BE6.5 Cancellation of conditions when conditions are met 


a. To allow the conditions imposed under BE6.1.1 above to be cancelled, the visa holder must 

provide satisfactory evidence that: 

i they have taken up residence in New Zealand; and 

ii they have been an employee in New Zealand of the relocated business for 24 months; 

and 

b. if the visa holder has been in a position to ensure that the relocating business complied 

with all relevant employment and immigration law in New Zealand, the business 

immigration specialist may also request evidence of the business' compliance with these 

requirements. 

BE7 After the two-year employment period has expired 

BE7.1 Compliance with conditions 


When the applicant has satisfied a business immigration specialist that the applicant has met 

the conditions of the two-year employment investment period in full, the business immigration 

specialist will cancel the conditions on the visa. 



BE7.5 Non-compliance with conditions 

If the conditions have not been complied with, the resident visa holder may become liable for 

deportation under section 159 of the Immigration Act 2009. 



BF ENGLISH LANGUAGE REQUIREMENTS 

BF1 Principal applicants 

a. Principal applicants under the Long Term Business Category, Investor, Entrepreneur, 

Entrepreneur Plus, Employees of Relocating Businesses, General (Active) Investor, 

Professional Investor, and Investor 2 categories must meet a minimum standard of English 

to ensure their English language ability is sufficient to assist them to successfully settle in 


b. Applications under all Business Immigration categories must be declined if the principal 

applicant has not met the minimum standard of English. 

BF1.1 Partners and dependent children 


Partners and dependent children aged 16 years and over, who are included in applications 

under the Entrepreneur, Entrepreneur Plus, Investor, Employees of Relocating Businesses, 

General (Active) Investor, Professional Investor, or the Investor 2 categories may either: 

a. show they meet the minimum standard of English; or 

b. pre-purchase ESOL training. 

BF2 Minimum standards of English 


a. Unless instructions specify otherwise, principal applicants who lodge applications under 

any business immigration category, meet the minimum standard of English if: 

i they provide a certificate (no more than 2 years old at the time the application is 

lodged) from the International English Language Testing System (IELTS), which shows 

an overall band score of at least 4 in the IELTS General or Academic Module; or 

ii they provide evidence that they have an English-speaking background (see BF2.1) 

which is accepted by a business immigration specialist as meeting the minimum 

standard of English; or 

iii they provide other evidence which satisfies a business immigration specialist that, 

taking account of that evidence and all the circumstances of the application, the 

person meets the minimum standard of English (see BF2.5). 

b. In any case under (a) (ii) or (iii), a business immigration specialist may require an 

applicant to provide an IELTS certificate in terms of paragraph (a)(i). In such cases, the 

IELTS certificate will be used to determine whether the applicant meets the minimum 

standard of English. 

Note: IELTS is an international organisation that provides an assessment of ability in English. 

Its General and Academic Modules provide band totals (test results) showing overall ability as 

well as performance in listening, reading, writing and speaking. 

BF2.1 Evidence of an English-speaking background 


Evidence of an English-speaking background is original or certified copies of documents 

showing: 

• completion of all primary education and at least 3 years of secondary education (that is,


the equivalent of New Zealand Forms 3 to 5 or years 9 to 11) at schools using English as 

the language of instruction; or 

• completion of at least 5 years of secondary education (that is, the equivalent of New 

Zealand Forms 3 to 7 or years 9 to 13) at schools using English as the language of 

instruction; or 

• completion of a course of at least 3 years' duration leading to the award of a tertiary 

qualification at institutions using English as the language of instruction; or 

• that the applicant holds General Certificate of Education (GCE) 'A' Levels from Britain or 

Singapore with a minimum C pass (the passes must specifically include the subjects 

English Language or Literature, or Use of English); or 

• that the applicant holds an International Baccalaureate – full Diploma in English Medium; 

or 

• that the applicant holds a Cambridge Certificate of Proficiency in English – minimum C 

pass; or 

• that the applicant holds Hong Kong Advanced Level Examinations (HKALE) including a 

minimum C pass in Use of English; or 

• that the applicant holds STPM 920 (Malaysia) – A or B pass in English Literature; or 

• that the applicant holds University of Cambridge in collaboration with University of Malaya, 

General Certificate of English (GCE) "A" levels with a minimum C pass. The passes must 

specifically include the subjects English or General Paper; or 

• that the applicant holds a South African Matriculation Certificate, including a minimum D 

pass in English (Higher Grade); or 

• that the applicant holds a South African Senior Certificate, including a minimum D pass in 

English (Higher Grade), endorsed with the words "matriculation exempt"; or 

• that the applicant holds a New Zealand Tertiary Entrance Qualification gained on 

completion of the seventh form. 


BF2.5 Circumstances that may indicate a person otherwise meets the 

minimum standard of English 

Circumstances that may indicate an applicant meets the minimum standard of English may 

include but are not limited to: 

• the country in which the applicant currently resides; 

• the country(ies) in which the applicant has previously resided; 

• the duration of residence in each country; 

• whether the applicant speaks any language other than English; 

• whether members of the applicant's family speak English 

• whether members of the applicant's family speak any language other than English; 

• the nature of the applicant's current or previous employment (if any) and whether it 

required or was likely to have required skill in English language; 

• the nature of the applicant's qualifications (if any) and whether the obtaining of those 

qualifications was likely to have required skill in English language. 


BF2.10 Employment in New Zealand 

An applicant is also considered to have an English-speaking background if: 

a. they have been lawfully employed full-time in an occupation in New Zealand for a 

minimum of 12 months; and


b. English was the language of employment. 

'Employment' in the context of English language requirements does not include self- 

employment. 

BF2.15 Evidence of employment in New Zealand 


Evidence of full-time employment in New Zealand for a minimum of 12 months is original or 

certified copies of: 

a. references from employers on company letterhead, which state the occupation and dates 

of employment and the contact phone number and a address of the employer; or 

b. an employment contract with confirmation from the employer that the applicant is still 

employed. 

Evidence that English was the language of employment is a written statement from the 

employer that English was the primary language of employment. 


BF3 Pre-purchase of English for speakers of other languages (ESOL) tuition 

a. Non-principal applicants who pre-purchase ESOL tuition, instead of meeting the minimum 

standard of English, must pre-purchase ESOL tuition from the Tertiary Education 

Commission (TEC) by paying the required charge to INZ (which collects this charge on 

behalf of the TEC). (See BF3.15.) 

b. Before a resident visa is granted, applicants must pay any ESOL tuition charge due. 

BF3.1 TEC to arrange ESOL tuition 


a. The applicant is entitled to tuition to the value of the ESOL entitlement component of the 

ESOL tuition charge. This does not include INZ and TEC administration costs. 

b. The TEC advises the applicant of the list of suitable ESOL tuition providers in New Zealand, 

from which the applicant may nominate one of their own choice. 

c. The TEC will manage the contract between the ESOL tuition provider and the applicant. 

d. The applicant must advise the TEC of their New Zealand address. 

BF3.5 Applicant's agreement with TEC 


a. Each applicant who pre-purchases ESOL tuition must sign an agreement with TEC by which 

they agree, among other things, that they understand the rules for taking up ESOL tuition 

in New Zealand and the refund provisions. 

b. The content of the agreement is determined by INZ and the TEC.


c. Included with the agreement is a schedule that sets out the personal details of the 

applicant and the amount of tuition to be purchased. 

BF3.10 Completion of agreement 

See previous instructions BF3.10 Effective 29/11/2010 


a. When an application for a resident visa is approved in principle, applicants will be given 

two copies of the agreement to complete for each person in the application undertaking 

the English language training. 

b. After completion of the agreement, one copy is retained by the applicant, and the other 

copy is returned to the INZ processing office with the tuition fee(s). 

c. If the agreement is not signed and returned to INZ within the time specified by INZ, the 

resident visa application must be declined. 

d. The INZ copy of the agreement should be sent to the TEC. 


BF3.15 The amount of ESOL tuition to be pre-purchased by non-principal 

applicants 

See previous instructions BF3.15 Effective 29/11/2010 

a. The amount of ESOL tuition to be pre-purchased is determined by the applicant's average 

IELTS score across all four bands (as shown in their "Overall Band" score in the IELTS Test 

Report Form) according to the following table. 

Overall Band score Charge to be paid ESOL entitlement 

4.5 or more but less than 

5 

4 or more, but less than 

4.5 

3.5 or more, but less than 

4 

NZ$1,735 NZ$1,531.82 

NZ$3,420 NZ$3,063.64 

NZ$5,110 NZ$4,600.00 

Less than 3.5 NZ$6,795 NZ$6,131.82 

Note: No ESOL tuition is required to be pre-purchased if the applicant meets the English 

language requirements for the category they are applying under. 

b. The charge includes the applicant's ESOL tuition entitlement, as well as the INZ and TEC 

administration costs.


c. If an applicant has not submitted IELTS results when requested, the maximum charge of 

NZ$6,795 applies. 

BF3.20 Failure to pre-purchase ESOL tuition 


Any ESOL tuition charge due must be paid before the grant of a resident visa. If it is not paid 

to INZ within the specified time, the resident visa application must be declined. 

BF3.25 Limited period to use ESOL tuition 


a. If ESOL tuition is purchased the applicant must complete the tuition within 5 years from 

the date of payment. 

b. ESOL tuition will not be available without further payment, nor will refunds be given, to 

applicants who do not take up ESOL tuition within the time limits specified in paragraph 

(a). 

BF3.27 Extension of period to complete ESOL tuition 

a. Applicants who have pre-purchased ESOL tuition: 

i in New Zealand on or after 31 March 2005 and prior to 31 March 2008; or 


ii outside New Zealand on or after 31 September 2004 and prior to 31 March 2008 

will have up to 5 years from the date of payment to complete the tuition. 


BF3.30 Refunds of ESOL tuition money 

a. If ESOL tuition money is paid but the principal applicant and partner and dependent 

children do not take up residence, a refund may be granted upon request to INZ. The 

request must be made in writing. 

b. Requests made more than 6 months after the expiry date of any unused resident visa 

must be declined. 

c. Business immigration specialists considering requests for refunds must be satisfied that 

the principal applicant and partner and dependent children included in the application have 

not been granted entry permission to New Zealand as holders of resident visas. 

d. The person who paid the fee will be refunded only the ESOL entitlement. INZ and TEC 

administration costs will not be refunded. 



BH ENTREPRENEUR CATEGORY 

BH1 Objective 

The objective of the Entrepreneur Category is to attract migrants who can demonstrate they 

have been actively participating in business and contributing to New Zealand's economic 

development. 

BH2 Summary of requirements 


BH2.1 Successful establishment of a business that is benefiting New Zealand 

Principal applicants in the Entrepreneur Category are required to demonstrate that: 

a. they have established a business in New Zealand; and 

b. the business is benefiting New Zealand. 

BH2.5 Compliance with employment and immigration law 


a. Businesses established in New Zealand must comply with all relevant employment and 

immigration law in force in New Zealand. Compliance with relevant New Zealand 

employment and immigration law includes but is not limited to: 

i paying employees no less than the appropriate minimum wage or other contracted 

industry standard; and 

ii meeting holiday and special leave requirements or other minimum statutory criteria, 

e.g. occupational safety and health obligations; and 

iii only employing people who have authority to undertake that work under the 

Immigration Act 2009. 

b. Despite BH2.5 (a) above, where an application otherwise meets all requirements for 

approval and there is an incident of non-compliance with any relevant employment or 

immigration law in force in New Zealand, a business immigration specialist may 

nevertheless approve the application where: 

i they are satisfied that the breach of requirements is of a minor nature; and 

ii evidence is provided that satisfies the business immigration specialist that the cause 

and consequences of the breach have been remedied. 

c. To determine the nature of a breach, the business immigration specialist may consult with 

Workplace Employment Relations, Workplace Health & Safety, and/or the Accident 

Compensation Corporation. 

BH2.10 English language requirements 


Principal applicants in the Entrepreneur Category must meet the minimum standard of English 

(see BF2).


Any partner or dependent children aged 16 years and over who are included in the application 

must meet a minimum standard of English or, where instructions allow, pre-purchase of ESOL 


BH2.15 Health and character requirement 


Principal applicants and partners and/or dependent children included in the application must 

meet health and character requirements (see A4 and A5). 

BH2.20 Payment of migrant levy 


Applicants approved under the Entrepreneur Category are required to pay a migrant levy (see 

R5.90). 

BH3 Relationship to Long Term Business Category 


BH3.1 Businesses established while the principal applicant was holding a visa 

granted under the Long Term Business Category 

An application under the Entrepreneur Category will be declined if: 

a. the business on the basis of which the application is made was established while the 

principal applicant was holding a work visa granted under the Long Term Business 

Category; and 

b. the principal applicant was not self employed in that business for two years prior to the 

date the application under Entrepreneur Category is made. 

c. Applications under the Entrepreneur Category will also be declined if the principal applicant 

and any partner or dependent child applied for and was granted welfare assistance under 

the Social Security Act 1964 while in New Zealand during the currency of their temporary 

visas. 


BH3.5 Consistency with business proposal under the Long Term Business 

Category 

a. An application under the Entrepreneur category will be declined if: 

i the business on the basis of which the application is made was established while the 


Category; and 

ii the business is different from a business proposal (including a business proposal 

subsequently modified with the consent of a business immigration specialist) in 

respect of which the applicant was granted a work visa. 

b. Despite BH3.5 (a) above, an application may be approved if: 

i the business that has been established would have met the requirements for a 

business plan under Long Term Business Category; and


ii the business that has been established required the same or a greater level of capital 

investment than a business proposal in respect of which the applicant was granted or 

issued a work visa under the Long Term Business Category; and 

iii the applicant has relevant experience for the new business. 

BH3.10 Direct applications under Entrepreneur category 


Principal applicants are not required to have held a work visa under the Long Term Business 

Category and may apply directly for a resident visa on the basis of having already successfully 

established a business in New Zealand. 

BH4 Successful establishment of a business in New Zealand 


BH4.1 Criteria for successfully establishing a business in New Zealand 

A principal applicant will be considered to have successfully established a business in New 

Zealand if: 

a. they have established or purchased, or made a substantial investment in a business 

operating in New Zealand; and 

b. the principal applicant has been self-employed in New Zealand in that business for at least 

2 years. 

BH4.5 Definitions 

See previous instructions BH4.5 Effective 29/11/2010 

BH4.5.1 Substantial investment 


Substantial investment means the purchase of 25% or more of the shareholding of a business. 

BH4.5.5 Self-employment 

a. Self-employment is lawful active involvement in the management and operating of a 


which the principal applicant has made a substantial investment. 

b. For the avoidance of doubt, self-employment does not include involvement of a passive or 


BH4.5.10 Unacceptable Risk 

a. INZ will decline an application for a visa under Entrepreneur immigration instructions 

where it considers the grant of the visa would create unacceptable risks to the integrity of 

New Zealand’s immigration or employment laws or policies.


b. Offering business opportunities to meet the requirements of an Entrepreneur visa 

application by persons whose main business is the facilitation of entry to New Zealand of 

non-New Zealand citizens and residence class visa holders potentially creates an 

unacceptable risk to the integrity of New Zealand’s immigration laws and policies. 

Therefore, applications for Entrepreneur visas based on such business opportunities will 

not be approved. 

BH4.10 Criteria for a business benefiting New Zealand 


a. A business is considered to benefit New Zealand if it promotes New Zealand's economic 

growth by for example: 



iii creating new, or expanding existing, export markets; or 

iv creating employment for a New Zealand citizen or resident; or 

v revitalising an existing New Zealand business; and 

b. the business is trading profitably on the date the application is lodged or a business 

immigration specialist is satisfied that it clearly has the potential to become profitable 

within the following 12 months. 

c. If the associated Long Term Business visa application was made before 30 November 2009 

the 'creating employment' benefit can also include non-New Zealand citizens or residence 

class visa holders, with the exception of the principal applicant. 

BH5 Evidential requirements for entrepreneurs 


BH5.1 Evidence that the principal applicant has established a business in 

New Zealand 

a. All documents submitted to prove that the principal applicant has established a business 

in New Zealand must be produced by a reliable independent agency. 

b. Evidence that the principal applicant has established a business in New Zealand may 

include, but is not limited to: 

i a certificate of incorporation 

ii audited accounts 

iii GST records 

iv other tax records 

c. The business immigration specialist may request any other documents to support the 

application. 

BH5.5 Evidence that the business is benefiting New Zealand 


a. Evidence that the principal applicant's business is benefiting New Zealand may include, but 

is not limited to: 

i audited accounts


ii tax records 

iii export/import documentation, such as letters of credit 

iv employment records. 

b. The business immigration specialist may request any other documents to support the 

application. 


BH5.10 Evidence of compliance with relevant employment and immigration 

law 

A business immigration specialist may request evidence that the principal applicant has 

complied with all relevant employment and immigration law in New Zealand. 

BH7 Approval in principle 

BH7.1 General rules for approval in principle 


Principal applicants who meet the criteria of the Entrepreneur Category will be advised that: 

a. their application has been approved in principle; and 


i the principal applicant pays any applicable migrant levy; and 

ii the principal applicant submits evidence that they and any partner or dependent 

children aged 16 or over meets the English language requirements (see BF). 


BH7.5 Failure to meet approval in principle requirements 

Applications for a resident visa must be declined if principal applicants do not present the 

requirements listed in the approval in principle letter within the timeframe specified by a 

business immigration specialist in the approval in principle letter. 



BJ MIGRANT INVESTMENT CATEGORIES 

BJ1 Objective 

The objective of the Migrant Investment Categories is to attract financial capital to local firms 

or government by providing resident visas to those who wish to make a significant contribution 

to New Zealand's economy. 

BJ2 Overview 


The Migrant Investment Categories are comprised of two sub-categories. These are the 

Investor 1 Category and the Investor 2 Category. 

BJ2.1 Investor 1 Category 

a. To be approved under this category a principal applicant must: 

i meet requirements for health and character; and 


ii invest NZ$10 million in New Zealand in an acceptable investment for a three year 

period. 


BJ2.5 Investor 2 Category 

a. A person who is interested in applying for a resident visa under the Investor 2 Category 

may complete an Expression of Interest (EOI) form in the prescribed manner. 

Note: Applications can be made under Investor 1 Category without the need to submit an 

EOI or be invited to apply. 

b. EOIs which meet prerequisites for health, character, English language, age, business 

experience, investment funds and settlement funds, and have a minimum point score of 

20, are entered into the Investor 2 Category EOI Pool (see BJ4.15). 

c. EOI's in the Investor 2 Category EOI Pool are selected from that Pool periodically on the 

Government's behalf by Immigration New Zealand. 

d. Points for age, business experience, English language ability, and investment funds are 

claimed by a person expressing interest in accordance with the requirements set out in the 

Investor 2 Category (see BJ4). 

e. EOIs will be selected from the Pool according to their points ranking in sufficient numbers 

to meet the requirements of the Migrant Investment Categories (MIC) at the time of 

selection (subject to any adjustment to the number or distribution of places available for 

the MIC in the New Zealand Residence Programme as determined by the Government). 

f. A selected EOI may result in an Invitation to Apply (ITA) for a resident visa under the 

Investor 2 Category, subject to: 

i an assessment of the credibility of the information provided in the EOI; and 

ii whether the EOI indicates the presence of any health or character issues that may 

adversely affect the ability of the person expressing interest to be granted a resident 

visa under the Investor 2 Category; and


iii whether the EOI indicates that the person expressing interest will not meet the 

Investor 2 Category criteria. 

g. Only a person with an ITA may apply for a resident visa under the Investor 2 Category. 

h. The issue of an ITA does not guarantee that a resident visa will be granted. 

i. If a person is invited to apply, information provided in the EOI, and any further evidence, 

information and submissions will form the basis for determination of a subsequent 

application for a resident visa under the Investor 2 Category. 

j. Applications for a resident visa resulting from an ITA must include: 

i information and evidence to support the claims made in the EOI; and 

ii information concerning any relevant fact (including any material change in 

circumstances that occurs after the EOI was submitted) if that fact or change in 

circumstances could affect the decision on the application. Such a relevant fact or 

change in circumstances may relate to the principal applicant or another person 

included in the application, and may relate to any matter relevant to the Investor 2 

Category. 

k. To be approved under the Investor 2 Category a principal applicant must: 

i meet requirements for health and character (see A4 and A5); and 

ii qualify for the points for English language, age, business experience and nominated 

investment funds on the basis of which their EOI was selected from the Pool; and 

iii invest NZ$1.5 million in New Zealand. 

BJ2.15 Applications available under the Investor 2 Category 


a. Up to 300 applications can be approved annually under the Investor 2 Category. These sit 

within the total number of places available under the Skilled/Business stream of the New 

Zealand Residence Programme (NZRP). 

b. The Minister of Immigration may review and adjust the number of applications that can be 

approved periodically, provided the adjustment is within the NZRP. 

BJ2.20 Approval in principle 


Under both of the Migrant Investment Categories (MIC), where an application is approved in 

principle the principal applicant will be required to provide acceptable evidence of having 

transferred and invested the nominated funds in accordance with the relevant requirements of 

the category under which they have applied, before a resident visa is granted. 

BJ2.25 Resident visas granted with conditions 



a. Under the Migrant Investment Categories (MIC), a resident visa is granted to a principal 

applicant and accompanying partner and dependent children subject to conditions under 

section 49(1) of the Immigration Act 2009. All resident visas granted in accordance with 

these instructions must specify that the visa will be subject to the following conditions 

under section 49(1).


b. The MIC conditions are that: 

i the principal applicant retains an acceptable investment in New Zealand for a 

minimum of three years (Investor 1 Category) or four years (Investor 2 Category) and 

spends a minimum period of time in New Zealand during the required investment 

period (see BJ9); and 

ii the principal applicant informs the nearest branch of INZ of any changes of New 

Zealand address during the required investment period; and 

iii a principal applicant who was awarded 1 point for English language ability (IELTS 3) 

under the Investor 2 Category, must complete a minimum 20 hours of English 

language tuition with a New Zealand Qualifications Authority (NZQA) registered 

education provider in New Zealand within the four year investment period; and 

iv at the two-year anniversary of the investment period, the principal applicant submit 

evidence that they: 

are retaining an acceptable investment in New Zealand; and 

meeting minimum period of time in New Zealand requirements; and 

v within 3 months after the expiry date of the required investment period, the principal 

applicant submit evidence to INZ that they have met conditions (i) and (iii) if 

applicable. 

c. Any accompanying partner and dependent children of a principal applicant granted a 

resident visa will be subject to the condition that the principal applicant complies with the 

conditions of their visa. 

BJ2.25.1 Imposing conditions 

a. Principal applicants are advised of the conditions of their visa in a letter that states: 

i the conditions; and 

ii that failure to comply with the conditions may result in the visa holder becoming liable 

for deportation under section 159 of the Immigration Act 2009. 

b. The letter will also specify the date on which the required investment period begins (see 

BJ7.25). 

BJ2.30 Verification 


a. Business immigration specialists must be satisfied that all documents provided as evidence 

are genuine and accurate, and may take any steps they determine necessary to verify 

such documents and the information they contain. 

b. All documentation provided should be independent and verifiable to a business 

immigration specialist's satisfaction. 

c. A business immigration specialist may interview, or ask another branch of Immigration 

New Zealand to interview, the principal applicant in order to determine whether or not the 

information provided in an application is genuine and accurate. 

Note: A business immigration specialist is an immigration officer. 

BJ3 Investor 1 Category 

a. Principal applicants under the Investor 1 Category are assessed against: 



i health and character requirements; and 

ii investment funds requirements. 

b. For an application to be approved under the Investor 1 Category: 

i the principal applicant and family members included in the application must meet 

health and character requirements (see A4 and A5); and 

ii the principal applicant must nominate funds and/or assets equivalent in value to at 

least NZ$10 million and demonstrate ownership of these funds and/or assets; and 

iii the principal applicant must demonstrate that the nominated funds have been legally 

earned or acquired; and 

iv the principal applicant must undertake to invest NZ$10 million for a period of three 

years in New Zealand and transfer and place the funds in an acceptable investment in 

accordance with the instructions in BJ7.10. 

BJ3.5 Health and character requirements 


Applicants under the Investor 1 Category must meet health and character requirements (see 

A4 and A5). 

BJ3.10 Investment funds 


BJ3.10 Effective 25/07/2011 

BJ3.10 Effective 29/11/2010 


a. The principal applicant must invest a minimum of NZ$10 million in New Zealand for a 

period of three years. 

b. The principal applicant must: 

i nominate funds and/or assets equivalent in value to NZ$10 million; and 

ii demonstrate ownership of these funds and/or assets (see BJ3.10.1); and 

iii demonstrate that the nominated funds and/or assets have been earned or acquired 

legally (see BJ3.10.1 (c) below). 

c. All invested funds must meet the conditions of an acceptable investment as set out under 

BJ3.10.25. 

BJ3.10.1 Ownership of nominated funds and/or assets 

a. Nominated funds and/or assets may be owned either: 

i solely by the principal applicant; or 

ii jointly by the principal applicant and partner and/or dependent children who are 

included in the resident visa application, provided a business immigration specialist is 

satisfied the principal applicant and partner have been living together for 12 months 

or more in a partnership that is genuine and stable (see R2.1.15 and R2.1.15.1 (b) 

and R2.1.15.5 (a)(i)). If so, the principal applicant may claim the full value of such 

jointly owned funds or assets for assessment purposes.


b. If nominated funds and/or assets are held jointly by the principal applicant and a person 

other than their partner or dependent child, the principal applicant may only claim the 

value of that portion of funds and/or assets for which they provide evidence of ownership. 

c. The principal applicant may only nominate funds and/or assets that they earned or 

acquired legally, including funds and/or assets which have been gifted to them 

unconditionally and in accordance with local law. Where nominated funds and/or assets 

have been gifted to the principal applicant a business immigration specialist must be 

satisfied that the funds and/or assets being gifted were earned lawfully by the person/s 

gifting the funds and/or assets. 

d. The nominated funds and/or assets must be unencumbered. 

e. The nominated funds and/or assets must not be borrowed. 

BJ3.10.5 Definition of 'funds earned or acquired legally' 

a. Funds and/or assets earned or acquired legally are funds and/or assets earned or acquired 

in accordance with the laws of the country in which they were earned or acquired. 

b. Business immigration specialists have discretion to decline an application if they are 

satisfied that, had the funds and/or assets been earned or acquired in the same manner in 

New Zealand, they would have been earned or acquired contrary to the criminal law of 


BJ3.10.10 Definition of 'unencumbered funds' 

Unencumbered funds are funds that are not subject to any mortgage, lien, charge and/or 

encumbrance (whether equitable or otherwise) or any other creditor claims. 

BJ3.10.15 Funds already held in New Zealand 

a. Funds held in New Zealand at the time the application is made may be included in 

investment funds. However, periods of investment in New Zealand before approval in 

principle cannot be taken into account when calculating the three-year investment period. 

b. Funds held in New Zealand must originally have been transferred to New Zealand through 

the banking system, or a foreign exchange company that uses the banking system from 

the country or countries in which they were earned or acquired legally, or have been 

earned or acquired lawfully in New Zealand (see BJ7.10). 

BJ3.10.20 Evidence of the principal applicant's nominated funds and assets 

a. Principal applicants must provide evidence of net funds and/or assets to the value of the 

required investment funds. 

b. Principal applicants must provide evidence to the satisfaction of a business immigration 

specialist that the nominated funds and/or assets were earned or acquired legally. 

c. All documents provided as valuations of assets must be: 

i no more than three months old at the date the resident visa application is made; and 

ii produced by a reliable independent agency. 

d. A business immigration specialist may seek further evidence if they: 

i are not satisfied that the nominated funds and/or assets were earned or acquired 

legally; or


ii consider that the nominated funds and/or assets may have been gifted or borrowed 

without being declared; or 

iii are not satisfied with the valuation provided; or 

iv consider that the nominated funds and/or assets fail in some other way to meet the 

rules for investment funds. 

BJ3.10.25 Definition of 'acceptable investment' 

a. An acceptable investment means an investment that: 

i is capable of a commercial return under normal circumstances; and 

ii is not for the personal use of the applicant(s) (see BJ5.50.1 below); and 

iii is invested in New Zealand in New Zealand currency; and 

iv is invested in lawful enterprises or managed funds (see BJ5.50.5) that comply with all 

relevant laws in force in New Zealand; and 

v has the potential to contribute to New Zealand's economy; and 

vi is invested in either one or more of the following: 

bonds issued by the New Zealand government or local authorities; or 

bonds issued by New Zealand firms traded on the New Zealand Debt Securities 

Market (NZDX); or 

bonds issued by New Zealand firms with at least a BBB- or equivalent rating from 

internationally recognised credit rating agencies (for example, Standard and Poor's); 

or 

equity in New Zealand firms (public or private including managed funds); or 

bonds issued by New Zealand registered banks; or 

equities in New Zealand registered banks; or 

residential property development(s) (see BJ3.10.40); or 

bonds in finance companies (see BJ3.10.25 (c)). 

Note: For the purposes of these instructions, convertible notes are considered to be an equity investment. 

New Zealand registered banks are defined by the New Zealand Reserve Bank Act 1989. 

b. Notwithstanding (a) above, where an investment fails to meet one of the acceptable 

investment requirements, a business immigration specialist may consider, on a case by 

case basis, whether the failure was beyond the control of the principal applicant and if 

satisfied that this was the case, may consider the investment acceptable. 

c. A Business Immigration Specialist may consider bonds in finance companies as an 

acceptable investment where the finance company: 

i is a wholly-owned subsidiary of, 

ii raises capital solely for, and 

iii has all its debt securities unconditionally guaranteed by 

a New Zealand Stock Exchange listed company or a local authority. 

Note: The value of an investment is based on the net purchase price (for example, less any 

accrued interest, commission, brokerage and/or trade levy), not on the face value of the 

investment. 

BJ3.10.30 Personal use of investment funds 

Personal use includes investment in assets such as a personal residence, car, boat or similar.


BJ3.10.35 Managed funds 

a. For the purposes of these instructions managed funds are defined as either: 

i a managed fund investment product offered by a financial institution; or 

ii funds invested in equities that are managed on an investor's behalf by a fund manager 

or broker. 

b. In order to be acceptable as a form of investment managed funds must be invested only in 

New Zealand companies. Managed fund investments in New Zealand with international 

exposure are acceptable only for the proportion of the investment that is invested in New 

Zealand companies. 

Example: Only 50 percent of a managed fund that equally invests in New Zealand and 

international equities would be deemed to be an acceptable investment as set out in BJ3.10. 

BJ3.10.40 Residential property development 

For the purposes of these instructions, residential property development(s) is defined as 

property(ies) in which people reside and is subject to the following conditions: 

a. the residential property must be in the form of new developments on either new or 

existing sites; and 

b. the residential property(ies) cannot include renovation or extension to existing dwellings; 

and 

c. the new developments must have been approved and gained any required consents by any 

relevant regulatory authorities (including local authorities); and 

d. the purpose of the residential property investments must be to make a commercial return 

on the open market; and 

e. neither the family, relatives, nor anyone associated with the principal investor, may reside 

in the development; and 

f. the costs associated with obtaining any regulatory approval (including any resource or 

building consents) are not part of the principal applicant’s acceptable investments. 


BJ4 Investor 2 Category (Expression of Interest and Invitation to Apply) 

BJ4.1 Expressing interest in being invited to apply under the Investor 2 

Category 


a. People notify their interest in being invited to apply for a resident visa under the Investor 

2 Category by tendering an Expression of Interest (EOI) to Immigration New Zealand in 

the prescribed manner. The prescribed manner for completing and submitting an EOI is 

that the person expressing interest submits to a business immigration specialist: 

i a completed Investor 2 Category Expression of Interest Form (INZ 1165); and 

ii the appropriate fee. 

b. Through completion of an EOI, a person: 

i provides information regarding their: identity (see A2), health (see A4), character (see 

A5) and settlement funds (see BJ5.45); and


ii provides information about their English language ability in accordance with the 

requirements for English language ability set out at BJ5.15 and BJ5.35 of these 

instructions; and 

iii claims points for age, business experience, English language, and investment funds (in 

accordance with requirements set out in BJ4 of the Investor 2 Category). 

c. It is the responsibility of the person submitting the EOI to ensure that it is correct in all 

material respects. 

BJ4.5 Implications of providing false or misleading information 


a. The Immigration Act 2009 provides that: 


i the provision of false or misleading information as part of an Expression of Interest 

(EOI) or associated submission; or 

ii the withholding of relevant, potentially prejudicial information from an EOI or 

associated submission; or 

iii failure to advise an immigration officer of any fact or material change in circumstances 

that occurs after an EOI is lodged that may affect a decision to invite the person to 

apply for a resident visa or to grant a resident visa, 

is sufficient grounds for the decline of an application for a resident visa and for the holder 

of a residence class or temporary class visa to become liable for deportation. 

b. Information relating to a claim made in an EOI that is factually inaccurate and is relevant 

to the issuing of an Invitation to Apply or the assessment of a resident visa application, 

will be considered misleading. 

BJ4.15 Submission of Expressions of Interest to the Pool 

See previous instructions BJ4.15 Effective 29/11/2010 



Expressions of Interest submitted in the prescribed manner may be entered into a Pool of 

Expressions of Interest (the Pool) if the person expressing interest: 


because none of the people included in their Expression of Interest are people who: 

i would not be granted a medical waiver (see A4.60); or 

ii are described in sections 15 and 16 of the Immigration Act 2009 (see A5.20); and 

b. has claimed points for a minimum overall band score of IELTS 3 for English language 

ability (see BJ5.35); and 

c. has confirmed that they are aged 65 years or younger (see BJ5.25); and 

d. has claimed points for a minimum of three years of business experience (see BJ5.30); and 

e. has claimed points for a minimum of NZ$1.5 million of investment funds (see BJ5.40); and


f. has confirmed that they legally own NZ$1 million of settlement funds in addition to the 

$1.5 million investment funds (see BJ5.45). 

BJ4.20 Selection of Expressions of Interest 


a. As Expressions of Interest are entered into the Pool they will be ranked on the basis of 

total points claimed for age, business experience, English language ability, and investment 

funds in accordance with the points allocated to these factors under the Investor 2 

Category. The ranking of Expressions of Interest relative to each other will change as 

Expressions of Interest enter, or are withdrawn from, the Pool. 

b. Expressions of Interest will be selected from the Pool according to their points ranking in 

sufficient numbers to meet the requirements of New Zealand’s Residence Programme. 

BJ4.25 Currency of an Expression of Interest 


a. An Expression of Interest (EOI) is current for a period of six months from the date of initial 

submission to the Pool unless no Pool selection of EOIs has occurred within that six-month 

period. Where this is the case, the EOI is current until such time as a selection from the 

Pool has occurred. 

b. An EOI that is no longer current will be withdrawn from the Pool. 

c. Notwithstanding (a), the Branch Manager of the Business Migration Branch can, if 

necessary, in relation to managing the number of places available under the Migrant 

Investment Categories, extend the currency of an EOI beyond the six-month timeframe. 

d. An EOI will also be withdrawn from the Pool if it is rejected after selection because it does 

not meet prerequisites for entry to the Pool and as a result no Invitation to Apply is issued. 


BJ4.30 Invitation to Apply for a resident visa under the Investor 2 Category 


a. People whose Expressions of Interest (EOI) have been selected from the Pool may be 

issued with an Invitation to Apply (ITA) for a resident visa under the Investor 2 Category 

if: 

i the information provided does not indicate the presence of any health or character 

issues which may adversely affect their ability to be granted a resident visa under the 

Investor 2 Category; and 

ii a business immigration specialist considers that the person's claims in regards to: 

points for age, business experience, English language ability, investment funds; and 

settlement funds, 

which were the basis for selection from the Pool, are credible. 

b. A business immigration specialist may seek further evidence, information or submissions 

from a person whose EOI has been selected from the Pool, for the purpose of determining 

whether to issue them with an ITA under the Investor 2 Category. 

c. A business immigration specialist's decision to issue an ITA for a resident visa under the 

Investor 2 Category (based on information, evidence and submissions provided prior to 

application) does not guarantee: 

i that the points claimed by the applicant will be awarded; or


ii a positive assessment in respect of health, character, English language, or any other 

requirements, of any subsequent application for a resident visa; or 

iii that the person will be granted a resident visa. 

d. The selection of an EOI from the Pool may not result in an ITA for a resident visa under 

the Investor 2 Category. 

e. The issue of an ITA does not guarantee that a resident visa will be granted. 

BJ5 Investor 2 Category (Summary of Requirements) 

BJ5.1 Ability to apply 


A person may only apply for a resident visa under the Investor 2 Category if: 


a. they have been issued with an Invitation to Apply (ITA) under the Investor 2 Category; 

and 

b. they apply for a resident visa under the Investor 2 Category within four months of the 

date of the letter in which that invitation is made; and 

c. that ITA has not been revoked. 

BJ5.5 Approval of applications under the Investor 2 Category 

a. Principal applicants under the Investor 2 Category are assessed against: 

i age, health, character and English language requirements; and 

ii investment and settlement fund requirements; and 

iii business experience requirements. 

b. For an application under the Investor 2 category to be approved: 



health and character requirements; and 

ii the principal applicant must qualify for the points on the basis of which their EOI was 

selected from the Pool; and 

iii the principal applicant must be aged 65 years or younger; and 

iv the principal applicant must have a minimum of three years of business experience; 

and 

v the principal applicant must have a minimum overall band score of IELTS 3 for English 

language ability; and 

vi the principal applicant must nominate investment funds and/or assets equivalent in 

value to at least NZ$1.5 million; and 

vii the principal applicant must nominate NZ$1 million of settlement funds; and 

viii the principal applicant must demonstrate ownership of the nominated funds and/or 

assets and that they have been legally earned or acquired. 

c. Despite BJ5.5(b)(ii) above, if a principal applicant does not qualify for the points for 

business experience and nominated investment funds on the basis of which their EOI was


selected from the Pool (see BJ4.20), a business immigration specialist may, on a case by 

case basis, determine that the application may nevertheless be approved, where the 

principal applicant has satisfied a business immigration specialist that there was a 

reasonable basis for making the claim for points in the Expression of Interest and that in 

making that claim there was no fraud, or intent to provide false or misleading information. 

BJ5.10 Health and character requirements 


Applicants under the Investor 2 Category must meet health and character requirements (see 

A4 and A5). 

BJ5.15 English language requirements 


a. Principal applicants under the Investor 2 Category must meet a minimum standard of 

English (see BJ5.35). 

b. Any partner or dependent children aged 16 years and over who are included in a Investor 

2 Category application must meet a minimum standard of English or pre-purchase ESOL 


BJ5.20 Investor 2 Category points system 


a. Age, business experience, English language ability, and nominated investment funds are 

assessed using a points system. 

b. An application for a resident visa under the Investor 2 Category will be declined if a 

principal applicant does not qualify for the points for business experience and nominated 

investment funds on the basis of which their Expression of Interest was selected from the 

Pool, unless BJ5.5(c) applies 

BJ5.25 Age 


a. Principal applicants under the Investor 2 Category must be aged 65 years or younger at 

the time of application. 

b. A principal applicant's age under the Investor 2 Category qualifies for points as follows: 

Points 

Age Points Age 

60 - 65 0 42 18 

59 1 41 19 

58 2 40 20 

57 3 39 21 

56 4 38 22 

55 5 37 23 

54 6 36 24 

53 7 35 25 

52 8 34 26


51 9 33 27 

50 10 32 28 

49 11 31 29 

48 12 30 30 

47 13 29 31 

46 14 28 32 

45 15 27 33 

44 16 26 34 

43 17 

BJ5.25.1 Evidence of age 

25 or 

below 35 

Evidence of age may include, but is not limited to, original or certified copies of: 

a. a birth certificate; or 

b. a passport or other travel document; or 

c. an identity document (from countries which require these and where birth details are 

confirmed before the document is issued). 

BJ5.30 Business experience 


a. Principal applicants must have a minimum of three years of recognised business 

experience. 

b. Recognised business experience qualifies for points as set out below: 

Business 

Experience 

years Points 

3 9 

4 12 

5 15 

6 18 

7 21 

8 24 

9 27 

10+ 30 

BJ5.30.1 Basic rules for business experience 


a. Business experience is recognised for the award of points if it is experience in planning, 

organisation, control, senior change-management, direction-setting and mentoring 

acquired through ownership of, or management level experience in, a lawful business


enterprise that has at least five full-time employees or an annual turn-over of NZ$1 

million. 

b. A principal applicant is considered to own a business if they own at least 25 percent of a 

business. 

c. A lawful business enterprise is an organisation that: 

i operates lawfully in a commercial environment with the goal of returning a profit; and 

ii is not set up primarily for passive or speculative purposes. 

BJ5.30.5 Length of business experience 

a. The length of business experience is determined on the basis of full-time business 

experience of at least 30 hours per week. Credit for part-time business experience may be 

given on a proportional basis. 

Example: Business experience gained over eight years for 15 hours per week would equal 

four years' business experience based on a 30-hour week. 

b. Credit is given for 30 hour weeks only, even where a principal applicant has worked more 

than 30 hours in any week. 

BJ5.30.10 Evidence of the principal applicant's business experience 

a. Documents submitted as evidence of the principal applicant's business experience must 

show the position(s) and the responsibilities held. 

b. Evidence of the principal applicant's business experience can include, but is not limited to, 

original or certified copies of the following documents as are necessary to allow a business 

immigration specialist to make a decision: 

i business registration 

ii company financial accounts 

iii company tax returns and tax records 

iv shareholder certificates or proof of ownership of business 

v job specifications 

vi job assessments 

vii personal tax returns 

viii letters of appointment 

ix certificates of service 

x strategic planning documents 

xi references from employers on company letterhead, stating the occupation and dates 

of employment, and giving the contact phone number and address of the employer. 

c. A business immigration specialist may require additional documents, evidence and 

information as they consider necessary to determine an application. 

d. Evidence of part-time business experience includes that listed in paragraph (b) above, but 

must show actual weekly hours worked.


Note: Documents provided as evidence of business experience must, in combination, 

demonstrate experience of all the elements contained within the requirements for recognition 

of the business experience (see BJ5.30.1). 

Note: New Zealand business experience must be lawfully gained. 

BJ5.35 English language ability 


a. Principal applicants must have a minimum overall band score of IELTS 3 for English 

language ability. 

b. English language ability qualifies for points as follows: 

IELTS overall Points 

band score 

3 1 

4 4 

5+ 10 

BJ5.35.1 Evidence of English language ability 

a. Unless claiming 10 points for IELTS 5 or more, Principal applicants must provide a 

certificate (no more than 2 years old at the time the application is lodged) from the 

International English Language Testing System (IELTS), which shows overall band scores 

of 3 or 4 or more in the IELTS General or Academic Module. 

b. Principal applicants claiming 10 points for IELTS 5 or more must provide one of the 

following: 

i a certificate (no more than 2 years old at the time the application is lodged) from the 

International English Language Testing System (IELTS), which shows an overall band 

score of 5 or more in the IELTS General or Academic Module; or 

ii evidence that they have an English-speaking background (see BF2.1) which is 

accepted by a business immigration specialist as meeting the standard of English for 

which 10 points can be awarded; or 

iii other evidence which satisfies a business immigration specialist that, taking account of 

that evidence and all the circumstances of the application, the person meets the 

standard of English for which 10 points can be awarded. Evidence may include but is 

not limited to: 

the country in which the applicant currently resides; 

the country(ies) in which the applicant has previously resided; 

the duration of residence in each country; 

the nature of the applicant's current or previous employment (if any) and whether it 

required or was likely to have required skill in English language; 

the nature of the applicant's qualifications (if any) and whether the obtaining of 

those qualifications was likely to have required skill in English language. 

c. In any case under (b) (ii) or (iii), a business immigration specialist may require an 

applicant to provide an IELTS certificate in terms of paragraph (b)(i). In such cases, the 

IELTS certificate will be used to determine whether the applicant can be awarded 10 points 

for English language ability.


Note: IELTS is an international organisation that provides an assessment of ability in English. 

Its General and Academic Modules provide band totals (test results) showing overall ability as 

well as performance in listening, reading, writing and speaking. 

BJ5.40 Investment funds 



a. The principal applicant must nominate a minimum of NZ$1.5 million to invest in New 

Zealand. 

b. Points can be claimed for the amount of funds the principal applicant intends to invest in 


c. The principal applicant must: 

i nominate funds and/or assets equivalent to the amount that they wish to invest in 


ii demonstrate ownership of the nominated funds and/or assets (see BJ5.40.1 below); 

and 


legally (see BJ5.40.1 (c) below). 

d. All invested funds must meet the conditions of an acceptable investment set out in BJ5.50. 

e. Investment funds qualify for points as follows: 

Investment 

Amount 

(NZ$M) Points 

Investment 

Amount 

(NZ$M) Points 

$1.50 10 $5.75 95 

$1.75 15 $6 100 

$2 20 $6.25 105 

$2.25 25 $6.5 110 

$2.5 30 $6.75 115 

$2.75 35 $7 120 

$3 40 $7.25 125 

$3.25 45 $7.5 130 

$3.5 50 $7.75 135 

$3.75 55 $8 140 

$4 60 $8.25 145 

$4.25 65 $8.5 150 

$4.5 70 $8.75 155 

$4.75 75 $9 160 

$5 80 $9.25 165 

$5.25 85 $9.5 170 

$5.5 90 $9.75 175


BJ5.40.1 Ownership of nominated funds and/or assets 



ii jointly by the principal applicant and partner who are included in the resident visa 

application, provided a business immigration specialist is satisfied the principal 

applicant and partner have been living together for 12 months or more in a 

partnership that is genuine and stable (see R2.1.15 and R2.1.15.1 (b) and R2.1.15.5 

(a)(i)); or 

iii jointly by the principal applicant and dependent children who are included in the 

resident visa application. 

If so, the principal applicant may claim the full value of such jointly owned funds or assets 

for assessment purposes. 


other than their partner or dependent child, the principal applicant may only claim the 

value of that portion of funds and/or assets for which they provide evidence of ownership. 


acquired legally, including funds and/or assets which have been gifted to them 

unconditionally and in accordance with local law. Where nominated funds and/or assets 

have been gifted to the principal applicant a business immigration specialist must be 

satisfied that the funds and/or assets being gifted were earned lawfully by the person/s 

gifting the funds and/or assets. 



BJ5.40.5 Definition of 'funds earned or acquired legally' 







BJ5.40.10 Definition of 'unencumbered funds' 



BJ5.40.15 Funds already held in New Zealand 


investment funds, however, periods of investment in New Zealand before approval in 

principle cannot be taken into account when calculating the four-year investment period. 




earned or acquired legally in New Zealand.


BJ5.40.20 Evidence of the principal applicant's nominated funds and assets 



b. Principal applicants must provide evidence to the satisfaction of a business immigration 

specialist that the nominated funds and/or assets were earned or acquired legally. 

c. All documents provided as valuations of assets must be: 



d. A business immigration specialist may seek further evidence if they: 


legally; or 

ii consider that the nominated funds and/or assets may have been gifted or borrowed; 

or 





BJ5.45 Settlement funds 

BJ5.45.1 Aim and Intent 

Principal applicants under the Investor 2 Category must demonstrate that they have the ability 

to support themselves, their partner, and/or dependent children (see R2.1.30) who are 

included in the resident visa application during the four year investment period in New 


BJ5.45.5 Requirement for settlement funds 

Principal applicants must demonstrate ownership of a minimum of NZ$1 million in addition to 

their nominated investment funds. 

BJ5.45.10 Ownership of settlement funds 

a. Funds may be owned either: 


ii jointly by the principal applicant and partner and/or dependent children (see R2.1.30) 

who are included in the resident visa application. 

b. The principal applicant may claim the full value of jointly owned funds or assets for 

assessment purposes provided a business immigration specialist is satisfied the principal 

applicant and partner have been living together for 12 months or more in a genuine and 

stable partnership (see R2.1.15, R2.1.15.1 (b) and R2.1.15.5 (a) (i)). 

c. If funds or assets are held jointly by the principal applicant and a person other than their 

partner or dependent child, the principal applicant may only claim the value of that portion 

of the funds or assets for which they provide evidence of ownership.


BJ5.45.15 Evidence of settlement funds 

Evidence of settlement funds may include, but is not limited to: 

a. funds held in a New Zealand bank account(s); and/or 

b. funds held in an offshore bank account(s), together with evidence that the funds can be 

accessed from New Zealand; and/or 

c. acceptable evidence of net assets (either in New Zealand or offshore). 

BJ5.50 Definition of ‘acceptable investment’ 


BJ5.50 Effective 25/07/2011 

BJ5.50 Effective 29/11/2010 



ii is not for the personal use of the applicant(s) (see BJ5.50.1 below); and 



iv is invested in lawful enterprises or managed funds (see BJ5.50.5) that comply with all 

relevant laws in force in New Zealand; and 








or 

equity in New Zealand firms (public or private including managed funds); or 



residential property development(s) (see BJ5.50.10) or 

bonds in finance companies (see BJ5.50 (c)). 

Note: For the purposes of these instructions, convertible notes are considered to be an equity investment. 










iii has all its debt securities unconditionally guaranteed by 

a New Zealand Stock Exchange listed company or a local authority.




investment. 

BJ5.50.1 Personal use of investment funds 

Personal use includes investment in assets such as a personal residence, car, boat or similar. 

BJ5.50.5 Managed funds 

a. For the purposes of these instructions, managed funds are defined as either: 



or broker. 






international equities would be deemed to be an acceptable investment as set out in BJ5.50.5 

BJ5.50.10 Residential property development 






and 









BJ6 Summary of points for the Investor 2 category 

Point 

Point 

Age s 

Age s 

60 - 65 0 42 18 

59 1 41 19 

58 2 40 20 



57 3 39 21 

56 4 38 22 

55 5 37 23 

54 6 36 24 

53 7 35 25 

52 8 34 26 

51 9 33 27 

50 10 32 28 

49 11 31 29 

48 12 30 30 

47 13 29 31 

46 14 28 32 

45 15 27 33 

44 16 26 34 

43 17 

Business 

Experience 

years Points 

3 9 

4 12 

5 15 

6 18 

7 21 

8 24 

9 27 

10+ 30 

IELTS overall Points 

band score 

3 1 

4 4 

5+ 10 

Investment 

Amount 

(NZ$M) Points 

25 or 

below 35 

Investment 

Amount 

(NZ$M) Points 

$1.50 10 $5.75 95


$1.75 15 $6 100 

$2 20 $6.25 105 

$2.25 25 $6.5 110 

$2.5 30 $6.75 115 

$2.75 35 $7 120 

$3 40 $7.25 125 

$3.25 45 $7.5 130 

$3.5 50 $7.75 135 

$3.75 55 $8 140 

$4 60 $8.25 145 

$4.25 65 $8.5 150 

$4.5 70 $8.75 155 

$4.75 75 $9 160 

$5 80 $9.25 165 

$5.25 85 $9.5 170 

$5.5 90 $9.75 175 

BJ7 Approval in principle and transfer of funds 

BJ7.1 Aim and intent 


The instructions regarding the nominated investment funds and/or assets and the method of 

transfer of those funds to New Zealand are designed to ensure: 

a. the legitimacy and lawful ownership of the nominated funds and/or assets; and 

b. the direct transfer of the investment funds through a structured and prescribed process to 

guarantee ongoing legitimacy and lawful ownership of the funds invested in New Zealand. 

BJ7.5 Approval in principle 

Principal applicants who are assessed as meeting the requirements under either: 

a. the Investor 1 Category set out at BJ3 (b) i – iii; or 

b. the Investor 2 Category set out at BJ5.5(b) i - viii. 

will be advised that: 

i their application has been approved in principle; and 


ii resident visas may be granted once they: 

provide acceptable evidence of having transferred and invested the nominated funds 

in accordance with the relevant instructions; and


provide a New Zealand address at which they can be contacted by mail, after they 

arrive in New Zealand; and 

pay any applicable migrant levy and, if applicable, submit evidence that any 

applicant aged 16 or over in the Investor 2 Category meets the English language 

requirement; and 

iii resident visas will be granted subject to conditions under section 49(1) of the 


BJ7.10 Transfer of the nominated investment funds 



a. When their application is approved in principle, the principal applicant will be required to 

transfer the nominated investment funds to New Zealand. These funds must: 

i be the funds initially nominated, or the funds that result from the sale of the same 

assets as those initially nominated, in the resident visa application; or 

ii be funds, in the case of the Investor 1 Category as agreed to by a business 

immigration specialist, secured against the nominated assets in the resident visa 

application and as approved in accordance with (b) below; and 

iii be transferred through the banking system directly from the principal applicant's bank 

account(s) to New Zealand; or 

iv be transferred by a foreign exchange company to New Zealand through the banking 

system. Business immigration specialists may not accept the transferred funds if the 

applicant cannot provide satisfactory evidence of the following: 

the nominated investment funds have been transferred to the foreign exchange 

company directly from the principal applicant’s bank account(s); and 

the nominated investment funds have not been transferred through the foreign 

exchange company contrary to the laws of New Zealand; and 

nominated investment funds transferred are traceable; and 

cash transactions were not made; and 

the foreign exchange company is not suspected of, or proven to have committed 

fraudulent activity or financial impropriety in any country it operates from or in. 

b. Under the Investor 1 Category, a business immigration specialist may consider, on a case 

by case basis, borrowed funds as acceptable investment funds where the principal 

applicant is able to demonstrate that: 

i they own net assets equal or greater in value to the required investment amount; and 

ii the borrowed investment funds will be from a bank or commercial lending institution 

acceptable to a business immigration specialist and will be secured against the assets 

identified under (i); and 

iii it is not economically viable or practical to liquidate the nominated assets. eg sell a 

business. 

c. The investment funds that are transferred to New Zealand and subsequently into an 

acceptable investment must be from the same source of funds as nominated in the 

resident visa application.


Note: Nominated funds held in a country other than the country in which they were earned or 

acquired legally must have been originally transferred through the banking system, or a 

foreign exchange company that uses the banking system from that country. 


BJ7.15 Evidence of the transfer of the nominated funds to New Zealand 

a. Acceptable evidence of the transfer of the nominated funds must be provided by way of 

the telegraphic transfer documentation together with a current bank statement showing 

the transfer(s). 

b. A business immigration specialist may request any other information to satisfy them that 

the above requirements have been met. 

BJ7.20 Timeframe for investing funds in New Zealand 



a. Principal applicants must meet the requirements for transferring and investing the 

nominated funds within 12 months of the date of the letter advising of approval in 

principle. 

b. Applications for a resident visa must be declined if principal applicants do not present 

acceptable evidence of having transferred and invested the nominated funds within 12 

months (or up to a maximum of 24 months for Investor 1 applicants, or 18 months for 

Investor applicants if an extension is granted, see BJ7.20.1 below) from the date of 

approval in principle. 

BJ7.20.1 Extending the timeframe for investing funds in New Zealand 

a. Principal applicants may request an extension to their transfer and investment period (see 

BJ7.20) for up to a further 12 months for Investor 1 applicants, or 6 months for Investor 2 

applicants. 

b. If a principal applicant wishes to request an extension to the timeframe for transferring 

and investing the nominated investment funds to New Zealand they must contact the 

Business Migration Branch of Immigration New Zealand within 12 months of the date of 

the letter advising of approval in principle and present evidence of reasonable attempts to 

transfer the nominated investment funds to New Zealand. 

c. Following a principal applicant’s presentation of evidence a business immigration specialist 

may: 

i grant an extension to the transfer and investment period if they believe the evidence 

shows the principal applicant has made reasonable attempts to transfer and invest 

nominated investment funds within the 12 month time period; or 

ii decline to grant an extension to the transfer and investment period if they believe the 

principal applicant has not made reasonable attempts to transfer and invest 

nominated investment funds within the 12 month time period. 

BJ7.25 When the investment period begins 


a. If the investment already meets the investment requirements, the required investment 

period begins on the date of the letter of advising approval in principle.


b. If the investment is made after approval in principle, the required investment period will 

begin on the date the investment requirements are met. 

c. The date the investment period begins is specified in the letter to the successful principal 

applicant that advises the conditions on their resident visa (see BJ8.10). 

BJ7.30 Evidence of the principal applicant's investment 


a. Principal applicants must submit the following information and documentation as evidence 

of having invested funds: 

i the full name of the investor; and 

ii the amount invested in New Zealand dollars; and 

iii the date the investment was made; and 

iv the type of investment (in the case of shares or bonds in companies, the names of the 

companies invested in and the number of shares or bonds purchased must be listed); 

and 

v documentary evidence of the investment; and 

vi a letter from a reliable independent professional (for example, a solicitor or chartered 

accountant), confirming that the funds have been invested. 

b. A business immigration specialist, at their discretion, may require any other form of 

evidence. 


BJ7.40 Temporary visa to arrange transfer and/or investment of funds 


a. After approval in principle, and upon application, a work visa may be granted to allow the 

principal applicant to arrange the transfer to, and investment of funds in, New Zealand. 

b. The work visa will be granted with travel conditions allowing for multiple journeys to New 

Zealand for 12 months after approval in principle has been given. A further visa endorsed 

with travel conditions allowing for multiple journeys may be granted upon application for 

up to a further 12 months for Investor 1 applicants, or a further 6 months for Investor 2 

applicants (see BJ7.20). 

c. On application, visitor's visas may be granted for the same period to the principal 

applicant's partner and dependants (see WS2(c)). 

d. Student visas may be granted for the same period on application to those of the principal 

applicant's dependants who wish to study, in accordance with current student instructions 

(see U8). 

BJ8 Resident visas 

BJ8.1 Issue of resident visas 

a. Resident visas may only be granted once principal applicants have: 

i met the transfer requirements set out at BJ7.10; and 



ii placed the funds into an acceptable investment; and 

iii paid any applicable migrant levy (see R5.90); and 

iv paid any applicable ESOL tuition fee(s) (see BF3.15). 

b. Resident visas will be granted subject to conditions under section 49(1) of the Immigration 

Act 2009 in accordance with the instructions set out at BJ8.10. 


BJ8.10 Resident visas subject to conditions under section 49(1) of the 

Immigration Act 


All resident visas granted under one of the Migrant Investment Categories must subject to the 

following conditions under section 49(1) of the Immigration Act 2009: 

a. that the principal applicant retains an acceptable investment in New Zealand for a 

minimum of three years under the Investor 1 Category or four years under the Investor 2 

Category and spends a minimum period of time in New Zealand during the required 

investment period (see BJ8.15); and 

b. that the principal applicant informs the nearest branch of INZ of any changes of New 

Zealand address during the investment period; and 

c. that a principal applicant who was awarded 1 point for English language ability (IELTS 3) 

under the Investor 2 Category, must complete a minimum 20 hours of English language 

tuition with a New Zealand registered school or tertiary education provider as defined in 

the Education Act 1989 within the four year investment period; and 

d. at the two-year anniversary of the investment period, the principal applicant submits 

evidence that they: 

i are retaining an acceptable investment in New Zealand; and 

ii meeting minimum period of time in New Zealand requirements; and 

e. that within 3 months after the expiry date of the investment period, the principal applicant 

submit evidence to INZ that they have met requirements (i) and (iii) if applicable. 


BJ8.15 Section 49(1) condition: minimum period of time in New Zealand 


BJ8.15 Effective 25/07/2010 

BJ8.15 Effective 29/11/2010 

As set out at BJ8.10(a), the principal applicant under each category of the Migrant Investment 

Categories must spend a minimum period of time in New Zealand during the required 

investment period. The time periods are: 

a. Investor 1 Category – 12 percent of each of the final two years of the three year 

investment period (44 days per year).


b. Investor 2 Category – 40 percent of each of the final three years of the four year 

investment period (146 days per year). 

BJ8.20 Investment transfers during the investment period 


Investment funds may be transferred from one investment to another during the investment 

period, provided: 

a. the funds remain invested in New Zealand in New Zealand currency at all times during the 

investment period; and 

b. the investment of the funds continues, during the investment period, to meet all other 

requirements for investments. 

BJ9 Section 49(1) conditions 


BJ9.1 Reminder from Immigration New Zealand to provide evidence of 

section 49(1) conditions being met 

a. Immigration New Zealand will attempt to contact the principal applicant: 

i three months before the two-year anniversary; and 

ii three months before the expiry of the required investment period requesting evidence 

that section 49(1) conditions are being met. 

b. The evidence must be provided no later than three months after the two-year anniversary 

and the expiry of the required investment period. 

BJ9.5 End of investment period 


Conditions under section 49(1) of the Immigration Act 2009 may be cancelled if the principal 

applicant provides evidence of compliance within three months after the expiry date of the 

investment period. 

BJ9.10 Retention of acceptable investment 


a. The principal applicant will need to show that they have retained an acceptable investment 

in New Zealand for the required investment period. 

b. Suitable evidence will include documentation from a reliable independent professional (for 

example, a solicitor or chartered accountant) stating: 


ii the amount invested; and 

iii the date the investment was lodged; and 

iv the type of investment (in the case of shares or bonds, the names of the companies 

invested in and the number of shares or bonds purchased must be listed); and 

v confirmation that the funds were invested in New Zealand for the full investment 

period or, if transferred, the date of lodgement and withdrawal of the investment.


c. If the principal applicant has established or purchased a shareholding or bonds in more 

than one business this information should be provided for each of the businesses. 

d. If the principal applicant has transferred funds between several organisations during the 

investment period, principal applicants should provide letters from every organisation they 

have invested with. Lodgement and withdrawal dates will be checked to ensure that funds 

have been held continuously in New Zealand for the required investment period. 

e. A business immigration specialist may request any other information in order to be 

satisfied that the above requirements have been met. 

f. Evidence that the requirements have been met includes: 

i submission of the evidence required by paragraphs (b) to (f) no later than three 

months after the two-year anniversary and the expiry date of the required investment 

period; and 

ii subsequent written confirmation on file (by a business immigration specialist) that the 

investment requirements have been met. 

BJ9.15 Minimum period of time spent in New Zealand 


The principal applicant is considered to have met the time in New Zealand requirement if they 

have been in New Zealand as a resident for the length of time specified under BJ8.15. 

Note: At the two-year anniversary of the investment period, the principal applicant must have 

met the required minimum amount of time in New Zealand for the preceding 12 month period. 

BJ9.20 English language tuition 


a. The principal applicant who was granted a resident visa under the Investor 2 category is 

considered to have met the English tuition requirements if they have completed a 

minimum of 20 hours of English language tuition with a New Zealand registered school or 

tertiary education provider as defined in the Education Act 1989 within the four year 

investment period. 

b. Suitable evidence can include a certificate of course completion. 

BJ9.25 Non compliance with section 49(1) conditions 


If section 49(1) conditions have not been complied with at the two-year anniversary check and 

at the end of the required investment period, the holder of the resident visa may be made 

liable for deportation. 

BJ9.30 Compliance with section 49(1) conditions 


a. When the principal applicant has satisfied an immigration officer that they have met the 

section 49(1) conditions at the two-year anniversary of the investment period will be 

eligible for a variation of travel conditions to allow travel for a further two years (RV3.15). 

b. When the principal applicant has satisfied an immigration officer at the end of the required 

investment period, that the conditions on their resident visa under section 49(1) have


been complied with, those requirements will be cancelled and the officer will advise the 

applicant in writing. 



BL ENTREPRENEUR PLUS CATEGORY 

BL1 Objective 

The objective of the Entrepreneur Plus Category is to attract migrants who can demonstrate 

they have been actively participating in business and contributing to New Zealand's economic 

development. 

BL2 Summary of requirements 

a. For an application under the Entrepreneur Plus Category to be approved: 



health and character requirements (see A4 and A5); and 

ii the principal applicant must hold a Long Term Business Visa; and 

iii the principal applicant and family members over 16 years must meet minimum English 

language requirements (see BL4); and 

iv the principal applicant must transfer NZ$0.5 million to New Zealand (see BL5). 

v the principal applicant must have successfully established a business in New Zealand 

(see BL6). 


BL3 Relationship to Long Term Business Category 

BL3.1 Consistency with business proposal under the Long Term Business 

Category 

a. An application under the Entrepreneur Plus Category will be declined if: 

i the business on the basis of which the application is made was established while the 


Category; and 

ii the business is different from a business proposal (including a business proposal 

subsequently modified with the consent of a business immigration specialist) in 

respect of which the applicant was granted a work visa. 

b. Applications under the Entrepreneur Plus Category will also be declined if the principal 

applicant and any partner or dependent child applied for and was granted welfare 

assistance under the Social Security Act 1964 while in New Zealand during the currency of 

their temporary visas (or permits granted under the Immigration Act 1987). 

c. Notwithstanding (a) above, where an application otherwise meets all requirements for 

approval, a business immigration specialist may approve the application when they are 

satisfied that: 

i the business that has been established would have met the requirements for a 

business plan under Long Term Business Category; and 

ii the applicant has relevant experience for the new business. 

BL4 English language requirements 


a. Principal applicants in the Entrepreneur Plus Category must have a minimum overall band 

score of IELTS 4 for English language ability (see BF2).


b. Any partner or dependent children aged 16 years and over who are included in the 

application must meet the minimum standard of English above or pre-purchase ESOL 


BL5 Transfer of investment capital 


a. If they have not done so previously under the Long Term Business Category, the principal 

applicant must provide evidence of the transfer of NZ$0.5 million of investment capital, as 

stated in the business plan, through the banking system direct from the principal 

applicant's bank account(s) to New Zealand. 

b. Borrowed capital is acceptable where the principal applicant is able to demonstrate that: 

i they own net assets equal or greater in value to the proposed investment amount; and 

ii the borrowed investment capital is from a bank or commercial lending institution and 

is secured against the assets identified under (i). 

BL6 Successful establishment of a business in New Zealand 


a. A principal applicant will be considered to have successfully established a business in New 

Zealand if: 

i they have established or purchased, or made a substantial investment in a business 

operating in New Zealand; and 

ii they have been self-employed in New Zealand in that business since meeting (i); and 

iii they have invested at least NZ$0.5 million into the business as set out at (i); and 

iv they have created a minimum of three full-time positions for New Zealand citizens or 

residents in that business; and 

v the business complies with employment and immigration law (see BL6.10). 


BL6.5 Definitions 

BL6.5.1 Substantial investment 

Substantial investment means the purchase of 25% or more of the shareholding of a business. 

BL6.5.5 Self-employment 

a. Self-employment is lawful active involvement in the management and operation of a 


which the principal applicant has made a substantial investment (see BL6.5.1). 

b. For the avoidance of doubt, self-employment does not include involvement of a passive or 


BL6.5.10 Full-time employment 

For the purpose of these instructions, full-time employment is considered to be at least 30 

hours of work per week. 



BL6.10 Compliance with employment and immigration law 

a. Businesses established in New Zealand must comply with all relevant employment and 

immigration law in force in New Zealand. Compliance with relevant New Zealand 

employment and immigration law includes but is not limited to: 

i paying employees no less than the appropriate minimum wage; and 


eg occupational safety and health obligations; and 

iii only employing people who have authority to undertake that work under the 


b. Despite (a) above, where an application otherwise meets all requirements for approval and 

there is an incident of non-compliance with any relevant employment or immigration law 

in force in New Zealand, a business immigration specialist may nevertheless approve the 

application where: 

i they are satisfied that the breach of requirements is of a minor nature; and 

ii evidence is provided that satisfies the business immigration specialist that the cause 

and consequences of the breach have been remedied. 

c. To determine the nature of a breach, the business immigration specialist may consult with 

Workplace Employment Relations, Workplace Health & Safety, and/or the Accident 

Compensation Corporation. 

BL7 Evidence of requirements 

BL7.1 Evidence of transfer of investment capital 


a. Evidence of transferring investment capital to New Zealand through the banking system 

may include but is not limited to: 

i telegraphic transfer forms 

ii other documents, evidence and information the business immigration specialist 

considers may demonstrate the transfer of investment capital to New Zealand through 

the banking system. 


BL7.5 Evidence that the principal applicant has established a business in New 


a. All documents submitted to prove that the principal applicant has established a business in 

New Zealand must be produced by a reliable independent agency or professional (for 

example, a solicitor or chartered accountant). 

b. Evidence that the principal applicant has established a business in New Zealand may 

include, but is not limited to: 

• a Certificate of Incorporation 

• financial accounts 

• GST records 

• New Zealand Companies Office annual returns 

• shareholding records 

• other tax records


c. The business immigration specialist may request any other documents to support the 

application. 

BL7.10 Evidence of investment amount 


a. Suitable evidence of the investment amount can include, but is not limited to, original or 

certified copies of the following: 

• a sales and purchase agreement 

• shareholder certificates 

• financial transfer documentation 

b. The business immigration specialist may request any other documents to support the 

application. 

BL7.15 Evidence of job creation 


a. Suitable evidence of the created jobs can include, but is not limited to, original or certified 

copies of the following documents: 

• Evidence of employees NZ citizenship or resident status (for example, passport, birth 

certificate) 

• Employment agreements or contracts 

• IRD Employee schedules 

• Payslips 

• Job descriptions 

• Job assessments 

• Letters of appointment 


BL8 Approval in principle 

Principal applicants who meet the criteria of the Entrepreneur Plus Category will be advised 

that: 



i the principal applicant pays any applicable migrant levy; and 

ii the principal applicant submits evidence that they and any partner or dependent 

children aged 16 or over meets the English language requirements (see BF1.1); and 

c. where resident visas are granted they will be subject to conditions under section 49(1) of 

the Immigration Act 2009 (see BL9.1). 



BL8.1 Failure to meet approval in principle requirements 

Applications for a resident visa may be declined if principal applicants do not present the 

requirements listed in the approval in principle letter within the timeframe specified by a 

business immigration specialist in the approval in principle letter. 

BL9 Resident visas 


Resident visas granted under these instructions will be subject to travel conditions which allow 

the applicant 12 months from the grant of the visa to enter New Zealand for the first time. 

BL9.1 Resident visas subject to conditions 

Seea also Immigration Act 2009 s 49 


a. All resident visas granted under the Entrepreneur Plus Category must impose the following 

conditions on the visa holders, under section 49(1) of the Immigration Act 2009: 

i the principal applicant must be self employed in the business for a minimum of two 

years (inclusive of time spent operating the business while holding a Long Term 

Business Visa); and 

ii the principal applicant must retain the investment and maintain the created jobs in the 

established business for a minimum of two years (inclusive of time spent operating 

the business while holding a Long Term Business Visa); and 

iii the principal applicant informs the nearest branch of INZ of any changes of New 

Zealand address during the period the conditions have been imposed on their resident 

visa. 

Note: The created jobs must be in addition to the self employment of the principal applicant 

and, if applicable, their partner. 

b. Any accompanying partner and dependent children of a principal applicant granted with a 

resident visa will be subject to the condition that the principal applicant complies with the 

conditions of their visa. 

BL9.1.5 Resident visas subject to conditions 

Principal applicants are advised of the conditions their resident visa is subject to in a letter that 

states: 

a. the conditions; and 

b. that failure to comply with the conditions may result in the visa holder becoming liable for 


BL9.1.10 Reminder from Immigration New Zealand to provide evidence of conditions 

being met 

a. Immigration New Zealand will attempt to contact the principal applicant three months 

before the expiry of the conditions period requesting evidence that conditions are being 

met. 

b. The evidence must be provided no later than three months after the expiry of the 

conditions.


BL9.1.15 Meeting conditions 

a. The principal applicant will need to show that they have: 

i been self employed in the business for at least two years (inclusive of time spent 

operating the business while holding a Long Term Business Visa); and 

ii retained the investment and maintained the created three full-time positions for New 

Zealand citizens or residents in the established business for at least two years 

(inclusive of time spent operating the business while holding a Long Term Business 

Visa). 

b. Notwithstanding (a) (ii) above, where the principal applicant fails to retain the investment 

and/or maintain the created three full-time positions in the established business, a 

business immigration specialist may consider, on a case by case basis, whether the failure 

was beyond the control of the principal applicant (eg unforeseen economic conditions) and 

if satisfied that this was the case, may consider the conditions met. 

c. Suitable evidence to prove that the principal applicant has met the conditions (see BL9.1) 

must be produced by a reliable independent agency or professional (for example, a 

solicitor or chartered accountant) and can include, but is not limited to, original or certified 

copies of the following documents: 

• a Certificate of Incorporation 

• financial accounts 

• GST records 

• other tax records 

• employment agreements/contracts 

• IRD Employee schedules 

• payslips 

• job specifications 

• letters of appointment 

• evidence of employees New Zealand citizenship or resident status (for example: 

passport, birth certificate) 

• property purchase or lease documents relating to the business' site 

• invoices for business equipment and supplies 

• other documents, evidence and information a business immigration specialist 

considers may demonstrate reasonable steps taken to maintain the business as a 

going concern (eg employment agreements, bank statements, utility company 

invoices). 

BL9.1.20 Compliance with conditions 

When the principal applicant under this category satisfies a business immigration specialist 

that the conditions imposed on their resident visa under section 49(1) have been complied 

with, those conditions will be cancelled and the business immigration specialist will advise the 

applicant in writing. 

BL9.1.25 Non-compliance with conditions 

If the conditions have not been complied with, the resident visa holder may become liable for 



FAMILY CATEGORIES 


F1 Objective ......................................................................... 17-1 

F2 Partnership Category ......................................................... 18-1 

F3 Parent Retirement Category ................................................ 19-1 

F4 Parent Category ................................................................ 20-1 

F5 Dependent Child Category .................................................. 21-1 

F6 Sibling and Adult Child Category (to 16/05/2012) ................... 21-6 

F7 Inter-country adoption ....................................................... 22-1


F1 OBJECTIVE 

The objectives of the Family Categories are to: 

a. strengthen families and communities, while reinforcing the Government's overall 

objectives in immigration instructions; and 

b. contribute to New Zealand's economic transformation and social development. 



F2 PARTNERSHIP CATEGORY 

F2.1 Objective 

Partnership Category contributes to the overall objective of the Family Categories (see F1) by 

allowing the partners of New Zealand citizens and residence class visa holders to apply for a 

residence class visa in order to live with their partner in New Zealand. 

Note: Partners of New Zealand citizens and residence class visa holders do not have an 

automatic right of residence in New Zealand. 


F2.5 How do partners of New Zealand citizens and residents qualify for a 

residence class visa? 

See previous instructions F2.5 Effective 29/11/2010 

a. To be granted a residence class visa under Partnership Category applicants must provide 

sufficient evidence to satisfy an immigration officer that they have been living together for 

12 months or more in a partnership that is genuine and stable with a New Zealand citizen 

or resident. 

b. For the purpose of these instructions 'partnership' means: 

i a legal marriage; or 

ii a civil union (whether opposite or same sex); or 

iii a de facto relationship (whether opposite or same sex) 

and 'partner' means one of the parties to such a partnership indicated in (i), (ii) and (iii) 

above. 

c. In each case the onus of proving that the partnership on which the application is based is 

genuine and stable lies with the principal applicant and their New Zealand partner. 

d. An application under Partnership Category will be declined if: 

i the application is not supported by an eligible New Zealand citizen or resident partner; 

or 

ii an immigration officer is not satisfied that the partnership on which the application is 

based is genuine and stable; or 

iii the application is based on marriage or a civil union to a New Zealand citizen or 

resident and either that New Zealand citizen or resident, or the principal applicant is 

already married to or in a civil union with another person; or 

iv both the principal applicant and the New Zealand citizen or resident partner cannot 

satisfy an immigration officer they comply with the minimum requirements for 

recognition of partnerships (see F2.15); or 

v the applicant(s) does not meet health and character requirements (see A4 and A5). 

e. Applications for residence under Partnership Category will also be declined if the principal 

applicant was a partner to the eligible New Zealand partner but not declared on the eligible 

New Zealand partner’s application for a residence class visa (if applicable), unless an 

immigration officer is satisfied the non-declaration occurred with: 

i no intention to mislead; and 

ii would not have resulted in a different outcome in the eligible New Zealand partner’s 

application.


If both these clauses are met, an immigration officer should continue to assess the 

application and may approve it if all other requirements are met. 

Note: Notwithstanding (e) above, officers should not decline an application on the basis of 

this provision without first providing the principal applicant an opportunity to explain the 

non-declaration in accordance with R5.15 Explaining discrepancies in family details. 

F2.5.1 Eligibility for a permanent resident visa for partners of New Zealand citizens 

living overseas 

a. A principal applicant may be granted a permanent resident visa (RA1.5) if: 

i they meet all the other criteria for a residence class visa under the Partnership 

Category; and 

ii they have a New Zealand citizen partner who has been residing outside New Zealand 

for a period of at least five years at the time the application is made; and 

iii the couple have been living together in a genuine and stable relationship for at least 

five years at the time the application is made. 

b. To meet the requirements of a(ii) above, the New Zealand citizen partner must either be 

i outside New Zealand at the time the application is made; or 

ii have been in New Zealand for less than three months after residing outside New 

Zealand for at least five years at the time the application is made. 

c. For the purposes of these instructions, residing outside New Zealand means spending less 

than 3 months in New Zealand in each of the five 12 month periods immediately preceding 

either: 

i the date the application is made (if the application was made outside New Zealand); 

or 

ii the date the New Zealand citizen partner arrived in New Zealand (if the application 

was made in New Zealand. 

d. Any secondary applicants included in an application where the principal applicant is eligible 

for a permanent resident visa under these instructions may also be granted a permanent 

resident visa (RA1.5). 

e. Any applicants who do not meet the criteria set out in this section but who meet all other 

requirements of the Partnership Category should be granted a resident visa (RA1.1) 

F2.10 Definitions 

F2.10.1 Definition of 'genuine and stable' partnership 

a. A partnership is genuine and stable if an immigration officer is satisfied that it: 


i is genuine, because it has been entered into with the intention of being maintained on 

a long-term and exclusive basis; and 

ii is stable, because it is likely to endure.


F2.10.2 Definition of the ‘New Zealand partner’ 

For the purposes of the Partnership Category, the New Zealand partner is the New Zealand 

citizen or resident who is supporting an application for a residence class visa made by their 

non-New Zealand citizen or resident partner. 

F2.10.5 Definition of 'New Zealand resident' for the purposes of partnership category 

a. New Zealand resident means a person who: 

i holds, or is deemed to hold, a current New Zealand residence class visa; or 

ii holds a valid Australian passport. 

b. Despite (a) above, the following people are defined as New Zealand residents for the 

purposes of Partnership Category only where an immigration officer is satisfied that New 

Zealand is their primary place of established residence at the time the application under 

Partnership is made and at the time of assessment of the application: 

i holders of valid Australian passports who do not hold a current New Zealand residence 

class visa; 

ii holders of current New Zealand residence class visas that have been granted on the 

basis that the person is the holder of a current Australian permanent residence visa, 

or a current Australian resident return visa. 

c. Where (b) applies, evidence must be provided that the eligible New Zealand partner’s 

primary place of established residence is New Zealand. The evidential requirements are set 

out at F2.20.5. 

F2.10.10 Definition of ‘eligible to support an application for a residence class visa’ for 

the purposes of Partnership Category 

a. To be eligible to support an application for a residence class visa under the Partnership 

Category, the New Zealand partner must: 

i meet the character requirement for partners supporting applications made under the 

Partnership Category as set out at R5.95; and 

ii have not previously supported more than one other successful principal applicant 

under Partnership Category; and 

iii have not supported any other successful principal applicant under Partnership 

Category in the five years immediately preceding the date the current application is 

made; and 

iv not, in the seven years prior to the date the application is made, have been the 

perpetrator of an incident of domestic violence which has resulted in the grant of a 

resident visa to a person under the category for victims of domestic violence (see 

S4.5). 

b. If the New Zealand partner was previously a successful principal applicant under 

Partnership Category then they will be considered to be eligible only if: 

i at least five years have elapsed since the date he or she was granted residence under 

the Partnership Category at the time the current application is made; and 

ii he or she has not supported any other successful principal applicant under the 

Partnership Category.


Note: 

~ Applications under Partnership Category include applications made under the Family 

Category Spouse and De facto partner policy in force before Partnership Category took effect. 

F2.15 Minimum requirements for the recognition of partnerships 

Partnerships will only be recognised for the purposes of these instructions if: 


a. the couple are both aged 18 years or older at the time that the application for a residence 

class visa was lodged; or 

b. (if one or both of the parties to the partnership are aged 16 years or older but are less 

than 18 years of age at the time their application for a residence class visa is lodged), they 

have the support of the parent(s) or guardian(s) of that (those) party(ies); and 

c. the couple have met prior to the date the application under these instructions is made; 

and 

d. the couple are not close relatives. 

Note: For the purposes of these instructions relationships between close relatives are 

considered to be: 

i. relationships specified as "forbidden marriages" under Schedule 2 of the Marriage Act 1955 

set out below and 

ii. relationships specified as "prohibited degrees of civil union" under Schedule 2 of the Civil 

Union Act 2004 as set out below; and 

iii de facto relationships equivalent to the provisions under Schedule 2 of the Marriage Act 

1955 and under Schedule 2 of the Civil Union Act 2004 as set out below 

Forbidden Marriages - Schedule 2 of the Marriage Act 1955 

A man may not marry his: A woman may not marry her: 

Grandmother Sister Grandfather Brother 

Grandfather's 

wife 

Wife's 

grandmother 

Son's daughter Grandmother's 

husband 

Son's son 

Daughter's daughter Husband's grandfather Daughter's son 

Father's sister Son's son's wife Father's brother Son's daughter's 

husband 

Mother's sister Daughter's son's wife Mother's brother Daughter's 

daughter's husband 

Mother Wife's son's daughter Father Husband's son's son 

Stepmother Wife's daughter's 

daughter 

Stepfather Husband's 

daughter's son 

Wife's mother Brother's daughter Husband's father Brother's son 

Daughter Sister's daughter 

Wife's daughter Husband's son 

Son Sister's son 

Son's wife Daughter's husband


Note: 

~ This applies to any relationship whether the relationship is by the whole blood or by the half 

blood. 

~ Unless the context otherwise requires, the term 'wife' means a former wife, whether she is 

alive or deceased, and whether her marriage was terminated by death or divorce or otherwise; 

and the term 'husband' has a corresponding meaning. 

Prohibited Degrees of Civil Union - Schedule 2 of the Civil Union Act 2004 

1. Person A and person B are within the prohibited degrees of civil union if person A is person 

B's 

• Grandparent 

• Parent 

• Child 

• Grandchild 

• Sibling 

• Parent's sibling 

• Sibling's child 

• Grandparent's spouse or civil union partner 

• Parent's spouse or civil union partner 

• Spouse's or civil union partner's parent 

• Spouse's or civil union partner's grandparent 

• Spouse's or civil union partner's child 

• Child's spouse or civil union partner 

• Grandchild's spouse or civil union partner 

• Spouse's or civil union partner's grandchild 

2. The prohibited degrees of civil union apply whether the relationships described are by the 

whole blood or by the half blood. 


F2.20 Evidence 

a. Evidence supporting an application under Partnership Category for a residence class visa 

should include as much information and as many documents as are necessary to show 

that: 

i the principal applicant's partner: 

is a New Zealand citizen or resident (see F2.10.5); and 

supports their application for a residence class visa under the Partnership Category; 

and 

is eligible to support an application under partnership instructions ( see F2.10.10); 

and 

ii the principal applicant and their New Zealand citizen or resident partner are living 

together in a partnership that is genuine and stable. 

b. Factors that have a bearing on whether two people are living together in a partnership 

that is genuine and stable include but are not limited to: 

i the duration of the parties relationship;


ii the existence, nature, and extent of the parties' common residence; 

iii the degree of financial dependence or interdependence, and any arrangements for 

financial support, between the parties; 

iv the common ownership, use, and acquisition of property by the parties; 

v the degree of commitment of the parties to a shared life; 

vi children of the partnership, including the common care and support of such children by 

the parties; 

vii the performance of common household duties by the partners; and 

viii the reputation and public aspects of the relationship. 

c. The items listed in F2.20.1 to F2.20.15 below are examples of relevant evidence; other 

documents may also be relevant. 

F2.20.1 Evidence that partner is New Zealand citizen or resident 

a. Evidence that a partner is a New Zealand citizen may include but is not limited to original 

or certified copies of: 

i New Zealand passport; or 

ii a New Zealand birth certificate issued prior to 1 January 2006; or 

iii a New Zealand birth certificate issued on or after 1 January 2006 that positively 


iv a certificate of New Zealand citizenship; or 

v a confirmation of New Zealand citizenship by descent certificate issued under the 


vi an evidentiary certificate issued under the Citizenship Act 1977 confirming New 

Zealand citizenship. 

b. Evidence that a partner is a New Zealand resident may include but is not limited to original 


i a current resident visa or permanent resident visa; or 

ii evidence that the partner is deemed to hold a resident visa or permanent resident 

visa; or 

iii a valid Australian passport. 

F2.20.5 Evidence that New Zealand is the primary place of established residence 

a. Evidence that New Zealand is the New Zealand partner’s primary place of established 

residence may include but is not limited to original or certified copies of: 

• correspondence addressed to the sponsor 

• employment records 

• records of benefit payments from the Ministry of Social Development 

• banking records 

• rates demands 

• Inland Revenue records 

• mortgage documents 

• tenancy and utility supply agreements


• documents showing that the New Zealand partner’s household effects have been 

moved to New Zealand. 

b. The presence or absence of any of the documents listed above is not determinative. Each 

case will be decided on the basis of all the evidence provided. 

F2.20.10 Evidence of support by New Zealand citizen or resident partner 

A principal applicant must provide a Partnership Support Form for Residence (INZ 1178) 

which: 

a. confirms that the New Zealand partner is a New Zealand citizen or resident; and 

b. confirms support for the application; and 

• includes a declaration that the New Zealand partner: 

• is eligible to support a partnership application (see F2.10.10); and 

• is in a partnership with the principal applicant that meets the minimum requirements 

for recognition of partnerships (see F2.15). 

F2.20.15 Evidence of living together in partnership that is genuine and stable 

a. Evidence that the principal applicant and partner are living together may include but is not 

limited to original or certified copies of documents showing shared accommodation such 

as: 

i joint ownership of residential property 

ii joint tenancy agreement or rent book or rental receipts 

iii correspondence (including postmarked envelopes) addressed to both principal 

applicant and partner at the same address. 

b. If a couple has been living separately for any period during their partnership, they should 

provide evidence of the length of the periods of separation, the reasons for them, and how 

their relationship was maintained during the periods of separation, such as letters, 

itemised telephone accounts or e-mail messages. 

c. Evidence about whether the partnership is genuine and stable may include but is not 

limited to, original or certified copies of documents and any other information such as: 

i a marriage certificate for the parties; 

ii a civil union certificate for the parties; 

iii birth certificates of any children of the parties; 

iv evidence of communication between the parties; 

v photographs of the parties together; 

vi documents indicating public recognition of the partnership; 

vii evidence of the parties being committed to each other both emotionally and 

exclusively such as evidence of: 

joint decision making and plans together 

sharing of parental obligations 

sharing of household activities 

sharing of companionship/spare time 

sharing of leisure and social activities 

presentation by the parties to outsiders as a couple. 

viii evidence of being financially interdependent such as evidence of


shared income 

joint bank accounts operated reasonably frequently over a reasonable time 

joint assets 

joint liabilities such as loans or credit to purchase real estate, cars, major home 

appliances 

joint utilities accounts (electricity, gas, water, telephone) 

mutually agreed financial arrangements. 

d. The presence or absence of any of the documents, information or evidence listed above is 

not determinative. Each case will be decided on the basis of all the evidence provided. 

Evidence about these matters may also be obtained at interview and can be considered up 

until the date of final decision. 

F2.25 Verification 

F2.25.1 Interviews 


a. Immigration officers will usually conduct an interview with both the principal applicant and 

their partner to determine whether the couple is living together in a partnership that is 

genuine and stable. 

b. Interviews may be waived if an immigration officer is satisfied without an interview that 

the couple is living together in a partnership that is genuine and stable. 

c. Immigration officers may also make home visits and conduct interviews with any other 

person relevant to the application. Additional interviews may also be conducted during 

and/or at the end of any deferral period (see F2.35) to determine whether the couple is 

still living together in a partnership that is genuine and stable. 

d. Home visits may only be made between the hours of 7.00 am and 9.00 pm so long as the 

time of the visit is reasonable in the circumstances. 

F2.25.5 Family details 

Immigration officers may refer to former applications lodged by applicants, family members of 

applicants, or partners in order to verify declarations made by applicants about their family 

details (such as the number of family members, the whereabouts of family members, or an 

applicant's or partner's marital status). 


F2.30 Determining if the couple is living together in a partnership that is 

genuine and stable 

a. When determining if the couple is living together in a partnership that is genuine and 

stable the immigration officer will take into account those factors set out at F2.20(b) and 

must consider, and be satisfied, there is sufficient proof, (from documents, other 

corroborating evidence, or interviews) of all four of the following elements: 

i 'Credibility': the principal applicant and the partner both separately and together, must 

be credible in any statements made and evidence presented by them. 

ii 'Living together': the principal applicant and partner must be living together unless 

there are genuine and compelling reasons for any period(s) of separation (see 

F2.30.1). 

iii 'Genuine partnership': the principal applicant and partner must both be found to be 

genuine as to their:


reasons for marrying, entering a civil union or entering into a de facto relationship; 

and 

intentions to maintain a long term partnership exclusive of others. 

iv 'Stable partnership': the principal applicant and partner must demonstrate that their 

partnership is likely to endure. 

b. A residence class visa must not be granted unless the immigration officer is satisfied, 

having considered each of the four elements in (a) above (both independently and 

together) that the couple is living together in a partnership that is genuine and stable. 

Note: The onus of satisfying an immigration officer that the partnership is genuine and stable 

lies with the principal applicant and their partner (see F2.5(c)). 

F2.30.1 Assessment of periods of separation 

a. If a principal applicant and their partner have lived apart for periods during their 

partnership, the application should not automatically be declined. Instead, immigration 

officers should determine whether there are genuine and compelling reasons for any 

period(s) of separation. 

b. Determining whether there are genuine and compelling reasons will depend on the 

circumstances in each case, and may require consideration of: 

• either partner's family, education or employment commitments; 

• the duration of the partnership and the length of time the couple has spent apart; 

• the extent to which the couple has made efforts to be together during the time apart. 


F2.35 Deferring the final decision if the partnership is genuine and stable but 

less than 12 months duration 

a. An application can only be deferred if the applicant has been assessed as living together in 

a genuine and stable partnership with their New Zealand citizen or resident partner but the 

12 month qualifying period has not been met. 

b. If, after assessing an application, an immigration officer is satisfied the couple are living 

together in a partnership that is genuine and stable, but the duration of that partnership is 

less than the 12 months required, (see F2.5(a)) they may defer the final decision to 

enable the qualifying period to be met. 

c. If the principal applicant wishes to be in New Zealand with their partner during the deferral 

period, they may be granted a work visa (once an application has been made) for a period 

sufficient to enable the qualifying period to be met and any further assessment of their 

residence class visa application to be completed. 

F2.40 General rules 

F2.40.1 English language requirements 


a. If a principal applicant was eligible to be included as a partner of a principal applicant in an 

earlier successful application under the General Skills Category, Skilled Migrant Category, 

Business Immigration Instructions or previous Business Investor Category, but was not at 

that time included in the application, they will have to meet the criteria of the English 

language instructions applicable at the time the application under Partnership Category is 

made.


b. Such an applicant will be subject to the applicable English language instructions as if they 

were a non-principal applicant under the Skilled Migrant Category or Business Immigration 

Instructions. 

c. A principal applicant who would have been eligible for inclusion in an earlier General Skills 

Category or Skilled Migrant Category application will be subject to the English language of 

the Skilled Migrant Category applicable at the time the application under Partnership 

Category is made. 

d. A principal applicant who would have been eligible for inclusion in an earlier Business 

Investor category or Business Immigration Instructions application will be subject to the 

English language requirements of Business Immigration Instructions applicable at the time 

the application under Partnership Category is made. 

F2.40.5 Application under Partnership Category of person eligible for inclusion in an 

earlier Family Quota, Refugee Family Support Category, Samoan Quota Scheme or 

Pacific Access Category registration 

If the principal applicant in an application under Partnership Category was eligible for inclusion 

in a successful registration under the Family Quota, the Refugee Family Support Category, 

Samoan Quota Scheme or the Pacific Access Category, but was not included, they must not 

subsequently be granted residence under Partnership Category. 

F2.40.10 Resident visas with conditions imposed under section 49(1) 

If a New Zealand partner holds a resident visa subject to conditions (excluding travel 

conditions) imposed under section 49(1) of the Immigration Act 2009, then the principal 

applicant's resident visa will be subject to the condition that the New Zealand resident partner 

complies with those conditions (see R5.65.1). 



F3 PARENT RETIREMENT CATEGORY 

F3.1 Objective 

The objective of the Parent Retirement Category is to provide a residence class visa to those 

with family links to New Zealand who wish to make a significant contribution to New Zealand's 

economy. 

F3.5 Parent Retirement Category requirements 


a. For an application to be approved under the Parent Retirement Category the principal 

applicant must: 

i nominate funds and/or assets equivalent in value to at least NZ$1 million and 

undertake to invest them in New Zealand for a period of four years; and 

ii demonstrate ownership of these funds and/or assets and that they have been legally 

earned or acquired; and 

iii transfer and place the funds in an acceptable investment in accordance with the 

instructions at F3.10.25; and 

iv nominate NZ$0.5 million of settlement funds and demonstrate ownership of these 

funds and/or assets; and 

v demonstrate an annual income of at least NZ$60,000; and 

vi meet the Family requirements as set out at F3.20. 

b. The principal applicant and any secondary applicant included in the application must meet 

health and character requirements (see A4 and A5). 

F3.10 Investment funds 


F3.10 Effective 07/11/2011 

F3.10 Effective 25/07/2011 

F3.10 Effective 29/11/2010 


a. The principal applicant must invest a minimum of NZ$1 million in New Zealand for a period 

of four years. 

b. The principal applicant must: 

i nominate funds and/or assets equivalent in value to NZ$1 million; and 

ii demonstrate ownership of these funds and/or assets. 

c. All invested funds must meet the conditions of an acceptable investment as set out under 

F3.10.25. 

F3.10.1 Ownership of nominated funds and/or assets 



ii jointly by the principal applicant and partner who are included in the resident visa 

application, provided a business immigration specialist is satisfied the principal 

applicant and partner have been living together for 12 months or more in a 

partnership that is genuine and stable (see R2.1.15 and R2.1.15.1(b) and


R2.1.15.5(a)(i)). If so, the principal applicant may claim the full value of such jointly 

owned funds or assets for assessment purposes. 


other than their partner, the principal applicant may only claim the value of that portion of 

funds and/or assets for which they provide evidence of ownership. 


acquired legally, including funds and/or assets which have been gifted (with the exception 

of New Zealand based-funds or assets) to them unconditionally and in accordance with 

local law. Where nominated funds and/or assets have been gifted to the principal applicant 

a business immigration specialist must be satisfied that the funds and/or assets being 

gifted were earned legally by the person(s) gifting the funds and/or assets. 



Note: New Zealand-based funds or assets cannot be gifted under these instructions. 

F3.10.5 Definition of 'funds earned or acquired legally' 







F3.10.10 Definition of 'unencumbered funds' 



F3.10.15 Funds already held in New Zealand 


investment funds. However, periods of investment in New Zealand before Approval in 

Principle cannot be taken into account when calculating the four-year investment period. 




earned or acquired legally in New Zealand. 

F3.10.20 Evidence of the principal applicant's nominated funds and assets 



b. All documents provided as valuations of assets must be: 



c. A business immigration specialist may seek further evidence if they:


i are not satisfied with the valuation provided; or 

ii consider that the nominated funds and/or assets fail in some other way to meet the 


F3.10.25 Definition of 'acceptable investment' 



ii is not for the personal use of the applicant(s) (see F3.10.30); and 


iv is invested in lawful enterprises or managed funds that comply with all relevant laws in 

force in New Zealand (see F3.10.35); and 








or 

equity in New Zealand firms (public or private including managed funds) (see 

F3.10.35); or 



residential property development(s) (see F3.10.40); or 

bonds in finance companies (see F3.10.25 (c)). 

Note: For the purposes of these instructions, convertible notes are considered to be an 

equity investment. 










iii has all its debt securities unconditionally guaranteed by a New Zealand Stock 

Exchange listed company or a local authority. 



investment. 

F3.10.30 Personal use of investment funds 

Personal use includes investment in assets such as a personal residence, car, boat or similar.


F3.10.35 Managed funds 

a. For the purposes of these instructions, managed funds are defined as either: 



or broker. 






international equities would be deemed to be an acceptable investment as set out in 

F3.15.25. 

F3.10.40 Residential property development 






and 









F3.15 Settlement funds and annual income 


F3.15.1 Aim and intent 


Principal applicants under the Parent Retirement Category must demonstrate that they have 

the ability to support themselves and their partner included in the resident visa application 

during the four year investment period in New Zealand. 

F3.15.5 Requirement for settlement funds and annual income 

In addition to their nominated investment funds, principal applicants must demonstrate: 

a. ownership of a minimum of NZ$0.5 million; and


b. an annual income of at least NZ$60,000 at the time of application. 

F3.15.10 Ownership of settlement funds 

a. Funds may be owned either: 


ii jointly by the principal applicant and their partner who are included in the resident visa 

application. 

b. The principal applicant may claim the full value of jointly owned funds or assets for 

assessment purposes provided a business immigration specialist is satisfied the principal 

applicant and partner have been living together for 12 months or more in a genuine and 

stable partnership (see R2.1.15, R2.1.15.1 (b) and R2.1.15.5 (a) (i)). 

c. If funds or assets are held jointly by the principal applicant and a person other than their 

partner, the principal applicant may only claim the value of that portion of the funds or 

assets for which they provide evidence of ownership. 

F3.15.15 Evidence of settlement funds 

Evidence of settlement funds may include, but is not limited to: 

• funds held in a New Zealand bank account(s) 

• funds held in an offshore bank account(s), together with evidence that the funds can be 

accessed from New Zealand 

• acceptable evidence of net assets (either in New Zealand or offshore). 

F3.15.20 Annual income 

Annual income may be: 

a. earned solely by the principal applicant; or 

b. a combined income of the principal applicant and partner (see R2.1.10) who is included in 

the resident visa application. 

F3.15.25 Evidence of annual income 

Evidence of annual income may include, but is not limited to: 

• pensions 

• earnings from rental properties 

• dividends from share portfolios 

• interest from investments 

• profits from company ownership 

• share market trading. 

F3.20 Family requirements 


The principal applicant must: 



a. be the parent of an adult child who is in New Zealand and is a New Zealand citizen or the 

holder (or deemed to be the holder) of a residence class visa that is not subject to 

conditions under section 49 of the Immigration Act 2009; and 

b. have no dependent children. 

F3.20.1 Evidence of relationship of parent(s) to children 

a. Evidence of a parent's relationship to their children is original or certified copies of: 

i birth certificates establishing the relationship of the children to the parent(s); or 

ii household registration documents, if these establish the relationship of the children to 

the parent(s); or 

iii evidence of adoption (see R3), which establishes the relationship of the children to the 

parents. 

b. Other evidence establishing the relationship of the children to the parents may also be 

provided. 

F3.20.5 Evidence of immigration status of adult child 

a. Evidence that the principal applicant's adult child is a New Zealand citizen may include but 

is not limited to original or certified copies of: 

• a valid New Zealand passport 

• a Certificate of New Zealand Citizenship 

• a recent official statement of citizenship from the Department of Internal Affairs 

• a New Zealand birth certificate 

• an endorsement in a foreign passport indicating the fact of New Zealand citizenship. 

b. Evidence that the adult child is a New Zealand residence class visa holder (or is deemed to 

hold a residence class visa) may include but is not limited to original or certified copies of: 

• a New Zealand resident visa or permanent resident visa in their passport or travel 

document 

• a New Zealand residence permit or returning resident's visa granted under the 

Immigration Act 1987 in their passport or travel document 

• a valid Australian passport. 


F3.25 Approval in principle and transfer of funds 


F3.25 Effective 25/07/2011 

F3.25 Effective 29/11/2010 

F3.25.1 Aim and intent 

The instructions regarding the nominated investment funds and/or assets and the method of 

transfer of those funds to New Zealand is designed to ensure: 

a. the legitimacy and lawful ownership of the nominated funds and/or assets; and 

b. the direct transfer of the investment funds through a structured and prescribed process to 

guarantee on-going legitimacy and lawful ownership of the funds invested in New Zealand.


F3.25.5 Approval in principle 

Principal applicants who are assessed as meeting the requirements under the Parent 

Retirement Category will be advised that: 


b. resident visas may be granted once they: 

• provide acceptable evidence of having transferred and invested the nominated funds 

in accordance with the relevant requirements set out in instructions; and 

• provide a New Zealand address at which they can be contacted by mail, after they 

arrive in New Zealand; and 

• pay any applicable migrant levy; and 

c. resident visas will be granted subject to conditions under section 49(1) of the Immigration 

Act 2009. 

F3.25.10 Transfer of the nominated investment funds 

a. When their application is approved in principle, the principal applicant will be required to 

transfer the nominated investment funds to New Zealand. These funds must: 

i be the funds initially nominated, or the funds that result from the sale of the same 

assets as those initially nominated, in the resident visa application; or 

ii be funds, as agreed to by a business immigration specialist, secured against the 

nominated assets in the resident visa application and as approved in accordance with 

(b) below; and 

iii be transferred through the banking system directly from the principal applicant's bank 


iv be transferred by a foreign exchange company to New Zealand through the banking 

system. Business immigration specialists may not accept the transferred funds if the 

applicant cannot provide satisfactory evidence of the following: 

the nominated investment funds have been transferred to the foreign exchange 

company directly from the principal applicant’s bank account(s): and 

the nominated investment funds have not been transferred through the foreign 

exchange company contrary to the criminal law of New Zealand; and 

nominated investment funds transferred are traceable; and 


the foreign exchange company is not suspected of, or proven to have committed 

fraudulent activity or financial impropriety in any country it operates from or in. 

b. A business immigration specialist may consider, on a case by case basis, borrowed funds 

as acceptable investment funds where the principal applicant is able to demonstrate that: 

i they own net assets equal or greater in value to the required investment amount; and 

ii the borrowed investment funds will be from a bank or commercial lending institution 

acceptable to a business immigration specialist and will be secured against the assets 

identified under (i); and 

iii it is not economically viable or practical to liquidate the nominated assets eg sell a 

business. 

c. The investment funds that are transferred to New Zealand and subsequently into an 

acceptable investment must be from the same source of funds as nominated in the 

resident visa application.


Note: Nominated funds held in a country other than the country in which they were earned 

or acquired legally must have been originally transferred through the banking system, or a 

foreign exchange company that uses the banking system from that country. 

F3.25.15 Evidence of the transfer of the nominated funds to New Zealand 




b. A business immigration specialist may request any other information to satisfy them that 

the above requirements have been met. 

F3.25.20 Time frame for investing funds in New Zealand 

a. Principal applicants must meet the requirements for transferring and investing the 

nominated funds within 12 months of the date of the letter advising of approval in 

principle. 

b. Applications for residence must be declined if principal applicants do not present 

acceptable evidence of having transferred and invested the nominated funds within 12 

months from the date of approval in principle. 

F3.25.25 When the investment period begins 

a. If the investment already meets the investment requirements, the required investment 

period begins on the date of the letter advising approval in principle. 

b. If the investment is made after approval in principle, the required investment period will 

begin on the date the investment requirements are met. 

c. The date the investment period begins is specified in the letter to the successful principal 

applicant that advises of the conditions on their resident visa (see F3.30.10). 

F3.25.30 Evidence of the principal applicant's investment 

a. Principal applicants must submit the following information and documentation as evidence 

of having invested funds: 


ii the amount invested in New Zealand dollars; and 

iii the date the investment was made; and 

iv the type of investment (in the case of shares or bonds in companies, the names of the 

companies invested in and the number of shares or bonds purchased must be listed); 

and 

v documentary evidence of the investment; and 

vi a letter from a reliable independent professional (for example, a solicitor or chartered 

accountant), confirming that the funds have been invested. 

b. A business immigration specialist, at their discretion, may require any other form of 

evidence.


F3.25.35 Temporary visa to arrange transfer and/or investment of funds 

a. After approval in principle, and upon application, a work visa may be granted to allow the 

principal applicant to arrange the transfer to, and investment of funds in, New Zealand. 

b. The work visa will be valid for multiple entries to New Zealand for 12 months after 

Approval in Principle has been given. 

c. A work visa may be granted for the same period on application to the principal applicant's 

partner (see WS2(e)). 

F3.30 Resident visas 

F3.30.1 Grant of resident visas 

a. Residence visas may only be granted once principal applicants have: 

i met the transfer requirements set out at F3.25.10; and 

ii placed the funds into an acceptable investment; and 

iii paid any applicable migrant levy (see R5.90). 


b. Residence visas will be granted subject to the conditions imposed under section 49(1) of 

the Immigration Act 2009 in accordance with the instructions set out at F3.30.10. 

F3.30.10 Resident visas subject to conditions under section 49(1) of the Immigration 

Act 


Under the Parent Retirement Category, a resident visa granted to a principal or secondary 

applicant is subject to the following conditions imposed under section 49(1) of the Immigration 

Act 2009: 

a. that the principal applicant retains an acceptable investment in New Zealand for a 

minimum of four years under the Parent Retirement Category; and 

b. that the principal applicant informs the nearest branch of INZ of any changes of New 

Zealand address during the investment period; and 

c. at the two-year anniversary of the investment period, the principal applicant submits 

evidence that they are retaining an acceptable investment in New Zealand; and 

d. that within 3 months after the expiry date of the investment period, the principal applicant 

submits evidence to INZ that they have met requirement (a). 

F3.30.15 Investment transfers during the investment period 

Investment funds may be transferred from one investment to another during the investment 

period, provided: 

a. the funds remain invested in New Zealand in New Zealand currency at all times during the 

investment period; and


b. the investment of the funds continues, during the investment period, to meet all other 

requirements for investments. 

F3.35 Section 49(1) conditions 


F3.35.1 Reminder from Immigration New Zealand to provide evidence of section 

49(1) conditions being met 

a. Immigration New Zealand will attempt to contact the principal applicant: 

i three months before the two-year anniversary; and 

ii three months before the expiry of the required investment period requesting evidence 

that section 49(1) conditions are being met. 

b. The evidence must be provided no later than three months after the two-year anniversary 

and the expiry of the required investment period. 

F3.35.5 End of investment period 

Conditions imposed under section 49(1) of the Immigration Act 2009 may be lifted if the 

principal applicant provides evidence of compliance within three months after the expiry date 

of the investment period. 

F3.35.10 Retention of acceptable investment 

a. The principal applicant will need to show that they have retained an acceptable investment 

in New Zealand for the required investment period. 

b. Suitable evidence will include documentation from a reliable independent professional (for 

example, a solicitor or chartered accountant) stating: 


ii the amount invested; and 

iii the date the investment was lodged; and 

iv the type of investment (in the case of shares or bonds, the names of the companies 

invested in and the number of shares or bonds purchased must be listed); and 

v confirmation that the funds were invested in New Zealand for the full investment 

period or, if transferred, the date of lodgement and withdrawal of the investment. 

c. If the principal applicant has established or purchased a shareholding or bonds in more 

than one business this information should be provided for each of the businesses. 

d. If the principal applicant has transferred funds between several organisations during the 

investment period, they should provide letters from every organisation they have invested 

with. Lodgement and withdrawal dates will be checked to ensure that funds have been 

held continuously in New Zealand for the required investment period. 

e. A business immigration specialist may request any other information in order to be 

satisfied that the above requirements have been met. 

f. Evidence that the requirements have been met includes:


i submission of the evidence required by paragraphs (b) to (e) no later than three 

months after the two-year anniversary and the expiry date of the required investment 

period; and 

ii subsequent written confirmation on file (by a business immigration specialist) that the 

investment requirements have been met. 

F3.35.15 Non compliance with section 49(1) conditions 


If section 49(1) conditions have not been complied with at the two-year anniversary check and 

at the end of the required investment period, the resident visa holder may become liable for 


F3.35.20 Compliance with section 49(1) conditions 

a. When the principal applicant has satisfied an immigration officer that they have met the 

section 49(1) conditions at the two-year anniversary of the investment period and they 

will be eligible for a variation of travel conditions to allow travel for a further 24 months 

(RV3.15). 

b. When the principal applicant has satisfied a visa or immigration officer that the conditions 

imposed on their resident visa under section 49(1) have been complied with, those 

conditions will no longer apply and the officer will advise the applicant in writing. 



F4 PARENT CATEGORY 

F4.1 Summary of requirements 

F4.1.1 Objective 

The objective of the Parent Category is to support family connections, in order to: 

a. progress New Zealand Government economic objectives for immigration; and 

b. attract and retain skilled and productive migrants, while also limiting the costs of New 

Zealand Government benefits. 

F4.1.5 Ability to apply 

A person may only apply for a resident visa under the Parent Category (see F4.10) if: 

a. they have been issued an invitation to apply under the Parent Category; and 

b. they apply for a resident visa under the Parent Category within four months of the date of 

the letter inviting them to apply; and 

c. that invitation has not been revoked. 

F4.1.10 Health, character and English language requirements 

Applicants under the Parent Category must meet: 

a. the health and character requirements specified at A4 and A5; and 

b. a minimum standard of English, or pre-purchase English for Speakers of Other Languages 

tuition to the specified level (see F4.15). 

F4.1.15 Family relationships 

a. In each case, the parent(s) must: 

i be sponsored by the adult child referred to in F4.1.15(c) below, who is an acceptable 

sponsor as set out at R4.5. 

ii demonstrate they meet the family relationship requirements at F4.20. 

b. An applicant under Parent Category must have no dependent children (see F4.20.5). 

c. The applicant’s sponsor must have been a New Zealand citizen and/or New Zealand 

resident for at least three years immediately preceding the date the application they wish 

to sponsor is made (see F4.25); and 

d. The applicant’s sponsor must meet the undertakings set out at R4.10 for the first 5 years 

of the applicant’s stay in New Zealand as a resident. 

Note: Parents sponsored by children who INZ determines to be dependent will not meet the 

requirements to be granted residence. 

F4.1.20 Two tiered system 

Applicants under the Parent Category must either:


a. meet one of the requirements for tier one at F4.30 that they: 

i have a sponsor (and, if applicable, that sponsor’s partner) who meets a minimum 

annual income level for tier one (see F4.30.1); or 

ii have a sufficient guaranteed lifetime minimum income (see F4.30.5); or 

iii bring sufficient settlement funds to New Zealand (see F4.30.10); or 

b. meet the requirements for tier two at F4.35 that: 

i they have a sponsor (and, if applicable, that sponsor’s partner) who meets a minimum 

income for tier two (see F4.35.1); and 

ii the applicants’ other adult children (if any) live lawfully and permanently outside the 

country in which the applicant lives lawfully and permanently (see F4.35.5). 

F4.1.25 Evidential requirements 

All applicants under the Parent Category must meet the evidential requirements set out at 

F4.40. 


See previous instructions F4.5 30/07/2012 

F4.5.1 Definition of 'lawfully and permanently' 

People are lawfully and permanently in a country if they either: 

a. are: 


i citizens or persons who have the right of or permission to take up indefinite residence 

in that country, and 

ii actually reside in that country; or 

b. live in a refugee camp in that country with little chance of repatriation. 

Note: For the purpose of determining whether an applicant meets the requirements of the 

Parent Category, if a person does not have the right of, or permission to take up, indefinite 

residence in the country in which they actually reside, they are deemed to be lawfully and 

permanently in the country in which they: 

~ predominantly lived in the last 10 years; and 

~ are entitled to reside lawfully and permanently. 

F4.5.5 Definition of 'dependent child' 

For the purpose of the Parent Category, and despite the definition in section 4 of the 

Immigration Act 2009, a child is dependent if they: 

a. are: 



iii totally or substantially reliant on their parent(s) for financial support, whether living 

with them or not; or


b. are: 

c. are: 


ii single (see F5.10.15); or 

i aged 17 or younger; and 


iii totally or substantially reliant on their parent(s) for financial support, whether living 

with them or not. 

d. When determining whether a child of 21 to 24 years of age is totally or substantially 

reliant on their parent(s) for financial support, immigration officers must consider the 

whole application, taking into account all relevant factors including whether the child: 

• is in paid employment, whether this is full-time or part-time, and its duration; 

• has any other independent means of financial support; 

• is living with their parents or another family member, and the extent to which other 

support is provided; or 

• is studying, and whether this is full-time or part-time. 

F4.5.10 Definition of 'adult child' 

For the purpose of the Parent Category, 'adult child' means a child of 18 or older, unless they 

are dependent (see F4.5.5). 

F4.5.15 Definition of 'adult child’ for sponsorship purposes 

a. For sponsorship purposes, 'adult child' means a child of 18 or older. 

b. However, children aged 18 to 24 must only be considered as 'adult children’ for 

sponsorship purposes if they can satisfy an immigration officer that they, like other 

sponsors, are able to meet sponsorship undertakings (see R4.10) and, if applicable, the 

minimum income requirement (see F4.30.1 and F4.35.1). 

Note: Parents sponsored by adult children who are also dependent children will not meet the 

requirements at F4.20.5. 

F4.5.20 Definition of ‘guaranteed lifetime minimum income’ 

For the purposes of the Parent Category, a ‘guaranteed lifetime minimum income’ is an annual 

income that is paid to a person indefinitely to at least the level required to be granted 

residence under tier one of the Parent Category (see F4.30.5). Income can only be considered 

‘indefinite’ if it will continue to be paid to a person indefinitely once they become a New 

Zealand resident and citizen. 

F4.5.25 Definition of 'funds earned or acquired legally' 



b. Immigration officers have discretion to decline an application if they are satisfied that, had 

the funds and/or assets been earned or acquired in the same manner in New Zealand, 

they would have been earned or acquired contrary to the criminal law of New Zealand.


F4.5.30 Definition of 'unencumbered funds' 



F4.5.35 Definition of ‘New Zealand Government benefit’ 

For the purposes of the Parent Category, a ‘New Zealand Government benefit’ is welfare 

assistance which was applied for and granted under the Social Security Act 1964. 


F4.10 Expressions of interest and applications under the Parent Category 

F4.10.1 Expressing interest in being invited to apply for residence under the Parent 

Category 

a. A person notifies that they are interested in being invited to apply for a resident visa under 

the Parent Category by submitting an Expression of Interest (EOI) to Immigration New 

Zealand (INZ) in the prescribed manner. In order to submit an EOI in the prescribed 

manner, a person must submit to an immigration officer: 

i a completed prescribed Parent Category EOI form; and 


b. By completing an EOI, a person provides a declaration about their and any potential 

secondary applicant’s: 

i identity, health and character; and 

ii English language ability or an intention to agree to pre-purchase English for Speakers 

of Other Languages (ESOL) tuition (see F4.15); and 

iii relationship to their sponsoring adult child and any other children the applicants have 

(see F4.20); and 

iv adult child’s eligibility to sponsor them for New Zealand residence under the Parent 

Category (see F4.25); and 

v guaranteed lifetime minimum income, settlement funds, or the income of their 

sponsor, or of their sponsor and their sponsor’s partner (see F4.30 and F4.35). 

c. It is the responsibility of the person submitting the EOI to ensure that the information 

given is correct in all material respects. 

Note: For the purposes of F4.10.1(b)(v), people submitting EOIs under tier two will only be 

required to declare their sponsor and/or their sponsor’s partner’s income. 

F4.10.5 Implications of providing false or misleading information 

See Immigration Act 2009, ss 93 and 158 

a. The Immigration Act 2009 provides that there is sufficient grounds to decline an 

application for a resident visa and for the holder of a resident visa granted under the 

Parent Category to become liable for deportation in cases of: 

i the provision of false or misleading information as part of an EOI or associated 

submission; or 

ii the withholding of relevant potentially prejudicial information from an EOI or 

associated submission; or



that occurs after an EOI is submitted that may affect a decision to invite the person to 

apply for a resident visa or to grant a resident visa. 


to the issuing of an invitation to apply or the assessment of a resident visa application will 

be considered misleading unless the principal applicant can demonstrate that there is a 

reasonable basis for making that claim. 

F4.10.10 Submission of Expressions of Interest to the Pool 

a. EOIs submitted in the prescribed manner may be entered into a pool of Expressions of 

Interest (the Pool). 

b. A person may only have one EOI in the Pool at any time (regardless of the tier of the EOI). 

c. Each EOI will be entered into the Pool in either tier one or tier two as indicated in the EOI 

form. 

d. Despite (c) above, if permission is given by the person expressing interest, an EOI may be 

entered into the alternative tier of the Pool (see F4.10.10(e) and (f)). 

e. If a person with an EOI in the Pool under tier two updates their information and becomes 

eligible to be entered into the Pool under tier one, their EOI will be entered into the Pool 

under tier one based on the original date the EOI was previously entered under tier two. 

f. If a person with an EOI in the Pool under tier one updates their information and is no 

longer eligible under tier one, but is eligible under tier two, their EOI will be entered into 

the Pool under tier two based on the original date the EOI was previously entered under 

tier one. 

g. Where a person with an EOI already entered into the Pool updates their information and 

no longer meets the requirements of the Parent Category under either tier, their EOI will 

be withdrawn from the Pool and lapsed. 

F4.10.15 Selection of Expressions of Interest 

a. EOIs will be selected from the pool in the following order: 

i Tier one EOIs will be selected first and in order based on the date the EOIs were 

entered into the Pool; and 

ii Residence applications lodged under the Parent and Sibling and Adult Child categories 

before 16 May 2012 will be selected second, in date order; and 

iii Tier two EOIs will be selected third and in order based on the date the EOIs were 

entered into the Pool, only if there are no tier one EOIs and no applications that were 

lodged before 16 May 2012. 

b. The ranking of EOIs will change as EOIs enter, or are selected from, the Pool or any given 

tier of the Pool. 

c. EOIs will be selected in sufficient numbers to meet the requirements of the Capped Family 

Sponsored stream of the New Zealand Residence Programme (NZRP) at the time of 

selection (subject to any adjustment to the number or distribution of places in the NZRP 

determined by the Government) (see R6). 

d. EOIs are selected from the Pool periodically on the Government's behalf by the Ministry of 

Business, Innovation and Employment.


F4.10.20 Invitation to apply for a resident visa under the Parent Category 

a. People whose EOIs have been selected from the Pool may be issued an invitation to apply 

for a resident visa under the Parent Category. 

b. An immigration officer may decline an EOI if they are not satisfied claims made within the 

EOI are: 

i credible, or 

ii sufficient to meet the requirements of the Parent Category. 

c. An immigration officer may, but is not required to, seek further evidence, information and 

submissions from a person whose EOI has been selected from the Pool, for the purpose of 

determining whether their claims are credible and whether there are any health or 

character issues that may adversely affect their ability to be granted a resident visa under 

the Parent Category. 

d. If an immigration officer is not satisfied the claims made in an EOI selected from the Pool 

under tier one would be sufficient to meet the requirements of the Parent Category under 

tier one, but believes the EOI would meet the requirements under tier two, the EOI will be 

re-entered into the Pool under tier two. Despite F4.10.10(d), an immigration officer is not 

required to gain permission from the person expressing interest in order to do this. The 

EOI’s place in the Pool will be based on the date the EOI was first entered into the Pool 

under tier one. 

e. In any particular case, the selection of an EOI from the Pool may not result in an invitation 

to apply for a resident visa under the Parent Category. 

Note: A decision to invite a person to apply for a resident visa under the Parent Category 

does not guarantee in any subsequent application for a resident visa a positive assessment 

of any requirements for the Parent Category or generic residence (including health, and 

character). 

For the purposes of F4.10.20(d), re-entry into the Pool does not guarantee a person will be 

invited to apply once their EOI is selected from the Pool under tier two. 

F4.10.25 Assessing Parent Category applications 

a. A person who is sent an invitation to apply for residence under tier one of the Parent 

Category may only apply for residence using tier one requirements (see F4.35). 

b. A person who is sent an invitation to apply for residence under tier two of the Parent 

Category may make a Parent Category application using the requirements for either tier 

one or tier two (see F4.35 and F4.40). 

c. Applications received under tier one of the Parent Category: 

i will be assessed against the requirements for tier one at F4.35 and the generic 

requirements for the Parent Category (sections F4.15 to F4.25); and 

ii despite R5.20(c), cannot be assessed against the requirements for tier two at F4.40. 

d. d. Applications received under tier two of the Parent Category: 

i will be assessed against the requirements for tier two at F4.40 and the generic 

requirements for the Parent Category (sections F4.15 to F4.25); and 

ii may be assessed against tier one requirements at F4.35 in accordance with R5.20(c).


e. Applications received under the Parent Category before 16 May 2012 will be processed 

using the requirements in force at the time they were accepted for processing. 

f. Applications made under the Parent Category will be assessed against the residence 

instructions that applied at the time the EOI selection that directly lead to the application 

was made. 


F4.13 Transitional provisions for Parent Category applications accepted for 

processing before 16 May 2012 


a. An applicant with a Parent Category application that was accepted for processing by 

Immigration New Zealand (INZ) before 16 May 2012 but has not been decided may submit 

a Parent Category expression of interest (EOI) (see F4.10). 

b. If the applicant is invited to apply for residence, they may lodge a new Parent Category 

application, provided they meet the requirements set out at F4.1.5. 

Note: The applicant under F4.13.1 must submit an EOI in the prescribed manner, including 

paying the appropriate EOI fee (see F4.10.1) 

F4.13.1 Application fee waivers 

a. The application fee will be waived for applications under tier one lodged by people who 

have an existing Parent Category that was accepted for processing before 16 May 2012 

(as per F4.13 above). 

b. The application fee will not be waived for applications under tier two lodged by people who 

have an existing Parent Category that was accepted for processing before 16 May 2012 

(as per F4.13 above). 

c. Where an applicant has a Parent Category application accepted for processing by INZ and 

their application fee waived, the Parent Category residence application that was accepted 

for processing before 16 May 2012 will be lapsed. 

F4.13.5 Transitional provisions for medical and police certificates 

a. Where an applicant lodges a subsequent application under F4.13 above, the applicant’s: 

i Medical and Chest X-ray Certificate (INZ 1007) included in their initial Parent Category 

application may be considered valid for the purposes of A4.20; and 

ii police certificate included in their initial Parent Category application may be considered 

valid for the purposes of A5.10(a). 

b. Applicants must still meet the health and character requirements set out at A4 and A5. 

c. Despite (a) above, an immigration officer may request: 

i a General Medical Certificate (INZ 1007) and a Chest X-ray Certificate (INZ 1096) 

which are less than three months old if they consider this is necessary to establish 

whether the applicant has an acceptable standard of health; and


ii a new police certificate if there is a good reason to do so. 

F4.15 English language requirements for the Parent Category 


F4.15.1 Minimum standard of English 


a. Applications under the Parent Category must be declined if any applicant included in the 

application has not met the minimum standard of English or the requirements to prepurchase 

English for speakers of other languages (ESOL) tuition. 

b. Applicants under the Parent Category meet the minimum standard of English if they: 

i provide a Test Report Form (no more than two years old at the time the application is 

lodged) from 

ii the International English Language Testing System (IELTS) that shows they meet at 

least two competencies of level 4 or above; or 

iii provide other evidence that satisfies an immigration officer that, taking account of that 

evidence and all the circumstances of the application, they are a competent user of 

English (see SM5.5(c)(iii)); or 

iv satisfy the requirements of SM5.10(b)(i) or (iii); or 

v are citizens of Samoa who have applications assessed under the Parent Category at 

the Apia Immigration New Zealand (INZ) branch and, after an interview, satisfy an 

immigration officer that they have sufficient English language ability. 

c. When applying (b)(iv) above, the interviewing immigration officer determines if applicants 

meet the minimum English language requirement by assessing whether they are able to: 

i read English; and 

ii understand and respond to questions in English; and 

iii maintain an English language conversation about themselves, their family or their 

background. 

d. In any case in terms of (b) above, an immigration officer may require any or each 

applicant to provide an IELTS certificate. In such cases, the IELTS certificate will be used 

to determine whether the applicant meets the minimum standard of English. 

Note: Full consideration must be given to all evidence of English language ability provided 

before a decision to request an IELTS certificate under F4.15.1 (d) is made. If an IELTS 

certificate is requested, the reason(s) behind the decision must be clearly documented and 

conveyed to the applicant. 

F4.15.5 Pre-purchase of English for Speakers of Other Languages (ESOL) tuition 

a. Instead of meeting the minimum standard of English, any applicant may pre-purchase 

ESOL tuition. ESOL tuition must be pre-purchased from the Tertiary Education Commission 

(TEC) by paying the required charge to INZ (who collect this charge on behalf of TEC). 

b. Applicants must pay any ESOL charge due, sign the ESOL Agreement and return it to INZ 

within the time specified by INZ before a resident visa is able to be granted (see 

F4.15.20).


F4.15.10 The amount of ESOL tuition to be pre-purchased by applicants 

For the purposes of the Parent Category, the amount of ESOL tuition to be paid is NZ$1,735 

per applicant, which gives an ESOL entitlement of NZ$1,533.33 per applicant. 

F4.15.15 TEC to arrange ESOL tuition 

a. The applicant is entitled to tuition to the value of the ESOL entitlement of the ESOL tuition 

charge. This does not include the INZ and TEC administration costs. 

b. TEC advises the applicant of the list of suitable ESOL tuition providers in New Zealand, 


c. TEC will manage the contract between the ESOL tuition provider and the applicant. 

d. The applicant must advise TEC of their New Zealand address. 

F4.15.20 Applicant's agreement with TEC 

a. Each applicant who pre-purchases ESOL tuition must sign an Agreement with TEC by 

which they agree, among other things, that they understand the rules for taking up ESOL 

tuition in New Zealand and the refund provisions. 

b. The content of the Agreement is determined by INZ and TEC. 

c. Included with the Agreement is a Schedule that sets out the personal details of the 


F4.15.25 Completion of Agreement 

a. When an application for a resident visa is approved in principle, applicants will be given 

two copies of the Agreement to complete for each person in the application undertaking 

ESOL tuition. 

b. After completion of the Agreement, one copy is retained by the applicant, and the other 

copy is returned to the relevant INZ processing office with the tuition fee(s). 

c. If the Agreement is not signed and returned to INZ within the time specified by INZ, the 


d. The INZ copy of the Agreement should be sent to the TEC. 

F4.15.30 Failure to pre-purchase ESOL tuition 

Any ESOL tuition fee must be paid before a resident visa may be granted. If the tuition fee is 

not paid to the INZ within the specified time, the resident visa application must be declined. 

F4.15.35 Limited period to use ESOL tuition 

a. If ESOL tuition is purchased, the applicant must complete the tuition within five years from 



applicants who do not take up ESOL tuition within the time limits specified at F4.15.35(a).


F4.15.40 Refund of ESOL tuition fees 

a. If ESOL tuition fees are paid but the applicant does not take up residence by being a 

residence class visa holder in New Zealand, a refund of the ESOL tuition fee may be 

granted upon request to INZ. The request must be made in writing. 

b. Requests for refunds must be declined if they are made more than six months after the 

expiry of the travel conditions allowing travel to New Zealand. 

c. Immigration officers considering requests for refunds must be satisfied that none of the 

applicants included in the application have: 

i entered New Zealand as residents; or 

ii hold resident visas with current travel conditions. 

d. The person who paid the ESOL tuition fee will only be refunded the ESOL entitlement. INZ 

and TEC administration costs will not be refunded. 

F4.20 Family relationship requirements for the Parent Category 


F4.20.1 Who are considered to be children of the principal applicant and the principal 

applicant's family? 

a. For the purposes of the Parent Category, children of the principal applicant and the 

principal applicant's family include: 

i all biological or adopted children of the principal applicant; and 

ii any child of the principal applicant's partner (whether or not the partner is included in 

the application) if that child has lived with the principal applicant for a predominant 

period of the child's life between the time their relationship with the principal applicant 

began and until the time the child turned 18 years of age. 

b. For the purposes of the Parent Category, where the principal applicant is a legal guardian, 

children of the principal applicant and the principal applicant's family include: 

i the New Zealand citizen or resident sponsor; and 

ii all biological and adopted children of the principal applicant; and 

iii any children of whom they are (or were) legal guardians by reason of the parents of 

those children being deceased; and 

iv any child of the principal applicant's partner (whether or not the partner is included in 

the application), if that child has lived with the principal applicant for a predominant 


began and until the time the child turned 18 years of age. 

c. For the purposes of the Parent Category, where the principal applicant is a grandparent, 

children of the principal applicant and the principal applicant's family include: 

i the New Zealand citizen or resident sponsor; and 

ii all biological and adopted children of the principal applicant; and 

iii any child of the principal applicant's partner (whether or not the partner is included in 

the application), if that child has lived with the principal applicant for a predominant 


began and until the time the child turned 18 years of age.


F4.20.5 Applicants who have dependent children 

Applicants under the Parent Category must not have any dependent children (see F4.5.5). An 

application will be declined if any applicant(s) included in the application have dependent 

children. 

F4.20.10 Grandparents and legal guardians 

a. A principal applicant and their partner will be considered to be ‘parent(s)' and a sponsor 

will be considered to be an 'adult child' under Parent Category if: 

i both the sponsor's parents died before the sponsor attained the age of 20 years; and 

ii the principal applicant had legal guardianship of the sponsor (that is, custody of the 

sponsor and the right to control the sponsor's upbringing) before the sponsor attained 

the age of 20 years; and 

iii the principal applicant was the most recent legal guardian of the sponsor. 

b. A sponsor's grandparent and their partner will be considered to be ‘parent(s)' and a 

sponsor will be considered to be an ‘adult child' under Parent Category if both the 

sponsor's parents are deceased. 

c. Only one grandparent and their partner, or one guardian and their partner, may be 

sponsored under Parent Category. 

F4.25 Sponsorship requirements for the Parent Category 


In order to gain residence under the Parent Category, applicants must be sponsored by an 

adult child (see F4.20) who: 

a. meets the requirements to be an acceptable sponsor as set out at R4.5, including being: 

i ordinarily resident in New Zealand; and 

ii a New Zealand citizen and/or the holder of a New Zealand residence class visa for at 

least three years immediately preceding the date the application they wish to sponsor 

is made; and 

b. agrees to meet the undertakings set out at R4.10 for the first five years of the applicant’s 

stay in New Zealand as a resident. 

Note: For the purposes of F4.25, a person is considered to be ‘ordinarily resident’ in New 

Zealand where an immigration officer is satisfied that New Zealand is their primary place of 

established residence. 

F4.30 Additional requirements for tier one of the Parent Category 



In addition to the requirements of the Parent Category in sections F4.1 to F4.25, applicants 

under tier one of the Parent Category must meet one of the following requirements: 

a. Sponsor’s income (see F4.30.1); or 

b. Guaranteed lifetime minimum income (see F4.30.5); or 

c. Settlement funds (see F4.30.10).


F4.30.1 Sponsor’s income 

a. To meet the gross minimum income requirements: 

i a sponsor or their partner must earn a minimum of $65,000 per annum; or 

ii a sponsor and their partner together must earn a minimum of $90,000 per annum. 

b. The gross minimum income requirement referred to in (a) above must be met by personal 

income that is obtained from one or any combination of: 

i sustained paid employment; or 

ii regular self-employment; or 

iii regular investment income. 

c. The minimum income requirement must be met by personal income. Income earned by 

another legal entity, such as a business or a trust, cannot be included unless it has been 

paid directly to the sponsor and/or their partner in the form of wages or drawings. 

d. When assessing whether the income obtained from the source(s) in (b) above is sustained 

and/or regular, officers may consider, but are not limited to, such factors as the length of 

employment, terms of employment and the regularity of payments. 

e. The income of a sponsor’s partner may only be considered if the partner has been: 

i living with the sponsor for a period of at least 12 months in a partnership that is 

genuine and stable (see F2.10.1), and they meet the requirements for the recognition 

of a partnership set out at F2.15; and 

ii a New Zealand residence class visa holders for at least three years immediately 

preceding the date the application their partner wishes to sponsor is made, or is a 

New Zealand citizen. 

F4.30.5 Guaranteed lifetime minimum income 

a. If there is one applicant included in the application, the applicant must have a guaranteed 

lifetime minimum income of at least $27,203 gross per annum. 

b. If a partner is also included in the application, the applicants jointly must have a 

guaranteed lifetime minimum income of at least $39,890 gross per annum. 

c. The applicants must meet the evidential requirements set out at F4.40.30.1. 

F4.30.10 Settlement funds 

a. Principal applicants must: 

i nominate funds (or assets that can be converted into funds) to bring to New Zealand 

of a minimum value of NZ$500,000; and 

ii demonstrate ownership of the nominated funds and/or assets (see the evidential 

requirements set out at F4.40.30.5); and 


legally (see F4.5.25 and F4.40.30.5). 

b. Funds or assets may be owned either: 


ii jointly by the principal applicant and their partner who is included in the resident visa 

application.


c. The principal applicant may claim the full value of jointly owned funds or assets (as per 

F4.30.10(b)(ii) above) for assessment purposes, provided an immigration officer is 

satisfied the principal and secondary applicants meet the partnership requirements set out 

at R2.1.15. 

d. If funds or assets are held jointly by the principal applicant and a person other than their 

partner, the principal applicant may only claim the value of that portion of the funds or 

assets for which they provide evidence of ownership. 

e. The principal applicant may only nominate funds or assets that they earned or acquired 

legally, including funds and/or assets which have been gifted to them unconditionally and 

in accordance with local law (also see F4.5.25). Where nominated funds or assets have 

been gifted to the principal applicant an immigration officer must be satisfied that the 

funds or assets being gifted were earned lawfully by the person(s) gifting the funds or 

assets. 

f. The nominated funds and/or assets must be unencumbered. 

g. The nominated funds and/or assets must not be borrowed. 

Note: Principal applicants must transfer NZ$500,000 to New Zealand in order to be granted a 

resident visa. The value of the amount transferred will be dependent on the currency exchange 

rate at the time of transfer, not at the time the residence application is assessed (see also 

F4.30.10.15). 

F4.30.10.1 Aim and intent of settlement funds transfer 

The instructions regarding the nominated settlements funds and the method of transfer of 

those funds to New Zealand are designed to ensure: 

a. the legitimacy and lawful ownership of the nominated funds; and 

b. the direct transfer of the settlement funds through a structured and prescribed process to 

guarantee ongoing legitimacy and lawful ownership of the funds brought to New Zealand. 

F4.30.10.5 Approval in principle pending the transfer of settlement funds 

If the applicants meet the criteria set out for settlement funds at F4.30.10 and all other 

requirements under the Parent Category (excluding instructions for transferring funds to New 

Zealand at F4.30.10.15), the applicants will be advised that: 


b. resident visas may be granted once they: 

i provide acceptable evidence of having transferred the nominated funds in accordance 

with the relevant instructions; and 

ii pay any applicable migrant levy and any outstanding fee for English language tuition 

to meet English language requirements (see F4.15). 

F4.30.10.10 Timeframe for transferring funds to New Zealand 

a. Principal applicants must meet the requirements for transferring nominated funds within 

12 months of the date of the letter advising of approval in principle. 

b. Applications for a resident visa must be declined if a principal applicant does not present 

acceptable evidence of having transferred the nominated settlement funds within 12


months (or 18 months if an extension is granted, see provisions (c), (d), and (e) below) 

from the date of approval in principle. 

c. Principal applicants may request an extension to their transfer period for up six months. 

d. If a principal applicant wishes to request an extension to the timeframe for transferring the 

nominated funds to New Zealand, they must contact the immigration officer within 12 

months of the date of the letter advising of Approval in Principle and present evidence of 

reasonable attempts to transfer the nominated funds to New Zealand. 

e. Following a principal applicant’s presentation of evidence an immigration officer may: 

i grant an extension to the transfer period if they believe the evidence shows the 

principal applicant has made reasonable attempts to transfer the nominated funds 

within the 12 month time period; or 

ii decline to grant an extension to the transfer period if they believe the principal 

applicant has not made reasonable attempts to transfer the nominated funds within 

the 12 month time period. 

F4.30.10.15 Transferring funds to New Zealand 

a. When their application meets the requirements for tier one through settlement funds, as 

per F4.30.10, and is approved in principle, the applicant will be required to transfer the 

nominated settlement funds to New Zealand and meet the evidential requirements set out 

at F4.40.30.10. 

b. A minimum of NZ$500,000 in total must be transferred to New Zealand. 

c. These funds must be the funds initially nominated, or the funds that result from the sale of 

the same assets as those initially nominated, in the resident visa application; and 

i be transferred through the banking system directly from the principal applicant's bank 


ii be transferred by a foreign exchange company to New Zealand through the banking 

system. Immigration officers may not accept the transferred funds if the applicant 

cannot provide satisfactory evidence of the following: 

the nominated funds have been transferred to the foreign exchange company 

directly from the applicant’s bank account(s); and 

the nominated funds have been transferred through a foreign exchange company in 

a way that is not contrary to laws of New Zealand; and 

the nominated funds transferred are traceable; and 


the foreign exchange company is not suspected of, or proven to have committed, 

fraudulent activity or financial impropriety in any country it operates from or in.


Note: Nominated funds held in a country other than the country in which they were earned or 

acquired legally must have been originally transferred through the banking system, or a 

foreign exchange company that uses the banking system from the country in which they were 

earned or acquired. 

F4.35 Additional requirements for tier two of the Parent Category 



In addition to the requirements of the Parent Category set out in sections F4.1 to F4.25, 

applicants under tier two of the Parent Category must meet both of the following 

requirements: 

a. Minimum income of sponsors (see F4.35.1); and 

b. Location of applicants’ other adult children (see F4.35.5). 

F4.35.1 Minimum income of sponsors 

a. In order for an applicant to qualify for residence under tier two of the Parent Category, 

their sponsor or their sponsor’s partner must have a gross minimum income of at least 

$33,675 per annum. This must be met by personal income that is obtained from one or 

any combination of: 

i sustained paid employment; or 

ii regular self-employment; or 

iii regular investment income. 

b. The minimum income requirement must be met by personal income. Income earned by 

another legal entity, such as a business or a trust, cannot be included unless it has been 

paid directly to the sponsor or their partner in the form of wages or drawings. 

c. When assessing whether the income obtained from the source(s) in (a) above is sustained 

and/or regular, officers may consider, but are not limited to, such factors as the length of 

employment, terms of employment and the regularity of payments. 

d. The sponsor’s partner’s income may only be considered if the partner: 

i has been living with the sponsor for a period of at least 12 months in a partnership 

that is genuine and stable (see F2.10.1), and they meet the requirements for the 

recognition of a partnership set out at F2.15; and 

ii has been a New Zealand residence class visa holder for at least three years or is a 

New Zealand citizen. 

F4.35.5 Location of applicants’ other adult children 

In order to qualify for residence under tier two of the Parent Category, all of the applicants’ 

adult children must live lawfully and permanently outside the country in which the applicant or 

applicants live lawfully and permanently (see F4.5.1 and F4.40.35). 

F4.35.5.1 Deferring the final decision 

a. If the principal applicant under tier two has not met the criteria under F4.35.5 at the time 

of assessment, but may be able to meet the criteria within six months, the final decision 

on the application may be deferred for up to six months.


b. A principal applicant and a partner included in the application already in New Zealand may 

be granted a further temporary visa or visas (once an application is made) for a period 

sufficient to enable a further assessment of their application after the six-month deferral 

period. 

F4.35.10 Sponsors who are New Zealand Government beneficiaries ineligible 

a. A person will not be invited to apply for residence if they: 

i submit an expression of interest under tier two; and 

ii indicate that their sponsor receives a New Zealand Government benefit from Work and 

Income. 

b. Sponsors who receive a New Zealand Government benefit from Work and Income at the 

time an application is assessed will not be eligible to sponsor applicants for residence 

under tier two requirements of the Parent Category. 


F4.40.1 Evidence of relationship of parent(s) to children 


a. Evidence of a parent’s relationship to their children is original or certified copies of: 

i birth certificates establishing the relationship of the children to the parent; or 

ii household registration documents, if these establish the relationship of the children to 

the parent; or 

iii evidence of adoption (see R3), which establishes the relationship of the children to the 

parent. 

b. Other evidence establishing the relationship of the children to the parents may also be 

provided, or requested by an immigration officer. 

F4.40.5 Evidence of relationship to grandparent where the sponsor's parents are 

deceased 

a. Evidence of sponsor's relationship to their grandparent(s) is original or certified copies of: 

i birth certificates establishing the relationship of the sponsor to the grandparent(s); or 

ii household registration documents, if these establish the relationship of the sponsor to 

the grandparent(s); or 

iii evidence of adoption (see R3), which establishes the relationship of the sponsor to the 

grandparent(s). 

b. Other evidence establishing the relationship of the sponsor to the grandparent(s) may also 

be provided, or requested by an immigration officer. 

F4.40.10 Evidence of legal guardianship where the sponsor's parents are deceased 

Evidence of legal guardianship of the sponsor includes but is not limited to documents showing 

that the principal applicant had custody of the sponsor and the right to control the sponsor's 

upbringing before the sponsor attained the age of 20, such as the following: 

• legal documents (such as the sponsor's parent's will) showing that the principal applicant 

was named as the guardian of the sponsor, to have custody of the sponsor and the right 

to control their upbringing in the event of the death of the sponsor's biological or adoptive


parents; or 

• a court order granting legal guardianship of the sponsor to the principal applicant 

(including custody of the sponsor and the right to control their upbringing) after the death 

of their parents and prior to the sponsor attaining the age of 20 years; or 

• documents showing that the sponsor lived with the principal applicant after the death of 

their parents and prior to the sponsor attaining the age of 20 years; or 

• documents such as medical and school records indicating that the principal applicant acted 

in the role of a parent for the sponsor after the death of their biological or adoptive 

parents and prior to the sponsor attaining the age of 20 years. 

F4.40.15 Evidence that parents are deceased 

a. Evidence that a sponsor's parents are deceased is original or certified copies of death 

certificates for both parents. 

b. Where a death certificate is unobtainable, other documentary evidence must be provided 

that satisfies an immigration officer that the sponsor's parents are deceased, and the 

date(s) of their death. 

c. A death certificate is considered to be obtainable even if there is a possible delay or 

expense in obtaining it. 

F4.40.20 Evidence of dependence 

a. Up to and including 20 years of age, if a child is unmarried then he or she is presumed to 

be dependent. 

b. For children aged 21 to 24, evidence of actual independence may be required. 

F4.40.25 Evidence of sponsorship 

Evidence is a Sponsorship Form for Residence in New Zealand that: 

a. confirms that the sponsor meets the requirements for sponsors who are natural persons 

set out at R4.5(d); and 

b. contains the undertakings required (see R4.10); and 

F4.40.25.1 Evidence that the sponsor and/or their partner meets the minimum 

income requirement 

Evidence of meeting the minimum income requirement for sponsors (see F4.30.10 and 

F4.35.1) may include, but is not limited to, original or certified copies of the following 

documents: 

• an Inland Revenue Summary of Earnings which shows all income from employment, 

pension and withholding payments; or 

• wage slips; or 

• a current employment contract; or 

• bank statements or any other documents from financial institutions. 

F4.40.30 Evidence of applicant’s funds under tier one 

F4.40.30.1 Evidence of guaranteed minimum lifetime income 

a. Evidence of guaranteed minimum lifetime income includes:


i pensions that will be paid to the applicant(s) indefinitely, including during any time 

that they will be New Zealand residents or citizens; or 

ii other stable income paid to the applicant(s) indefinitely, including during any time that 

they will be New Zealand residents or citizens. 

b. An immigration officer may decline an application if they are not satisfied the applicant(s) 

income: 

i is guaranteed; or 

ii is stable (to at least the minimum level specified at F4.30.5); or 

iii will be paid to the applicant(s) indefinitely. 

F4.40.30.5 Evidence of the principal applicant's settlement funds and assets 

a. Evidence of settlement funds may include, but is not limited to: 

• funds held in a New Zealand bank account(s); or 

• funds held in an offshore bank account(s), together with evidence that the funds can 

be accessed from New Zealand; or 

• acceptable evidence of net assets (either in New Zealand or offshore). 

b. All documents provided as valuations of assets must be: 



c. An immigration officer may seek further evidence if they: 


legally; or 

ii consider that the nominated funds and/or assets may have been gifted or borrowed; 

or 



rules for settlement funds. 

F4.40.30.10 Evidence of the transfer of the nominated funds to New Zealand 




b. An immigration officer may request any other information to satisfy them that the above 

requirements have been met. 

F4.40.35 Evidence of being 'lawfully and permanently' in a country 

a. Evidence that a person is lawfully and permanently in a country may include, but is not 

limited to, original or certified copies of: 

• a passport or passport pages showing identity and a visa (or permit) indicating the 

holder is entitled to remain indefinitely in that country; or 

• letters or other documents showing that indefinite residence in another country has 

been granted; or 

• a passport or passport pages showing identity and nationality; or 

• naturalisation or citizenship certificates.


b. If a person does not need a visa (or permit) to live in their country of residence (e.g. 

European Union nationals living in other European Union countries), principal applicants 

must provide original or certified copies of: 

• registration cards or certificates from the local police or municipal authority; or 

• confirmation of the person's residence status from an authoritative source such as a 

municipal, judicial, police or government authority. 

c. Under both (a) and (b) above, evidence must also be provided of actual residence in the 

country. Evidence may include, but is not limited to, original or certified copies of: 

• correspondence addressed to the person; or 

• employment references; or 

• rates demands; or 

• income tax returns; or 

• mortgage documents; or 

• documents showing that household effects have been moved to that country. 


F4.45 Verification of family details and documents 


applicants or sponsors in order to verify declarations made by applicants about their family 




F4.50 Conditions of a resident visa granted under the Parent Category 

a. A resident visa granted under the Parent Category is subject to the condition that the 

sponsor of the visa holder meets their obligations as set out at R4.10 until five years from 

the visa holder’s first day as a resident in New Zealand. 

b. The multiple entry travel conditions on a resident visa granted under the Parent Category 

must be valid until five years from the visa holder’s first day as a resident in New Zealand. 



F5 DEPENDENT CHILD CATEGORY 

F5.1 How do dependent children qualify for a resident visa? 


a. Principal applicants meet Dependent Child Category if they: 

i are: 

aged 21 to 24, with no child(ren) of their own; and 

single; and 

totally or substantially reliant on an adult (whether their parent or not) for financial 

support, whether they live with them or not; and 

their parent(s) is lawfully and permanently in New Zealand; or 

ii are: 

aged 18 to 20, with no child(ren) of their own; and 

single; and 

their parent(s) is lawfully and permanently in New Zealand; or 

iii are: 

aged 17 or younger; and 

single; and 

totally or substantially reliant on an adult (whether their parent or not) for financial 

support, whether they live with them or not; and 

their parent(s) is lawfully and permanently in New Zealand. 

b. Principal applicants under Dependent Child Category must also: 

i have been born to, or adopted by (see R3), their parent(s) before their parent(s) 

made their own application for a residence class visa, and have been declared as 

dependent children on their parent(s) application for a residence class visa; or 

ii have been born to their parent(s) after their parent(s) made their own application for 

a residence class visa; or 

iii have been adopted by (see R3) their parent(s) after their parent(s) made their own 

application for a residence class visa, by a New Zealand adoption order made under 

the Adoption Act 1955, or an overseas adoption order which, under section 17 of the 

Adoption Act 1955, has the same effect as a New Zealand adoption order. 

Note: In the event that the principal applicant was born to, or adopted by their parent(s) 

before their parent(s) made their own application for a residence class visa, but that 

principal applicant was not declared as a dependent child on their parent’s application for a 

residence class visa, section R5.15 will apply. 

c. When determining whether a child of 21 to 24 years of age is totally or substantially 

reliant on an adult (whether their parent or not) for financial support, immigration officers 

must consider the whole application, taking into account all relevant factors including: 

• whether the child is in paid employment, whether this is full time or part time, and its 

duration; 

• whether the child has any other independent means of financial support; 

• whether the child is living with its parents or another family member, and the extent 

to which other support is provided; 

• whether the child is studying, and whether this is full time or part time.


d. Principal applicants under Dependent Child Category must meet health and character 

requirements (see A4 and A5). 


F5.5.1 Definition of 'single' 


A person is single if they are not living with a partner in a genuine and stable partnership 

(F2.10.1). 

Note: For the purposes of these instructions partnerships are considered to exist irrespective of 

duration. 

F5.5.5 Definition of 'lawfully and permanently in New Zealand' 

People who are lawfully and permanently in New Zealand must be actually residing in New 

Zealand and be either: 

a. citizens of New Zealand; or 

b. holders (or deemed to be holders) of New Zealand residence class visas. 




The items listed in F5.10.1 to F5.10.35 below are examples of relevant evidence: other 


F5.10.1 Evidence of dependent child's relationship to parent(s) 

a. Evidence of the dependent child's relationship to the parent(s) is original or certified copies 

of: 

i birth certificates establishing the relationship of the dependent child to the parent(s); 

or 

ii household registration documents, if these establish the relationship of the dependent 

child to the parent(s); or 

iii evidence of adoption (see R3), which establishes the relationship of the dependent 

child to the parent(s). 

b. Other evidence establishing the relationship of the children to the parent(s) may also be 

provided. 

F5.10.5 Evidence of declaration by parent(s) 

Evidence of declaration as a dependent child is the declaration of children on the parent(s) 

residence application form. 

F5.10.10 Evidence that principal applicant is single, with no children, and 24 or 

younger 

a. Evidence that the principal applicant is single, with no children, and aged 18 to 24, is:


i a declaration in the residence application form that the principal applicant is not 

married, is not in a civil union, and is not living in a de facto relationship; and 

ii a declaration in the residence application form that the principal applicant has no 

children; and 

iii a birth certificate or other evidence that the principal applicant is aged 18 to 24. 

b. Evidence that the principal applicant is single, and 17 or younger, is: 

i a declaration in the residence application form that the principal applicant is not 

married, is not in a civil union, and is not living in a de facto relationship; and 

ii a birth certificate or other evidence that the principal applicant is 17 or younger. 

F5.10.15 Evidence of financial dependence (see F5.1) 

a. Up to and including 20 years of age, if a child is single and has no children of their own, 

they are presumed to be dependent. 

b. For children aged 21 to 24, evidence of actual dependence may be required. 

F5.10.20 Evidence of adoption under New Zealand Adoption Act 1955 (see 

F5.1(b)(iii)) 

Evidence is the original or a certified copy of the Notice of Adoption Order. 

Note: Notices of interim orders are not evidence of adoption. 

F5.10.25 Evidence that overseas adoption has the same effect as a New Zealand 

adoption (see F5.1(b)(iii)) 

Evidence that an overseas adoption has the same effect as a New Zealand adoption under 

section 17 of the Adoption Act 1955, includes: 

a. a ruling from a New Zealand court; or 

b. the assessment of the immigration officer, if there are clear precedents for adoptions from 

the country concerned. 

F5.10.30 Evidence of parent’s New Zealand citizenship or residence class visa 

a. Evidence that a parent is a New Zealand citizen may include but is not limited to original 


• New Zealand passport; or 

• a New Zealand birth certificate issued prior to 1 January 2006; or 

• a New Zealand birth certificate issued on or after 1 January 2006 that positively 


• a certificate of New Zealand citizenship; or 

• a confirmation of New Zealand citizenship by descent certificate issued under the 


• an evidentiary certificate issued under the Citizenship Act 1977 confirming New 

Zealand citizenship. 

b. Evidence that a parent is a New Zealand resident is: 

i a current New Zealand residence class visa in their passport or certificate of identity; 

or


ii evidence the parent is deemed to hold a New Zealand residence class visa. 

F5.10.35 Evidence of being 'lawfully and permanently' in New Zealand 

Evidence must be provided of actual residence in New Zealand. Evidence may include but is 

not limited to original or certified copies of: 

• correspondence addressed to the applicant 

• employment references 


• income tax returns 


• documents showing that household effects have been moved to New Zealand. 


F5.15 Verification of family details 


applicants, or sponsors in order to verify declarations made by applicants about their family 


applicant's marital status). 


F5.20 Dependent children under 16 whose parents are separated or divorced 

a. If the parents of a child under the age of 16 are separated or divorced, the New Zealand 

citizen or resident parent must have the right to remove the child from the country in 

which rights of custody or visitation have been granted, or, if no such rights of visitation 

have been granted, from the country of residence. 

b. Such children will not be granted a resident visa unless the New Zealand citizen or 

resident parent produces satisfactory evidence of their right to remove the child from the 

country in which the rights of custody or visitation have been granted or, if no such rights 

of visitation have been granted, from the country of residence. 

c. Except where (d) applies, evidence of the right to remove the child from the country in 

which rights of custody or visitation have been granted must include original or certified 

copies of: 

i legal documents showing that the New Zealand citizen or resident parent has the sole 

right to determine the residence of the child, without rights of visitation by the other 

parent; or 

ii a court order permitting the New Zealand citizen or resident parent to remove the 

child from its country of residence; or 

iii legal documents showing that the New Zealand citizen or resident parent has custody 

of the child and a signed statement from the other parent, witnessed in accordance 

with local practice or law, agreeing to allow the child to live in New Zealand if the 

application is approved. 

d. Where an immigration officer is satisfied that:


i by virtue of local law, the New Zealand citizen or resident parent has the statutory 

right to custody of the child; and 


documents to verify that custodial right, the New Zealand citizen or resident parent 

will be considered by INZ to have the right to remove the child from its country of 

residence. 


F5.25 Dependent children under 16 with only one parent holding New 

Zealand citizenship or a New Zealand residence class visa 


a. If one of the parents of a child under the age of 16 is not a New Zealand citizen or 

resident, the New Zealand citizen or resident parent must have the right to remove the 

child from the child’s country of residence. 

b. Such children will not be granted a residence class visa unless the New Zealand citizen or 

resident parent produces satisfactory evidence of their right to remove the child from the 

child’s country of residence. 

c. Except where (e) applies evidence of the right to remove the dependent child from the 

child’s country of residence in situations where one parent is not a New Zealand citizen or 

resident, but the parents are not separated or divorced, must include original or certified 

copies of: 

i a written statement confirmed by both parents at an interview with an immigration 

officer, either in person or by phone; or 

ii a court order permitting the applicant to remove the child from the child’s country of 

residence. 

d. If because of the death of one of the parents of a child under the age of 16, only one 

parent holds New Zealand citizenship or residence class visa, the death certificate of the 

other parent must be provided. 

e. Where an immigration officer is satisfied that: 

i by virtue of local law, the New Zealand citizen or resident parent has the statutory 

right to custody of the child; and 


documents to verify that custodial right, the New Zealand citizen or resident parent 

will be considered by INZ to have the right to remove the child from the child’s 


F5.30 English language requirements 


a. If a principal applicant was eligible to be included as a dependent child of a principal 

applicant in an earlier successful application under the General Skills Category, Skilled 

Migrant Category, Business Immigration Instructions or previous Business Investor 

Category, but was not at that time included in the application, they will have to meet the 

criteria of the English language instruction applicable at the time the application under 

Dependent Child Category is made. 

b. Such an applicant will be subject to the applicable English language instruction as if they 

were a non-principal applicant under the Skilled Migrant Category or Business Immigration 

Instructions.


c. A principal applicant who would have been eligible for inclusion in an earlier General Skills 

category or Skilled Migrant Category application will be subject to the English language 

instruction of the Skilled Migrant Category applicable at the time the application under the 

Dependent Child Category is made. 

d. A principal applicant who would have been eligible for inclusion in an earlier Business 

Investor category or Business Immigration Instructions application will be subject to the 

English language instructions of Business Immigration Instructions applicable at the time 

the application under Dependent Child Category is made. 


F5.35 Application under Dependent Child Category of person eligible for... 

F5.35 Application under Dependent Child Category of person eligible for inclusion in 

an earlier Family Quota, Refugee Family Support Category, Samoan Quota Scheme or 

Pacific Access Category registration 

If the principal applicant in an application under Dependent Child Category was eligible for 

inclusion in a successful registration under either the Family Quota, Refugee Family Support 

Category, Samoan Quota Scheme or Pacific Access Category but was not included, they will 

not be granted a resident visa under Dependent Child Category. 

F5.40 Resident visas with conditions 



Dependent children accompanying principal applicants who are subject to conditions set out 

under section 49(1), will be granted resident visas subject to the condition that “the principal 

applicant comply with the conditions of the principal applicant’s visa”. (See R5.65.1). 

F6 Sibling and Adult Child Category (to 16/05/2012) 


Note: The instructions contained in this section cease to be effective from 16 May 2012. 



F7 INTER-COUNTRY ADOPTION 

F7.1 Guidelines for inter-country adoptions 

a. If a New Zealand residence class visa holder or citizen legally adopts a child overseas, they 

may apply on its behalf for either New Zealand citizenship or residence. 

b. If a residence class visa is applied for, the child must meet the same requirements as 

other children of New Zealand citizens or residence class visa holders. 

c. The fact that a child has been adopted does not, of itself, entitle the child to be granted 

with a visa to travel to New Zealand, and immigration officers must assess whether or not 

the child meets the requirements for a residence class visa or a temporary class visa. 

d. A standard prerequisite for a child to travel to New Zealand for adoption purposes is the 

support of social welfare agencies, both in New Zealand and in the child's country of 

origin. 

F7.5 Citizenship procedure 


a. The Department of Internal Affairs administers the Citizenship Act 1977 and determines 

whether or not an adopted child has a claim to New Zealand citizenship. 

b. Adoptive parents who are New Zealand citizens must apply to the appropriate overseas 

post or to the Department of Internal Affairs to determine the citizenship of the child. 

c. The process of determining citizenship involves establishing whether or not the adoption 

meets the requirements under section 17 of the Adoption Act 1955, and the process can 

be both complex and lengthy. 

F7.5.1 Immigration requirements for adopted children 

a. Children adopted overseas or in New Zealand must meet immigration requirements unless, 

and until, their New Zealand citizenship is established. 

b. Evidence of New Zealand citizenship should be supplied to INZ if a child on a temporary 

visa in New Zealand is granted citizenship. 

F7.10 Pre-adoption information 


a. Under the Adoptions Act 1955, social workers approve prospective parents and report to 

the Family Court, which rules on individual adoptions. 

b. Generally, the authorities in the child's country of origin must give permission for it to 

leave, and the adoption must conform with the law of that country. 

c. INZ offices should advise prospective adoptive parents to consult the New Zealand Child, 

Youth and Family (CYF), and to contact the equivalent welfare agency in the child's 

country. 

d. CYF will arrange for a home study and liaise with the appropriate inter-country adoption 

agency for a child study, after which CYF will advise INZ of the results. 

e. CYF may also ask overseas posts to investigate the circumstances of the child. 


SKILLED MIGRANT CATEGORY 


SM1 Objective ...................................................................... 23-1 

SM2 Overview of Skilled Migrant Category ................................. 24-1 

SM3 Expression of Interest and Invitation to Apply instructions ..... 25-1 

SM4 Summary of requirements................................................ 26-1 

SM5 English Language Requirements ........................................ 27-1 

SM6 Summary of points for employability and capacity building 

factors ...................................................................... 28-1 

SM7 Skilled employment ........................................................ 29-1 

SM8 Bonus points: employment in an identified future growth 

area or area of absolute skills shortage ........................... 30-1 

SM9 Bonus points: employment outside the Auckland region ........ 31-1 

SM10 Bonus points: partner's skilled employment in New 

Zealand ..................................................................... 32-1 

SM11 Work experience ........................................................... 33-1 

SM12 Bonus points: work experience in New Zealand .................. 34-1 

SM13 Bonus points: work experience in an identified future 

growth area or an area of absolute skills shortage ............ 35-1 

SM14 Recognised qualifications ............................................... 36-1 

SM15 Bonus points: New Zealand qualifications .......................... 37-1 

SM16 Bonus points: qualifications in an identified future growth 

area or an area of absolute skills shortage ....................... 38-1 

SM17 Bonus points: partner's recognised qualifications ................ 39-1 

SM18 Age ............................................................................ 40-1 

SM19 Requirements for occupational registration ........................ 41-1 

SM20 Bonus points: close family in New Zealand ........................ 42-1 

SM21 Settlement and Contribution Requirements ....................... 43-1


SM1 OBJECTIVE 

a. The objective of the Skilled Migrant Category is to provide for the grant of a resident visa 

to people who demonstrate that they: 

• have skills to fill identified needs and opportunities in New Zealand; and 

• are able to transfer those skills to New Zealand and link with local needs and 

opportunities; and 

• are able to demonstrate an ability to contribute to New Zealand both economically and 

socially; and 

• are able to demonstrate an ability to successfully settle in New Zealand. 

b. In meeting this objective the Skilled Migrant Category will maximise and accelerate the 

contribution of immigration to New Zealand's: 

• capacity building, sustainable growth and innovation; 

• global connectedness; and 

• thriving and inclusive communities 

through focusing on a range of source regions to achieve a balanced programme and 

linking global talent with local opportunities. 



SM2 OVERVIEW OF SKILLED MIGRANT CATEGORY 

a. A person who is interested in applying for a resident visa under the Skilled Migrant 

Category must complete an Expression of Interest (EOI) form in the prescribed manner. 

b. EOIs which meet prerequisites for health, character, English language and age, and have a 

point score of 100 or more points are entered into the Pool of EOIs. 

c. Points for employability and capacity building factors are claimed by a person expressing 

interest in accordance with the requirements set out in the Skilled Migrant Category. 

d. EOIs in the Skilled Migrant Category Pool are selected from that Pool periodically on the 

Government's behalf by the Department of Labour. 

e. Selections from the Pool are made in the following manner: 

i EOIs that have total points of 140 or more are selected automatically from the Pool; 

ii EOIs that have total points of 100 or more but less than 140, and include points for 

offers of skilled employment or current skilled employment in New Zealand, are 

selected (according to their points ranking) in sufficient numbers to meet the 

requirements of the Skilled/Business Stream of the New Zealand Residence 


number or distribution of places in the NZRP determined by the Government). 

f. If, following the selection process set out at (e) above, further places are available in the 

Skilled/Business Stream of the NZRP at the time of that selection (subject to any 


Government), additional EOIs may be selected from the Pool on the basis of criteria set 

from time to time by the Minister of Immigration, having regard to the objectives of the 

Skilled Migrant Category. Those criteria are specified at SM3.15.1. 

g. A selected EOI may result in an invitation to apply for a resident visa under the Skilled 

Migrant Category being granted, subject to an assessment of the credibility of the 

information provided in the EOI and whether the EOI indicates the presence of any health 

or character issues that may adversely affect the ability of the person expressing interest 

to be granted a resident visa under the Skilled Migrant Category. 

h. Whether, in any particular case, an EOI has been selected from the Pool, it may not result 

in an invitation to apply for a resident visa under the Skilled Migrant Category. 

i. Only a person invited to apply may apply for a resident visa under the Skilled Migrant 

Category. 

j. If a person is invited to apply, information provided in the EOI, and any further evidence, 

information and submissions provided by the applicant (including information concerning 

ability or potential to successfully settle in and contribute to New Zealand), will form the 

basis for determination of a subsequent application for a resident visa under the Skilled 

Migrant Category. 

k. Applications for a resident visa, resulting from an invitation to apply, must include: 

i information and evidence to support the claims made in the EOI; and 

ii information concerning any relevant fact (including any material change in 

circumstances that occurs after the EOI was selected) if that fact or change in 

circumstances may affect the decision on the application. Such a relevant fact or 

change in circumstances may relate to the principal applicant or another person 

included in the application, and may relate to any matter relevant to Skilled Migrant 

Category.


l. Applications will be assessed against instructions set out in sections SM4 to SM21 of the 

Skilled Migrant Category. 

m. Principal applicants under the Skilled Migrant Category will be assessed against: 

i health, character and English language requirements; and 

ii employability and capacity building requirements; and 

iii any criteria set from time to time by the Minister of Immigration which was the basis 

for selection from the Pool (see SM3.15.1); and 

iv settlement and contribution requirements. 

n. Assessment against settlement and contribution requirements (see SM21) will take into 

consideration the application as a whole including information gained at interview, if an 

interview is conducted. The assessment concerning settlement and contribution may result 

in: 

i the grant of a resident visa; or 

ii deferral of the decision on the resident visa application and the grant of a work visa to 

enable a principal applicant to obtain an offer of ongoing skilled employment in New 

Zealand; or 

iii decline of the resident visa application.


o. If a decision is deferred on the resident visa application and the principal applicant 

becomes established in ongoing skilled employment in New Zealand, the application for a 

resident visa will be approved. 



SM3 EXPRESSION OF INTEREST AND INVITATION TO APPLY 

INSTRUCTIONS 

SM3.1 Expressing interest in being invited to apply under the Skilled Migrant 

Category 



a. People notify their interest in being invited to apply for a resident visa under the Skilled 

Migrant Category through submission of an Expression of Interest (EOI) to the INZ in the 

prescribed manner. The prescribed manner for completing and submitting an EOI is that 

the person expressing interest submits to an immigration officer: 

i the completed EOI form; and 


Note: The completed form can be submitted electronically or in paper form. 

b. Through completion of an EOI a person: 

i provides information regarding their identity, health and character; and 

ii provides information about their English language ability in accordance with the 

requirements for English language ability set out at SM5 of these instructions; and 

iii claims points for employability and capacity building requirements in accordance with 

the employability and capacity building requirements set out at SM7 to SM19 of the 

Skilled Migrant Category. 

c. It is the responsibility of the person submitting the EOI to ensure that it is correct in all 

material respects. 

SM3.5 Implications of providing false or misleading information 


a. The Immigration Act 2009 provides that: 


i the provision of false or misleading information as part of an EOI or associated 

submission; or 

ii the withholding of relevant, potentially prejudicial information from an EOI or 

associated submission; or 


that occurs after an EOI is notified that may affect a decision to invite the person to 

apply for a resident visa or to grant a resident visa; 

is sufficient grounds for the decline of an application for a resident visa and for the holder 

of a resident visa granted under the Skilled Migrant Category to become liable for 

deportation.



to the issuing of an invitation to apply or the assessment of a resident visa application, will 

be considered misleading unless the principal applicant can demonstrate that there is a 

reasonable basis for making that claim. 

SM3.10 Submission of Expressions of Interest to the Pool 

See previous instructions SM3.10 Effective 29/11/2010 



Expressions of Interest (EOIs) submitted in the prescribed manner may be entered into a Pool 

of Expressions of Interest (the Pool) if the person expressing interest: 


because none of the people included in their EOI are people who: 

i are described in sections 15 or 16 of the Immigration Act 2009 (see A5.20); or 

ii would not be granted a medical waiver (see A4.60). 

b. has confirmed that they meet the minimum standard of English (see SM5); and 

c. has claimed a minimum of 100 points for employability and capacity building factors (see 

SM7 to SM19); and 

d. has claimed points for either recognised qualifications (see SM14) or work experience (see 

SM11); and 

e. is aged 55 years or younger. 

SM3.15 Selection of Expressions of Interest 


SM3.15 Effective 25/07/2011 

SM3.15 Effective 01/02/2011 

SM3.15 Effective 29/11/2010 


a. As Expressions of Interest (EOI) are entered into the Pool they will be ranked on the basis 

of total points claimed for employability and capacity building factors in accordance with 

the Skilled Migrant Category. The ranking of EOIs relative to each other will change as 

EOIs enter, or are withdrawn from, the Pool. 

b. EOIs in the Skilled Migrant Category Pool are selected from that Pool periodically on the 

Government's behalf by the Ministry of Business, Innovation and Employment. 

c. Selections from the Pool are made in the following manner: 

i EOIs that have total points of 140 or more are selected automatically from the Pool; 

ii EOIs that have total points of 100 or more but less than 140, and include points for 

the principal applicant's offer of skilled employment or current skilled employment in 

New Zealand, are selected (according to their points ranking) in sufficient numbers to 

meet the requirements of the Skilled/Business Stream of the New Zealand Residence 


number or distribution of places in the NZRP determined by the Government) 

d. If, following the selection process set out at (c) above, further places are available in the 

Skilled/Business Stream of the NZRP at the time of that selection (subject to any



Government), additional EOIs may be selected from the Pool on the basis of criteria set 

from time to time by the Minister of Immigration, having regard to the objectives of the 

Skilled Migrant Category. Those criteria are specified at SM3.15.1. 

SM3.15.1 Additional selection criteria 

a. The following additional selection criteria apply for the purposes of SM3.15(d), for 

selections from the Pool occurring until 31 January 2013 inclusive. 

b. EOIs will be selected by applying the criteria in the order in which they appear in (i) – (iv), 

to the extent necessary to satisfy any exercise of the discretion under SM3.15 (d): 

i EOIs that include 15 points for work experience in an area of absolute skills shortage 

(in descending order of their points total); 

ii EOIs that include 10 points for work experience in an area of absolute skills shortage 

(in descending order of their points total); 

iii EOIs that include 10 points for a qualification in an area of absolute skills shortage (in 

descending order of their points total); 

iv the points total of EOIs not meeting any of the criteria in (i) – (iii) (in descending 

order). 


SM3.20 Currency of an Expression of Interest 

a. An EOI is current for a period of six months from the date of initial submission to the Pool 

unless no Pool selection of Expressions of Interest has occurred within that six-month 

period. Where this is the case, the Expression of Interest is current until such time as a 

selection from the Pool of Expressions of Interest has occurred. 

b. An EOI that is no longer current will be withdrawn from the Pool. 

c. An EOI will also be withdrawn from the pool if it is rejected after selection because it does 

not meet prerequisites for entry to the Pool and as a result no invitation to apply has been 

issued. 


SM3.25 Invitation to apply for a resident visa under the Skilled Migrant 

Category 

a. People whose Expressions of Interest (EOIs) have been selected from the Pool may be 

issued with an invitation to apply for a resident visa under the Skilled Migrant Category if: 

i the information provided does not indicate the presence of any health or character 

issues which may adversely affect their ability to be granted a resident visa under the 

Skilled Migrant Category; and 

ii an immigration officer considers that the person's claims in regard to points for 

employability and capacity building factors, English language ability, and any criteria 

set from time to time by the Minister of Immigration (see SM3.15.1) which were the 

basis for selection from the Pool are credible. 

b. An immigration officer may seek further evidence, information and submissions from a 

person whose EOI has been selected from the Pool, for the purpose of determining 

whether their claims are credible and whether there are any health or character issues 

which may adversely affect their ability to be granted a resident visa under the Skilled 

Migrant Category.


c. Whether, in any particular case, an EOI has been selected from the Pool, it may not result 

in an invitation to apply for a resident visa under the Skilled Migrant Category. 

Note: An immigration officer's decision to invite a person to apply for a resident visa under the 

Skilled Migrant Category (based on information evidence and submissions provided prior to 

application) does not guarantee: 

~ the points claimed by the applicant; or 

~ a positive assessment against health, character or English language requirements; 

in any subsequent application for a resident visa. 



SM4 SUMMARY OF REQUIREMENTS 

SM4.1 Ability to apply 

A person may only apply for a resident visa under the Skilled Migrant Category if: 

a. they have been issued with an invitation to apply under the Skilled Migrant Category; and 

b. they apply for a resident visa under the Skilled Migrant Category within four months of the 

date of the letter in which that invitation is made; and 

c. that invitation has not been revoked. 

SM4.5 Approval of applications under the Skilled Migrant Category 

a. Principal applicants under the Skilled Migrant Category are assessed against: 

i health, character and English language requirements; and 

ii employability and capacity building requirements; and 

iii settlement and contribution requirements. 

b. An application under the Skilled Migrant Category will be approved if: 


i the principal applicant and family members included in the application meet health and 

character, and English language requirements where required; and 

ii the principal applicant qualifies for the points for employability and capacity building 

factors on the basis of which their Expression of Interest was selected from the Pool; 

or 

iii the principal applicant meets the criteria set from time to time by the Minister of 

Immigration on the basis of which their Expression of Interest was selected from the 

Pool (see SM3.15.1); and 

iv the principal applicant is less than 56 years of age; and 

v the principal applicant is assessed as having the ability to successfully settle in and 

contribute to New Zealand; and 

vi all necessary verification of the application has been completed. 

c. Despite SM4.5(b)(ii) and (iii) above, if a principal applicant does not qualify for the points 

for employability and capacity building factors on the basis of which their Expression of 

Interest was selected from the Pool, or meet the criteria set from time to time by the 

Minister of Immigration on the basis of which their Expression of Interest was selected 

from the Pool (see SM3.15.1), an immigration officer may, on a case by case basis, 

determine that the application may nevertheless be approved, where: 

i the principal applicant has satisfied the immigration officer that there was a 

reasonable basis for making the claim for points in the Expression of Interest and that 

in making that claim there was no fraud or intent to deceive; and 

ii the points for which the principal applicant qualifies for employability and capacity 

building factors on the basis of which a subsequent selection was made, within the 

period of currency of their Expression of Interest; or 

iii the principal applicant meets the criteria set from time to time by the Minister of 

Immigration on the basis of which a subsequent selection was made (see SM3.15.1), 

within the period of currency of their Expression of Interest.


Note: Where SM4.5 (c) applies, officers may defer a decision on the application until such 

time as an Expression of Interest's currency (had it remained in the SMC Pool) expires. 

SM4.10 Health, character and English language requirements 

a. Applicants under the Skilled Migrant Category must meet health and character 

requirements (see A4 and A5). 


b. Applicants under the Skilled Migrant Category must meet a minimum standard of English 

or, where instructions allow pre-purchase ESOL tuition. 


SM4.15 Employability and capacity building requirements (SM7 to SM20) 

a. Employability and capacity building factors are assessed using a points system. 

b. An application for a resident visa under the Skilled Migrant Category will be declined if a 

principal applicant does not: 

i qualify for the points for employability and capacity building factors; or 

ii meet the criteria set from time to time by the Minister of Immigration (see SM3.15.1), 

on the basis of which their Expression of Interest was selected from the Pool, unless 

SM4.5(c) applies. 

c. An application for a resident visa under the Skilled Migrant Category will be declined if the 

principal applicant does not qualify for points for either work experience (see SM11) or 

qualifications (see SM14). 

SM4.20 Settlement and contribution requirements (SM21) 



a. Principal applicants are assessed to determine whether they have a demonstrated ability 

or have the ability to realise their potential, to successfully settle in and contribute to New 


b. Principal applicants who: 

i qualify for 50 points for an offer of skilled employment or current skilled employment 

in New Zealand for less than 12 months; or 

ii qualify for 60 points for current skilled employment in New Zealand for twelve months 

or more; or 

iii have undertaken full time study for at least two years in New Zealand that has 

resulted in the award of a Doctorate or Masters degree; 

have demonstrated the ability to successfully settle in and contribute to New Zealand. 

c. Principal applicants who do not have points for any of these factors will be further 

assessed. 

d. If, as a result of this further assessment, a principal applicant, despite not meeting the 

requirements of (b) above, is assessed as having a high potential to readily obtain skilled 

employment in New Zealand, they will be assessed as having demonstrated the ability to


successfully settle in and contribute to New Zealand. Their application for a resident visa 

may be approved subject to meeting any other relevant requirements. 

e. If, as a result of the further assessment, a principal applicant is assessed as having 

demonstrated they can realise their potential to successfully settle in and contribute to 

New Zealand, a decision on the resident visa application will be deferred and the principal 

applicant will be eligible for the grant of a work visa for the purpose of obtaining an offer 

of skilled employment in New Zealand that is ongoing. Principal applicants who obtain an 

offer of skilled employment during the deferral period will have their application for a 

resident visa approved. 

f. If, as a result of the further assessment, a principal applicant has not demonstrated they 

can realise their potential to successfully settle in and contribute to New Zealand, their 

application for a resident visa will be declined. 

SM4.25 Migrant levy 


Principal applicants approved-in-principle under the Skilled Migrant Category must deposit a 

Migrant Levy (see R5.90) when: 

a. their application is approved-in-principle, unless: 

b. the Levy has been paid prior to the principal applicant being granted a work visa for the 

purpose of obtaining an offer of skilled employment in New Zealand. 

SM4.30 Resident visa subject to conditions 


SM4.30.1 Resident visas may be subject to conditions 


a. A resident visa may be granted under the Skilled Migrant Category to a principal applicant 

(and any accompanying partner and dependent children) subject to conditions imposed 

under section 49(1) of the Immigration Act. 

b. Resident visas will be granted subject to conditions where SM4.30.10 and/or SM4.30.15 

below apply. 

SM4.30.5 Compliance with conditions 

When an applicant under this category satisfies an immigration officer that the conditions on 

their resident visa under section 49(1) have been complied with, those conditions will be 

cancelled and the officer will advise the applicant accordingly in writing. 

SM4.30.10 Offer of skilled employment or skilled employment for less than 3 months 

Where a resident visa is granted under the Skilled Migrant Category on the basis that the 

principal applicant qualifies for points for an offer of skilled employment in New Zealand or 

current skilled employment in New Zealand for less than three months (see SM7), the visa 

holder is subject to the following conditions: 

a. In the case of the principal applicant who: 

i has an offer of skilled employment - that they take up that offer of skilled employment 

within three months of their first entry to New Zealand as a resident (if the visa was 

granted offshore), or the grant of their resident visa (if the visa was granted in New


Zealand), and they remain in that employment (or another position of employment 

that meets the requirements for offers of skilled employment including requirements 

for bonus points if the offer of employment qualified for bonus points under SM8 or 

SM9), for a period of at least three months; or 

ii has current skilled employment in New Zealand for less than three months - that they 

remain in that employment (or another position of employment that meets the 

requirements for current skilled employment including requirements for bonus points 

if the employment qualified for bonus points under SM8 or SM9), for a period of at 

least three months; and 

iii that they inform the nearest branch of INZ of their residential address and any 

changes of residential address while they are subject to those requirements; and 

iv that they submit evidence to an immigration officer that, within five years of their first 

entry to New Zealand as a resident (if the visa was granted offshore), or the grant of 

their resident visa (if the visa was granted in New Zealand), the conditions set out 

above have been met. 

b. In the case of any accompanying partner and dependent child - that the principal applicant 

comply with the conditions to which they are subject. 

SM4.30.15 Where occupational registration subject only to interview by Medical or 

Dental Council 

Where a resident visa application is approved on the basis that the principal applicant is 

eligible for occupational registration under SM19.15(b)(ii) subject only to a satisfactory 

personal interview with a representative of the Medical or Dental Council on arrival in New 

Zealand, the visa holder is subject to the following conditions: 

a. In the case of the principal applicant - 

i that, within one month of their first entry to New Zealand as a resident (if the visa was 

granted offshore), or the grant of their resident visa (if the visa was granted in New 

Zealand), the applicant obtains full or provisional occupational registration in New 


ii that, within five years of the grant of their first entry to New Zealand as a resident (if 

the visa was granted offshore), or the grant of their resident visa (if the visa was 

granted in New Zealand), the applicant submits evidence to an immigration officer 

that requirement (i) above has been met. 

b. In the case of any accompanying partner and dependent child - that the principal applicant 

comply with the conditions to which they are subject. 

SM4.35 Compliance with conditions 


When the principal applicant has satisfied an immigration officer that they have met any 

conditions under section 49(1) in full, the immigration officer will cancel the conditions on their 

resident visa and the resident visa of any accompanying family members. 

SM4.40 Non-compliance with conditions 


If a principal applicant has not satisfied an immigration officer that any of the conditions 

imposed under section 49(1) of the Act have been complied with, the resident visa holder and 

their accompanying partner or dependent child will become liable for deportation. 



SM5 ENGLISH LANGUAGE REQUIREMENTS 

SM5.1 Aim and intent 

a. Principal applicants under the Skilled Migrant Category are required to meet a minimum 

standard of English to enable successful settlement and skilled employment in New 


b. Non-principal applicants (partners and dependent children aged 16 and older who are 

included in Skilled Migrant Category applications) are required to meet a minimum 

standard of English or to pre-purchase ESOL training, to enable successful settlement in 



SM5.5 Minimum standard of English language for principal applicants 


a. Applications under the Skilled Migrant Category must be declined if the principal applicant 

has not met the minimum standard of English. 

b. Principal applicants under the Skilled Migrant Category meet the minimum standard of 

English if they provide a Test Report Form (no more than 2 years old at the time the 

application is lodged) from the International English Language Testing System (IELTS), 

showing they achieved an overall band score of at least 6.5 in the IELTS General or 

Academic Module. 

c. Notwithstanding (b) above, an immigration officer may, on a case by case basis, consider 

the following as evidence of the principal applicant meeting the minimum standard of 

English if: 

i they provide evidence that their recognised qualification(s): 

was gained as a result of a course or courses of study in which English was the only 

medium of instruction; and 

(if that qualification was gained in New Zealand) the qualification had a minimum 

completion time of at least two years and is at least a bachelor degree or it is a 

post-graduate qualification and the applicant has an undergraduate qualification that 

qualifies for points; or 

ii they have current skilled employment in New Zealand for a period of at least 12 

months that qualifies for points (see SM7); or 

iii they provide other evidence which satisfies an immigration officer that, taking account 

of that evidence and all the circumstances of the application, they are a competent 

user of English. These circumstances may include but are not limited to: 




whether the applicant speaks any language other than English; 

whether members of the applicant's family speak English; 

whether members of the applicant's family speak any language other than English; 

the nature of the applicant's current or previous employment (if any) and whether 

that is or was likely to require skill in English language; 


those qualifications was likely to require skill in the English language. 

d. In any case, an immigration officer may require an applicant to provide an IELTS 

certificate in terms of paragraph (b). In such cases, the IELTS certificate will be used to 

determine whether the principal applicant* meets the minimum standard of English.


Note: Full consideration must be given to all evidence of English language ability provided 

before a decision to request an IELTS certificate under SM5.5 (d) is made. If an IELTS 

certificate is requested the reason(s) behind the decision must be clearly documented and 

conveyed to the applicant. 

SM5.10 English language requirements for non-principal applicants 


a. Unless SM5.15 applies, partners and dependent children aged 16 and older, who are 

included in Skilled Migrant Category applications, must: 

i show that they meet a minimum standard of English to enable successful settlement in 

New Zealand; or 

ii pre-purchase ESOL training; or 

iii provide other evidence which satisfies a visa or immigration officer that, taking 

account of that evidence and all the circumstances of the application, they are a 

competent user of English (see SM5.5 (c)(iii)). 

b. Non-principal applicants meet the minimum standard of English if: 

i they provide a Test Report Form (no more than 2 years old at the time the application 

is lodged) from IELTS, showing they achieved an overall band score of at least 5 in the 

IELTS General or Academic Module; or 

ii (if they are the partner of a principal applicant), they have current skilled employment 

in New Zealand for a period of at least 12 months that qualifies for points (see SM10); 

or 

iii they provide evidence of one of the following: 

completion of all primary education and at least 3 years of secondary education 

(that is, the equivalent of New Zealand Forms 3 to 5 or years 9 to 11) at schools 

using English as the language of instruction; 

completion of at least 5 years of secondary education (that is, the equivalent of New 


instruction; 

completion of a course of at least 3 years duration leading to the award of a tertiary 

qualification at institutions using English as the language of instruction; 

that the applicant holds General Certificate of Education (GCE) "A" Levels from 

Britain or Singapore with a minimum C pass (the passes must specifically include the 

subjects English Language or Literature, or Use of English); 

that the applicant holds International Baccalaureate – full Diploma in English 

Medium; 

that the applicant holds Cambridge Certificate of Proficiency in English – minimum C 

pass; 

that the applicant holds Hong Kong Advanced Level Examinations (HKALE) including 

a minimum C pass in Use of English; 

that the applicant holds STPM 920 (Malaysia) – A or B pass in English Literature; 

that the applicant holds University of Cambridge in collaboration with University of 

Malaya, General Certificate of English (GCE) "A" levels with a minimum C pass. The 

passes must specifically include the subjects English or General Paper; 

that the applicant holds South African Matriculation Certificate, including a minimum 

D pass in English (Higher Grade); 

that the applicant holds South African Senior Certificate, including a minimum D 

pass in English (Higher Grade), endorsed with the words 'matriculation exempt'; 

that the applicant holds a New Zealand Tertiary Entrance Qualification gained on 

completing the seventh form.


c. In any case, an immigration officer may require an applicant to provide an IELTS 

certificate in terms of paragraph (b)(i). In such cases, the IELTS certificate will be used to 

determine whether the applicant meets the minimum standard of English. 

SM5.15 English language requirements for partners where... 


SM5.15 English language requirements for partners where bonus points are claimed 

for the partner's skilled employment or recognised qualifications 

A partner's skilled employment in New Zealand (see SM10) or recognised qualifications (see 

SM17), only qualify for points if the partner meets the English language requirements for 

principal applicants (see SM5.5). 

SM5.20 Pre-purchase of ESOL tuition 


SM5.20 Effective 07/11/2011 

SM5.20 Effective 29/11/2010 


a. Instead of meeting the minimum standard of English, non-principal applicants may prepurchase 

ESOL tuition. ESOL tuition must be pre-purchased from TEC (Tertiary Education 

Commission) by paying the required charge to INZ (who collect this charge on behalf of 

TEC). 

b. Applicants must pay any ESOL charge due, sign the ESOL Agreement and return it to INZ 

within the time specified by INZ before a resident visa is granted. 

SM5.20.1 TEC to arrange ESOL tuition 


ESOL tuition charge. This does not include the INZ and TEC administration costs. 





SM5.20.5 Applicant's agreement with TEC 

a. Each applicant who pre-purchases ESOL tuition must sign an Agreement with TEC by 

which they agree, among other things, that they understand the rules for taking up ESOL 

tuition in New Zealand and the refund provisions. 

b. The content of the Agreement is determined by INZ and TEC. 



SM5.20.10 Completion of Agreement 

a. When an application for a resident visa is approved in principle, applicants will be given 2 

copies of the Agreement to complete for each person in the application undertaking the 

English language training.



copy is returned to INZ processing office with the tuition fee(s). 




SM5.20.15 The amount of ESOL tuition to be pre-purchased by non-principal 

applicants 






5 


4.5 


4 

NZ$1,735 NZ$1,531.82 

NZ$3,420 NZ$3,063.64 

NZ$5,110 NZ$4,600.00 

Less than 3.5 NZ$6,795 NZ$6,131.82 

b. The charge includes the applicant's ESOL tuition entitlement, as well as the INZ and TEC 

administration costs. 



SM5.20.20 Failure to pre-purchase ESOL tuition 

Any ESOL tuition charge due must be paid before the grant of a resident visa. If it is not paid 

to the INZ within the specified time, the resident visa application must be declined. 

SM5.20.25 Limited period to use ESOL tuition 

a. If ESOL tuition is purchased, the applicant must complete the tuition within 5 years from 



applicants who do not take up ESOL tuition within the time limits specified in paragraph 

(a). 

SM5.20.27 Extension of period to complete ESOL tuition 

Applicants who have pre-purchased ESOL tuition: 

a. in New Zealand on or after 31 March 2005 and prior to 31 March 2008; or 

b. outside New Zealand on or after 31 September 2004 and prior to 31 March 2008 

will have up to 5 years from the date of payment to complete the tuition.


SM5.20.30 Refunds of ESOL tuition money 


children do not take up residence, a refund may be granted upon request to INZ. The 

request must be made in writing. 



c. Immigration officers considering requests for refunds must be satisfied that the principal 

applicant and partner and dependent children included in the application: 

i have not entered New Zealand as residents; and 

ii do not hold resident visas with current travel conditions. 

d. The person who paid the fee will be refunded only the ESOL entitlement. INZ and TEC 




SM6 SUMMARY OF POINTS FOR EMPLOYABILITY AND CAPACITY 

BUILDING FACTORS 

See previous instructions SM6 Effective 29/11/2010 

Employability and Capacity Building 

Factors 

Skilled employment: 

Points Criteria 

• Current skilled employment in NZ for 12 months or 

more 

• Offer of skilled employment in New Zealand or 

current skilled employment in New Zealand for less 

than 12 months 

Bonus points for employment or offer of employment in: 

60 SM7 

50 SM7 

• An identified future growth area 10 SM8 

• An area of absolute skills shortage 10 SM8 

• Region outside Auckland 10 SM9 

• Partner employment or offer of employment 20 SM10 

Work experience: 

• 2 years 10 SM11 

• 4 years 15 

• 6 years 20 

• 8 years 25 

• 10 years 30 

Additional bonus points if work experience in New 


• 1 year 5 

• 2 years 10 

• 3 years or more 15 

Additional bonus points for work experience in an 

identified future growth area: 

• 2 to 5 years 10 


Additional bonus points for work experience in an area of 

absolute skills shortage: 

• 2 to 5 years 10 


Qualifications: 

• Recognised level 4-6 qualification (e.g. trade 

qualification, diploma) 

• Recognised level 7 or 8 qualification (e.g bachelors 

degree, bachelors degree with Honours) 

SM12 

SM13 

40 SM14 

50


• Recognised level 9 or 10 post-graduate qualification 

(Masters degree, Doctorate) 

Bonus points for: 

• 2 years of full-time study in New Zealand completing 

a recognised bachelor degree (level 7) New Zealand 

qualification 

• 1 year of full-time study in New Zealand completing a 

recognised post-graduate New Zealand qualification 

• 2 years of full-time study in New Zealand completing 

a recognised post-graduate New Zealand qualification 

60 

10 SM15 

10 SM15 

15 SM15 

• Qualification in an identified future growth area 10 SM16 

• Qualification in an area of absolute skill shortage 10 SM16 

• Partner qualifications 

– recognised level 4-6 qualification 

10 

SM17 

– recognised level 7 + qualification 20 SM17 

• Close family support in New Zealand 10 SM20 

Age (20 to 55 yrs): 

• 20-29 30 SM18 

• 30-39 25 

• 40-44 20 

• 45-49 10 

• 50-55 5 



SM7 SKILLED EMPLOYMENT 


a. The aim of providing points for skilled employment is: 

i to facilitate access by New Zealand employers and industry to global skills and 

knowledge; and 

ii to recognise that people who have skilled employment in New Zealand are well 

positioned to meet New Zealand's needs and opportunities and more quickly achieve 

positive settlement outcomes. 

Note: The aim of providing points for skilled employment is not met by a person undertaking 

employment in their own business rather than for a third party. People wishing to obtain 

residence by establishing and operating their own business in New Zealand should apply under 

the Business categories. 

SM7.5 Points for skilled employment 


a. A principal applicant's current skilled employment in New Zealand for a period of at least 

twelve months qualifies for sixty points. 

b. A principal applicant's: 

i offer of skilled employment in New Zealand; or 

ii current skilled employment in New Zealand for a period of less than twelve months, 

qualifies for fifty points. 

SM7.10 Skilled Employment 



a. Skilled employment is employment that requires specialist, technical or management 

expertise obtained through: 

i the completion of recognised relevant qualifications; or 

ii recognised relevant work experience (see SM7.10.15 below); or 

iii the completion of recognised relevant qualifications and work experience. 

b. Assessment of whether an occupation is skilled for the purposes of the Skilled Migrant 

Category (SMC) is primarily based on the Australian and New Zealand Standard 

Classification of Occupations (ANZSCO) which associates skill levels with each occupation. 

Note: The ANZSCO is available at www.immigration.govt.nz/ANZSCO 

SM7.10.1 Assessment of whether employment is skilled 

An offer of employment or current employment in New Zealand will be assessed as skilled if it 

meets the requirements of (a), (b) or (c) below. 

a. The occupation is included in part A of the List of Skilled Occupations held at Appendix 6 

and the principal applicant can demonstrate that their offer of employment or current 

employment substantially matches the description for that occupation (including core 

tasks) as set out in the ANZSCO and:


i the applicant holds a relevant recognised qualification which is at, or above, the 

qualification level on the NZQF (see SM14.5) that corresponds to the indicative skill 

level described for that occupation in the ANZSCO; or 

ii the applicant has the relevant recognised work experience that the ANZSCO indicates 

may substitute the required qualification; or 

iii the employment is in an occupation included on the Long Term Skill Shortage List and 

the applicant meets the relevant requirements specified in column three of the Long 

Term Skill Shortage List for that occupation. 

iv notwithstanding (a) (ii), applicants with Skill Level One Occupations can substitute the 

required qualification with five years of relevant work experience. 

b. The occupation is included in part B of the List of Skilled Occupations held at Appendix 6 



tasks) as set out in the ANZSCO and: 

i the applicant holds a relevant recognised qualification which is at, or above, level four 

on the NZQF (see SM14.5) (a qualification at level four on the NZQF must be a 

National Certificate or a New Zealand Certificate); or 

ii has the relevant recognised work experience that the ANZSCO indicates may 

substitute the required qualification; or 

iii the employment is in an occupation included on the Long Term Skill Shortage List and 

the applicant meets the relevant requirements specified in column three of the Long 

Term Skill Shortage List for that occupation. 

c. The occupation is included in part C of the List of Skilled Occupations held at Appendix 6 



tasks) as set out in the ANZSCO and has either: 

i at least three years of relevant recognised work experience and a relevant recognised 

qualification which is at, or above, level four on the NZQF (see SM14.5) (a 

qualification at level four on the NZQF must be a National Certificate or a New Zealand 

Certificate); or 

ii at least three years of relevant recognised work experience and that current 

employment or the position in which the employment is offered, has an annual base 

salary of at least NZ$45,000.Note: For the avoidance of doubt, the annual base salary 

excludes employment related allowances (for example overtime, tool or uniform 

allowances, medical insurance, accommodation) and must be calculated on the basis 

of 40 hours' work per week. 

d. Where a principal applicant's offer of employment or current employment in New Zealand 

does not meet the requirements of (a), (b), or (c) above they may nevertheless qualify for 

points for skilled employment if: 

i their employment in the occupation will enhance the quality of New Zealand's 

accomplishments and participation in that occupational area because the principal 

applicant has an international reputation and record of excellence in that field; and 

ii the required expertise for the occupation has been gained through relevant recognised 

qualifications or work experience. 

SM7.10.3 Occupations awarded points for skilled employment as an exception 

A principal applicant's offer of employment or current employment in New Zealand also 

qualifies for skilled employment points if:


a. it is in an occupation included in the list of occupations held at Appendix 7 (Occupations 

Treated as Exceptions); and 

b. the principal applicant can demonstrate that their offer of employment or current 


tasks) as set out in the ANZSCO and has either: 

i a relevant qualification which is at, or above, the qualification level on the New 

Zealand Qualification Framework (see SM14.5) that corresponds to the indicative skill 

level described for that occupation in the ANZSCO; or 

ii the relevant work experience that the ANZSCO indicates may substitute the required 

qualification. 

SM7.10.5 Relevance of qualification(s) to employment 

Qualifications are relevant to employment if: 

a. the major subject area of the principal applicant's recognised qualification is directly 

applicable to the employment; and/or 

b. an immigration officer is satisfied that the qualification was a key factor in the employer's 

decision to employ the principal applicant in that position. 

Note: For the purposes of this provision, 'qualifications' must meet the requirements for 

recognition set out in SM14.5 (except where SM7.10.3 applies) but are not required to be the 

same qualification(s) that qualifies for points under the Qualifications part of these instructions 

(see SM14). 

SM7.10.10 Relevance of work experience to employment 

Work experience is relevant to employment if the employer considers, and an immigration 

officer is satisfied that: 

a. the work experience is directly applicable to the employment; and/or 

b. the offer of employment could not reasonably have been made or the employment could 

not reasonably have been undertaken if the applicant did not have that work experience. 

SM7.10.15 Recognised work experience 

a. Work experience will be recognised if an immigration officer is satisfied that the principal 

applicant's work experience has been lawfully obtained. 

b. Work experience will not be recognised if it was gained while in a country where the 

principal applicant was either an unlawful resident or required authority to undertake 

employment, but did not have such authority. 

SM7.15 Additional requirements for skilled employment 

a. Skilled employment only qualifies for points if the employment is: 


i full time (employment is full-time if it amounts to, on average, at least 30 hours per 

week); and 

ii genuine; and


iii for a position that is paid by salary or wages or in terms of a contract for service 

(payment by commission and/or retainer are not acceptable), and 

iv accompanied by evidence of full or provisional registration, or evidence of eligibility for 

registration by the New Zealand Medical or Dental Council subject only to an interview 

with the relevant registration authority on arrival, if full or provisional registration is 

required by law to undertake the employment (see SM19.20); and 

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 

application or a work to residence application. 

v the employment was not offered as a result of payment made by the applicant (or 

their agent) to the employer (or their agent) in exchange for securing that offer of 

employment. Such practices are contrary to the principles of the Wages Protection Act 

1983, as well as to immigration instructions. 

Note: To determine whether an offer of employment is skilled, an immigration officer may consider whether the remuneration offered for the position is 

comparable to the market rate for New Zealand workers in that occupation. 

b. Employment must be ongoing and sustainable. Ongoing and sustainable employment is: 

i an offer of employment or current employment with a single employer and permanent, 

or indefinite, or for a stated term of at least twelve months with an option for the 

employee of further terms, and of which the employer is in a position to meet the 

terms specified; or 

ii employment on a contract basis where the applicant: 

has a consistent history of contract work, and 

has a current contract for services, and 

INZ is satisfied that such contract work is likely to be sustained. 

Note: When assessing whether employment is sustainable, officers may consider, but are 

not limited to, such factors as the residence status of the employer, the period for which 

the employing organisation has been established as a going concern, and the financial 

sustainability of the employing organisation. 

c. In the case of independent midwife practitioners a letter of authority to claim under the 

Maternity Notice pursuant to Section 88 of the New Zealand Public Health and Disability 

Act 2000 as well as evidence of admission to the New Zealand Register of Midwives will 

satisfy the requirements of SM7.5(b), SM7.15(a)(i),(ii) and (iii), SM7.15(b), and can be 

used to satisfy the requirements of SM4.30.10(a)(i). 

SM7.20 Requirements for employers 


a. All employers wishing to employ non-New Zealand citizens or residents must comply with 

all relevant employment and immigration law in force in New Zealand. Compliance with 

relevant New Zealand employment and immigration law includes, but is not limited to: 

i paying employees no less than the appropriate minimum wage rate or other 

contracted industry standard; and 



iii only employing people who have authority to work in New Zealand. 

b. To qualify for points, skilled employment must be with an employer who has good 

workplace practices, including a history of compliance with all immigration and 

employment laws such as the Immigration Act, the Injury Prevention, Rehabilitation and 

Compensation Act, the Minimum Wage Act, the Health and Safety in Employment Act, the 

Employment Relations Act and the Holidays Act.


c. Current employment or an offer of employment does not qualify for points if it is not 

compliant with all relevant immigration and employment laws in force in New Zealand or if 

INZ considers that the employment of the applicant creates unacceptable risks to the 

integrity of New Zealand's immigration or employment laws, policies or instructions. 

Note: To determine whether an offer of employment creates an unacceptable risk to the 

integrity of New Zealand's immigration and employment laws, policies or instructions an 

immigration officer may consider whether the remuneration offered for the position is 

comparable to the market rate for New Zealand workers in that occupation. 



SM8 BONUS POINTS: EMPLOYMENT IN AN IDENTIFIED FUTURE 

GROWTH AREA OR AREA OF ABSOLUTE SKILLS SHORTAGE 

SM8.1 Aims and intent 

The aim of providing bonus points for skilled employment in an identified future growth area or 

an area of absolute skills shortage is to recognise that New Zealand's short and longer term 

economic development can be facilitated by those migrants with skills that will contribute to 

New Zealand's economic growth. 


SM8.5 Points for employment in an identified future growth area or area of 

absolute skills shortage 

An offer of skilled employment or current skilled employment in New Zealand in an identified 

future growth area or an area of absolute skills shortage qualifies for 10 points. 

SM8.10 Employment in an identified future growth area 


a. As future growth areas are identified they will be listed in this provision. For the purposes 

of these instructions, currently identified future growth areas are as follows: 

• Biotechnology 

• Information Communications Technology 

• Creative industries (Advertising, Software & Computing Services, Publishing, TV and 

Radio, Film and Video, Architecture, Design, Designer Fashion, Music and Performing 

Arts, Visual Arts). 

b. Skilled employment in one of the identified future growth areas set out above will only 

qualify for points if the principal applicant provides confirmation from their employer, and 

an immigration officer is satisfied, that their current employment or offer of employment is 

in one of those identified future growth areas. 

SM8.20 Employment in an area of absolute skills shortage 


a. A principal applicant is assessed as having employment in an area of absolute skills 

shortage if: 

i they are employed in an occupation included on the Long Term Skill Shortage List 

(refer Appendix 4) or that was on the Long Term Skill Shortage List at the time their 

Expression of Interest was selected; and 

ii the current employment or offer of employment meets the specifications for that 

occupation; and 

iii they are suitably qualified by training and/or experience to undertake the employment 

or offer of employment (including any specific requirements set out on the Long Term 

Skill Shortage List or that were listed on the date their Expression of Interest was 

selected). 

b. Skilled employment in an area of absolute skills shortage only qualifies for points if a 

principal applicant provides evidence that their employment or offer of employment meets 

the requirements of (a) above. 



SM9 BONUS POINTS: EMPLOYMENT OUTSIDE THE AUCKLAND 

REGION 


The aim of providing bonus points for employment outside the Auckland region is to enhance 

the ability of other regions to utilise immigration to support regional economic development. 

SM9.5 Bonus points for employment outside the Auckland region 



Current skilled employment or an offer of skilled employment outside the Auckland region 

qualifies for ten points. 

SM9.10 Definition: Employment outside the Auckland region 


See also Health and Safety in Employment Act 1992 s 2 


Employment is outside the Auckland region if the principal applicant's entire or principal place 

of work (as defined in section 2 of the Health and Safety in Employment Act 1992) is not 

within the territories covered by the Auckland Council. 

Note: The Health and Safety in Employment Act 1992 defines a 'place of work' as meaning a 

place (whether or not within or forming part of a building, structure, or vehicle) where any 

person is to work, for the time being works, or customarily works, for gain or reward; and, in 

relation to an employee, includes a place, or part of a place, (not being domestic 

accommodation provided for the employee): 

~ Where the employee comes or may come to eat, rest or get first aid or pay; or 

~ Where the employee comes or may come as part of the employee's duties to report in or 

out, get instructions, or deliver goods or vehicles; or 

~ Through which the employee may or must pass to reach a place of work. 

SM9.15 Evidence 


If requested by an immigration officer, principal applicants must provide evidence that their 

place of work is entirely or principally outside the Auckland region. 



SM10 BONUS POINTS: PARTNER'S SKILLED EMPLOYMENT IN 

NEW ZEALAND 


The aim of providing bonus points for a partner's skilled employment is to recognise such 

employment as an indicator of the likely contribution of the whole migrating family. 

SM10.5 Points for partner's skilled employment in New Zealand 


A partner's offer of skilled employment or current skilled employment in New Zealand qualifies 

for 20 points. 

SM10.10 Award of points 


A partner's offer of skilled employment or current skilled employment in New Zealand only 

qualifies for points under this provision if: 

a. the partner's offer of skilled employment or current skilled employment meets the 

requirements for 'skilled employment' as set out in SM7; and 

b. the principal applicant's partner is included in the application; and 

c. the partner meets the English language requirements for principal applicants (see 

SM5.15); and 

d. an immigration officer is satisfied that the principal applicant and their partner have been 

living together for 12 months or more in a partnership that is genuine and stable (see 

F2.10.1) and otherwise meets criteria for Partnership Category (see F2.15). 



SM11 WORK EXPERIENCE 


The aim of providing points for work experience is to recognise the importance of skills and 

experience gained through previous employment that: 

• are readily transferable; 

• will enable migrants to obtain skilled employment in New Zealand; and 

• will enhance migrants' ability to contribute to New Zealand economically and socially. 


SM11.5 Points for recognised work experience 

Recognised work experience qualifies for points as set out below: 

2 years 10 points 





Points are calculated on the basis of every two complete years of work experience up to a 

maximum of ten years. 

Example: Three years of recognised work experience qualifies for ten points. 

SM11.10 Requirements for recognition 


Work experience is recognised and qualifies for points if it meets the requirements set out at 

(a) and (b) below: 

a. An immigration officer must be satisfied that work experience is: 

i relevant to the principal applicant's current skilled employment in New Zealand or 

offer of skilled employment in New Zealand (see SM7); or 

ii relevant to the principal applicant's recognised qualification (see SM14); or 

iii skilled, because it required, or enabled the principal applicant to gain specialist, 

technical or management skills and experience relevant to an occupation that is 

included in the lists of occupations held at Appendix 6 or Appendix 7. 

b. Work experience must also have been gained in a labour market that is comparable to the 

New Zealand labour market unless: 

i the work experience meets the requirements set out at SM13.20 for work experience 

in an area of absolute skills shortage; or 

ii the principal applicant has current skilled employment in New Zealand or an offer of 

skilled employment in New Zealand (see SM7). 

SM11.10.1 Definition: Comparable labour market 

a. Work experience is assessed as being in a comparable labour market if it was undertaken 

in one of the following countries by:


i a citizen or permanent resident of that country; or 

ii a person who had the lawful authority to work in that country. 

Australia Malaysia 

Austria New Zealand 

Belgium-Luxembourg Netherlands 

Canada Norway 

Cyprus Philippines 

Denmark Portugal 

Finland Republic of South Korea 

France Singapore 

Germany South Africa 

Greece Spain 

Iceland Sweden 

Ireland Switzerland 

Israel United Kingdom 

Italy United States 

Japan 

b. Work experience undertaken in a country not listed at (a) above will be assessed as being 

in a comparable labour market only if it was undertaken for a multinational commercial 

entity (including a wholly or majority owned subsidiary of such an entity that bears the 

same core name as the parent company) domiciled in one of the countries listed in (a) 

above. 

SM11.10.5 Relevance of work experience to qualifications 

Work experience is relevant to a principal applicant's recognised qualification if an immigration 

officer is satisfied that the qualification was: 

a. an important factor in the principal applicant being able to obtain work or continue or 

advance in the position or field of work in which they have experience; or 

b. an important factor in a career path that has advanced progressively from the principal 

applicant's pre-qualification work experience. 

SM11.10.10 Relevance of work experience to an offer of skilled employment in New 


Work experience is relevant to a principal applicant's offer of skilled employment in New 

Zealand if an employer considers, and an immigration officer is satisfied that: 

a. the work experience is directly applicable to the employment offered; and/or


b. the offer of employment could not reasonably have been made if the principal applicant 

did not have that work experience. 

SM11.15 Additional requirements for recognition of work experience 


a. Work experience only qualifies for points if an immigration officer is satisfied that the 

principal applicant's work experience is lawfully obtained. 

b. Work experience will not be recognised if it was gained while in a country where the 

principal applicant was either an unlawful resident or required authority to undertake 

employment, but did not have such authority. 

SM 11.15.1 Part-time work 

a. Calculation of levels of work experience must be for complete weeks based on a 30-hour 

week. 

b. Credit is given for 30-hour weeks only, even though a principal applicant has worked more 

than 30 hours in any week. 

Example: Fifty-two 60-hour weeks are equal to one years work experience. 

c. Credit for part-time work experience may be given on a proportional basis. 

Example: Four years work experience for 15 hours per week is equal to 2 years work 

experience for a 30-hour week, and therefore qualifies for 10 points. 



Principal applicants must provide evidence and information that satisfies an immigration officer 

that their work experience meets the requirements for recognition. 



SM12 BONUS POINTS: WORK EXPERIENCE IN NEW ZEALAND 


The aim of providing bonus points for work experience in New Zealand is to recognise that 

such experience enhances: 

• understanding of the New Zealand labour market; 

• ability to gain skilled employment; and 

• ability to achieve positive settlement outcomes 

SM12.5 Points for recognised work experience in New Zealand 

Recognised work experience in New Zealand qualifies for points as follows: 

1 year 5 points 


3 years or more 15 points 


Note: The requirements for recognised work experience are set out in SM11.10 and SM11.15. 



SM13 BONUS POINTS: WORK EXPERIENCE IN AN IDENTIFIED 

FUTURE GROWTH AREA OR AN AREA OF ABSOLUTE SKILLS 

SHORTAGE 


The intent of providing bonus points for work experience in an identified future growth area or 

an area of absolute skills shortage is to ensure that those skilled migrants who can contribute 

significantly to the identified growth areas in New Zealand are given some recognition for that 

potential specific contribution. 


SM13.5 Points for recognised work experience in an identified future growth 

area or area of absolute skills shortage 

Recognised work experience in an identified future growth area or an area of absolute skills 

shortage qualifies for points as follows: 

2-5 years 10 points 

6 years or more 15 points 

Note: To qualify for bonus points, work experience must meet the requirements as set out at 

SM11.10. 

SM13.10 Work experience in an identified future growth area 


Recognised work experience in an identified future growth area qualifies for points if: 

a. the principal applicant has points for current skilled employment or an offer of skilled 

employment in an identified future growth area (see SM8.10); and 

b. the experience is relevant to that employment (see SM7.10.10). 

SM13.10.1 Evidence 

Recognised work experience in an identified future growth area only qualifies for bonus points 

if the principal applicant provides evidence that satisfies an immigration officer that their work 

experience meets the requirements of SM13.10 above. 

SM13.20 Work experience in an area of absolute skills shortage 



a. Recognised work experience is assessed as being in an area of absolute skills shortage if: 

i it was undertaken in an occupation included on the Long Term Skill Shortage List 

(refer Appendix 4) or that was on the Long Term Skill Shortage List at the time the 

principal applicant’s Expression of Interest was selected; and 

ii it meets the specifications for that occupation; and 

iii the principal applicant is suitably qualified by training and/or experience to undertake 

that work (including any specific requirements set out in column 3 of the Long Term 

Skill Shortage List or that were listed on the date their Expression of Interest was 

selected).


b. Where the Long Term Skill Shortage List specifies that occupational registration is required 

for a listed occupation, the principal applicant must demonstrate that they: 

i held occupational registration while undertaking the work experience, if occupational 

registration was required in the country in which the work occurred; and 

ii hold current full or provisional New Zealand occupational registration, or meets the 

requirements of SM19.15.b.ii if registration is required from the New Zealand Medical 

or Dental Council. 


Recognised work experience in an area of absolute skills shortage only qualifies for points if 

the principal applicant provides evidence that satisfies an immigration officer that their work 

experience meets the requirements of SM13.20 above. 



SM14 RECOGNISED QUALIFICATIONS 


The aim of providing points for qualifications is to recognise the importance of qualifications as 

an indicator of ability to obtain skilled employment in New Zealand and to increase New 

Zealand's capability. 

SM14.5 Recognition of qualifications 



Subject to SM14.10.5 and SM14.10.10, a recognised qualification is a qualification that an 

immigration officer is satisfied occupies a level on the New Zealand Qualifications Framework 

(NZQF) which qualifies it for points by reference to: 

a. the level that the qualification(s) occupies on the NZQF as assessed by the New Zealand 

Qualifications Authority (NZQA); or 

b. the level that the qualification(s) occupies on the NZQF as set out in the List of 

Qualifications Recognised as an Exception (see Appendix 8); or 

c. the level that the qualification(s) occupies on the NZQF as set out in the List of 

Qualifications Exempt from Assessment (see Appendix 3); or 

d. the level that the qualification(s) occupies on the NZQF having regard to the full or 

provisional registration of the principal applicant by a New Zealand organisation authorised 

by law to give occupational registration, if that registration involves an assessment that 

the principal applicant's overseas qualification(s) is comparable with a New Zealand 

qualification that is included in the List of Qualifications Exempt from Assessment. 

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 application or a work to residence 

application. 

~ For teachers, 'provisional' registration includes both 'provisional' and 'subject to 

confirmation' registration. 

~ The NZQF is available at www.nzqf.govt.nz. 

SM14.10 Points for recognised qualifications 


SM14.10 Effective 25/07/2011 

SM14.10 Effective 04/04/2011 

SM14.10 Effective 29/11/2010 

Qualifications are recognised and qualify for points as follows: 


a. Qualifications assessed as occupying levels nine and ten on the NZQF qualify for 60 points. 

b. Qualifications assessed as occupying levels seven, or eight on the NZQF qualify for 50 

points. 

c. Qualifications assessed as occupying level five or six on the NZQF qualify for 40 points.


d. Qualifications assessed as occupying level four on the NZQF qualify for 40 points by 

inclusion in the List of Qualifications Exempt from Assessment (see Appendix 3) if they 

meet the requirements specified in that list. 

e. Qualifications assessed as occupying level four on the NZQF qualify for 40 points if they 

are assessed by the NZQA and are: 

i relevant to an occupation listed at part B or part C of the List of Skilled Occupations 

(see Appendix 6); and 

ii not included on the list of Excluded Qualifications (see SM14.10.5). 

f. Qualifications assessed as occupying level three on the NZQF that are included on the List 

of Qualifications Recognised as an Exception (see SM14.10.10), and meet the 

requirements specified in that list, qualify for 40 points. 

g. Points are provided for: 

i one qualification only; or 

ii two or more qualifications assessed in combination. 

Note: Points for recognised qualifications are not cumulative. A principal applicant may qualify 

for only 40, 50, or 60 points. For example, if an applicant has two level nine qualifications on 

the NZQF they may still only qualify for 60 points. 

Note: A qualification will not be recognised if gained while in a country where the principal 

applicant was either an unlawful resident or required authority to study, but did not have such 

authority. 

SM14.10.1 New Zealand qualifications 

Despite SM14.10, SM14.10.5 and SM14.10.10, a New Zealand qualification at levels three, 

four, five or six on the NZQF qualifies for 50 points if: 

a. it would have met the requirements for the award of points under the Skilled Migrant 

Category that was in effect on 24 July 2011; and 

b. the principal applicant completed the qualification before 25 July 2011 or the principal 

applicant had commenced a course of study, resulting in the qualification for which they 

are claiming points, on 24 July 2011. 

SM14.10.5 Excluded qualifications 

The qualifications listed below are excluded from recognition under the Skilled Migrant 

Category and do not qualify for points. This list may be amended by the deletion or addition of 

qualifications from time to time, as approved by the Minister of Immigration. 

• Level four qualifications that are not a National Certificate or a New Zealand Certificate (or 

compared to a National Certificate or a New Zealand Certificate by the NZQA). 

• Any English for Speakers of Other Languages (ESOL) qualification. 

Note: Immigration officers must ensure that the qualification is a National Certificate or a New 

Zealand Certificate (Level 4) or comparable to a National Certificate or a New Zealand 

Certificate (Level 4) and may refer to the following for confirmation: 

~ the www.nzqf.govt.nz website, 

~ written confirmation provided by the New Zealand Qualifications Authority (NZQA) to the 

Tertiary Education Provider confirming the qualification is a National Certificate, 

~ a NZQA International Qualification Assessment (IQA); or 

~ a NZQA Qualifications Assessment Report (QAR).


SM14.10.10 Qualifications recognised as an exception 

a. The qualifications included in the list held at Appendix 8 are recognised for the award of 

points as an exception under the Skilled Migrant Category. 

b. Qualifications in this list, awarded by an institution included in this list, do not require 

assessment by the New Zealand Qualifications Authority. 




a. Principal applicants under the Skilled Migrant Category must submit their qualifications 

and provide a NZQA assessment (Pre Assessment Result (PAR), International Qualification 

Assessment (IQA) or Qualifications Assessment Report (QAR) (see SM14.35)) unless: 

i their qualification(s) is included in the List of Qualifications Exempt from Assessment; 

or 

ii their qualification(s) is included in the List of Qualifications Recognised as an 

Exception; or 

iii they have been awarded full or provisional registration by a New Zealand organisation 

authorised by law to give occupational registration, and registration involves an 

assessment that their overseas qualification(s) is comparable with a New Zealand 

qualification that is included in the List of Qualifications Exempt from Assessment. 

Note: From 27 June 2008 the Qualifications Assessment Report (QAR) has been renamed 'International Qualification Assessment' (IQA). Both IQAs and QARs 

are acceptable as evidence to determine whether a qualification will qualify for points. 

b. If an NZQA assessment is required for an overseas qualification, a PAR is suitable for 

lodgement of an application under the Skilled Migrant Category, but a QAR or IQA will be 

required to determine whether a qualification (or group of qualifications) will qualify for 

points. 

c. Applicants with New Zealand qualifications should provide evidence of the level of that 

qualification by submitting a 'Qualification Overview' report with their qualification. This 

report can be obtained from the New Zealand Qualifications Authority website 

(www.nzqf.govt.nz). 

d. In the case of a New Zealand qualification that is not included on the NZQF, a letter from 

the NZQA will be required to determine whether the qualification will qualify for points. 

e. In order for a qualification to qualify for points on the basis of full or provisional 

registration, the certificate of registration, or evidence of eligibility for registration subject 

only to an interview with a representative of the New Zealand Medical or Dental Council on 

arrival must also be provided (see SM19.15). 

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 application or a work to 

residence class application. 

f. If a principal applicant is claiming points for a qualification on the basis of their 

occupational registration, the qualification(s) qualifies for the points identified for the 

comparable New Zealand qualification in the List of Qualifications Exempt from 

Assessment. 

g. Despite the fact that the List of Qualifications Exempt from Assessment or the List of 

Qualifications Recognised as an Exception provides that a specified qualification qualifies


for certain points, an applicant or an immigration officer (by requesting the applicant to do 

so) may seek a IQA or QAR of any particular qualification. Where this occurs, the most 

recent NZQA assessment will prevail. 

SM14.30 NZQA involvement in the assessment of qualifications 


a. If a NZQA assessment of qualification(s) is sought, the NZQA determines the level that the 

qualification(s) occupy on the NZQF, however, the points for which a particular 

qualification or group of qualifications qualifies is determined by INZ alone. 

b. Despite the fact that the NZQA may undertake its own verification of qualifications that are 

submitted to it for assessment, INZ alone determines whether an applicant genuinely 

holds the qualification(s) which may qualify for points. 

SM14.35 NZQA Pre-Assessment Results (PARs),... 

SM14.35 NZQA Pre-Assessment Results (PARs), International Qualification 

Assessments (IQAs) and Qualifications Assessment Reports (QARs) 


a. The NZQA will provide Pre-Assessment Results (PARs), and International Qualification 

Assessments (IQAs) (formerly a Qualifications Assessment Report (QAR)). 

b. A Pre-Assessment Result is a report that compares an applicant's nominated qualification 

to a Level on the New Zealand Qualifications Framework. It is made on the understanding 

that: 

i a pre-assessment result is based solely on unverified information provided by the 

applicant on the application form; and 

ii no documentation is sighted; and 

iii only one overseas qualification is compared; and 

iv when an application for a resident visa is made, a full assessment (a IQA or QAR) will 

be required to determine whether a qualification (or group of qualifications) will 

qualify for points. 

c. An International Qualification Assessment (IQA) (formerly a Qualifications Assessment 

Report (QAR)). 

i assesses an overseas qualification (or group of qualifications) by stating the learning 

outcomes of the closest New Zealand equivalent qualification; and 

ii states the New Zealand Qualifications Framework of New Zealand Quality Assured 

Qualifications level of that equivalent qualifications; and 

iii refers to any verification of the applicant's qualifications undertaken by the NZQA. 

Note: From 27 June 2008 the Qualifications Assessment Report (QAR) has been renamed 

'International Qualification Assessment' (IQA). Both IQAs and QARs are acceptable as 

evidence to determine whether a qualification will qualify for points. 



SM15 BONUS POINTS: NEW ZEALAND QUALIFICATIONS 


The aim of providing bonus points for time spent studying in New Zealand towards a 

recognised qualification and for obtaining recognised New Zealand qualifications is to 

acknowledge: 

• that time spent studying in New Zealand and completing recognised qualifications in New 

Zealand enhances settlement outcomes; and 

• that recognised qualifications gained in New Zealand will be recognised by, and are 

relevant to the needs of, New Zealand employers. 


SM15.5 Bonus points for New Zealand qualifications 


SM15.5 Effective 07/11/2011 

SM15.5 Effective 25/07/2011 

SM15.5 Effective 07/02/2011 

SM15.5 Effective 29/11/2010 

a. A recognised New Zealand bachelor degree (level seven on the NZQF) (see SM14.5) 

requiring a minimum of two years of full-time study in New Zealand qualifies for 10 points, 

providing the full-time study was over four semesters during a period of at least 16 

months. 

b. A recognised post-graduate New Zealand qualification requiring a minimum of one year of 

full-time study in New Zealand (levels eight, nine, or 10 on the NZQF) (see SM14.5) 

qualifies for 10 points. 

c. A recognised post-graduate New Zealand qualification requiring a minimum of two years of 

full-time study in New Zealand (level nine or ten on the NZQF) (see SM14.5) qualifies for 

15 points. 

d. Qualifications gained with New Zealand Aid Programme funding will not qualify for bonus 

points. 

e. If (a), (b), and (c) above do not apply, the principal applicant may be eligible for New 

Zealand qualification bonus points under SM15.5.1 if they: 

i gained the qualification before 25 July 2011; or 

ii had commenced a course of study towards a recognised New Zealand qualification on 

24 July 2011. 

SM15.5.1 Bonus points for New Zealand qualifications commenced in or completed 

before 25 July 2011 

a. Two years of full-time study in New Zealand towards a recognised New Zealand 

qualification qualifies for five points, providing the full-time study was over four semesters 

during a period of at least 16 months. 

b. A recognised basic New Zealand qualification from level four up to and including level eight 

on the NZQF qualifies for five points. 

SM15.5.5 Definition of 'full-time study' for the purpose of the Skilled Migrant 

Category 

Study undertaken in New Zealand is defined as full-time where:


a. an undergraduate student at a tertiary education institution was enrolled in at least three 

papers per semester; or 

b. a post-graduate student at a tertiary education institution was enrolled in either a course 

of study: 

i that resulted in at least 100 credits per calendar year; or 

ii with a workload of at least 20 hours per week; or 

c. a student at a private training establishment was enrolled in: 

i a course of study that requires attendance for a minimum of 20 hours per week; or 

ii at least three papers, or equivalent, per semester if the course is at Level 7 or above 

on the New Zealand Qualification Framework. 



SM16 BONUS POINTS: QUALIFICATIONS IN AN IDENTIFIED 

FUTURE GROWTH AREA OR AN AREA OF ABSOLUTE SKILLS 

SHORTAGE 


The aim of providing bonus points for qualifications in an identified future growth area or an 

area of absolute skills shortage is to recognise that New Zealand's short and longer term 

economic development can be facilitated by those with skills in demand in New Zealand. 

SM16.5 Bonus points for recognised qualification 


Recognised qualifications in an identified future growth area or an area of absolute skills 

shortage qualify for 10 points. 

SM16.10 Qualifications in an identified future growth area 


A recognised qualification(s) in an identified future growth area will only qualify for points if: 

a. the principal applicant has points for current skilled employment or an offer of skilled 

employment in an identified future growth area (see SM8.10); and 

b. the qualification is relevant to that employment (see SM16.10.1). 

SM16.10.1 Relevance of qualification(s) to skilled employment in an identified future 

growth area 

A recognised qualification is relevant to skilled employment in an area of identified future 

growth if an immigration officer is satisfied that: 

a. the major subject area of the recognised qualification is directly applicable to skilled 

employment in an identified future growth area that qualifies for points (see SM8.10); and 

b. the skilled employment is in an occupation for which that qualification is a core 

requirement. 


Recognised qualifications in an identified future growth area only qualify for points if the 

principal applicant provides evidence that satisfies an immigration officer that the 

qualification(s) meets the requirements of SM16.10 and SM16.10.1 above. 

SM16.20 Qualifications in an area of absolute skills shortage 


a. If a principal applicant does not have skilled employment in New Zealand in an area of 

absolute skills shortage (see SM8.20), they will be assessed as being qualified in an area 

of absolute skills shortage if they meet the specifications in Column 4 of the Long Term 

Skill Shortage List (see Appendix 4) or that was listed on the date their Expression of 

Interest was selected. 

b. If a principal applicant does have skilled employment in New Zealand in an area of 

absolute skills shortage (see SM8.20) their recognised qualification will be assessed as 

being in an area of absolute skills shortage if the specialist, technical or managerial


expertise required for that employment was obtained through the completion of that 

qualification. 

c. Recognised qualifications in an area of absolute skills shortage only qualify for points if any 

occupational registration requirements relating to those qualifications are met (see 

SM19.15). 


If (b) above applies, recognised qualifications in an area of absolute skills shortage will only 

qualify for points if the principal applicant provides evidence that they obtained the specialist, 

technical or managerial expertise required for their employment in an area of absolute skills 

shortage through completion of the recognised qualification. 


SM16.25 Removal of an occupation from the Long Term Skill Shortage List 

If an occupation is removed from the Long Term Skill Shortage List, Expressions of Interest 

that have been selected before the removal, which include points for meeting the requirements 

under SM16.20, will be assessed in the subsequent SMC application for a resident visa as if the 

occupation was not removed. 



SM17 BONUS POINTS: PARTNER'S RECOGNISED 

QUALIFICATIONS 



The aim of providing bonus points for a partner's recognised qualification(s) is to recognise 

such qualifications as an indicator of the likely contribution of the whole migrating family. 

SM17.5 Bonus points for a partner's recognised qualifications 


SM17.5 Effective 30/07/2011 

SM17.5 Effective 25/07/2011 


a. Recognised qualifications (see SM14.5) held by the partner of a principal applicant qualify 

for the following points: 

Level on the New Zealand Qualification Framework Points 

three – must be on the List of Qualifications 

Recognised as an Exception (SM14.10.10) 

four - must be recognised in SM14.10 (d) or (e) 

five, or six 

seven to 10 20 

b. A partner's recognised qualification only qualifies for points under this provision if: 

i the partner is included in the application; and 

ii the partner meets the English language requirements for principal applicants (see 

SM5.5); and 

iii an immigration officer is satisfied that the principal applicant and their partner have 

been living together for 12 months or more in a partnership that is genuine and stable 

(see F2.10.1) and otherwise meets Partnership instructions (see F2.15). 

c. Despite (a), if a partner of a principal applicant holds a recognised New Zealand 

qualification at levels three, four, five, and six on the NZQF, they will be eligible for 20 

points if: 

i the qualification would have met the requirements for the award of points under the 

Skilled Migrant Category that was in effect on 24 July 2011; and 

ii the qualification was completed before 25 July 2011 or they had commenced a course 

of study, resulting in the qualification for which they are claiming points, on 24 July 

2011. 


10


SM18 AGE 


The aim of providing points for age is to recognise the ability of younger people to make a long 

term contribution to New Zealand. 

SM18.5 Points 

a. A principal applicant's age qualifies for points as follows: 

Age Points 

20-29 30 

30-39 25 

40-44 20 

45-49 10 

50-55 5 


b. Principal applicants aged 56 and over must be declined under the Skilled Migrant 

Category. 


Evidence of age may include but is not limited to original or certified copies of: 


• a birth certificate 

• a passport or other travel document 

• an identity card (from countries which require an identity card and where birth details 

must be confirmed before one is issued). 



SM19 REQUIREMENTS FOR OCCUPATIONAL REGISTRATION 


The aim of requiring occupational registration is to ensure that applicants seeking employment 

in New Zealand in occupations for which registration is required by law have the ability to 

undertake that employment. 

SM19.5 Occupations requiring registration 


In New Zealand registration is required by law in order to undertake employment as one of the 

following: 

Architect 

Barrister or solicitor 

Chiropractor 

Clinical dental technician 

Clinical dental therapist 

Dental hygienist 

Dental technician 

Dental therapist 

Dentist 

Dietitian 

Dispensing optician 

Electrician (see note below) 

Electrical service technician 

Enrolled nurse 

Immigration adviser 

Line mechanic 

Medical laboratory 

scientist/technologist 

Medical laboratory technician 

Medical practitioner 

Medical radiation technologist 

Nurses and midwives 

Occupational therapist 

Optometrist 

Osteopath 

Pharmacist 

Physiotherapist 

Plumber, gasfitter and drainlayer 

Podiatrist 

Psychologist 

Real estate agent 

Cadastral (Land Title) Surveyor 

Teacher 

Veterinarian


Note: Electrician - where a current 'Employer License' is held, an electrician working for that 

employer does not require individual occupational registration. 

SM19.10 Effect of occupational registration on eligibility for points 


The requirement for occupational registration to undertake the occupations listed above in New 

Zealand can affect eligibility for points for qualifications and offers of employment. 

SM19.15 Effect on points for qualifications 


a. This section applies to principal applicants whose recognised qualification is required for 

employment in one of the occupations listed in SM19.5. 

b. Such qualifications only qualify for points if the principal applicant: 

i holds evidence of full or provisional registration in that occupation in New Zealand, if 

full or provisional registration is required by New Zealand law to undertake that 

employment; or 

ii has an offer of skilled employment (see SM7) in that occupation and holds evidence 

from the New Zealand Medical or Dental Council that they are eligible for full or 

provisional registration subject only to attending a personal interview with a Council 

representative within one month of their arrival in New Zealand; or 


not full or provisional registration for the purpose of a residence class visa application or a 

work to residence application. 

iii has current skilled employment or an offer of skilled employment (see SM7) in an 

occupation that does not require registration; or 

iv has post-qualification work experience in an occupation for which registration is not 

required in New Zealand, and were employed in that occupation for the same or a 

greater period of time than in an occupation for which registration is required by law 

in New Zealand. 

Note: For teachers, 'provisional' registration includes both 'provisional' and 'subject to 

confirmation' registration. 

SM19.20 Effect on points for skilled employment 


If a principal applicant's qualifications are affected by registration requirements, the principal 

applicant's current skilled employment or offer of skilled employment in New Zealand will only 

qualify for points if the principal applicant: 

a. holds evidence of full or provisional registration in that occupation in New Zealand, if 

registration is required by New Zealand law to undertake that employment; or 

b. has an offer of skilled employment (see SM7) in that occupation and holds evidence from 

the New Zealand Medical or Dental Council that they are eligible for full or provisional 

registration subject only to attending a personal interview with a Council representative in 

New Zealand; or



not full or provisional registration for the purpose of a residence class visa application or a 

work to residence application. 

c. has current skilled employment, or an offer of skilled employment (see SM7), in New 

Zealand in an occupation that does not require registration. 



SM20 BONUS POINTS: CLOSE FAMILY IN NEW ZEALAND 


The aim of providing bonus points for close family in New Zealand is to recognise that the 

presence of close family enhances prospects for employability and settlement. 

SM20.5 Close family in New Zealand 


a. A principal applicant qualifies for 10 points for a close family member in New Zealand if 

that close family member: 

i is the adult sibling or adult child, or parent, of a principal applicant, or of the principal 

applicant's partner included in the application; and 

ii is in New Zealand; and 

iii is a New Zealand or Australian citizen or the holder, or is considered to be the holder, 

of a residence class visa that is not subject to conditions under sections 49 or 50 of 

the Immigration Act 2009. 

b. In all cases, an immigration officer must be satisfied that New Zealand is the primary 

place of established residence of the close family member at the time the application 

under the Skilled Migrant Category is made. 

Note: A principal applicant will only qualify for points for a close family member of their 

partner included in their application, if an immigration officer is satisfied that the principal 

applicant and their partner have been living together for 12 months or more in a 

partnership that is genuine and stable (see F2.10.1) and otherwise meets Partnership 

instructions (see F2.15). 

SM20.10 Definition of 'adult sibling' and 'adult child' 


a. For the purposes of these instructions, 'adult sibling' and 'adult child' mean a sibling or 

child aged 18 years or older. 

b. Siblings and children aged 18 to 24 must only be considered 'adult siblings' or 'adult 

children' if they can satisfy an immigration officer that they are not dependent. (See 

F5.1(a)) 

SM20.15 Evidence of relationship to close family member 


To obtain points for having a close family member in New Zealand, a principal applicant must 

provide: 

a. birth certificates, which establish the relationship of the close family member in New 

Zealand to the principal applicant or their partner included in the application; or


b. evidence of adoption (see R3) which establishes the relationship of the close family 

member in New Zealand to the principal applicant or their partner included in the 

application. 


SM20.20 Evidence that New Zealand is the primary place of established 

residence 

Where required by an immigration officer, applicants must provide evidence that New Zealand 

is the close family member's primary place of established residence. Evidence may include but 

is not limited to an original or certified copy of one of the following: 

• correspondence addressed to the close family member 

• employment records 

• records of benefit payments from the Ministry of Social Development 

• banking records 


• Inland Revenue Department records 


• tenancy and utility supply agreements 

• documents showing that the close family member's household effects have been moved to 




SM21 SETTLEMENT AND CONTRIBUTION REQUIREMENTS 


a. To be granted residence under the Skilled Migrant Category, applicants must demonstrate 

that they have the ability to successfully settle in and contribute to New Zealand. 

b. The aim of assessing ability to settle and contribute is to ensure that the Skilled Migrant 

Category maximises the contribution that migrants make to New Zealand. 

SM21.5 Assessment of ability to settle and contribute 


a. Principal applicants who: 


i qualify for 50 points for an offer of skilled employment or current skilled employment 

in New Zealand for less than 12 months; or 

ii qualify for 60 points for current skilled employment in New Zealand for twelve months 

or more; or 

iii have undertaken full time study for at least two years in New Zealand that has 

resulted in the award of a Doctorate or Masters degree 

have demonstrated the ability to successfully settle in and contribute to New Zealand. 

b. Principal applicants who do not have points for any of these factors will be further 

assessed to determine whether they can otherwise demonstrate an ability to successfully 

settle and contribute or can realise their potential to successfully settle in and contribute 

to New Zealand. 


SM21.10 Assessment of whether a principal applicant can realise their 

potential to successfully settle and contribute 


SM21.10 Effective 25/07/2011 

SM21.10 Effective 04/04/2011 

SM21.10 Effective 29/11/2010 

a. Assessment of whether a principal applicant can otherwise demonstrate an ability or can 

realise their potential to settle in and contribute to New Zealand will be based on: 

i information obtained during a structured interview with the principal applicant and if 

required, other family members included in the application; and 

ii all other information contained in the application for a resident visa; and 

iii any further verification of the application (including information provided at interview). 

b. That assessment will include consideration of the following factors: 

i skilled employment prospects; 

ii familiarity with New Zealand and preparedness for settlement of the principal applicant 

and, where relevant, the partner and dependent children included in the application; 

and 

iii linkages and support in New Zealand, through networks and family


c. Skilled employment prospects are the primary consideration for the Immigration Officer 

when determining whether to grant residence, a SMC job search visa, or decline the 

application as set out in (d), (g), and (h) below. 

Note: Principal applicants who do not intend to take up full-time employment may not be 

considered to have good employment prospects (e.g. those who intend to undertake fulltime 

study). 

If the principal applicant is in New Zealand and holds, or in the last 24 months, has held a 

work visa granted under the WD Study to work instructions then they are not eligible for a 

work visa under the SMC Job Search Instructions (WR5 (b)). 

d. If an immigration officer assesses that a principal applicant has not demonstrated the 

ability to successfully settle and contribute but can realise their potential to successfully 

settle in and contribute to New Zealand the principal applicant will be eligible for the grant 

of a SMC job search work visa (subject to the requirements of WR5 being met) to enable 

them to realise their potential by obtaining an offer of skilled employment (see SM7) in 


e. Principal applicants who are in New Zealand and are granted SMC job search work visas 

under these instructions will have the decision on their SMC application deferred for a 

period of nine months. 

f. Principal applicants who are not in New Zealand and are granted SMC job search work 

visas under these instructions will have the decision on their SMC application deferred for 

a period of 12 months to enable travel to New Zealand and a stay in New Zealand of nine 

months (refer to WR5.5). 

g. Where, following the further assessment, a principal applicant, despite not meeting the 

requirements of SM21.5(a), is assessed as having a high potential to readily obtain skilled 

employment in New Zealand, they will be assessed as having demonstrated the ability to 

successfully settle in and contribute to New Zealand. Where this occurs, subject to 

meeting other relevant requirements, the principal applicant and their family members 

included in the application, may be granted resident visas. 

h. If an immigration officer determines, as a result of the further assessment, that a principal 

applicant does not have a high potential to readily obtain skilled employment in New 

Zealand they will be assessed as not having demonstrated that they can realise their 

potential to settle in and contribute to New Zealand. Where this occurs, their application 

for a resident visa in New Zealand under the Skilled Migrant Category will be declined. 

i. If (d) above applies, but a SMC job search work visa is not granted, the application for a 

resident visa will be declined. 

SM21.15 Grant of a resident visa following deferral 


a. Where an immigration officer is satisfied that a principal applicant has obtained an offer of 

skilled employment in New Zealand, during the deferral period, the principal applicant will 

be assessed as having demonstrated an ability to settle in and contribute to New Zealand 

and will have their application for a resident visa under the Skilled Migrant Category 

approved; and 

i a resident visa subject to the conditions set out at SM4.30, will be granted if the 

principal applicant has been working in that skilled employment for less than three 

months; or


ii a resident visa not subject to conditions will be granted if the principal applicant has 

been working in their skilled employment for three months or more. 

b. If, on the expiry of the deferral period (see SM21.10(c)), a principal applicant has not 

provided evidence that satisfies an immigration officer that they have obtained an offer of 

skilled employment in New Zealand, the principal applicant will be assessed as not having 

demonstrated that they can realise their potential to successfully settle in and contribute 

to New Zealand and the application for a resident visa under the Skilled Migrant Category 

will be declined. 

Note: 

~ Applicants who made an application under the Skilled Migrant Category before 21 December 

2005 are subject to SM20.15 in effect on the date their application was made. 

~ Applicants who made an application under the Skilled Migrant Category on or after 21 

December 2005 and before 10 April 2007 are subject to SM20.15 in effect on the date their 

application was made. 


AFTER THE GRANT OF A RESIDENT VISA 


RV1 Generic provisions for applications made after the grant of 

a resident visa ............................................................ 44-1 

RV2 Resident visa holders applying for a permanent resident 

visa .......................................................................... 45-1 

RV3 Variation of travel conditions on resident visas ..................... 46-1 

RV4 Grant of a second or subsequent resident visa ..................... 47-1


RV1 GENERIC PROVISIONS FOR APPLICATIONS MADE AFTER THE 

GRANT OF A RESIDENT VISA 

RV1.1 Objectives 

The objectives of this chapter are: 

a. to protect the interests of New Zealand citizens and other people living permanently in 


b. to encourage those granted a resident visa to show a commitment to New Zealand; and 

c. to assist the government in border control. 

RV1.5 Overview 

See previous instructions RV1.5 Effective 29/11/2010 

See also Immigration Act 2009 ss 63(2), 73 


a. A residence class visa holder in New Zealand is entitled to stay in New Zealand indefinitely 

(RA1.1), however a resident visa holder who leaves New Zealand may only travel to and 

be granted entry permission as a resident if the conditions of his or her visa allow (these 

are referred to as travel conditions). 

b. A resident visa expires if: 

i the holder leaves New Zealand and the visa has no valid travel conditions; or 

ii the travel conditions expire while the visa holder is outside New Zealand. 

c. This chapter sets out: 

i the manner in which a resident visa holder may apply for a permanent resident visa 

(RV2); 

ii the manner in which resident visa holders may apply to vary the travel conditions 

endorsed on their resident visas (RV3); 

iii the manner in which a second or subsequent resident visa can be applied for by a 

former resident visa holder whose resident visa has expired as set out in (b) above 

(RV4). 

d. A resident visa holder or former resident visa holder must have been in New Zealand as a 

resident (R5.66.5(b)) to be granted a residence class visa or a variation of travel 

conditions under these instructions. 

RV1.5.1 Visas and permits issued or granted under the Immigration Act 1987 

See also Immigration Act 2009 s 415, Schedule 5 

a. Where the instructions in this chapter refer to holders of a resident visa, this also includes 

holders of residence visas and residence permits issued or granted under the Immigration 

Act 1987. 

b. Where the instructions in this chapter refer to an applicant’s time spent in New Zealand as 

a resident, this is also considered to include time spent in New Zealand as a holder of a 

residence permit or exempt from the need to hold a residence permit under the 

Immigration Act 1987.


c. Where the instructions in this chapter refer to conditions imposed under section 49(1) or 

50 of the Immigration Act 2009, this is considered to include requirements imposed under 

section 18A of the Immigration Act 1987. 

RV1.10 Lodging an application 

RV1.10.1 Where to lodge an application 


Applications under this chapter may be lodged at any branch of INZ and certain MFAT posts 

specified in the list of current receiving offices (see Appendix 2). 

RV1.10.5 How an application must be lodged 


a. Applications must be lodged in the prescribed manner. 

b. The prescribed manner is the manner that meets the mandatory requirements set out in 

the Immigration (Visa, Entry Permission, and Related Matters) Regulations 2010. 

c. Applications that are not lodged in the prescribed manner will not be considered to be 

made. 

d. While under no obligation to do so, INZ may, at its discretion, hold applications that are 

not lodged in the prescribed manner for a period of time until any outstanding 

requirements are met (see R2.50). 

RV1.10.10 Mandatory requirements for lodging an application for a variation of travel 

conditions, permanent resident visa or second or subsequent resident visa 


An application for a variation of travel conditions, a permanent residence visa or a second or 

subsequent resident visa made outside of an immigration control area must be: 

a. made an approved form; and 

b. completed in English; and 

c. signed by the applicant (unless the applicant is less than 18 years old, in which case it 

must be signed by a parent or guardian of the applicant); and 

d. given to an immigration officer, together with: 

i evidence of the applicant’s current or previous resident visa or visas; and 

ii the applicant's passport or certificate of identity, or if that is unavailable, his or her 

original full birth certificate (or certified copy) or other identity document (or certified 

copy); and 

iii two passport sized photos of the applicant’s head and shoulders; and 

iv the information and evidence required by the relevant immigration instructions to 

demonstrate that the applicant fits the category or categories of under which the 

application is being made; and 

v any other information, evidence, or submissions that the applicant considers shows 

that he or she is eligible to be granted a new residence class visa or variation of travel 

conditions in terms of the immigration instructions; and


vi the appropriate fee (if any). 

e. Before determining the application, an immigration officer may require the applicant to 

produce any photographs, documents and information that the officer thinks necessary or 

require the applicant to be interviewed by an immigration officer, to help in determining 

whether the applicant meets the requirements to be granted a variation of travel 

conditions or a new residence class visa. 

Note: The passports of all persons included in the application must be submitted with the 

application. 

RV1.15 Evidence 



RV1.15.1 Evidence that the applicant is deemed to hold, or to have held, a resident 

visa 

Evidence that the applicant is deemed to hold or have held a resident visa is: 

a. a resident visa in a current or expired passport or certificate identity; or 

b. a residence permit granted under the Immigration Act 1987 in a current or expired 

passport or certificate of identity; or 

c. INZ records of a resident visa or residence permit; or 

d. in the case of a person who arrived in New Zealand lawfully to take a permanent residence 

at any time before 2 April 1974, other than under a permit granted under the Immigration 

Act 1964 or any corresponding earlier Act, a stamp or a label in a passport or certificate of 

identity showing a date of arrival in New Zealand prior to 2 April 1974, and documents 

showing continued residence since 2 April 1974, which may include but are not limited to: 


• driver's licences 

• receipted power bills 

• income tax returns 

• school records 

• employment references 

• any other evidence requested by INZ. 

RV1.15.5 Evidence of periods spent in New Zealand as a resident 

Evidence of the periods spent in New Zealand as a resident is: 

a. a stamp or label in current or previous passports; and/or 

b. INZ records of periods the applicant has been in New Zealand while holding a residence 

permit or a resident visa. 

Note: Periods during which a person has been in New Zealand as a resident are calculated 

inclusive of both arrival and departure dates.


RV1.15.10 Evidence of tax resident status 

a. Under these instructions, 'tax resident status' means tax residence status in New Zealand, 

as confirmed by New Zealand Inland Revenue (IR). 

b. Applicants under these instructions cannot be New Zealand tax residents if the application 

of a double tax agreement means they are tax residents of another country. 

c. Evidence of tax residence status includes: 

i a statement from the IR for the period in which the applicant has been assessed as 

having tax residence status; or 

ii Confirmation of Tax Resident Status form completed and endorsed by IR. 

d. If the applicant is considered to have tax residence status under a double tax agreement, 

the applicant must provide supporting evidence from IR. A list of countries which have 

double tax agreements with New Zealand can be found at www.ird.govt.nz. 

RV1.20 Determining the eligibility of non-principal applicants 


RV1.20 Effective 07/11/2011 

RV1.20 Effective 29/11/2010 

RV1.20 Effective 15/12/2010 

a. For the purpose of making an application under this chapter, 


i 'principal applicant' means the principal applicant of the original resident visa 

application; and 

ii 'non-principal applicants' means the non-principal applicants included in the original 


b. The only requirement for the grant of a permanent resident visa to a non-principal 

applicant is that the principal applicant must hold a permanent resident visa, unless: 

i the non-principal applicant is excluded by the provisions of RV2.1; or 

ii the provisions requiring a secondary applicant to be assessed independently of the 

principal applicant apply (RV1.20.1 to RV1.20.20); or 

iii the non-principal applicant has never been in New Zealand as a resident (as required 

by RV1.5(d)). 

c. A non-principal applicant must be granted a variation of travel conditions to allow travel 

until the same date as the principal applicant’s resident visa unless: 

i the non-principal applicant is excluded by the provisions of RV3.1(d); or 

ii the provisions requiring a secondary applicant to be assessed independently of the 

principal applicant apply (RV1.20.1 to RV1.20.20); or 


by RV1.5(d)). 

d. A non-principal applicant will be granted a second or subsequent resident visa based on 

the eligibility of the principal applicant for a variation of travel conditions, second or 

subsequent resident visa or permanent resident visa, unless 

i the non-principal applicant is excluded by the provisions of RV4.1; or 

ii specific instructions in RV1.20.1 to RV1.20.20 apply; or



by RV1.5(d)). 

e. If a non-principal applicant makes an application for further travel conditions or a 

permanent resident visa and the principal applicant: 

i does not lodge an application; or 

ii is declined a variation of travel conditions or a permanent resident visa; or 

iii does not hold a permanent resident visa or a resident visa with valid travel conditions, 

iv then, unless the instructions in RV1.20.1 to RV1.20.20 apply, the application will only 

be considered under the provisions of RV3.1.1 or RV3.10. 

RV1.20.1 Non-principal applicants who are partners 

a. The partner of the principal applicant is eligible to be considered in their own right for 

variation of travel conditions or a new residence class visa if the following events occur: 

i the partner and the principal applicant become divorced or separated; or 

ii the partner is granted a non-molestation or protection order against the principal 

applicant; or 

iii the principal applicant is convicted of an offence against the partner or a dependent 

child; 

iv the principal applicant dies; or 

v the principal applicant has obtained New Zealand citizenship. 

b. Evidence of the circumstances in which the partner of a principal applicant may apply for 

an a variation of travel conditions or a new residence class visa in their own right may 

include but is not limited to original or certified copies of the following: 

• the final decree of divorce or a dissolution order from the principal applicant; or 

• a non-molestation or protection order against the principal applicant; or 

• evidence that the principal applicant has been convicted of an offence against the 

person of the partner or of a dependent child; or 

• evidence of separation; or 

• the death certificate of the principal applicant. 

RV1.20.5 Non-principal applicants who were dependent children in the original 

residence application 

a. The eligibility of a dependent child included in the original residence application for a 

permanent resident visa, a variation of travel conditions or a second or subsequent visa 

will be assessed in the same way regardless of whether that child is still dependent at the 

time of application. 

b. In the case of the dissolution of a partnership as described in RV1.20.1(b) above, a child’s 

eligibility will be assessed on the basis of: 

i whichever parent has legal right of custody if they are under 16 (see R2.1.45); or 

ii whichever parent they are living with if they are 16 or over; or 

iii the principal applicant, if they are 16 or over and are not living with either parent. 

c. If the principal applicant dies or obtains New Zealand citizenship, children must be 

assessed on the basis of the eligibility of the non-principal applicant partner included in the 

original residence application.


d. The child can be assessed in their own right if the provisions of (b) or (c) above require 

that a child be assessed on the basis of the non-principal applicant partner included in the 

application, and this is not possible because: 

i a non-principal applicant partner was not included in the application; or 

ii the non-principal applicant partner has died; or 

iii the non-principal applicant partner has obtained New Zealand citizenship. 

e. Children who wish to have their application under these instructions assessed based on the 

eligibility of a person other than the principal applicant must provide evidence that their 

circumstances meet the criteria set out in (b) to (d) above (for example, evidence of 

custody). 

RV1.20.20 Transitional provisions 

Non-principal applicants who are considered to hold resident visas because they: 

a. were granted residence permits before 30 October 1995 or in reliance on residence visas 

issued before 30 October 1995; or 

b. arrived in New Zealand lawfully to live permanently in New Zealand at any time before 2 

April 1974 and were considered to hold a residence permit under the Immigration Act 

1987; 

may be granted a permanent resident visa or variation of travel conditions if they meet the 

criteria set out in the instructions in this chapter regardless of the status of the principal 

applicant. 



RV2 RESIDENT VISA HOLDERS APPLYING FOR A PERMANENT 

RESIDENT VISA 

RV2.1 Who is not eligible for a permanent resident visa? 



a. People who are not eligible for a visa under sections 15 and 16 of the Immigration Act 

2009 are not eligible for a permanent resident visa unless a special direction has been 

given, but may apply for a variation of their travel conditions under the provisions of RV3 

Variation of travel conditions on a resident visa. 

b. People who would otherwise be prohibited for entry or for grant of a visa to New Zealand 

because they are subject to restrictions or a ban (see RA9 and R5.100) if it were not for 

their New Zealand resident status are not eligible for a permanent resident visa and may 

only be granted a 14-day variation to their travel conditions under RV3.10. 

c. People who are liable for deportation may not apply for a permanent resident visa, 

however they may be granted one by special direction. 

RV2.5 How do resident visa holders or former holders qualify for a 

permanent resident visa? 

Upon application principal applicants will be granted a permanent resident visa if: 

a. they either: 


i hold a resident visa, and have held that resident visa continuously for at least 24 

months at the time of application; or 

ii have held a resident visa in the three months before the application is made, and had 

held that resident visa continuously for at least 24 months before it expired; and 

b. their first day in New Zealand as a resident (R5.66.1(b)) was at least 24 months before 

the application is made; and 

c. they can demonstrate a commitment to New Zealand by meeting the requirements set out 

in any one of the five subsections below (RV2.5.1 to RV2.5.20); and 

d. they have met any conditions imposed under section 49(1),of the Immigration Act 2009; 

unless RV2.10 (Permanent resident visas for holders of resident visas with section 49(1) 

investment conditions) applies. 

RV2.5.1 Significant period of time spent in New Zealand 

A principal applicant has demonstrated a commitment to New Zealand if they have been in 

New Zealand as a resident for a total of 184 days or more in each of the two 12-month 

portions of the 24 months immediately preceding the date the date their application for a 

permanent resident visa was made (ie, in each of the two 12-month portions, a period or 

periods that amount to 184 days or more). 

RV2.5.5 Tax residence status in New Zealand 

A principal applicant has demonstrated a commitment to New Zealand if:


a. they have been in New Zealand as a resident for a total of 41 days or more in each of the 

two 12-month portions of the 24 months immediately preceding the date the application 

for a permanent resident visa was made (ie, in each of the two 12-month portions, a 

period or periods that amount to 41 days or more); and 

b. they are assessed as having tax residence status (RV1.15.10) for the 24 months preceding 

their application. 

RV2.5.10 Investment in New Zealand 

a. A principal applicant has demonstrated a commitment to New Zealand if: 

i he or she was approved a resident visa under the Business Investor Category, and has 

met any conditions imposed (see BI to 26/11/2007) under section 49(1) of the 

Immigration Act 2009 (except travel conditions); or 

ii he or she has been approved a resident visa other than under the Business Investor 

Category, and has maintained an investment in New Zealand of N.Z.$1,000,000 or 

more that complies with the rules for investment funds set out in RV2.5.10(b) below 

for a period of 24 months or more after the date the resident visa was granted. 

b. Principal applicants applying for a permanent resident visa under RV2.5.10 (a)(ii) must 

meet the following rules for investment funds: 

i investment funds must originally have been transferred to New Zealand through the 

trading bank system, or have been earned or acquired lawfully in New Zealand; and 

ii investment funds must be invested in New Zealand in New Zealand currency; and 

under normal circumstances, be capable of providing a commercial return; and 

iii apart from the interest earned from the investment, investment funds must not be 

used for their own personal use, for instance investment in assets such as a personal 

residence, car, boat or similar; and 

iv investment funds must not be used as collateral for any loan during the 2 year 

investment period, unless the money loaned remains within New Zealand and in New 

Zealand dollars only; and 

v if the investment funds are moved from one investment to another during the two 

year period each investment must also meet the rules for investment funds. 

Note: Investments in New Zealand with international exposure are acceptable only for the 

proportion of the investment that is retained in New Zealand. 

Example: An investment in a unit trust with sole international exposure would completely fail 

to meet the above requirement that an investment be "invested in New Zealand". 

RV2.5.15 Establishment of a business in New Zealand 

a. A principal applicant has demonstrated a commitment to New Zealand if they have been 

approved a resident visa under any category, and have successfully established a business 

in New Zealand that has been trading successfully and benefiting New Zealand in some 

way for at least 12 months immediately preceding the date the application for a 

permanent resident visa was made. 

b. Principal applicants applying for a permanent resident visa under these instructions will be 

considered to have successfully established a business in New Zealand if: 

i they have established or purchased, a business operating in New Zealand; or


ii they have invested in a business in New Zealand by purchasing 25% or more of the 

shareholding of an established business. 

c. For the purposes of these instructions evidence that a business is trading successfully and 

benefiting New Zealand in some way is production of a set of the latest accounts relating 

to that business certified by a New Zealand chartered accountant and which confirm that 

in their view the business is a going concern. 

RV2.5.20 Base established in New Zealand 

a. A principal applicant has demonstrated a commitment to New Zealand if they have 

established a base in New Zealand. A principal applicant is considered to have established 

a base in New Zealand if: 

i each and every member of their immediate family who was included in their 

application for a resident visa has resided in New Zealand for at least 184 days in the 

two year period immediately preceding the date the application for the permanent 

resident visa was made; and 

ii they have been in New Zealand as a resident for a total of at least 41 days in the 12 

months immediately preceding the date the application for the permanent resident 

visa was made; and either 

they own and maintain a family home in New Zealand; or 

they have been engaged in full time continuous genuine employment in New 

Zealand immediately preceding the date the application for the permanent resident 

visa was made. 

b. For the purpose of these instructions applicants are considered to own and maintain a 

family home in New Zealand if: 

i they have purchased a residential property in New Zealand within 12 months of their 

first day in New Zealand as a resident and still own that property either solely or 

jointly with members of their immediate family who were included in the application 

for a resident visa; and 

ii they and/or members of their immediate family who were included in the application 

for a resident visa occupy that property. 

c. Evidence of owning and maintaining a home in New Zealand includes but is not limited to 

items in the name of the applicant and/or members of their immediate family who were 

included in the application for a resident visa such as: 

• mortgage documents or title deeds to the residential property 


• home and contents insurance cover 

• invoices for telephone, electricity, gas, or water 

• documents showing that household effects have been moved to New Zealand


d. For the purpose of these instructions, applicants are considered to have been engaged in 

full time continuous employment in New Zealand if they can produce evidence of genuine 

full time paid employment in New Zealand for a period or periods amounting to at least 9 

months in the 24 months immediately preceding the date the application for the 

permanent resident visa was made. Employment involving payment by commission and/or 

retainer is not acceptable. Self-employment is acceptable if they can produce evidence of 

genuine lawful active involvement in the management and operating of a business in New 

Zealand which the principal applicant has established, purchased, or has a shareholding in. 

RV2.10 Permanent resident visas for holders of resident visas with 

investment conditions imposed under section 49(1) 

a. Principal applicants who have been granted a resident visa under 

i the Active Investor Migrant policy; or 

ii the Migrant Investment Categories; or 

iii the Parent Retirement Category; 


will be granted a permanent resident visa if the requirements of RV2.10 (b) below have 

been met. 

b. At they time of application, principal applicants must: 

i hold or are deemed to hold a resident visa; and 

ii have held, or have been deemed to hold, a resident visa for at least 24 months; and 

iii have met conditions previously imposed under section 49(1) of the Immigration Act 

2009. 


RV2.15 Permanent resident visas for residents who have renounced New 

Zealand citizenship 

A person who holds a resident visa as a result of renouncing their New Zealand citizenship 

(RA4.10) may apply for and be granted a permanent resident visa without meeting the criteria 

set out in RV2.5. 

RV2.20 Declining applications for permanent resident visas 


If a permanent resident visa application is declined, the applicant may be assessed under the 

instructions for a variation of travel conditions (RV3) or a second or subsequent resident visa 

(RV4). If the applicant is eligible for a variation of travel conditions or a second or subsequent 

resident visa, an immigration officer may grant the appropriate variation of travel conditions or 

second or subsequent resident visa in place of a permanent resident visa with the applicant’s 

permission. 



RV3 VARIATION OF TRAVEL CONDITIONS ON RESIDENT VISAS 

RV3.1 Applications for variations of travel conditions 

See previous instructions: RV3.1 Effective 29/11/2010 

a. The duration of travel conditions on a resident visa can be varied allowing for multiple 

journey travel to New Zealand within the following specified time periods: 

i 12 months; or 

ii 14 days; or 

iii 24 months. 

b. Travel conditions can only be varied if the resident visa is valid. A resident visa is valid 

when: 

i the holder is in New Zealand; or 

ii the holder is outside New Zealand and the current travel conditions have not expired. 

c. Holders of resident visas who are in New Zealand must be granted a variation of travel 

conditions for a duration of at least 14 days. 

d. People who would otherwise be prohibited from entry or for the grant of a visa to New 

Zealand because they are subject to restrictions or a ban (see RA9 and R5.100) if it were 

not for their New Zealand resident status, may only be granted a variation of travel 

conditions under RV3.10 (14-day variation of travel conditions). 

RV3.1.1 Declining an application for a variation of travel conditions 

a. An application for a variation of travel conditions by a resident visa holder in New Zealand 

cannot be declined. 

b. An application for a variation of travel conditions made outside New Zealand must be 

declined, where the applicant: 

i does not meet any requirements of RV3.5 to RV3.20 or 

ii would be otherwise prohibited from entry or for grant of a visa to New Zealand 

because they are subject to restrictions or a ban (see RA9 and R5.100). 

c. Applications for variations of travel conditions made outside New Zealand by applicants 

who have failed to meet any conditions imposed under section 49(1) of the Immigration 

Act 2009, must be declined whether or not they are otherwise eligible for a variation of 

travel conditions. 

RV3.1.5 Requests for reconsideration 

a. An applicant may seek to have the decision to decline an application for a variation of 

travel conditions reconsidered, if it was declined because: 

i the immigration officer was not satisfied with the evidence produced; or 

ii the application did not meet the requirements set out in instructions. 

b. Another officer with a grading the same as or higher than the officer who made the 

original decision will review the decision.


c. The review process involves checking that the immigration instructions and procedures 

were correctly applied when the application was processed. 

RV3.5 12-month variation of travel conditions 

Principal applicants may be granted with travel conditions current for 12 months if: 

a. they meet the requirements set out in either RV3.5.1 or RV3.5.5 below; and 


b. their first day in New Zealand as a resident (see R5.66.5(b)) was at least 12 months 

before the current application for a variation of travel conditions was made; and 

c. they continue to meet any conditions previously imposed under section 49(1) or section 50 

of the Immigration Act 2009; 

unless RV3.1(d) applies. 

RV3.5.1 Time spent in New Zealand 

To meet the requirements regarding time spent in New Zealand, the principal applicant must 

have been in New Zealand as a resident for a total of 184 days or more in at least one of the 

two 12-month portions in the 24 months immediately preceding the date the application for a 

variation of travel conditions was made (ie, in at least one of the two 12-month portions, a 

period or periods that amount to 184 days or more). 

RV3.5.5 Tax residence status and limited time spent in New Zealand 

To meet the requirements regarding tax residence status and limited time spent in New 

Zealand, the principal applicant must: 

a. have been in New Zealand as a resident for a total of 41 days or more in at least one of 

the two 12-month portions of the 24 months immediately preceding the date the 

application for a variation of travel conditions was made (ie, in at least one of the two 12month 

portions, a period or periods that amount to 41 days or more); and 

b. be assessed as having tax residence status for 12 months in the 2 years before their 

application. 

RV3.10 14-day variation of travel conditions 


a. Applicants must be granted a variation of travel conditions current for 14 days if they are 

in New Zealand as a resident and they: 

i do not meet the requirements for a permanent resident visa; and 

ii do not meet the requirements for a variation of travel conditions for a longer duration.


b. Applicants who would otherwise be prohibited from entry or for grant of a visa to New 

Zealand because they are subject to restrictions or a ban (see RA9 and R5.100) may only 

be granted variation of travel conditions for 14 days and only if they are in New Zealand. 


RV3.15 Variation of travel conditions for principal applicants with investment 

conditions under Section 49(1) 

See also Immigration Act 2009, ss 49, 50 

Principal applicants who have been granted a resident visa under 

a. the Active Investor Migrant policy; or 

b. the Migrant Investment categories; or 

c. the Parent Retirement Category; 

may be granted a variation of travel conditions for 24 months if their first day in New Zealand 

as a resident (see R5.66.5(b)) was at least 24 months before the current application for a 

variation of travel conditions was made, and they continue to meet any conditions imposed 

under section 49(1) and/or section 50 of the Immigration Act 2009 unless RV3.1(d) applies. 

RV3.20 Special provisions 

RV3.20.1 Australian citizens and residents 


a. Persons who hold a resident visa (or are deemed to hold a resident visa) because they are 

holders of current Australian permanent residence visas, current Australian resident return 

visas or Australian citizenship may be granted a variation of travel conditions for 24 

months from the date their current resident visa was granted. 

b. Australian citizens or residents who: 

i have held, or are deemed to have held, a resident visa for over 24 months; or 

ii have been previously granted a variation of travel conditions under this provision; 

may apply for variations of travel conditions under the provisions of RV3.5 or RV3.10 or 

for a permanent resident visa (RV2). 

RV3.20.5 Partners of New Zealand citizens who do not qualify for a permanent 

resident visa 

a. Unless RV3.1 (d) applies, partners of New Zealand citizens who do not qualify for a 

permanent resident visa (see RV2), may be granted a further variation of travel conditions 

for a 24 month period, provided the New Zealand partner supports the application in 

writing and: 

i the applicant’s resident visa was obtained on the basis of their partnership with the 

same New Zealand citizen and the partnership is ongoing; or 

ii an immigration officer is satisfied that the applicant has been living with the New 

Zealand citizen in a genuine and stable relationship for at least one year at the time of 

application. 

b. Dependent children of the partner of a New Zealand citizen, who were included in that 

partner's residence class visa application, may be granted with a variation of travel 

conditions for a period of 24 months, equivalent to that of the partner’s travel conditions.


c. An immigration officer may ask for any additional evidence that the relationship is 

ongoing, genuine and stable, including that obtained by interview. 

RV3.20.10 Resident visa holders seconded overseas as part of their New Zealand 

employment 

a. Unless RV3.1 (d) applies, resident visa holders seconded overseas as part of their New 

Zealand employment, who do not qualify for permanent resident visas, may be granted a 

variation of travel conditions for a further 24-month period provided that their New 

Zealand employer confirms in writing that they require the applicant to remain overseas 

and still consider the applicant to be a New Zealand resident. 

b. Written confirmation from a New Zealand employer must state the terms and duration of 

the secondment and confirm the applicant is still considered a New Zealand resident. 

c. Further travel conditions under this provision may be granted every two years, for up to a 

total of 8 years stay outside New Zealand. 

d. Partners and children may be granted further travel conditions for a period equivalent to 

that of the principal applicant provided the immigration officer is satisfied that the 

relationship between them and the principal applicant is genuine and ongoing. 



RV4 GRANT OF A SECOND OR SUBSEQUENT RESIDENT VISA 

RV4.1 Who is not eligible for a second or subsequent resident visa? 


People are not eligible for a second or subsequent resident visa if they: 

a. are not eligible for a visa under section 15 or 16 of the Immigration Act 2009; or 

b. are prohibited for entry or for grant of a visa to New Zealand because they are subject to 

restrictions or a ban (see RA9 and R5.100). 

RV4.5 Who may apply for a second or subsequent resident visa? 


A person may apply for a second or subsequent resident visa if they have held, or been 

deemed to hold, a resident visa that has expired because the holder either: 

a. left New Zealand after the expiry of the travel conditions; or 

b. are outside of New Zealand when the travel conditions expired. 


RV4.10 Determining an application for a second or subsequent resident visa 


a. An applicant for a second or subsequent resident visa may be granted a second or 

subsequent resident visa if: 

i the principal applicant would have met the criteria to be granted a variation of travel 

conditions under RV3.5, RV3.10 or RV3.15 had they applied for it on the date the 

current applicant’s resident visa expired and those travel conditions would still be valid 

on the date the application for a second or subsequent resident visa was made; or 

ii the principal applicant would have met the criteria to be granted a permanent resident 

visa had they applied for it on the date the current applicant’s resident visa expired 

and that date was less than 24 months before the date the application for a second or 

subsequent resident visa is made; or 

iii the principal applicant meets the criteria for one of the special provisions for a second 

or subsequent resident visa (RV4.20). 

b. A non-principal applicant may be assessed independently of the principal applicant if the 

instructions of RV1.20.1 to RV1.20.20 apply. 

RV4.15 Conditions imposed on a second or subsequent resident visa 



a. Any conditions (except travel conditions) imposed under section 49(1) of the Immigration 

Act 2009 on the expired visa must be replicated on any second or subsequent resident 

visa granted. Any such conditions must be valid until the same date as on the applicant’s 

previous resident visa. 

b. Multiple entry travel conditions granted on second or subsequent resident visa must be 

valid for the longest of:


i the date the variation of travel conditions would have been valid to, had the principal 

applicant applied for one on the date the current applicant’s resident visa expired; or 

ii 24 months from the date the current applicant’s resident visa expired if the principal 

applicant was eligible for a permanent resident visa on that day; or 

iii the duration specified by special provisions for the grant of a second or subsequent 

resident visa set out at RV4.20. 


RV4.20 Special provisions for the grant of a second or subsequent resident 

visa 

RV4.20.1 Partners of New Zealand citizens 

a. Partners of New Zealand citizens may be granted a second or subsequent resident visa 

with 24 months of multiple entry travel conditions, provided the New Zealand partner 

supports the application in writing and: 

i the applicant’s resident visa was obtained on the basis of their partnership with the 

same New Zealand citizen and the partnership is ongoing; or 

ii an immigration officer is satisfied that the applicant has been living with the New 

Zealand citizen in a genuine and stable relationship for at least one year at the time of 

application. 

b. Dependent children of the partner of a New Zealand citizen, who were included in that 

partner's residence class visa application, may be granted a second or subsequent resident 

visa with 24 months of travel conditions, equivalent to the partner’s second or subsequent 

resident visa. 

c. An immigration officer may ask for any additional evidence that the relationship is 

ongoing, genuine, and stable, including that obtained by interview. 

RV4.20.5 Former resident visa holders seconded overseas as part of their New 

Zealand employment 

a. A former resident visa holder seconded overseas as part of their New Zealand employment 

may be granted a second or subsequent resident visa if: 

i the principal applicant would have met the criteria to be granted a variation of travel 

conditions under RV3.20.10 had they applied for it on the date their resident visa 

expired and; 

ii the principal applicant met the criteria under RV3.20.10 at the time the application for 

a second or subsequent resident visa was made; and 

iii the date the principal applicant’s resident visa expired was less than 24 months before 

the date the application for the second or subsequent resident visa was made. 

b. The multiple entry travel conditions on second or subsequent resident visas granted under 

these instructions must be valid until 24 months from the date the resident visa expired. 

c. Partners and children may be granted a second or subsequent resident visa with travel 

conditions for a period equivalent to that of the principal applicant provided the 

immigration officer is satisfied that the relationship between them and the principal 

applicant is genuine and ongoing. 


RESIDENCE FROM WORK CATEGORY 


RW1 Objective ...................................................................... 48-1 

RW2 Residence instructions for holders of work visas granted 

under the Talent (Accredited Employers) work 

instructions ................................................................ 49-1 

RW3 Residence instructions for holders of.................................. 50-1 


under the long term skill shortage list work instructions ..... 50-2 

RW5 English language requirements.... ..................................... 51-1 

RW6 Migrant Levy ................................................................. 52-1 


under religious worker instructions ................................. 53-1


RW1 OBJECTIVE 

See previous instructions RW1 Effective 07/11/2011 

The objective of the Residence from Work Category is to enable the grant of residence class 

visas to people whose talents are needed by New Zealand employers, people with exceptional 

talent in a field of art, culture or sport, people working in areas of identified absolute 

occupational shortage in New Zealand and religious workers. 

Note: Where these instructions refer to holding a visa, this includes holding a permit granted 

under the Immigration Act 1987. 



RW2 RESIDENCE INSTRUCTIONS FOR HOLDERS OF WORK VISAS 

GRANTED UNDER THE TALENT (ACCREDITED EMPLOYERS) WORK 

INSTRUCTIONS 


Holders of visas granted under the Talent (Accredited Employers) work instructions may be 

granted a residence class visa where: 

a. they have held a work visa granted under the Talent (Accredited Employers) work 

instructions for a period of at least 24 months; and 

b. during the currency of that visa they have been employed in New Zealand throughout a 

period of 24 months: 

i by any accredited employer; or 

ii by an employer(s) who is not an accredited employer, provided that during the period 

of that employment the conditions of the applicant's visa were varied to allow them to 

work for that employer(s) (see WR1.5(c) (ii)); and 

c. they have employment in New Zealand with a minimum base salary of: 

i NZ$50,000 per annum if the associated work to Residence visa application (WR1) was 

made on or after 30 July 2007 but before 28 July 2008; or 

ii NZ$55,000 per annum if the associated work to Residence visa application (WR1) was 

made on or after 28 July 2008 ; and 

d. they hold full or provisional registration, if full or provisional registration is required to 

practice in the occupation in which they are employed; and 

e. they meet health and character requirements (see A4 and A5). 

Note: 

~ Applicants under these instructions must be in New Zealand at the time they lodge their 

application for a residence class visa. 

~ For the avoidance of doubt, the minimum base salary excludes employment-related 

allowances (for example overtime, tool or uniform allowances, medical insurance, 

accommodation). 

~ Where an employee is to work more than 40 hours per week, the minimum base salary must 

be calculated on the basis of 40 hours work per week. 

RW2.1 Eligibility for a permanent resident visa 

A permanent resident visa may be granted to an applicant under Talent (Accredited 

Employers) work instructions who: 

a. meets all the requirements to be granted a residence class visa; and 


b. at the time of their application for a residence class visa, has employment in New Zealand 

with a minimum base salary of NZ$90,000. 

RW2.5 Requirements for employment 

Employment must be: 



a. in New Zealand; and 

b. full-time (that is it amounts to, on average, at least 30 hours per week); and 

c. ongoing (that is, for employment that is permanent, or indefinite, or for a stated term of 

at least 12 months with an option for the employee of further terms); and 

d. genuine; and 

e. compliant with all relevant employment law in force in New Zealand. 

Note: Compliance with relevant New Zealand employment law includes but is not limited 

to: 

~ a written employment agreement that contains the necessary statutory specified terms 

and conditions; 

~ meeting holiday and special leave requirements and other minimum statutory criteria; 

~ meeting occupational safety and health obligations. 

RW2.10 Evidential requirements 


Applications for a residence class visa under the residence instructions for holders of work 

visas granted under the Talent (Accredited Employers) work instructions must include: 

a. Evidence that during the currency of their visa granted under the Talent (Accredited 

Employers) work instructions, the applicant has been employed in New Zealand by any 

accredited employer throughout a period of at least 24 months; and 

b. Evidence of employment that meets the requirements set out at RW2.5; and 

c. Evidence that the applicant holds full or provisional registration, if full or provisional 

registration is required to practice in the occupation in which they have employment. 



RW3 RESIDENCE INSTRUCTIONS FOR HOLDERS OF... 

RW3 Residence instructions for holders of work visas granted under the Talent (Arts, 

Culture and Sports) work instructions 

Holders of visas granted under the Talent (Arts, Culture and Sports) work instructions may be 

granted a resident visa where: 

a. they have held a work visa granted under the Talent (Arts, Culture and Sports) work 


b. during the currency of that visa they have been actively engaged in their declared field of 

art, culture or sport throughout a period of 24 months in New Zealand; and 

c. they are still prominent in that field of art, culture or sport; and 

d. their continued presence in New Zealand will enhance the quality of New Zealand's 

accomplishments and participation in that field of art, culture or sport; and 

e. they are supported by a New Zealand organisation of national repute in their declared 

field; and 

f. they have an acceptable sponsor (see R4.5); and 

g. they meet health and character requirements (see A4 and A5); and 

h. they have not, at any time since the grant of their visa under the Talent (Arts, Culture and 

Sports) work instructions, applied for, or been granted welfare assistance under the Social 

Security Act 1964. (For the purpose of these instructions, any welfare assistance applied 

for by, or granted to, a partner or child of the holder of a work visa granted under these 

instructions is welfare assistance applied for or granted to the holder.) 

Note: Applicants under these instructions must be in New Zealand at the time they lodge their 

application for a resident visa. 

RW3.1 Definition of 'New Zealand organisation of national repute' 

A 'New Zealand organisation of national repute' is: 


a. a New Zealand organisation that has a nationally recognised record of excellence in a field 

of art, culture or sport; or 

b. a New Zealand organisation that has a nationally recognised record of excellence in 

fostering exceptional talent in a field of art, culture or sport. 


RW3.5 Support by a New Zealand organisation of national repute and 

sponsorship by an acceptable sponsor 

a. Applicants must provide evidence of support by a New Zealand organisation of national 

repute in their declared field of art, culture or sport and evidence of sponsorship by an 

acceptable sponsor by providing a completed Talent (arts, culture and sports) Sponsorship 

Form (INZ 1091) with their application for a resident visa. 

b. Completion of the form includes:


i a statement of support for the resident visa application from an organisation of 

national repute in the applicant's declared field of art, culture or sport; and 

ii the reasons for which the organisation considers that the applicant's presence in New 

Zealand will continue to enhance the quality of New Zealand's accomplishments and 

participation in the declared field of art, culture or sport; and 

iii a written undertaking of sponsorship from a natural person, organisation, or 

government agency which is an acceptable sponsor to confirm they will meet the costs 

specified at R4.10 if those costs are incurred in the 24 months after the grant of the 


Note: The sponsor is not required to be the organisation that is supporting the application. 



Applications for a residence class visa under the Residence instructions for holders of work 

visas granted under the Talent (Arts, Culture and Sports) work instructions must include: 

a. Evidence that during the currency of their visa granted under the Talent (Arts, Culture and 

Sports) work instructions, the applicant has been active in their declared field of art, 

culture or sport throughout a period of 24 months in New Zealand; and 

b. Evidence that the applicant is still prominent in that field of art, culture or sport; and 

c. A completed Talent (Arts, Culture and Sports) Sponsorship Form (INZ 1091) from an 

organisation of national repute that includes a written undertaking from an acceptable 

sponsor as set out in R4.10. 


RW4 Residence instructions for holders of work visas granted under the long 

term skill shortage list work instructions 


Holders of visas granted under the long term skill shortage list work instructions may be 

granted a resident visa where: 

a. they have held a work visa granted under the long term skill shortage list work 


b. they have employment with a minimum base salary of NZ$45,000 per annum that is 

either: 

i in an occupation that was on the Long Term Skill Shortage List when they were 

granted a work visa under the long term skill shortage list work instructions; or 

ii in an occupation that is on the long term skill shortage list at the time their application 

for a resident visa is made; and 

c. they are aged 55 years or under; and 

d. they hold full or provisional registration, if full or provisional registration is required to 

practice in the occupation in which they are employed in New Zealand; and 

e. they meet health and character requirements (see A4 and A5).


Notes: 

~ Applicants under these instructions must be in New Zealand at the time they lodge their 

application for a resident visa. 

~ For the avoidance of doubt, the minimum base salary excludes employment related 

allowances (for example overtime, tool or uniform allowances, medical insurance, 

accommodation) and must be calculated on the basis of 40 hours’ work per week. 

RW4.1 Requirements for employment 

Employment must be: 

a. in New Zealand; and 

b. full-time, (that is it amounts to, on average, at least 30 hours per week); and 


c. ongoing (that is, for employment that is permanent, or indefinite, or for a stated term of 

at least 12 months with an option for the employee of further terms); and 

d. genuine; and 

e. compliant with all relevant employment law in force in New Zealand. 

Note: Compliance with relevant New Zealand employment law includes but is not limited to: 

~ a written employment agreement that contains the necessary statutory specified terms and 

conditions 

~ meeting holiday and special leave requirements and other minimum statutory criteria 




Applications for residence class visas under the Residence instructions for holders of work visas 

granted under the long term skill shortage list work instructions must include: 

a. Evidence that the applicant has been employed in New Zealand for a period of at least 24 

months in an occupation that was listed on the long term skill shortage list at the time 

their visa was granted under the long term skill shortage list work instructions; and 

b. Evidence of employment that meets the requirements set out at RW4 (b) and RW4.1; and 

c. Evidence that the applicant holds full or provisional registration, if full or provisional 

registration is required to practice in the occupation in which they have employment. 



RW5 ENGLISH LANGUAGE REQUIREMENTS.... 


RW5 English language requirements under the Residence from Work Category 

a. To be granted a resident visa, partners and dependent children aged 16 and older, who 

are included in any Residence from Work Category application, must either: 

i show that they meet a minimum standard of English to ensure their English language 

ability is sufficient to assist them to successfully settle in New Zealand (see RW5.1); 

or 

ii pre-purchase ESOL training. 

b. In addition, principal applicants under Religious Worker instructions must show that they 

meet a minimum standard of English to ensure their English language ability is sufficient 

to assist them to successfully settle in New Zealand (see RW5.1). 

RW5.1 Minimum standard of English 

See previous instructions RW5.1 Effective 29/11/2010 


a. Principal applicants under Religious Worker residence instructions and partners and 

dependent children aged 16 and older under all Residence from Work categories meet the 

minimum standard of English if: 

i they provide a Test Report Form (no more than 2 years old at the time the application 

is lodged) from the International English Language Testing System (IELTS), showing 

they achieved an "Overall Band" score of 5 or higher in the IELTS General or Academic 

Module; or 

ii they provide evidence that they have an English-speaking background (see RW5.5) 

which is accepted by an immigration officer as meeting the minimum standard of 

English; or 

iii they provide other evidence which satisfies an immigration officer that, taking account 

of that evidence and all the circumstances of the application, the person meets the 

minimum standard of English. These circumstances may include but are not limited to: 




whether the applicant speaks any language other than English; 

whether members of the applicant's family speak English; 

whether members of the applicant's family speak any language other than English; 

the nature of the applicant's current or previous employment (if any) and whether 

that is or was likely to require skill in English language; 


those qualifications was likely to require skill in English language. 

b. In any case under (a) (ii) or (iii), an immigration officer may require an applicant to 

provide an IELTS certificate in terms of paragraph (a)(i). In such cases, the IELTS 

certificate will be used to determine whether the applicant meets the minimum standard of 

English. 

Note: 

~ Full consideration must be given to all evidence of English language ability provided before a 

decision to request an IELTS certificate under RW5.1(b) is made. If an IELTS certificate is 

requested, the reason(s) behind the decision must be clearly documented and conveyed to the


applicant. 

~ IELTS is an international organisation that provides an assessment of ability in English. Its 

General and Academic Modules provide band totals (test results) showing overall ability as well 

as performance in listening, reading, writing and speaking. 

RW5.5 Evidence of an English-speaking background 


Evidence of an English-speaking background is original or certified copies of documents 

showing: 

• completion of all primary education and at least 3 years of secondary education (that is, 

the equivalent of New Zealand Forms 3 to 5 or years 9 to 11) at schools using English as 

the language of instruction; or 

• completion of at least 5 years of secondary education (that is, the equivalent of New 


instruction; or 

• completion of a course of at least 3 years' duration leading to the award of a tertiary 

qualification at institutions using English as the language of instruction; or 

• that the applicant holds General Certificate of Education (GCE) 'A' Levels from Britain or 

Singapore with a minimum C pass (the passes must specifically include the subjects 

English Language or Literature, or Use of English); or 

• that the applicant holds International Baccalaureate – full Diploma in English Medium; or 

• that the applicant holds Cambridge Certificate of Proficiency in English – minimum C pass; 

or 

• that the applicant holds Hong Kong Advanced Level Examinations (HKALE) including a 

minimum C pass in Use of English; or 

• that the applicant holds STPM 920 (Malaysia) – A or B pass in English Literature; or 

• that the applicant holds University of Cambridge in collaboration with University of Malaya, 

General Certificate of English (GCE) "A" levels with a minimum C pass. The passes must 

specifically include the subjects English or General Paper. 

• that the applicant holds South African Matriculation Certificate, including a minimum D 

pass in English (Higher Grade); or 

• that the applicant holds South African Senior Certificate, including a minimum D pass in 

English (Higher Grade), endorsed with the words 'matriculation exempt'; or 

• that the applicant holds a New Zealand Tertiary Entrance Qualification gained on 

completing the seventh form. 


RW5.10 Employment in New Zealand as English-speaking background 

a. An applicant is also considered to have an English-speaking background if: 

i they have been lawfully employed full-time in an occupation in New Zealand for a 

minimum of 12 months; and 

ii English was the language of employment


b. "Employment' in the context of English language requirements policy does not include selfemployment. 

RW5.15 Evidence of employment in New Zealand 


a. Evidence of full-time employment in New Zealand for a minimum of 12 months is original 


i references from employers on company letterhead, which state the occupation and 

dates of employment and the contact phone number and address of the employer; or 

ii an employment agreement with confirmation from the employer that the applicant is 

still employed. 

b. Evidence that English was the language of employment is a written statement from the 

employer that English was the primary language used in that employment. 

RW5.20 INZ to collect charge on behalf of TEC 


a. If they do not meet the minimum standard of English, applicants who are eligible to prepurchase 

ESOL tuition must pre-purchase ESOL tuition from TEC (Tertiary Education 

Commission) by paying the required charge to INZ (who collect this charge on behalf of 

TEC). 

b. Before a residence class visa is granted, applicants must pay any ESOL tuition charge due. 

RW5.25 TEC to arrange ESOL tuition 



ESOL tuition charge. This does not include INZ and TEC administration costs. 





RW5.30 Applicant's Agreement with TEC 


a. Each applicant who pre-purchases ESOL tuition must sign an Agreement by which they 

agree, among other things, that they understand the rules for taking up ESOL tuition in 

New Zealand and the refund provisions. 

b. The content of the Agreement is determined by INZ and TEC.




RW5.35 Completion of agreement 



a. When an application for a residence class visa is approved in principle, applicants will be 

given two copies of the Agreement to complete for each person in the application 

undertaking the English language training. 


copy is returned to INZ processing office with the tuition fee(s). 


residence class visa application must be declined. 


RW5.40 The amount of ESOL tuition to be pre-purchased 








5 


4.5 


4 

NZ$1,735 NZ$1,531.82 

NZ$3,420 NZ$3,063.64 

NZ$5,110 NZ$4,600.00 

Less than 3.5 NZ$6,795 NZ$6,131.82 

b. The charge includes the applicant's ESOL tuition entitlement, as well as INZ and TEC 

administration costs.




RW5.45 Failure to pre-purchase ESOL tuition 


Any ESOL tuition charge due must be paid before a residence class visa is granted; and if it is 

not paid to INZ within the specified time, the residence class visa application must be declined. 

RW5.50 Limited period to use ESOL tuition 


a. If ESOL tuition is purchased in New Zealand, the applicant must complete the tuition 

within 3 years from the date of payment. 

b. If ESOL tuition is purchased outside New Zealand, the applicant must complete the tuition 

within 3½ years from the date of payment. 

c. ESOL tuition will not be available without further payment, nor will refunds be given, to 

applicants who do not take up ESOL tuition within the time limits specified in paragraphs 

(a) and (b). 

RW5.55 Refunds of ESOL tuition money 



children included in the application do not take up residence, a refund may be granted 

upon request to INZ. The request must be made in writing. 



c. Immigration officers considering requests for refunds must be satisfied that the principal 

applicant and partner and dependent children included in the application: 

i have not taken up residence; and 

ii do not hold current residence class visas. 

d. The person who paid the fee will be repaid only the ESOL entitlement. The INZ and TEC 




RW6 MIGRANT LEVY 

Applicants approved under the Residence from Work Category are required to pay a Migrant 

Levy (see R5.90). 



RW7 RESIDENCE INSTRUCTIONS FOR HOLDERS OF WORK VISAS 

GRANTED UNDER RELIGIOUS WORKER INSTRUCTIONS 

Objective 

The objective of Residence instructions for holders of work visas granted under Religious 

Worker instructions is to: 

a. provide New Zealand communities with the opportunity to practise, maintain and advance 

their religious beliefs; and 

b. maintain the integrity of the immigration system through clear guidelines for applicants to 

enter New Zealand and undertake genuine religious work. 


RW7.5 Residence instructions for holders of work visas granted under 

Religious Worker instructions 

Holders of visas granted under Religious Worker instructions (or Ministers of religion, 

missionaries, and members of religious orders instructions, or Specific purpose or event work 

instructions at WS2(g) before 5 November 2011) may be granted a resident visa where they: 

a. have held a work visa for a period of at least three years, and met the conditions of that 

visa granted under: 

i Religious Worker instructions; 

ii Ministers of religion, missionaries, and members of religious orders instructions 

(before 5 November 2011); or 

iii Specific purpose or event work instructions (at WS2(g) before 5 November 2011); and 

b. have an acceptable sponsor (see RW7.10); and 

c. have a genuine offer of work from their sponsor that is: 

i for religious work (see RW7.5.1); and 

ii in New Zealand; and 

iii ongoing (permanent, indefinite, or for a stated term of at least five years); and 

d. are aged 55 years or under; and 

e. meet the minimum English language requirements (see RW5.1); and 

f. have at least five years of religious training and/or religious work experience; and 

g. meet health and character requirements (see A4 and A5); and 

h. have not, at any time since the grant of their work visa under the Religious Worker 

instructions, applied for, or been granted welfare assistance under the Social Security Act 

1964. (For the purpose of these instructions, any welfare assistance applied for by, or 

granted to, a partner or child of the holder of a work visa granted under these instructions 

is welfare assistance applied for or granted to the holder.) 

Note: Applicants under these instructions must be in New Zealand at the time they lodge their 

application for a resident visa.


RW7.5.1 Definition of ‘religious work’ 

a. Religious work must substantially be a primary role including one or more of the following: 

i teaching or guidance in religious scripture or philosophy; 

ii leading religious practice, worship or prayer; 

iii conducting religious initiations, ordination or ritual; 

iv ministering or pastoral care; 

v roles of religious leadership in relation to any of the above. 

b. Applicants are considered to be undertaking religious work where INZ is satisfied that the 

work the applicant is being sponsored to undertake directly serves the religious objectives 

of the sponsoring organisation. 

Note: Supporting roles for the sponsoring organisation, including cooking or cleaning may 

be secondary roles a religious worker may undertake. Secondary roles, however, will not in 

themselves qualify as religious work for the purposes of a visa. Religious study is not 

considered religious work for the purposes of these instructions. 

c. Religious work may include: 

i employment for a position that is paid a salary or wages; or 

ii work for a position that is paid a stipend; or 

iii work for a position that does not receive direct financial return to the worker, or 

iv work for a position that is paid through any alternative arrangement to RW7.5.1 (c) (i) 

- (iii). 

d. Where a religious worker is employed by the sponsoring organisation (RW7.5.1(c) (i)), the 

sponsoring organisation must supply an employment agreement for the duration of the 

sponsorship obligations. 

e. Where a religious worker is not employed by the sponsoring organisation (RW7.5.1(c) (ii) - 

(iv)), the sponsoring organisation must provide a description of the work that includes the 

primary role(s), and any secondary role(s) the religious worker will be expected to 

undertake. 

RW7.10 Sponsorship by an acceptable sponsor 


a. Applicants must provide evidence of sponsorship by an acceptable sponsor by providing a 

completed Sponsorship Form for Religious Workers (INZ 1190) with their application for a 


b. Completion of the form must include: 

i evidence that: 

the sponsoring organisation is a charity registered with the Charities Commission 

with a primary purpose of advancing religion; and 

work to be undertaken by the applicant meets the requirements at RW7.5(c); 

ii a statement from the sponsoring organisation establishing the reasons why that the 

organisation considers that work by the applicant will continue to serve their religious 

objectives; and


iii a declaration of sponsorship from the organisation, to confirm they will meet the 

undertakings specified at R4.10 for a period of five years after the grant of the 

resident visa; and 

iv information to demonstrate that the sponsoring organisation has a long term need for 

a religious worker (this may include, but is not limited to a statement demonstrating a 

shortage of New Zealanders or resident visa holders suitable and available for the 

religious work, or information pertaining to the growth of the religious organisation or 

their followers). 

RW7.10.1 Requirements for sponsoring organisations 

a. Sponsoring organisations under these instructions must have a history of compliance with 

the relevant employment and immigration law in force in New Zealand. Compliance with 

relevant New Zealand employment and immigration law includes, but is not limited to: 

i paying employees no less than the appropriate minimum wage rate or other 

contracted industry standard; and 



iii only employing people who have authority to work in New Zealand. 

b. Evidence or confirmation of compliance with relevant New Zealand employment and 

immigration law may include but is not limited to: 

i an employment agreement with the applicant which demonstrates compliance (if the 

applicant is employed); and 

ii a recognised history with the Department of Labour of past compliance. 

c. Immigration officers may also request other evidence or confirmation of the employer's 

past and future compliance with employment and immigration law. 

d. Immigration officers may require employers to provide evidence that the rate of pay 

and/or conditions of work offered to the applicant is not less than that for New Zealand 

workers undertaking similar work for the sponsoring organisation. 

e. INZ will decline an application for a Religious Worker resident visa where it considers that 

granting the visa would undermine the integrity, credibility or reputation of the New 

Zealand immigration or employment relations systems. 

Note: To determine whether an employment agreement creates an unacceptable risk to the 

integrity of New Zealand's immigration and employment laws or instructions, an 

immigration officer may consider whether the rate of pay and/or conditions of the work are 

comparable to that for New Zealand workers undertaking similar work for the sponsoring 

organisation. 



Applications under these instructions must include evidence: 


a. that the applicant has been undertaking religious work in New Zealand for a period of at 

least three years; and 

b. of work that meets the requirements set out at RW7.5.1; and


c. of sponsorship by an acceptable sponsor (see RW7.10); and 

d. of at least five years of religious training and/or religious work experience relevant to the 

religious work the applicant is being sponsored to undertake, that may include, but is not 

limited to: 

i testimonials; 

ii certificates of ordination; 

iii curriculum vitae; 

iv documentation demonstrating relevant work experience; or 

v a verified copy of an awarding certificate for a relevant qualification. 

RW7.20 Conditions and currency of Religious Worker visas 



a. Resident visas granted under these instructions will be subject to the condition that the 

applicant must undertake religious work for the sponsoring organisation only. This 

condition will apply for five years from the visa holder’s first day as a resident in New 

Zealand, except where RW7.20 (d) applies. 

b. A resident visa granted under the Religious Worker instructions is subject to the condition 

that the sponsor of the visa holder meets their obligations as set out in R4.10 for five 

years from the visa holder’s first day as a resident in New Zealand. 

c. The multiple entry travel conditions on a resident visa granted under the Religious Work 

instructions must be valid for five years from the visa holder’s first day as a resident in 


d. Despite (a) above, the holder of that visa may request that the conditions on their resident 

visa be varied to allow them to work for another registered charity of the same religious 

affiliation whose purpose is advancing religion. 

Note: The sponsoring organisation can be changed, for example, where the sponsoring 

organisation stated on the visa is deregistered as a charitable organisation under Section 

31 of the Charities Act 2005. 

e. Where RW7.20 (d) applies, the applicant must provide supporting documentation to 

confirm that: 

i the new sponsoring organisation is an acceptable sponsor; and 

ii the visa holder will undertake religious work for the new sponsor. 


SPECIAL CATEGORIES 


S1 Special Categories for certain nationalities ............................ 54-1 

S2 Special directions Instructions ............................................. 55-1 

S3 Refugee and Protection Category ......................................... 56-1 

S4 Special residence Categories ............................................... 57-1


S1 SPECIAL CATEGORIES FOR CERTAIN NATIONALITIES 

S1.1 Pitcairn Islanders 

a. Pitcairn Islanders are considered for a resident visa under a special category because New 

Zealand recognises that there are few employment opportunities on Pitcairn Island. 

b. Pitcairn Islanders must be approved for a resident visa if they: 

i apply in the prescribed manner (see R2.35 - R2.45), and 

ii meet health and character requirements (see A4 and A5), and 

iii have an offer of employment in New Zealand that meets the requirements of SM7.15. 


S1.10 Samoan Quota Scheme 


S1.10 Effective 26/03/2012 

S1.10 Effective 30/04/2011 

S1.10 Effective 04/04/2011 

S1.10 Effective 29/11/2010 

S1.10.1 Objective 

The Samoan Quota Scheme allows up to 1,100 Samoan citizens to be granted a resident visa 

each year. The total number of Samoan citizens approved under this category includes 

principal applicants, their partners and dependent children. 

S1.10.5 Criteria for a resident visa 

a. To qualify for a resident visa under the Samoan Quota Scheme, the principal applicant 

must: 

i be a Samoan citizen (having been born in Samoa or born overseas to a Samoan 

citizen who was born in Samoa); and 

ii be either in Samoa or lawfully in New Zealand at the time their application for a 

resident visa is made; and 

iii have their registration drawn from the Samoan Quota Scheme pool; and 

iv lodge their application for a resident visa under the Samoan Quota Scheme within 

eight months of written advice from INZ that their registration has been drawn from 

the Samoan Quota Scheme pool; and 

v have been aged between 18 and 45 (inclusive) at the registration closing date; and 

vi have an acceptable offer of employment, or have a partner included in the application 

who has an acceptable offer of employment (see S1.10.30 below); and 

vii (if they have dependent children) meet the minimum income requirement (see 

S1.10.35 below); and 

viii meet a minimum level of English language ability (see S1.10.45 below); and 

ix meet health and character requirements (see A4 and A5). 

b. Partners and dependent children of the principal applicant who are included in the resident 

visa application must also meet health and character requirements for a resident visa (see 

A4 and A5).


c. An immigration officer may extend the eight month timeframe referred to in paragraph 

(a)(iv) if the officer believes the special circumstances of the applicant justify such an 

extension. 

d. The Regional Manager (Pacific/Americas), Visa Services may extend the eight month 

timeframe referred to in paragraph (a)(iv) in relation to a class of applicants if the 

Regional Manager believes the special circumstances of the class of applicants justify such 

an extension. 

S1.10.10 Registration process for principal registrants 

a. Principal registrants may register for entry into the Samoan Quota pool within a set 

registration period. The dates of the registration period will be announced each year prior 

to the registration opening. 

b. Principal registrants must be aged between 18 and 45 (inclusive) at the registration 

closing date for their registration to be accepted into the ballot. 

c. Registrations must be made on the Registration Form for Samoan Quota Scheme, 

available on the INZ website (www.immigration.govt.nz/forms) or from branches of INZ. 

d. Registrations must be submitted during the registration period to the appropriate receiving 

office specified on the Registration Form for Samoan Quota Scheme. 

e. Registrations will be accepted for entry into the ballot only if they are fully completed, 

signed by the principal registrant, and accompanied by any documents or evidence 

specified as required by the registration form. 

f. Any registrants who have previously overstayed in New Zealand, but have departed 

voluntarily, and do not have a removal order or period of prohibition on entry in force in 

respect of them, can register under the Samoan Quota Scheme. 

g. Any registrants included in a registration must either: 

i be in New Zealand lawfully at the time the registration is made; or 

ii be offshore at the time the registration is made. 

S1.10.10.1 Definition of 'principal registrant' 

The principal registrant is the person who is declared to be the principal registrant on the 

registration application form and who intends to be the principal applicant of any resulting 


S1.10.15 Inclusion in registration of immediate family members of the principal 

registrant 

a. Where the principal registrant has a partner and/or dependent children all of those people 

must be included in the registration. 

b. If a registration is successful in the pool draw, only a partner and/or dependent children 

included in the registration may be included in the resulting application for a resident visa 

under the Samoan Quota Scheme. This limitation applies despite R2.1 concerning the 

inclusion of family members in an application. 

c. Any partner and/or dependent children who were eligible for inclusion in the registration 

but were not included must not subsequently be granted a residence class visa under the 

Partnership or Dependent Child Categories.


d. Despite (b) and (c) above, a partner or dependent child who was included in the 

registration but not in the resulting application for a resident visa may be granted a 

residence class visa as a principal applicant under the Partnership or Dependent Child 

Categories. 

e. Notwithstanding (b) above, in the event an applicant includes any partner and/or 

dependent child in their application who was not included in their registration, officers 

should allow the principal applicant an opportunity to explain the non-declaration in 

accordance with R5.15 before applying the limitation referred to in (b). 

f. Where a person is not eligible to be included at the time of registration but is eligible at 

the time of the application for a resident visa (e.g. in the case of a newborn child), they 

may be included in the resident visa application provided R2.1 is met. 

S1.10.20 Number of registrations that may be lodged 

Registrants must lodge (or be included in) only one registration within the registration period. 

If a registration is lodged that includes registrants who are already included in a registration 

accepted by INZ, the subsequent registration(s) will not be accepted. 

S1.10.25 Selection process following closure of registration 

a. As soon as practicable following the closure of the registration period, INZ will conduct an 

electronic draw. 

b. Registrations will be randomly drawn from the pool until the appropriate number of 

potential applicants to fill the number of available places within the annual period has been 

drawn. 

c. Principal registrants whose registrations have been drawn from the pool will be notified by 

INZ in the month following the draw that their registration has been successful, and will be 

invited to lodge an application for a resident visa under the Samoan Quota Scheme at the 

appropriate receiving office of INZ not more than eight months after the date of that 

advice. 

S1.10.30 Acceptable offers of employment 

a. Acceptable offers of employment may be in either a skilled or unskilled occupation but 

must be for ongoing and sustainable employment. Ongoing and sustainable employment is 

employment with a single employer: 

i in a job which is permanent, or indefinite, and of which the employer is in a position to 

meet the terms specified; or 

ii for a stated term of at least twelve months with an option for the employee of further 

terms, and of which the employer is in a position to meet the terms specified. 





b. Acceptable offers of employment must also be: 

i for full-time employment (employment is full-time if it amounts to, on average, at 

least 30 hours per week) unless S1.10.35.1 (c) applies; and 

ii current at the time of assessing the application and at the time of grant of the visa; 

and


iii genuine; and 

iv for a position that is paid by salary or wages (ie, positions of self-employment, 

payment by commission and/or retainer are not acceptable); and 

v accompanied by evidence of professional or technical registration if this is required by 

law to take up the offer; and 

vi compliant with all relevant employment law in force in New Zealand. 

c. An acceptable offer of employment must be from an employer who complies with all 

relevant employment and immigration law in force in New Zealand. Compliance with 

relevant New Zealand employment and immigration law will be assessed on the basis of 

past and current behaviour, and includes, but is not limited to: 

i paying employees no less than the applicable minimum wage rate; and 

ii meeting holiday and leave entitlements and other minimum statutory requirements; 

and 

iii meeting occupational safety and health obligations; and 

iv only employing people who are entitled to work in New Zealand. 

d. If the principal applicant has dependent children, the offer of employment must also meet 

the minimum income requirement set out at S1.10.35 below. 

S1.10.35 Minimum income requirement 

a. Principal applicants with dependent children must show that they will meet the minimum 

income requirement if they come to New Zealand, which is intended to ensure they can 

support themselves and their dependent children. 

b. The gross minimum income requirement is $31,547.36. This is based on the 

Unemployment Benefit (married and civil union rate) plus the maximum Accommodation 

Supplement (as set by the New Zealand Government). 

c. The minimum income requirement must be derived from an acceptable offer of 

employment - see S1.10.30. 

S1.10.35.1 Ability to include partner's income as part of the minimum income 

requirement 

a. If both the principal applicant and their partner included in their application have an 

acceptable offer of employment in New Zealand, both of their wages or salaries may be 

taken into account when determining if the minimum income requirement is met. 

b. In such cases the partner's employment and income will only be taken into account if, at 

the time the application is assessed, an immigration officer is satisfied the principal 

applicant and partner have been living together for 12 months or more in a partnership 

that is genuine and stable (see R2.1.15.1(b) and R2.1.15.5(a)(i)). 

c. Where the employment (and income) of both the principal applicant and their partner is 

used to meet the minimum income requirement, both offers of employment must meet all 

the requirements in S1.10.30 except that only one has to meet the requirement that the 

offer be for full-time employment. 

S1.10.40 Evidence of employment offer 

a. Evidence of an offer of employment is original or certified copies of the following 

documents:


i a written offer of employment; and 

ii a detailed job description; and 

iii an employment agreement entered into by the employer and the principal applicant, 

stating: 

the terms of employment; and 

the hours of work; and 

the period during which employment may begin. 

b. Additional evidence may include, but is not limited to: 

i any information requested by INZ; and 

ii the results of any verification undertaken by INZ; and 

iii information from the employer or recruitment agency. 

S1.10.45 Minimum English language requirement 

The interviewing immigration officer determines whether principal applicants meet the 

minimum English language requirement by assessing whether they are able to: 

a. read English; and 

b. understand and respond to questions in English; and 

c. maintain an English language conversation about themselves, their family or their 

background. 

S1.10.50 Determining applications 

a. The immigration officer must sight the original job offer and verify that it is genuine and 

current by checking: 

i directly with the employer; or 

ii through the nearest branch office of INZ to the employer in New Zealand; or 

iii by some other appropriate arrangement. 

b. The immigration officer must then assess the applicant's English language ability against 

the criteria at S1.10.45 above. 

S1.10.55 Grant of visas 

a. If an application for a resident visa under the Samoan Quota Scheme is approved and the 

applicant is in New Zealand lawfully, a resident visa will be granted. 

b. If an application for a resident visa under the Samoan Quota Scheme is approved and the 

applicant is in Samoa, the principal applicant will be granted with a resident visa with 

travel conditions allowing first entry within three months, while the partner and dependent 

children will be granted resident visas with travel conditions allowing first entry within 12 

months. 

S1.11 Residual Quota Places Category 


a. If the annual quota of places available under the Samoan Quota Scheme is not filled by 

applicants drawn from the ballot, INZ will, for the purpose of filling remaining places, call 

for resident visa applications within a specified period from persons who:


i are Samoan citizens (having been born in Samoa or born overseas to a Samoan citizen 

who was born in Samoa); and 

ii are in New Zealand at the time applications are called for under this category; and 

iii are lawfully in New Zealand at the time their application for a resident visa is made; 

and 

iv are aged between 18 and 45 inclusive; and 

v have an acceptable offer of employment or have a partner, included in the application, 

who has an acceptable offer of employment (see S1.10.30); and 

vi meet the minimum income requirement (see S1.10.35) if they have dependants; and 

vii meet a minimum level of English language ability (see S1.10.45); and 

viii meet health and character requirements (see A4 and A5). 

b. Partners and dependent children accepted under the Quota must meet health and 

character requirements (see A4 and A5). 

c. Applications will only be accepted if sent to the designated receiving office in New Zealand 

on the form Application for Residence in New Zealand (INZ 1000) 

d. Applications that are lodged in the prescribed manner (that meet all mandatory lodgement 

requirements) will be processed in the order in which they are received. 

e. Applicants who meet the criteria specified in (a) to (c) above will be granted a resident 

visa. 

f. All applications received that have not been decided at the time that all the remaining 

places from the annual quota have been filled will be treated as lapsed. 

S1.40 Pacific Access Category 


S1.40 Effective 26/03/2012 

S1.40 Effective 30/04/2011 

S1.40 Effective 04/04/2011 

S1.40 Effective 29/11/2010 



The Pacific Access Category allows up to 250 citizens of Tonga, 75 citizens of Tuvalu, and 75 

citizens of Kiribati to be granted residence class visas in New Zealand each year. The total 

number of individuals approved under each category includes principal applicants, their 

partners and dependent children. 


a. To qualify for a resident visa under the Pacific Access Category, the principal applicant 

must: 

i be a citizen of Tonga, Tuvalu, or Kiribati; and 

ii have their Pacific Access Category registration drawn from the relevant Tonga, Tuvalu, 

or Kiribati pool of the Pacific Access Category; and 

iii lodge their application for a resident visa under the Pacific Access Category within 

eight months of written advice from INZ that their registration has been drawn from 

the relevant Tonga, Tuvalu, or Kiribati pool of the Pacific Access Category; and


iv have been aged between 18 and 45 (inclusive) at the registration closing date; and 

v have an acceptable offer of employment or have a partner, included in the application, 


vi (if they have dependent children) meet the minimum income requirement set out at 

S1.40.35 below; and 

vii meet a minimum level of English language ability (see S1.40.45 below); and 

viii meet health and character requirements (see A4 and A5). 

b. Principal applicants who are citizens of Tonga must be: 

i either in Tonga or lawfully in New Zealand at the time their application under the 

Pacific Access Category is made; and 

ii must have been born in Tonga or born overseas to a Tongan citizen who was born in 

Tonga. 

c. Principal applicants who are citizens of Kiribati must be: 

i either in Kiribati or Fiji or lawfully in New Zealand at the time their application under 

the Pacific Access Category is made; and 

ii must have been born in Kiribati or born overseas to a Kiribati citizen who was born in 

Kiribati. 

d. Principal applicants who are citizens of Tuvalu must be: 

i either in Tuvalu or Fiji or lawfully in New Zealand at the time their application under 

the Pacific Access Category is made; and 

ii must have been born in Tuvalu or born overseas to a Tuvaluan citizen who was born in 

Tuvalu. 

e. Partners and dependent children included in applications under the Pacific Access Category 

must also meet health and character requirements (see A4 and A5). 

f. An immigration officer may extend the eight-month timeframe referred to in paragraph 

(a)(iii) if the officer believes the special circumstances of the applicant justify such an 

extension. 

g. The Regional Manager (Pacific/Americas), Visa Services may extend the eight-month 

timeframe referred to in paragraph (a)(iii) in relation to a class of applicants if the 

Regional Manager believes the special circumstances of the class of applicants justify such 

an extension. 

S1.40.10 Registration process for principal registrants 

a. Principal registrants may register for entry into the relevant Tonga, Tuvalu, or Kiribati pool 

of the Pacific Access Category within a set registration period. The dates of the registration 

period will be announced each year prior to the registration opening. 

b. Principal registrants must be aged between 18 and 45 (inclusive) at the registration 

closing date for their registration to be accepted into the ballot. 

c. Registrations must be made on the Registration Form for Pacific Access Category, available 

on the INZ website (www.immigration.govt.nz) or from branches of INZ. 

d. Registrations must be submitted during the registration period to the appropriate receiving 

office specified on the Registration Form for Pacific Access Category.


e. Registrations will be accepted for entry into the ballot only if they are fully completed, 

signed by the principal registrant, and accompanied by any documents or evidence as 

required by the registration form. 

f. A fee is payable for registration. Payment must be made in a manner specified on the 

Registration Form for Pacific Access Category. 

g. Any registrants who have previously overstayed in New Zealand, but have departed 

voluntarily, and do not have a removal or deportation order in force in respect of them, 

can register under the Pacific Access Category. 

h. Any registrants included in a registration must either: 

i be in New Zealand lawfully at the time the registration is made; or 

ii be offshore at the time the registration is made. 

S1.40.10.1 Definition of 'principal registrant' 

The principal registrant is the person who is declared to be the principal registrant on the 

registration application form and who intends to be the principal applicant of any resulting 

residence class visa application. 

S1.40.15 Inclusion in registration of immediate family members of the principal 

registrant 

a. Where the principal registrant has a partner and/or dependent children all of those people 

must be included in the registration. 

b. If a registration is successful in the pool draw, only a partner and/or dependent children 

included in the registration may be included in the resulting application for a resident visa 

under the Pacific Access Category. This limitation applies despite R2.1 concerning the 

inclusion of family members in an application. 



Partnership or Dependent Child Categories. 




Categories. 








S1.40.20 Number of registrations that may be lodged 

Registrants must lodge (or be included in) only one registration within the registration period. 

If a registration is lodged that includes registrants who are already included in a registration 

accepted by INZ, the subsequent registration(s) will not be accepted.


S1.40.25 Selection process following closure of registration 

a. INZ will conduct an electronic draw as soon as practicable after the closure of the 

registration period. 

b. Registrations will be randomly drawn from the pool of registrations, until the appropriate 

number of potential registrants to meet the various quotas of available places within the 

annual period has been drawn. 

c. Principal registrants whose registrations have been drawn from the various pools will be 

notified by INZ in the month following the draw that their registration has been successful 

and that they must lodge a full application under the Pacific Access Category to the 

appropriate receiving office of INZ not more than eight months after the date of that 

advice. 

d. Principal registrants who are unsuccessful in the registration process within a particular 

registration period are able to re-register within subsequent registration periods at a 

reduced fee. 





i in a job which is permanent, or indefinite, and of which the employer is in a position to 

meet the terms specified; or 


terms, and of which the employer is in a position to meet the terms specified. 







least 30 hours per week) unless S1.40.35.1 (c) applies; and 

ii current at the time of assessing the application and at the time of grant the visa; and 







c. An acceptable offer of employment must be from an employer who complies with all 

relevant employment and immigration law in force in New Zealand. Compliance with 

relevant New Zealand employment and immigration law will be assessed on the basis of 

past and current behaviour, and includes, but is not limited to: 

i paying employees no less than the applicable minimum wage rate; and 

ii meeting holiday and leave entitlements and other minimum statutory requirements; 

and 

iii meeting occupational safety and health obligations; and


iv only employing people who are entitled to work in New Zealand. 

d. If the principal applicant has dependent children, the offer of employment must also meet 





support themselves and their dependent children. 

b. The gross minimum income requirement is $31,547.36. This is based on the 

Unemployment Benefit (married and civil union rate) plus the maximum Accommodation 

Supplement (as set by the New Zealand Government). 

c. The minimum income requirement must be derived from the acceptable offer of 

employment - see S1.40.30. 

S1.40.35.1 Ability to include the partner's income as part of the minimum income 

requirement 

a. If both the principal applicant and their partner included in their application have an 

acceptable offer of employment in New Zealand, both of their wages or salaries may be 

taken into account when determining if the minimum income requirement is met. 

b. In such cases the partner's employment and income will only be taken into account if, at 

the time the application is assessed, an immigration officer is satisfied the principal 

applicant and partner have been living together for 12 months or more in a partnership 

that is genuine and stable (see R2.1.15.1(b) and R2.1.15.5(a)(i)). 

c. Where the employment (and income) of both the principal applicant and their partner is 

used to meet the minimum income requirement, both offers of employment must meet all 

the requirements in S1.40.30, except that only one has to meet the requirement that the 

offer be for full-time employment. 

S1.40.40 Evidence of employment offer 

a. Evidence of an offer of employment is original or certified copies of the following 

documents: 

i a written offer of employment; and 

ii a detailed job description; and 

iii a letter from the employer stating whether or not any occupational registration is 

required by law for the principal applicant to take up the position; and 

iv an employment agreement entered into by the employer and the principal applicant, 

stating: 

the terms of employment; and 

the hours of work; and 

the period during which employment may begin. 

b. Additional evidence may include, but is not limited to: 

i any information requested by INZ; and 

ii the results of any verification undertaken by INZ; and 

iii information from the employer or recruitment agency.



Immigration officers determine whether principal applicants meet the minimum English 

language requirement by assessing whether they are able to: 

a. read English; and 

b. understand and respond to questions in English; and 

c. maintain an English language conversation about themselves, their family or their 

background. 

S1.40.50 Determining applications 

a. Immigration officers must sight the original job offer and verify that it is genuine and 

current by checking: 

i directly with the employer; or 

ii through the nearest branch office of INZ to the employer in New Zealand; or 

iii by some other appropriate arrangement. 

b. Immigration officers must assess the applicant's English language ability against the 

criteria at S1.40.45 above. 

S1.40.55 Grant of visas 

a. If an application for a resident visa under the Pacific Access Category is approved and the 

applicant is in New Zealand lawfully, a resident visa will be granted. 

b. If an application for a resident visa under the Pacific Access Category is approved and the 

applicant is in Tonga, Kiribati, Tuvalu, or Fiji, the principal applicant will be granted a 

resident visa with travel conditions allowing first entry within three months, while the 

partner and dependent children will be granted resident visas with travel conditions 

allowing first entry within 12 months. 

S1.41 Residual PAC Places Category 


a. If the annual quota of places available for each country under the Pacific Access Category 

is not filled by applicants drawn from the ballots, INZ will, for the purpose of filling 

remaining places, call for resident visa applications within a specified period from persons 

who: 

i are citizens of the countries that have unfilled places; and 

ii are in New Zealand at the time applications are called for under this category; and 

iii are lawfully in New Zealand at the time their application for a resident visa is made; 

and 

iv have an acceptable offer of employment or have a partner, included in the application, 

who has an acceptable offer of employment (see S1.40.30); and 

v are aged between 18 and 45 inclusive; and 

vi meet the minimum income requirement (see S1.40.35) if they have dependants; and 

vii meet a minimum level of English language ability (see S1.40.45); and 

viii meet health and character requirements (see A4 and A5).


b. Principal applicants who are citizens of Tonga must have been born in Tonga or born 

overseas to a Tongan citizen who was born in Tonga. 

c. Principal applicants who are citizens of Kiribati must have been born in Kiribati or born 

overseas to a Kiribati citizen who was born in Kiribati. 

d. Principal applicants who are citizens of Tuvalu must have been born in Tuvalu or born 

overseas to a Tuvaluan citizen who was born in Tuvalu. 

e. Partners and dependent children included in applications under the Pacific Access Category 

must meet health and character requirements (see A4 and A5). 

f. Applications will only be accepted if sent to the designated receiving office in New Zealand 

on the form Application for Residence in New Zealand (INZ 1000). 

g. Applications that are lodged in the prescribed manner (that meet all mandatory lodgement 


h. Applicants who meet the criteria specified in (a) to (f) above will be granted a resident 

visa. 

i. All applications received that have not been decided at the time that all the remaining 

places from the annual quota have been filled will be treated as lapsed. 

S1.45 Special Samoan Quota Places Category 



This category allows for the grant of a resident visa to citizens of Samoa who made an 

application for a resident visa under the Residual Quota Places Category and that application 

had not been decided as at 7 December 2008. 


a. To qualify for a resident visa under the Special Samoan Quota Places Category, the 

principal applicant must: 

i be a Samoan citizen (having been born in Samoa or born overseas to a Samoan 

citizen who was born in Samoa); and 

ii have made an application for a resident visa under the Residual Quota Places Category 

before 28 November 2005 which was not decided as at 7 December 2008; and 

iii have withdrawn that undecided application after 7 December 2008; and 



v meet the minimum income requirement (see S1.45.15 below) if they have 

dependants; and 

vi meet a minimum level of English language ability (see S1.45.20 below); and 

vii meet health and character requirements (see A4 and A5). 

b. Partners and dependent children accepted under this category must meet health and 

character requirements (see A4 and A5).


c. Applications will only be accepted on the Application for Special Samoan Quota Places form 

and should be sent to the designated receiving office in New Zealand. 

d. Applications that are made in the prescribed manner (that meet all mandatory lodgement 


e. Applications must have been made before or on 31 March 2009. 





i in a job which is permanent, or indefinite, and for which the employer is in a position 

to meet the terms specified; or 


terms, and for which the employer is in a position to meet the terms specified. 







least 30 hours per week); and 

ii current at the time of assessing the application and at the time of the grant of the 

visa; and 








~ a written employment agreement that contains the necessary statutory specified terms and conditions 

~ paying employees no less than the appropriate adult or youth minimum wage 



c. If the principal applicant has dependent children, the offer of employment must also meet 





support themselves and any dependants. 

b. The gross minimum income requirement for the purposes of this category is $25,585. 

c. The salary or wages specified in the acceptable offer of employment (see S1.45.10) must 

be equal to or more than the gross minimum income requirement.


d. However, if the principal applicant does not have a job offer or if their income does not 

meet (b) above, their partner's acceptable job offer may be taken into account when 

determining if the minimum income requirement is met. An immigration officer must be 

satisfied (at the time the application is assessed) that the principal applicant and partner 

have been living together for 12 months or more in a partnership that is genuine and 

stable - see R2.1.15.1(b) and R2.1.15.5(a)(i). The offers of employment must meet all the 

requirements in S1.45.10, except that only one has to meet the requirement that the offer 

be for full-time employment. 


a. Immigration officers determine whether principal applicants meet the minimum English 





background. 


S1.50 Special PAC Places Category 


This category allows for the grant of a resident visa to citizens of Tonga, Tuvalu, Kiribati or Fiji 

who made an application for a resident visa under the Residual PAC Places Category and that 

application had not been decided as at 7 December 2008. 


a. To qualify for a resident visa under the Special PAC Places Category, the principal 

applicant must: 

i be a citizen of Tonga, Tuvalu, Kiribati or Fiji; 

ii have made an application for a resident visa under the Residual PAC Places 

Instructions before 28 November 2005 which was not decided as at 7 December 2008; 

and 

iii have withdrawn that undecided application after 7 December 2008; and 



v meet the minimum income requirement (see S1.50.15) if they have dependants; and 

vi meet a minimum level of English language ability (see S1.50.20); and 

vii meet health and character requirements (see A4 and A5). 

b. Principal applicants who are citizens of Tonga must have been born in Tonga or born 

overseas to a Tongan citizen who was born in Tonga. 

c. Principal applicants who are citizens of Kiribati must have been born in Kiribati or born 

overseas to a Kiribati citizen who was born in Kiribati. 

d. Principal applicants who are citizens of Tuvalu must have been born in Tuvalu or born 

overseas to a Tuvaluan citizen who was born in Tuvalu.


e. Principal applicants who are citizens of Fiji must have been born in Fiji or born overseas to 

a Fijian citizen who was born in Fiji. 

f. Partners and dependent children accepted under this category must meet health and 

character requirements (see A4 and A5). 

g. Applications will only be accepted on the Application for Special PAC Places Instructions 

form and should be sent to the designated receiving office in New Zealand. 

h. Applications that are made in the prescribed manner (that meet all mandatory lodgement 


i. Applications must be made before or on 31 March 2009. 





i in a job which is permanent, or indefinite, and for which the employer is in a position 

to meet the terms specified; or 


terms, and for which the employer is in a position to meet the terms specified. 







least 30 hours per week); and 

ii current at the time of assessing the application and at the time of the grant of the 

visa; and 








~ a written employment agreement that contains the necessary statutory specified terms and conditions 

~ paying employees no less than the appropriate adult or youth minimum wage 



c. If the principal applicant has dependent children, the offer of employment must also meet 

the minimum income requirement set out at S1.50.15 below.





support themselves and any dependants. 

b. The gross minimum income requirement for the purposes of this category is $25,585. 

c. The salary or wages specified in the acceptable offer of employment (see S1.50.10) must 

be equal to or more than the gross minimum income requirement. 

d. However, if the principal applicant does not have a job offer or if their income does not 

meet (b) above, their partner's acceptable job offer may be taken into account when 

determining if the minimum income requirement is met. An immigration officer must be 

satisfied (at the time the application is assessed) that the principal applicant and partner 

have been living together for 12 months or more in a partnership that is genuine and 

stable - see R2.1.15.1(b) and R2.1.15.5(a)(i). The offers of employment must meet all the 

requirements in S1.50.10, except that only one has to meet the requirement that the offer 

be for full-time employment. 


a. Immigration officers determine whether principal applicants meet the minimum English 





background. 



S2 SPECIAL DIRECTIONS INSTRUCTIONS 

S2.1 Requests for special directions 


See also Immigration Regulation 2010 reg 34 

a. In the context of special directions instructions, requests for special directions are limited 

to people described by sections 15 or 16 of the Immigration Act 2009 (see A5.20 (b)) who 

are not eligible for a residence class visa. 

b. If there are sufficient grounds to consider granting a residence class visa to a person not 

eligible for a visa (see A5.25), the processing officer may invite the applicant to request a 

special direction (RA7) authorising the grant of a residence class visa. 

c. An invitation may be made only in cases involving exceptional circumstances, usually of a 

humanitarian nature, where, but for sections 15 or 16 of the Immigration Act 2009, the 

person concerned is otherwise eligible for the grant of a residence class visa under 

residence instructions. 

d. Despite paragraph (b), if INZ receives a request without having made an invitation, it may 

consider that request. 

e. Neither the Minister of Immigration nor INZ is obliged to consider any request for a special 

direction. 

S2.5 Procedure 


a. Applicants must make the request in writing and must include the reasons why they 

consider they should be granted a special direction. 

Note: The request is not in itself an application for a visa. If an application for a residence 

class visa has not been made and the request for a special direction is granted, a formal 

application must follow. 

b. Applicants overseas who request a special direction should make their request to the 

nearest branch of INZ or accredited MFAT post in their country of residence. 

c. Applicants within New Zealand should make requests to a branch of INZ. 

d. If the request is granted, applicants should be advised that a special direction will be made 

(and if necessary, a temporary visa granted under section 61 to allow the residence class 

visa application to be made) once they pay the fee for a special direction. 

e. Applications for a residence class visa may then be processed in the usual way, once the 

appropriate application fee for the visa has been paid.


f. If a request is refused, neither the Minister of Immigration nor INZ is obliged to give 

reasons for any decision other than the fact that under section 11(c) of the Immigration 

Act 2009 he or she is not obliged to give reasons for refusing to make a special direction; 

and section 23 of the Official Information Act 1982 (concerning access for reasons for 

decisions) and section 27 of the Immigration Act 2009 do not apply. 

S2.10 Requests from prohibited people 


Requests for special directions in relation to people prohibited under sections 15 or 16 of the 

Immigration Act 2009 from being granted a residence class visa, are decided at various levels, 

depending on their category under sections 15 or 16. 

S2.10.1 Requests from prohibited people 

a. Unless the Minister of Immigration has previously declined a request for a special 

direction, the request should be referred to an officer with Schedule 1-2 delegations for a 

decision to approve or decline. 

b. If the Minister previously declined a special direction request, the request should be 

referred to the Resolutions Branch, which will then forward it to the Minister for decision. 

S2.10.5 People prohibited under section 15(1)(c)(d)(e) or (f) 

a. The request should be referred to the Resolutions Branch along with supporting comment 

and a recommendation from the processing officer. 

b. The Resolutions Branch will then forward the request to the Minister of Immigration for 

decision. 

S2.10.10 People prohibited under section 15(1)(a) or section 16 

a. An officer with Schedule 1-2 delegations may make a decision to decline the request. 

b. Possible approvals should be referred to the Resolutions Branch, along with supporting 

comment. 

c. The Resolutions Branch will then forward the request to the Minister of Immigration for 

decision. 

S2.10.15 People prohibited under section 15(1)(b) 

a. An officer with Schedule 1-2 delegations may make a decision to decline or approve the 

request. 

b. Any approval of a request for a special direction authorising the grant of a residence class 

visa requires the person making the request to be otherwise eligible for the grant of 

residence class visa under residence instructions. 



S3 REFUGEE AND PROTECTION CATEGORY 

S3.1 Objective 

New Zealand's refugee and protection instructions: 

a. reflects the Government's commitment to fulfilling its international humanitarian 

obligations; and 

b. contributes to the global community's efforts to assist refugees and protected people. 

S3.5 Categories of refugees and protected persons 

See previous instructions S3.5 Effective 29/11/2010 

a. New Zealand provides assistance to two categories of refugee: 


i Mandated refugees (people determined to be refugees by the United Nations High 

Commission for Refugees (UNHCR) before arrival in New Zealand); and 

ii Convention refugees (people given refugee status by the New Zealand Government 

under the 1951 Convention Relating to the Status of Refugees and the 1967 Protocol 

Relating to the Status of Refugees (see C2.5)). 

b. The Government sets the number of places available for mandated refugees under the 

Refugee Quota (currently 750 persons per year). 

c. New Zealand also provides assistance to people recognised as a protected person in New 

Zealand in accordance with certain obligations under the 1984 Convention Against Torture 

and Other Cruel, Inhuman or Degrading Treatment or Punishment or the 1966 

International Covenant on Civil and Political Rights. 

S3.10 Permanent resident visas for refugees and protected persons 



a. Mandated refugees who meet the requirements at S3.22 may be granted permanent 

resident visas. 

b. Immigration officers may, at their discretion, grant permanent resident visas to 

"Convention" refugees and protected persons (see C5.15.1). 

c. All refugee claimants who are recognised as having refugee status may apply for a 

permanent resident visa on the basis of that recognition. 

d. Protection claimants who are recognised as having protection status may apply for a 

permanent resident visa on the basis of that recognition, unless, in determining any 

refugee or protection claim they made, one or more of the following applied: 

i they were excluded from being granted refugee status by Article 1F of the Refugee 

Convention; 

ii they have had a refugee claim or subsequent refugee claim not accepted for 

consideration on the basis of sections 134(3) or 140(1)(b) of the Immigration Act 

2009;


iii a refugee and protection officer has determined there are serious reasons for 

considering a protected person has committed an act as outlined in section 137(2) of 

the Immigration Act 2009. 

e. Protected persons to whom S3.10(d) applies will have their immigration status determined 

by the Minister of Immigration. 

f. Applicants eligible to apply for a permanent resident visa may include dependants in the 

application in accordance with residence instructions (see R2). 


S3.15 Requirements for making an application for grant of a permanent 

resident visa (refugee or protection status) 


S3.15 Effective 26/03/2012 

S3.15 Effective 29/11/2010 

a. Applications for a permanent resident visa that are based on the recognition of New 

Zealand refugee or protection status must be made in the prescribed manner (see R2.40). 

The application must include a copy of the letter confirming the grant of refugee or 

protection status. 

b. Applications may be made at any New Zealand branch of INZ. 

c. Appropriately delegated immigration officers may waive by special direction: 

i the application fee for the principal applicant and any partner and/or dependent 

child(ren) recorded in the refugee or protection status application; and 

ii the requirement to submit an overseas police clearance certificate from the country or 

countries in relation to which a well-founded fear or basis for conferring New Zealand’s 

protection has been established (see C2.5.1); and/or 

iii any other mandatory requirement for lodgement except the requirement to complete 

and submit a Residence Application (INZ1000) form together with two passport 

photographs of, and a Limited Medical Certificate (INZ 1201) and a Chest X-ray 

Certificate (INZ 1096) for, each person included in the application. 

d. If a birth certificate for any person included in the application is unavailable, a statutory 

declaration confirming full name, date and place of birth and full names of both parents 

must be submitted. 

e. If documents relating to the custody of any child under the age of 16 included in the 

application are unavailable, a statutory declaration confirming the legal custody of children 

must be submitted. 

f. The principal applicant and partner included in the application, must supply evidence to 

show the nature and duration of their partnership, and that it is a genuine and stable 

partnership (see F2.20). A statutory declaration confirming the duration and nature of the 

partnership must be submitted if such evidence would be unduly difficult to obtain 

because: 

i conditions in the relevant country are such that the country's governmental 

infrastructure is no longer functioning; and/or 

ii there are circumstances beyond the control of the applicants which prevent them 

obtaining the required evidence. 

g. If overseas police clearances are unavailable for any person aged 17 and older included in 

the application, a statutory declaration must be provided stating whether the applicant has


been convicted, or found guilty of, or charged with, any offences against the law in the 

country or countries for which police clearance certificates are unavailable. 

h. INZ will apply for New Zealand Police clearance certificates for the principal applicant and 

any dependants aged 17 years and over included in the application who have been in New 

Zealand for more than 12 months at the date the application is made. 


S3.17 Requirements for making an application for grant of a permanent 

resident visa (mandated refugee) 

a. A person who has been recognised as a mandated refugee (see S3.5(a)(i)) by the United 

Nations High Commissioner for Refugees (UNHCR), and put forward for consideration to be 

resettled in New Zealand under the refugee quota residence programme, may apply for a 

permanent resident visa. 

b. Applications must be made in the prescribed manner (see R2.40), submitted at an 

interview with an immigration officer or delegated individual, and be processed and 

decided by the Refugee Quota Branch (RQB). 

c. RQB immigration officers may waive by special direction any mandatory requirement for 

lodgement including the application fee, except the requirement to complete and submit a 

Residence Application for Mandated Refugees form together with two passport 

photographs of each person included in the application. 

d. If an original or certified copy of a birth certificate or identity card for any person included 

in the application is unavailable, a statutory declaration confirming full name, date and 

place of birth and full names of both parents must be submitted. 

e. If documents relating to the custody of any child under the age of 16 included in the 

application are unavailable, a statutory declaration confirming the legal custody of children 

must be submitted and/or a UNHCR Best Interest Determination (BID). Where the child is 

an unaccompanied minor or separated child, a UNHCR BID must be submitted. 

f. The principal applicant and partner included in the application must supply evidence to 




because: 





g. Applicants who have been selected to be part of the refugee quota programme are exempt 

from the requirement to have an acceptable standard of health (see A4.10). 

h. The principal applicant and any dependants, aged 17 and over, included in the application 

must provide a police clearance certificate, less than 6 months old at the time the 

application is decided for each country in which they have lived for 12 months or more 

during the past 10 years except where: 

i the certificate is required from the applicant’s home country, where they have a wellfounded 

fear of approaching the authorities; or 

ii the authorities of any such country do not generally provide police certificates; or


iii the immigration officer deems it unsafe for the applicant to approach the authorities of 

that country. 

i. If overseas police clearances are unavailable for any person aged 17 and older included in 

the application, a statutory declaration must be provided stating whether the applicant has 




S3.20 Requirements for grant of a permanent resident visa (refugee or 

protection status) 


S3.20 Effective 26/03/2012 

S3.20 Effective 29/11/2010 

a. To be granted a permanent resident visa, principal applicants must satisfy immigration 

officers that: 

i refugee or protection status has been recognised; and 

ii they have established their identity and that of any partner and/or dependent 

child(ren); and 

iii the relationship between the principal applicant and any partner and/or dependent 

child(ren) included meets residence criteria (see R2.1.15 and R3); and 

iv they meet the health and character requirements in A4 and A5, or are waived from 

these requirements by an appropriately delegated immigration officer, who has 

applied the instructions set out at A4.60 and A5.25.1, has waived them (see also 

C5.15.5); and 

v they are not able to be deported from New Zealand because of the limitation on 

deportation arising from section 164 of the Immigration Act 2009 (see also C5.15.5) 

b. Refugees or protected persons who have held limited visas at any time are not eligible to 

apply for a permanent resident visa. They can only be granted a permanent resident visa 

under section 61 of the Immigration Act 2009 upon the expiry of their limited visa. 


S3.22 Requirements for grant of a permanent resident visa (mandated 

refugee) 

To be granted a permanent resident visa, principal applicants must have met the requirements 

for making an application (S3.17) and must satisfy an immigration officer that: 

a. their identity and that of anyone included in their application has been established; 

b. they are a United Nations High Commissioner for Refugees (UNHCR) mandated refugee 

and their refugee claim is credible; 

c. all applicants included in the application have been interviewed by an immigration officer 

or an appropriately delegated individual; 

d. the relationship between the principal applicant and any partner and/or dependent 

child(ren) included meets residence criteria (see R2.1.15 and R3); 

e. the applicant(s) meet the character requirements at A5, or are waived from these 

requirements by an appropriately delegated immigration officer; and


f. there are no significant barriers to the applicants’ ability to settle into New Zealand. 

S3.22.1 Status of applicants granted a permanent resident visa under the mandated 

refugee category 

All applicants granted a permanent resident visa under this category are to be treated as 

principal applicants for the purpose of any future requests to sponsor family members under 

any applicable categories. 

S3.25 Temporary entry class visas 


a. Applicants for residence class visas who have current temporary entry class visas should 

ensure that their visas remain current while the application for a residence class visa is 

being processed (see E8.10). 

b. Immigration officers may grant further temporary entry class visas to all persons included 

in the residence class visa application for the time needed to complete processing of the 

application. 

c. If the temporary entry class visa of the principal applicant or any dependant included in 

the application has expired, then it may be appropriate to consider granting a visa under 

section 61 of the Immigration Act 2009 (see E8.1). 

S3.30 Deportation orders 


If any person included in the application has a removal or deportation order in force, an 

appropriately designated immigration officer must, if appropriate, cancel the removal or 

deportation order before a permanent resident visa is granted. 


S3.35 Entry of overseas dependants of approved refugee or protection status 

claimants 

a. Once residence has been approved in principle for people included in the refugee or 

protected person’s application, permanent resident visas may be granted to them. 

b. Temporary entry class visas may be granted to such dependants before the principal 

applicant's resident visa application is finalised, if circumstances in the overseas country 

warrant it. 


S3.40 Liability for deportation on cancellation of refugee or protection status 


See also Immigration Act 2009 s162 

A holder of a residence class visa granted as a result of refugee or protection status may be 

liable for deportation if a person suffers loss of refugee or protection status under C6. 



S4 SPECIAL RESIDENCE CATEGORIES 

S4.5 Residence Category for victims of domestic violence 



The objectives of the residence category for victims of domestic violence is to: 

a. enable partners of New Zealand citizens or residence class visa holders to remain in New 

Zealand where they: 

i intended to seek residence class visas on the basis of their relationship which has 

ended because of domestic violence to either the non-resident partner or their 

dependent child; and 

ii cannot return home because of the impacts of stigma, or because they would have no 

means of independent financial support from employment or other means; and 

b. recognise New Zealand's international obligations, particularly to: 

i end discrimination against women in all matters related to marriage and family 

relations (Article 16 of the Convention on the Elimination of All Forms of 

Discrimination Against Women); and 

ii protect children from mental and physical violence (Article 19 of the United Nations 

Convention on the Rights of the Child); 

S4.5.2 Who is eligible for a resident visa for victims of domestic violence 

People in New Zealand who: 

a. are, or have been, in a partnership (see F2.5b) with a New Zealand citizen or residence 

class visa holder; and 

b. had intended to seek a residence class visa in New Zealand on the basis of that 

relationship; and 

c. that partnership has ended due to domestic violence by the New Zealand citizen or 

residence class visa holder or by someone with whom the applicant is living with in a 

domestic relationship; and 

d. are unable to return to their home country because: 

i would have no means of independent financial support from employment or other 

means, and have no ability to gain financial support from other sources; or 

ii would be at risk of abuse or exclusion from their community because of stigma; and 

e. meet health and character requirements (see A4 and A5); 

may be granted a resident visa. 

Note: For the purpose of these instructions, 'domestic relationship' has the meaning set out in 

s4 of the Domestic Violence Act 1995. 

S4.5.5 Evidence of domestic violence 

Evidence of domestic violence means:


a. a final Protection Order against the New Zealand citizen or resident partner, or someone 

with whom the applicant is living in a domestic relationship, under the Domestic Violence 

Act 1995; or 

b. a relevant New Zealand conviction of the New Zealand citizen or residence class visa 

holder partner, or someone with whom the applicant is living in a domestic relationship, of 

a domestic violence offence against the principal applicant or a dependent child of the 

principal applicant; or 

c. a complaint of domestic violence against the principal applicant or a dependent child 

investigated by the New Zealand Police where the New Zealand Police are satisfied that 

domestic violence has occurred; or 

d. a statutory declaration from the applicant stating that domestic violence has occurred and 

two statutory declarations completed by persons competent to make statutory 

declarations that domestic violence has occurred (see S4.5.6 below). 

Note: For the purpose of these instructions, 'domestic violence' has the meaning set out in s.3 

of the Domestic Violence Act 1995. 

S4.5.6 Persons competent to make a statutory declaration that domestic violence has 

occurred 

a. Statutory declarations from the following persons stating that they are satisfied that 

domestic violence has occurred are acceptable as evidence of domestic violence: 

i social workers who are: 

registered with the Social Workers Registration Board; or 

full members of the Aotearoa New Zealand Association of Social Workers; or 

employed under the State Sector Act 1988; 

ii doctors registered with the New Zealand Medical Council; 

iii nurses registered with the Nursing Council of New Zealand; 

iv psychologists registered with the New Zealand Psychologists Board; 

v counsellors who are members of the New Zealand Association of Counsellors; and 

vi experienced staff members of Child Youth and Family approved women's refuges who 

have been nominated by: 

the National Collective of Independent Women's Refuges 

Shakti Community Council. 

b. In order to meet the requirements of S4.5.6 d above, an applicant must supply a statutory 

declaration from people acting in their professional capacity from two of the groups listed 

above. The two people must be unrelated professionally (for example, they cannot be a 

doctor and a nurse from the same practice). 

c. Immigration officers may verify that statutory declarations provided as evidence of 

domestic violence have been made by the appropriate person by contacting the 

professional bodies listed above. 

S4.5.10 Evidence that the principal applicant has been in a partnership with a New 

Zealand citizen or residence class visa holder 

Evidence that the principal applicant has been in a partnership with a New Zealand citizen or 

residence class visa holder may include, but is not limited to, original or certified copies of: 

• an original or certified copy of a marriage certificate


• correspondence (including postmarked envelopes) addressed to both principal applicant* 

and the New Zealand citizen or residence class visa holder; 

• evidence of communication between the couple; 

• photographs of the couple together; 

• documents indicating public recognition of the relationship; 

• evidence of any specific arrangements and/or engagement ceremonies which have been 

carried out; 

• communication between the parents of the couple and/or a person acting as a go-between 

or matchmaker; 

• other documents indicating public recognition of the arrangement and/or engagement 

ceremony; 

• confirmation from independent sources that such arrangements and/or engagement 

ceremonies are in accordance with the cultural custom of the parties concerned; 

• a joint mortgage, tenancy agreement or rent book; 

• birth certificates of their children; 

• proof of joint assets; 

• proof of shared income; and 

• proof of shared bank accounts. 

S4.5.12 Evidence of living in a domestic relationship with the perpetrator of domestic 

violence 

Evidence that the principal applicant has been living in a domestic relationship with the 

perpetrator of domestic violence includes: 

a. confirmation from the New Zealand Police that they are satisfied the domestic violence 

was perpetrated by someone living at the same address; 

b. a statutory declaration by the applicant that the perpetrator of domestic violence lived at 

the same address as the applicant and was a member of applicant's partner's family; 

c. a statutory declaration by one of the professionals listed at S4.5.2 stating that the person 

lived at the same address as the applicant; 

d. any other documentary evidence that the person lived at the same address as the 

applicant. 

Note: For the purpose of these instructions, 'domestic relationship' has the meaning set out in 

s.4 of the Domestic Violence Act 1995. 

S4.5.15 Evidence of inability to return to the home country 

a. Principal applicants must provide evidence, in the form of documents and/or information 

provided at an interview with an immigration officer, that if they returned to their home 

country they: 

i would have no means of independent financial support from employment or other 

means, and have no ability to gain financial support from other sources; or 

ii would be at risk of abuse or exclusion from their community because of stigma. 

b. INZ may refer to any relevant information when determining the ability to return to their 

home country.


S4.5.20 Making an application 

a. Applications must be made in the prescribed manner (see R2.40); but an appropriately 

delegated immigration officer may waive: 

i the application fee; and 

ii police certificates, if these are not available from a particular country. 

b. Where police certificates are not available, the applicant must make and provide a 

separate statutory declaration in both English and their own language. The statutory 

declaration must: 

i detail the applicant's attempts to obtain a police certificate; and 

ii state whether the applicant and any accompanying family members have been 

convicted; or found guilty of, or charged with offences against the law of that country, 

or have not been charged with any offences against the law of that country; and 

iii be corroborated by other information confirming the applicant's character. 

S4.5.25 Determination of applications 

a. Applications will be determined by immigration officers who have received specialist 

training on this category. 

b. Applications under this category will be given priority processing. 

S4.10 Refugee Family Support Category 


S4.10 Effective 26/03/2012 

S4.10 Effective 29/11/2010 



The objective of the International/Humanitarian Stream is to enable New Zealand to meet its 

international and humanitarian obligations. 

The objective of the Refugee Family Support Category (RFSC) is to facilitate the successful 

resettlement of refugees and protected people resident in New Zealand by providing them with 

an opportunity to sponsor family members who do not qualify for residence under any other 

category of residence instructions. 

Note: The RFSC replaces the Refugee Family Quota. 

S4.10.5 Number of places available under RFSC 

a. The number of places available for sponsored persons under RFSC (including any family 

members included in their registration) is set at 300 per year. 

b. For the purposes of these instructions, a year consists of the 12-month period from 1 July 

to 30 June.


S4.10.10 How do people qualify for residence under RFSC? 

a. A principal applicant and their partner and dependent children qualify for residence under 

RFSC if their sponsor’s registration is selected from the RFSC queues under tier one (see 

S4.10.30) or tier two (see S4.10.40) and: 

i they are not eligible for a residence class visa in New Zealand under any other 

category of Government residence instructions; and 

ii they meet health and character requirements (see A4 and A5); and 

iii their application is made within 12 months of Immigration New Zealand's (INZ) advice 

to their sponsor that the sponsor's registration has been selected from the RFSC tier 

one or tier two queue. 

b. In each case their sponsor must meet 'eligible sponsor' requirements set out at S4.10.15; 

and 

i the requirements for tier one sponsors (see S4.10.20(e)); or 

ii the requirements for tier two sponsors (see S4.10.20(g)). 

S4.10.15 Eligible sponsors under RFSC 

a. For the purpose of RFSC, an 'eligible sponsor' is a New Zealand citizen or resident who: 

i was granted a residence class visa in New Zealand on the basis of their status as a 

refugee or protected person; and 

ii has not sponsored any other principal applicant who has obtained a resident visa in 

New Zealand under RFSC (or Refugee Family Quota); and 

iii is in New Zealand; and 

iv is aged 18 years or over. 

b. Sponsors aged 18 to 24 must be able to satisfy an immigration officer that they are able to 

meet the undertakings given in the sponsorship form. 

S4.10.20 Two tier registration system for sponsors 

a. Registrations from tier one sponsors (see (e) below) will be given first access to available 

places under RFSC by entry into the tier one queue. 

b. Registrations will be selected from the tier one queue in order of their entry to that queue 

until the annual number of places available under RFSC is met. 

c. If the places available annually under RFSC are not filled by people included in tier one 

registrations selected from the queue, registrations required to fill the remaining places 

will be selected from the tier two queue. 

d. If the places available annually under RFSC are not filled by people included in tier one 

registrations and the registrations in the tier two queue are insufficient to fill the remaining 

quota of places, INZ will call for tier two sponsors to submit registrations (see S4.10.20(g) 

and S4.10.35 below). 

e. A tier one sponsor is an 'eligible sponsor' who: 

i is a New Zealand citizen or the holder of a current residence class visa; and 

ii wants to sponsor their parent, grandparent, grandchild, uncle, aunt, nephew, niece, 

adult sibling or adult child, and that person's partner and/or dependent children for a 

resident visa under RFSC; and


iii has no other 'family member' who is eligible for residence in New Zealand under any 

other category of residence instructions; and either 

iv has no 'immediate family' living lawfully and permanently in New Zealand; or 

v is the 'sole carer' (see S4.10.55.15) of a dependent relative or dependent relatives in 

New Zealand and the sponsor has no other ‘immediate family’ living lawfully and 

permanently in New Zealand apart from the dependent relative who is under care. 

f. For the purpose of S4.10.20(e)(v), the ‘dependent relative’ who requires on-going care 

must have no ‘immediate family’ in New Zealand other than the sponsor. 

g. A tier two sponsor is an 'eligible sponsor' who: 

i has 'immediate family' in New Zealand; and 

ii wants to sponsor their parent, adult sibling, adult child, or grandparent (if that 

grandparent is the sponsor's legal guardian, see S4.10.55.20), and that person's 

partner and dependent children for residence under RFSC; and 

iii has no other 'family member' who is eligible for residence in New Zealand under any 

other category of residence instructions; and 

iv is a New Zealand citizen or the holder of a current residence class visa; and 

v has been a New Zealand citizen and/or the holder of a residence class visa for at least 

three years immediately preceding the date the Registration Form for RFSC sponsor is 

lodged; and 

vi in each of the three 12-month portions within that three-year period, has spent a total 

of 184 days or more in New Zealand. 

h. For the purposes of S4.10.20(e), (f), and (g), to be an eligible sponsor under tier one or 

two of RFSC, a sponsor must meet the particular requirements that were in force at the 

time their registration was selected from the queue. 

Note: For the purposes of these instructions 'immediate family' means a sponsor's partner, 

parent, or child (excluding any dependent child in terms of R2.1.30). For the purposes of 

these instructions, 'family member' means a sponsor's partner, parent, child, grandparent, 

grandchild, uncle, aunt, nephew, niece or adult sibling. 

S4.10.25 Registration process for tier one sponsors 

a. Eligible sponsors who meet the requirements for tier one sponsors set out at S4.10.20(e) 

above may register with INZ to sponsor their parent, grandparent, grandchild, uncle, aunt, 

nephew, niece, adult sibling or adult child, and that person's partner and/or dependent 

children for residence under the RFSC tier one queue. 

b. Registrations must be made on the registration form for the appropriate RFSC tier. 

c. Registrations must be submitted by mail to the address specified on the applicable 

registration form. 

d. A fee is payable for registration. 

e. Subject to the provisions of S4.10.50, registrations from sponsors who meet the tier one 

sponsorship requirements set out at S4.10.20(e) above may be entered into the RFSC tier 

one queue if the form is fully completed, signed by the sponsor, and accompanied by any 

documents or evidence as required by the registration form.


S4.10.30 Selection process for tier one sponsors 

a. Registrations will be selected from the tier one queue in chronological order from the date 

that the registration was entered into the tier one queue until the appropriate number of 

potential applicants to meet the number of available places within the annual period has 

been met. 

b. If the number of potential applicants included in registrations in the tier one queue 

exceeds the number of available places within the annual period, INZ will delay the 

selection of further registrations until places become available in the next annual period. 

c. Tier one sponsors with registrations entered into the tier one queue must notify INZ of any 

change in their circumstances. 

d. Sponsors whose registrations have been selected from the tier one queue and appear to 

meet the relevant registration requirements will be notified by INZ that their registration 

has been successful. Sponsors must advise the potential applicants whom they are 

sponsoring to lodge a full application under RFSC to the appropriate receiving office of 

INZ. Such applications must be made within 12 months after the date of the INZ 

notification to the sponsor. Any applications received outside that time limit will not be 

accepted. 

S4.10.35 Registration process for tier two sponsors 

a. Eligible sponsors who meet the requirements for tier two sponsors set out at S4.10.20(g) 

above may register with INZ within a set registration period to sponsor their parent, adult 

sibling or adult child, or grandparent (if that grandparent is the sponsor's legal guardian, 

see S4.10.55.20), and that person's partner and dependent children for residence under 

RFSC tier two queue. 

b. INZ will announce that tier two will open for registration prior to its opening, if and when 

places are available for tier two potential applicants (places will be available if the number 

of potential applicants included in registrations in the tier one queue is less than the 

number of available places within the annual period). Registrations will then open for a set 

period as determined by INZ. 

c. Registrations must be made on the appropriate registration form for the tier under which 

the registration is made. 

d. Registrations must be submitted during the registration period by mail to the address 

specified on the appropriate Registration Form for RFSC 

e. A fee is payable for registration. 

f. Subject to the provisions of S4.10.50, registrations that are received by INZ before the 

end of the registration period from sponsors who meet the tier two sponsorship 

requirements set out at S4.10.20(g) above may be entered into RFSC tier two queue, if 

the form is fully completed, signed by the sponsor, and accompanied by any documents or 

evidence as required by the registration form. 

S4.10.40 Selection process for tier two sponsors 

a. Registrations will be selected from the tier two queue in chronological order from the date 

the registration was entered into the queue, until the appropriate number of potential 

applicants to meet the number of available places in the annual period has been met.


b. If the number of potential applicants included in registrations in the tier one queue 

exceeds the number of available places within the annual period, INZ will delay the 

selection of further registrations from tier two until places become available. 

c. Sponsors with registrations entered into the tier two queue must notify INZ of any change 

in their circumstances. 

d. Sponsors whose registrations have been selected from the tier two queue and appear to 

meet the relevant requirements will be notified by INZ that their registration has been 

successful. Sponsors must advise the potential applicants whom they are sponsoring to 

lodge a full application under RFSC the appropriate receiving office of INZ. Such 

applications must be made within 12 months after the date of the INZ notification to the 

sponsor. Any applications received outside that time limit will not be accepted. 

S4.10.45 Inclusion in registration of immediate family members of the sponsored 

principal applicant 

a. Where the sponsored person has a partner and/or dependent children, all of those people 

must be included in the registration made by the sponsor. 

b. Despite R2.1 concerning the inclusion of family members in an application, an application 

under RFSC can only include the partner and/or dependent children included in the 

preceding sponsor registration. 



Partnership or Dependent Child categories. 




categories. 








S4.10.50 Number of registrations that may be submitted 

a. Sponsors must have only one registration in the tier one or two queues at any time. Each 

registration must be in respect of one potential principal applicant and that person's 

partner and/or dependent children. If a single sponsor lodges more than one registration, 

the second and subsequent registrations will not be accepted. 

b. A registration under RFSC will not be accepted if: 

i any of the potential applicants included in that registration have a current application 

for a residence class visa lodged with INZ under any other category of residence 

instructions; or 

ii any of the potential applicants included in that registration are eligible for a residence 

class visa in New Zealand under any other category of residence instructions (see 

S4.10.10(a)(i)).


c. A registration under RFSC will not be accepted if, at the time the registration is lodged, 

any of the potential applicants included in the registration are unlawfully in New Zealand 

or subject to section 150 of the Immigration Act 2009 (concerning refugee or protection 

status claimants). 

Notes: 

~ Potential applicants in New Zealand should also be aware that they must be lawfully in 

New Zealand and not subject to section 150 of the Immigration Act 2009 in order to lodge 

an application under RFSC. 

~ Where a registration is not accepted for any of the reasons set out in this provision, the 

registration fee will be returned to the sponsor. 

S4.10.55 Definitions 

S4.10.55.1 Definition of 'refugee' 

For the purpose of RFSC, 'refugee' means a person who was granted a residence class visa in 

New Zealand under residence instructions by virtue of being either: 

a. a mandated or quota refugee (people determined to be refugees by the United Nations 

High Commissioner for Refugees (UNHCR)) before arrival in New Zealand; or 

b. a Convention refugee (people recognised as refugees by the New Zealand Government 

under the 1951 Convention Relating to the Status of Refugees and the 1967 Protocol 

Relating to the Status of Refugees (see C2.5 and C5.15)). 

S4.10.55.5 Definition of ‘protected person’ 

For the purpose of RFSC, ‘protected person’ means a person who was granted a residence 

class visa in New Zealand under residence instructions by virtue of being recognised as having 

protection status in accordance with New Zealand’s obligations under the: 

a. 1984 Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or 

Punishment; or 

b. 1966 International Covenant on Civil and Political Rights. 

S4.10.55.10 Definition of 'adult child' 

In the context of a resident visa application under RFSC, 'adult child' means a child of 18 or 

older, unless they are dependent (see R2.1.30). 

S4.10.55.15 Definition of 'sole carer' for tier one sponsorship purposes 

a. For tier one sponsorship purposes, a sponsor will be considered to be the sole carer of a 

dependent relative or relatives in New Zealand if they have the primary responsibility for 

the day-to-day care of a dependent relative or relatives in New Zealand, on an ongoing 

basis. 

Note: A dependent relative can be a sponsor's partner, parent, child, grandparent, 

grandchild, uncle, aunt, nephew, niece or adult sibling. 

b. Evidence that a sponsor is the sole carer includes but is not limited to: 

i evidence of Accident Compensation Corporation (ACC) payments made to the sponsor 

(where the sponsor is considered by ACC to be a provider of home help to a sick or 

injured relative or relatives); and/or 

ii evidence from a District Health Board, General Practitioner or other Health agency 

which specifies the sponsor as a carer of a dependent relative or relatives; and/or


iii evidence from Work and Income that the dependent relative or relatives are on an 

invalid's benefit; and/or 

iv evidence that the dependent relative or relatives are totally or substantially reliant on 

the sponsor for financial support whether living with them or not (where the 

dependent relative(s) are 17 or younger). 

S4.10.55.20 Definition of 'grandparent' as a legal guardian for tier two sponsorship purposes 

For tier two sponsorship purposes, a sponsor's grandparent will be considered as the sponsor's 

legal guardian if: 

a. both the sponsor's parents died before the sponsor attained the age of 20 years; and 

b. the grandparent had custody of the sponsor and the right to control the sponsor's 

upbringing, before the sponsor attained the age of 20 years. 

S4.10.60 Evidence 

The items listed in S4.10.60.1 to S4.10.60.15 below are examples of relevant evidence. Other 


S4.10.60.1 Evidence of identity of applicant(s) 

a. For the purposes of the registration process, INZ may accept the statutory declaration 

made by the sponsor on the RFSC registration form submitted by the sponsor that the 

details they have provided of the person(s) being sponsored is true and correct as being 

sufficient evidence of identity. 

b. Other evidence of identity may also be sought by INZ during the registration process. 

S4.10.60.5 Evidence of immigration status of sponsors 

a. When lodging a registration under RFSC, sponsors must provide evidence of their 

immigration status as follows: 

b. Evidence that sponsors are New Zealand citizens may include but is not limited to original 


i a valid New Zealand passport; or 

ii a Certificate of New Zealand Citizenship; or 

iii a recent official statement of citizenship from the Department of Internal Affairs. 

c. Evidence that sponsors are New Zealand residence class visa holders may include but is 

not limited to original or certified copies of a current New Zealand residence class visa, or 

evidence they are considered to hold a residence class visa in their passport or travel 

document. 

S4.10.60.10 Evidence of time spent in New Zealand as a citizen and/or holder of a residence class visa 

a. When determining the amount of time spent in New Zealand, INZ may refer to INZ records 

of sponsors' entry to and exit from New Zealand. 

b. Other evidence of time spent in New Zealand may also be provided by a sponsor or sought 

by INZ. 

c. When lodging a registration under RFSC tier two queue, sponsors may be required to 

provide current and previous passports as evidence of time spent in New Zealand as a 

citizen and/or holder of a residence class visa.


Note: Periods during which a person is in New Zealand are calculated inclusive of both 

arrival and departure dates. 

S4.10.60.15 Evidence of relationship to sponsor 

a. When lodging their application for a resident visa under RFSC, principal applicants must 

provide all available evidence of their relationship to their sponsor. 

b. Evidence of parent's, grandparent's, grandchildren's, nephews', nieces', aunts', uncles', 

siblings' or adult children's, relationship to their sponsor includes but is not limited to 


• birth certificates establishing the relationship of the sponsor to the principal applicant; 

or 

• household registration documents, if these establish the relationship of the sponsor to 

the principal applicant; or 

• evidence of adoption (see R3), which establishes the relationship of the sponsor to the 

principal applicant; or 

• documents issued by the United Nations High Commissioner for Refugees (UNHCR) 

and/or other internationally recognised agencies if these establish the relationship of 

the sponsor to the principal applicant; or 

• other evidence establishing the relationship of the sponsor to the principal applicant. 

c. If satisfied that evidence necessary to establish an applicant's relationship to their sponsor 

is not available or would be unduly difficult to obtain, immigration officers may: 

i specify another type of evidence to be submitted, such as a statutory declaration; 

and/or 

ii interview the principal applicant, those included in the application, or other parties 

involved in the application to verify identity and/or the relationship claimed by the 

applicant(s); and/or 

iii have the requirements waived by an appropriately delegated immigration officer if, 

due to the circumstances of the applicant(s), this is considered appropriate. 

S4.10.65 Verification of family details 


applicants or sponsors, in order to verify declarations made by applicants about their family 



S4.10.70 Undertakings of sponsors 

a. A sponsor must undertake to ensure that adequate accommodation for their relatives is 

available upon arrival in New Zealand and continues to be available during the first 24 

months of their relatives’ residence in New Zealand. 

b. An immigration officer must be satisfied that the sponsor will be able to fulfil their 

undertakings provided under (a). A sponsor may demonstrate this by providing a 

completed Questionnaire for Refugee Family Support Category sponsor undertakings, 

outlining a credible accommodation plan. 

c. The application may be declined if an immigration officer is not satisfied a sponsor has the 

ability to meet their undertaking obligations set out at S4.10.70(a) above. 



S4.15 Residence Category for victims of people trafficking 


The objectives of the residence category for victims of people trafficking are to: 

a. enable victims of people trafficking to remain in New Zealand where they cannot return 

home because they will be endangered, at risk of being re-victimised or at risk of suffering 

significant social stigma and financial hardship as a result of being trafficked; and 

b. recognise New Zealand's international obligations, particularly to: 

i offer protection and assistance to victims of people trafficking who are likely to be 

suffering the effects of trauma and abuse; and 

ii enable trafficking offenders to be prosecuted. 

S4.15.5 Who is eligible for a resident visa for victims of people trafficking 

a. Applicants in New Zealand may be granted a resident visa, if they: 

i hold a special temporary visa for victims of people trafficking (see WI16, U10.5 and 

V3.135); and 

ii have certification from the New Zealand Police (the Police) that they are believed to be 

a victim of people trafficking; and 

iii have certification from the Police that they have not obstructed the police investigation 

of their trafficking case during the validity of their special temporary visa; and 

iv are unable to return to their home country (see S4.15.10 below); and 

v meet health and character requirements (see A4 and A5). 

b. Despite (a) above, child applicants are exempt from providing a certification from the 

Police that they have not obstructed the police investigation. 

Note: 

- A child victim of people trafficking is a person who was under the age of 18 at the time they 

were identified as a victim of people trafficking. 

- A child victim may be in New Zealand unaccompanied, or may be a victim of people 

trafficking together with their parent(s). 

S4.15.10 Evidence of inability to return to the home country 

a. Applicants must provide evidence, in the form of documents or information provided at an 

interview with an immigration officer, that if they returned to their home country they 

would be: 

i endangered; or 

ii at risk of being re-victimised; or 

iii at risk of suffering significant social stigma and financial hardship 

as a consequence of being trafficked. 

b. INZ may refer to any relevant information when determining an applicant’s ability to 

return to their home country.


S4.15.15 Making an application 

a. Applications must be made in the prescribed manner (see R2.40) but an appropriately 

delegated immigration officer may waive: 

i the application fee; and 

ii the requirement to provide police certificates, if these are not available from a 

particular country. 

b. Where police certificates are not available, the applicant must make and provide a 

separate statutory declaration, in line with instructions at A5.10.1. 

S4.15.20 Determination of applications 

a. Applications will be determined by immigration officers who have received specialist 

training on this category. 

b. Applications under this category will be given priority processing. 

c. Determination of an application by a child applicant should be based on ‘best interest of 

the child’ considerations. Establishing the ‘best interest of the child’ will be done on a caseby-case 

basis, with advice from Child Youth and Family. 

S4.20 Refugee Quota Family Reunification Category 



The objective of the Refugee Quota Family Reunification Category, which is part of the Refugee 

Quota residence programme, is to: 

a. enable New Zealand to meet its international and humanitarian obligations; 

b. maintain the principle of family unity; and 

c. facilitate the successful resettlement of mandated refugees resident in New Zealand by 

providing them with an opportunity to sponsor immediate family members. 

Note: The places available under this category are incorporated into the quota places available 

for the family reunification subcategory of the United Nations High Commissioner for Refugees 

(UNHCR) mandated refugee residence category; however applicants do not themselves have to 

be mandated refugees. 

S4.20.5 Who is eligible for residence under the Refugee Quota Family Reunification 

Category? 

a. An applicant may qualify for residence under the Refugee Quota Family Reunification 

Category if: 

i they have an acceptable sponsor (see S4.20.10); 

ii they were declared as an immediate family member (see S4.20.15) in the sponsor’s 

original Residence Application for Mandated Refugees form, and they can provide 

satisfactory evidence of the relationship; 

iii they meet the character requirements at A5; 

iv they have satisfied an immigration officer that:


the circumstances and reasons for the separation from, and re-establishment of 

contact with, their sponsor are plausible and credible; and 

reunification will have a positive settlement effect on the sponsor; and 

they have the potential for successful settlement. 

b. Applicants are exempt from the requirement to have an acceptable standard of health (see 

A4.10). 

c. If the applicant is a dependent child aged 18-24, evidence must be submitted to show 

dependence on the sponsor (see R2.1.30). 

S4.20.10 Who is an acceptable sponsor under the Refugee Quota Family 

Reunification Category? 

a. An acceptable sponsor is a New Zealand citizen or resident who: 

i was granted a residence class visa as a mandated refugee (see S3.22); and 

ii is living in New Zealand; and 

iii is an immediate family member of the sponsor (see S4.20.15); and 

iv has attended an interview with a Refugee Quota Branch immigration officer and been 

deemed to be an acceptable sponsor. 

Note: A person granted permanent resident visa under this category is not able to be a 

sponsor under this category as they are not a mandated refugee. 

b. If the sponsor is a child aged 18 and under sponsoring a parent, the immigration officer 

must be satisfied that it is in the best interests of the child to grant a permanent residence 

visa to the parent(s). 

c. The immigration officer must be satisfied that the relationship between the sponsor and 

the applicant is credible and genuine. If the sponsor did not declare the applicant in their 

own residence application then R5.15 must be followed. 

S4.20.10.1 Undertakings and responsibilities of sponsors 

A sponsor under this category is exempt from meeting the sponsorship undertakings 

requirement at R4.10. 

S4.20.15 Who is an immediate family member under the Refugee Quota Family 

Reunification Category? 

For the purposes of the Refugee Quota Family Reunification Category, an immediate family 

member is defined as a partner, dependent child(ren), and parents where the sponsor is a 

dependent child. 

S4.20.20 Requirements for making an application for the grant of a permanent 

resident visa 

a. Applications for a permanent resident visa under the Refugee Quota Family Reunification 

Category must be made in the prescribed manner (see R2.40). 

b. Applications can only be made to the Refugee Quota Branch, and only after the applicant’s 

sponsor has been deemed acceptable (see S4.20.10). 

c. Appropriately delegated immigration officers may waive by special direction: 

i the application fee for the applicant(s);


ii the requirement to submit an overseas police clearance certificate from any country 

where the sponsor has a well-founded fear of persecution; and 

iii any other mandatory requirement for lodgement except the requirement to complete 

and submit a residence application form together with two passport photographs of, 

and medical and X-ray certificates for, each person included in the application. 

d. If a birth certificate for any person included in the application is unavailable, a statutory 

declaration confirming the full name, date and place of birth and full names of both 

parents must be submitted. 

e. If documents relating to the custody of any child aged 16 and under included in the 

application are unavailable, a statutory declaration confirming the legal custody of the 

child must be submitted. 

f. The principal applicant and partner included in the application must supply evidence to 




because: 





g. If overseas police clearances are unavailable for any person aged 17 and older included in 

the application, a statutory declaration must be provided stating whether the applicant has

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