Residence

Immigration New Zealand Operational Manual
Residence
Issue Date: 5 December 2011
INZ Operational Manual
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CONTENTS
Generic Residence R Residence Instructions 1-1 1-1
RA Applications For Residence Class Visas .......................................................................... 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 F6 Sibling and Adult Child Category................................................................................. 22-1 F7 Inter-country adoption .............................................................................................. 23-1
Skilled Migrant Category
23-1
SM1 Objective.............................................................................................................. 24-1 SM2 Overview of Skilled Migrant Category ....................................................................... 25-1 SM3 Expression of Interest and Invitation to Apply instructions ........................................... 26-1 SM4 Summary of requirements ...................................................................................... 27-1 SM5 English Language Requirements............................................................................... 28-1 SM6 Summary of points for employability and capacity building factors ................................ 29-1 SM7 Skilled employment ............................................................................................... 30-1 SM8 Bonus points: employment in an identified future growth area or area of absolute skills shortage 31-1 SM9 Bonus points: employment outside the Auckland region .............................................. 32-1 SM10 Bonus points: partner's skilled employment in New Zealand ....................................... 33-1 SM11 Work experience.................................................................................................. 34-1 SM12 Bonus points: work experience in New Zealand ........................................................ 35-1 SM13 Bonus points: work experience in an identified future growth area or an area of absolute skills shortage ................................................................................................. 36-1 SM14 Recognised qualifications ...................................................................................... 37-1
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SM15 Bonus points: New Zealand qualifications ................................................................ 38-1 SM16 Bonus points: qualifications in an identified future growth area or an area of absolute skills shortage.............................................................................................................. 39-1 SM17 Bonus points: partner's recognised qualifications ...................................................... 40-1 SM18 Age 41-1 SM19 Requirements for occupational registration .............................................................. 42-1 SM20 Bonus points: close family in New Zealand .............................................................. 43-1 SM21 Settlement and Contribution Requirements .............................................................. 44-1
After the grant of a resident visa
44-1
RV1 Generic provisions for applications made after the grant of a resident visa ..................... 45-1 RV2 Resident visa holders applying for a permanent resident visa ....................................... 46-1 RV3 Variation of travel conditions on resident visas ........................................................... 47-1 RV4 Grant of a second or subsequent resident visa............................................................ 48-1
Residence from Work Category
48-1
RW1 Objective ............................................................................................................. 49-1 RW2 Residence instructions for holders of work visas granted under the Talent (Accredited Employers) work instructions ......................................................................................... 50-1 RW3 Residence instructions for holders of... ..................................................................... 51-1 RW4 Residence instructions for holders of work visas granted ... ......................................... 52-1 RW5 English language requirements................................................................................ 53-1 RW6 Migrant Levy ........................................................................................................ 54-1 RW7 Residence instructions for holders of work visas granted under religious worker instructions 55-1
Special Categories
55-1
S1 Special Categories for certain nationalities ................................................................... 56-1 S2 Special directions Instructions.................................................................................... 57-1 S3 Refugee and Protection Category................................................................................ 58-1 S4 Special residence Categories ..................................................................................... 59-1
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GENERIC RESIDENCE
IN THIS SECTION
RA Applications For Residence Class Visas .................................... 1-1 R Residence Instructions ........................................................... 1-1
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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.
Effective 29/11/2010
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: i ii travel to New Zealand in accordance with the conditions of the visa relating to travel; and 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 ii iii to stay in New Zealand indefinitely; and to work in New Zealand or in the exclusive economic zone of New Zealand; and 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. b. c. d. e. travel to New Zealand at any time; and be granted entry permission; and to stay in New Zealand indefinitely; and to work in New Zealand or in the exclusive economic zone of New Zealand; and 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.
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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 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. b. c. citizens of the Commonwealth of Australia; and people who hold a current permanent residence visa (including a resident return visa) issued by the Government of Australia; and 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. b. a New Zealand citizen; or 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. b. 1-2 held a returning residents visa issued under the Immigration Act 1987 (RA4.1 and RA4.5); or held a residence permit granted under the Immigration Act 1987 (RA4.10); or
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c. d. e.
were considered to hold a residence permit under the Immigration Act 1987 (see RA4.10.1); or were exempt under the Immigration Regulations 1999 from the need to hold a residence permit in New Zealand (RA4.10); or 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 residents 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 ii travel to New Zealand for a single journey within the period or until the date specified in the residence visa; and stay indefinitely in New Zealand if the holder is granted entry permission.
b.
A person who holds a returning residents 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 residents visa. If a person is deemed to be the holder of a resident visa because they hold a residence visa or returning residents visa granted under the Immigration Act 1987, and that residence visa or returning residents 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.
c.
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 ii iii iv b. held a residence permit granted under the Immigration Act 1987 and did not hold a returning residents visa; or were considered to hold a residence permit under the Immigration Act 1987 (see RA4.10.1); or were exempt under the Immigration Regulations 1999 from the need to hold a residence permit in New Zealand; or held New Zealand citizenship and renounced or were deprived of their citizenship.
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). 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 1-3
c.
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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 have been in New Zealand continuously from the day they arrived, apart from any period or periods spent in: i ii Cook Islands, Niue or Tokelau; or 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
b.
c. d.
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 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. 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 ii the Minister or appropriate immigration officer is not obliged to consider a purported application from such a person; and 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 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.
b.
iii
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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 29/11/2010
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 in the twoyear period following completion of the NZAP student's scholarship, unless they have written approval from the Ministry of Foreign Affairs and Trade (see U11).
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. 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 ii the Minister or appropriate immigration officer is not obliged to consider a purported application for a special direction; and whether a 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
b.
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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.
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. 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 ii iii iv impose conditions in addition to those specified in the applicable residence instructions (if any); vary or waive conditions that would otherwise apply to a visa of that type; impose, by special direction or by agreement of the visa holder, further conditions following the grant of a resident visa; vary or cancel, by special direction or by agreement of the visa holder, any conditions that would otherwise apply.
b.
RA9 Restrictions on the grant of a visa to certain groups as designated by the United Nations Security Council (UNSC)
See previous instructions RA9 Effective 29/11/2010
See also United Nations Sanctions (Sierra Leone) Regulations 1997 reg. 11; United Nations Sanctions (Liberia) Regulations 2001 reg 16; United Nations Sanctions (Al-Qaida and Taliban) Regulations 2007 reg 13; United Nations Sanctions (Cte 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) 2010 reg 13; United Nations Sanctions (Libya) 2011 Reg 17.
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 ii iii iv v vi designated individuals from Sierra Leone designated individuals from Liberia designated individuals from Cte d'Ivoire designated individuals, and their immediate family members, from the Democratic People's Republic of Korea (DPRK) designated individuals and specified entities from Al-Qaida and Taliban designated individuals from Iran
vii designated individuals from Lebanon viii designated individuals from the Democratic Republic of Congo (DRC) ix x xi designated individuals from Sudan designated individuals from Somalia designated individuals from Eritrea
xii designated individuals from Libya. 1-6
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b. c.
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. 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.
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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.
IN THIS SECTION
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
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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. 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.
b.
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R2 LODGING AN APPLICATION
R2.1 Who may be included in an application
See also Immigration (Visa, Entry Permission, and Related Matters) Regulations 2010, Reg 20
a. b.
Each principal applicant (see R2.1.1 below) must make a separate application. The partner (see R2.1.10 below) of a principal applicant, and biological or adopted (see R3) dependent children (see R2.1.30 below) of the principal applicant and/or partner (if the partner is included in the application), may be included in a residence class visa application, regardless of whether they are living in the same country as the principal applicant.
R2.1.1 Definition of 'principal applicant' a. b. The principal applicant is the person who is declared to be the principal applicant on the residence class visa application form. 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: i ii iii b. c. a person who is legally married to; or a person who is in a civil union partnership (whether opposite or same sex) with; or a person who is in a de facto relationship (whether opposite or same sex) with,
the principal applicant. References to 'partner' in residence instructions mean 'partner' as defined in (a) above. A partner who does not meet the criteria in (a) above may not be included in a principal applicants 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 ii iii that the principal applicant and partner are living together in a genuine and stable partnership (see F2.10.1); and that the couple have been living together in such a relationship for 12 months or more at the time the application is assessed; and that the partnership meets the minimum requirements for the recognition of partnerships set out at F2.15 in that:
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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. b. the partner will not be granted a residence class visa; and if the principal applicant is reliant on: i ii the attributes of their partner included in the application; or 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 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.
ii
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).
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R2.1.20 Evidence of relationship with partner a. Principal applicants must provide: i ii evidence of their relationship with their partner included in the application; and 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: a. i ii iii b. i ii iii c. he or she is: aged 18 to 24, with no child(ren) of his or her own; and single; and 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
he or she is: aged 17 or younger; and single; and totally or substantially reliant on the principal applicant and/or the principal applicant's partner for financial support, whether living with them or not.
When determining whether a child of 18 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; 3-3
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whether the child is studying, and whether this is full time or part time.
R2.1.35 Evidence of dependence a. b. Up to 17 years of age, if a child is unmarried, he or she is presumed to be dependent unless there is evidence to the contrary. For children aged 18 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. b. c. the original birth certificate showing the names of the parent(s); or original adoption papers showing that the child has been legally adopted by the principal applicant or partner; or 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. 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. 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 a court order permitting the applicant to remove the child from its country of residence; or 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.
b.
c.
ii iii
d.
Where an immigration officer is satisfied that: i ii by virtue of local law, the applicant parent has the statutory right to custody of the child; and 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.
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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 country of residence. 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. 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 ii d. e. a written statement confirmed by both parents at interview; or a court order permitting the applicant to remove the child from its country of residence.
b. c.
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. Where an immigration officer is satisfied that: i ii by virtue of local law, the applicant parent has the statutory right to custody of the child; and 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. R2.1.55 Situation of dependent children 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 dependent child of the principal applicant) may not be granted a residence class visa unless their parent partner is granted a residence class visa. 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.
b.
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
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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. If an application is lodged at an office other than the appropriate one, the application may be referred to the appropriate office.
b.
R2.15 Processing of applications

a. b. Applications for residence class visas are processed by INZ branch offices and certain MFAT offices. 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. b.
An application is made on the date that it is lodged only if, on that date, it is lodged in the prescribed manner. 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. 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.
c.
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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. b. Applications must be lodged in the prescribed manner. 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
See previous instructions: 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. b. c. d. made on an approved form; and completed in English; and 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 be 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 two passport-sized photographs of the applicants head and shoulders; and 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 the appropriate fee (if any); and 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 a fully completed and acceptable medical certificate for the applicant that is less than 3 months old, unless A4.20(c) applies; and
ii iii iv v
vi
vii a fully completed and acceptable X-ray certificate for the applicant that is less than 3 months old (except for pregnant women and children under the age of 11), unless A4.20(c) applies; and 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 3-7
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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 ii iii an Australian citizen; a holder of Australian permanent residence visas (including a resident return visa) a person who previously held a resident visa.
b.
An application for a resident visa at an immigration control area must: i ii iii iv be made on an approved form; and relate to only one person; and be completed in English; and 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). be given to an immigration officer together with the applicants 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. b. mandatory requirements for lodgement of an application; or 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 officers view any verification requirements are minor in nature.
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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 ii iii iv b. c. the applicant's name; and their date of birth; and their place of birth; and the names and occupations of their parents.
If a full birth certificate is unobtainable, the applicant may submit an original or certified copy of an identity card. 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. b. c. d. e. f. a person who provides immigration advice in an informal or family context only, where the advice is not provided systematically or for a fee; a Member of Parliament, or their staff, who provides immigration advice as part of their employment agreement; 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; an employee of the New Zealand public service who provides immigration advice within the scope of their employment agreement; a lawyer who holds a current practising certificate as a barrister or as a barrister and solicitor of the High Court of New Zealand; 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; a person employed by or working as a volunteer for a New Zealand citizens advice bureau; and
g.
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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. b. c. to appear before an immigration officer for an interview; and/or to produce any other photographs, documents, evidence, and information the officer thinks necessary to help in determining the application; and/or 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. In situations where documentation does not exist or is unreliable, an immigration officer may raise the possibility of undertaking DNA testing with the applicant. 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. DNA test results must be considered in the context of all other information and evidence relevant to the claimed relationship. An immigration officer may accept results of a DNA test as part of an application at any time. 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. 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. 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. All DNA testing carried out under these instructions is done so in accordance with the Information Privacy Principles of the Privacy Act 1993.
b. c.
d. e. f. g.
h.
i.
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.
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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. INZ is under no obligation to hold an application that is not lodged in the prescribed manner. When an application is lodged in an incomplete but minor and easily corrected manner, immigration officers will: i ii hold the papers; and 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 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.
c. d.
iii 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. 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.
f.
R2.55 How to submit documents

See previous instructions: R2.55 Effective 29/11/2010
a. b.
All documents submitted in support of an application for a residence class visa must be originals, or certified copies. 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. INZ may, at its discretion, require applicants to provide full English translations of documents. Translations must: i ii iii not be prepared by an applicant, any member of their family or an immigration adviser assisting with the application; and be accompanied by the original documents or certified copies; and be certified as a correct translation made by a person familiar with both languages and competent in translation work; and 3-11
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iv v d.
bear the stamp or signature of the translator or translation business; and if applicable, be on the official letterhead of the translation business.
Officers may: i ii request a translation of the complete document where the translation is of a selected part(s) of the document; and 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 ii 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 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. c. d.
A receiving office is an INZ office or MFAT post designated for receiving applications from particular countries (see Appendix 2). The fee payable for an application is determined by the receiving office designated for receiving applications from the principal applicant's country of citizenship. 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. 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. 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. With the exception of the following offshore INZ branches, Beijing, Dubai, Jakarta, Moscow, and Shanghai, cash is not an acceptable form of payment. Bank cheques for applications lodged at INZ offices in New Zealand should be made out to Immigration New Zealand.
e.
f.
g. h.
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.
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b.
The prescribed manner for completing and submitting an Expression of Interest is that the person expressing interest submits to an immigration officer: i ii the completed Expression of Interest form; and 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.
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R3 GENERIC ADOPTIONS
R3.1 Definition of 'adoption'
'Adoption' means: a. b. a legal adoption; or 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. 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 ii iii iv inclusion in an application for a residence class visa made by their biological family; and sponsorship of members of their biological family for a residence class visa in New Zealand; and sponsorship by members of their biological family for a residence class visa in New Zealand; and determining eligibility for a residence class visa under one of the Family Categories.
b.
R3.5.1 Evidence of adoption a. b. Evidence of a legal adoption is original or certified copies of adoption papers. Evidence of a customary adoption is a written declaration by the adoptive parents stating: i ii iii c. d. that the person has been adopted by them; and the date of the adoption; and the country in which the adoption took place.
INZ may seek confirmation of a customary adoption from the person's biological parent(s), or adoptive parent(s) as applicable. 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'). 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).
e.
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R4 SPONSORSHIP FOR RESIDENCE CLASS VISAS

R4.1 Objective
A New Zealand sponsor is a requirement in some residence categories in order to: a. b. c. improve settlement outcomes for the applicant; and ensure that the applicant has a means of support in New Zealand; and 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 ii iii deemed acceptable by the Minister of Immigration or an immigration officer; and meet the relevant eligibility criteria for acceptable sponsors set out in this chapter; and meet any further criteria imposed by the specific residence category the applicant is applying under.
b. c.
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. 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. 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 must have been a New Zealand citizen and/or the holder of a New Zealand residence class visa (or a residence permit or returning residents visa under the Immigration Act 1987) for at least three years immediately preceding the date the application they wish to sponsor is made; and 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 must not sponsor for the purpose of receiving a financial reward or fee; and must not have been convicted at any time of an offence under immigration law; and must not have an outstanding debt to the Crown or other third parties as a result of another sponsorship arrangement; and
d.
ii
iii
iv v vi
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 x e. must not be liable for deportation; and must not be serving a custodial sentence or be awaiting sentencing after being convicted of a crime which carries a custodial sentence.
If the sponsor is an organisation it: 5-1
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i ii iii iv
must be registered in New Zealand as a company, incorporated society or charitable trust; and must identify a clear link between the organisations activities and the purpose for which the applicant is coming to New Zealand; and must not sponsor for the purpose of receiving a financial reward or fee; and 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 must not have an outstanding debt to the Crown or other third parties as a result of another sponsorship arrangement; and must not sponsor a person if they have previously breached sponsorship obligations; and
v vi
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. h. If a sponsor is not a natural person they must nominate an individual as the authorised contact for the purposes of sponsorship. 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. b.
Sponsorship creates a responsibility for the sponsor to ensure the sponsored person has accommodation, maintenance while in New Zealand, and outward travel. 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 maintenance, meaning the reasonable costs of essential provisions needed for the sponsored persons 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 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. deportation, meaning any costs that are incurred during the sponsorship period in relation to the sponsored persons deportation, which could include the costs of
ii
iii
iv
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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. b.
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. 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. If costs are incurred by the Crown or a third party as a result of a sponsor breaching their sponsorship undertakings, i ii the visa holder is deemed to have breached the conditions of their visa and will therefore become liable for deportation; and 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.
c.
d.
A sponsors liability for any debt incurred to the crown or a third party as a result of a breach of their sponsorship undertakings remains: i ii after the end of the sponsorship period, until the debt is recovered; and 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 ii iii the date the person sponsored is granted a new visa with a new sponsor or no sponsorship requirement; or the date at the end of the duration stipulated in the category under which the person received their visa; or the date the sponsored person is deported from New Zealand.
R4.25 Evidence of sponsorship

a. b. c. Sponsors must provide the completed sponsorship form required by the category of residence instructions the application is being made under. Sponsors must provide evidence that they are an acceptable sponsor and have the financial means to meet all sponsorship undertakings. An Immigration Officer may request additional evidence that a sponsor is an acceptable sponsor and is able to meet their sponsorship undertakings.
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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: b. 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.
Evidence that sponsors are residence class visa holders may include but is not limited to original or certified copies of: 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 sponsors 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.
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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 ii the requirements of the Immigration Act 2009; and 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. b. c.
Immigration officers must be satisfied that the information an applicant submits complies with the evidential requirements set out in residence instructions. Even if an applicant meets the specific evidential requirements, an immigration officer may still decide that additional evidence is necessary. 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. 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. 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. 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.
b.
c.
d.
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R5.15.1 False or misleading information a. If an immigration officer has reasonable cause to believe that an applicant has: i ii supplied incorrect information; or 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 ii iii b. Have provided, or intend to provide, commercial sexual services; or Have provided, or intend to act as an operator of a business of prostitution; or Have invested, or intends to invest, in a business of prostitution.
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. b. c. Immigration officers need only assess applications under the category the principal applicant nominates. Officers are not obliged to seek further information to determine whether the principal applicant may be eligible under another category. However, officers should request further information to enable the application to be assessed under another category if: i ii an application does not meet the criteria for approval under the category in which it was made; and 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.
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b. c.
Immigration officers should also take into account any relevant information held about previous applications. 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. 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 ii may affect the decision on the application; or may affect a decision to grant entry permission to the holder of a visa.
d.
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 ii may affect the decision to issue an invitation to apply for a residence class visa; or may affect a decision to grant a residence class visa as a consequence of the invitation to apply.
f. g.
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. Failure to comply with the requirements of (d) or (e) above: i ii amounts to 'concealment of information' for the purposes of section 158 of the Immigration Act; and 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 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 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 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.
ii
iii
iv
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.
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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. b. c. d. make all file records (particularly file notes and instructions) accurate, clear, complete and factual; and give all decisions on applications in writing to applicants (or their representatives); and state the full reasons for the decisions (without prejudicing any risk profiles); and 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. 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.
b.
R5.30 Approving an application

Applications for a residence class visa must be approved if the immigration officer is satisfied that: a. b. the applicant has provided all evidence required by the applicable residence instructions, and any additional evidence requested by the immigration officer; and 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) 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).
b.
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 6-4
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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. 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. 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.
b. c.
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. 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 ii iii the death of a family member, illness, loss or theft of documentation,
b.
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.
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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 ii iii the death of a family member, illness, 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

See previous instructions R5.55 Effective 29/11/2010
Where an application is being declined because: a. b. it does not meet residence instructions or is lapsed under the provisions at R5.50, refer to R5.55.1 and R5.55.5. 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. b. Applications that do not meet residence instructions and applications that are considered to be lapsed under the provisions at R5.50 must be declined. If an application is declined, immigration officers must notify the principal applicant in writing, informing the principal applicant: i ii of the reasons why the application has been declined (giving the points total, if appropriate), and 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. b.
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. Appeals must be lodged on the form Immigration and Protection Tribunal - Residence Class Visa Appeal (Form 1) which contains information on: i ii iii how to lodge an appeal, the required fee, how the time limit for lodging an appeal is calculated.
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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). 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.
b.
R5.60 Date of final decision

a. b. 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. 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. b. c. Unless otherwise stated, an approved application for a residence class visa will result in the grant of a resident visa. The travel conditions to be granted on a resident visa are set out at R5.66. A permanent resident visa may be granted as a result of an approved application for a: i ii iii iv permanent resident visa, by a resident visa holder who meets the requirements set out in RV2; residence class visa under Partnership Category, by a person who meets the requirements set out F2.5.1; residence class visa under the Talent (Accredited Employer) Category, by a person who meets the requirements set out at RW2.1; residence class visa by a quota refugee, asylum seeker or protected person (S3.10)
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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". 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".
b.
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 ii b. 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 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.
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 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).
ii
b. c.
No variation to travel conditions pertaining to first entry may be granted. 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. Note: 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.
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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: i ii b. multiple entries for two years from the applicants first day in New Zealand as a resident, unless the visa is grated under the Parent Category (F4) multiple entries for five years from the applicants first day in New Zealand as a resident, if the visa is granted under the Parent Category (F4)
A persons first day in New Zealand as a resident is either: i ii the day their resident visa is granted in New Zealand; or 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. d.
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. 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. 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).
b.
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 ii iii iv a full birth certificate; and 2 passport-sized photographs; and a fully completed and acceptable INZ medical certificate; and an acceptable travel document.
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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. b. c. d. make that person's presence in New Zealand lawful; or give that person the right to remain in New Zealand while the application is considered; or give that person the right to apply for or be granted any other visa while the application is considered; or 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 ii iii iv v to a person who has already paid the migrant levy; to a refugee or protected person, or on the basis of the persons relationship with a refugee or protected person; or under the Samoan Quota Scheme or Special Samoan Quota Places Category, or to citizens of Samoa under the one of the Family Categories; or under the special instructions for Victims of Domestic Violence; or 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 under the special instructions for Victims of People Trafficking.
vi 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.
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c. d. e.
For those approved under Pacific Access Category and for children under five years in all categories, the migrant levy charge is NZ$155. The maximum total migrant levy payable per application is the sum of the amounts payable by the four oldest people included in the application. The migrant levy: i ii iii iv must be deposited before the grant of the relevant visa; and is determined at the date it is deposited; and is in addition to any other amount payable for any other visa; and 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. 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. 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 ii iii the principal applicant and partner and dependent children included in the application have not taken up residence; and their resident visas are no longer current; or (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.)
b.
c.
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 ii any offence involving domestic violence; or 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.
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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. b. Character checks must be carried out for partners (aged 17 and over) supporting Partnership Category applications. The supporting partner character check consists of: i ii a New Zealand police certificate obtained by Immigration New Zealand; and 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 ii that does not issue police certificates to individuals; or 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 ii iii detail the supporting partner's attempts to obtain a police certificate; and state whether the supporting partner has been convicted, or found guilty of, or charged with any offences against the law of that country; and 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. 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 ii iii c. if applicable, the seriousness of the offence (generally indicated by the term of imprisonment or size of the fine); and/or whether there is more than one offence; and/or how long ago the relevant event occurred.
b.
Officers must make a decision only after they have considered all relevant factors, including (if applicable): i ii any advice from the National Office of INZ; and compliance with fairness and natural justice requirements (see A1).
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d.
Officers must record: i ii their consideration of the surrounding circumstances, (see paragraph (b) above), noting all factors taken into account; and 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.
R5.100 Ban on the grant of residence class visas to certain individuals and classes of individuals
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. 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). Where special circumstances exist (supported by cogent and reliable evidence) INZ may nonetheless grant a visa to a person named on the lists. 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).
b. c. d.
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). Ordinarily, none of the persons named on the list held by INZ may be granted a visa to New Zealand (including a transit visa). Where special circumstances exist (supported by cogent and reliable evidence) INZ may nonetheless grant a visa. 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).
b. c. d.
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 ii b. have acted in, or are acting in the role specified; or are, or have been, close associates of Robert Mugabe, President of Zimbabwe, may be granted a visa to New Zealand (including a transit visa).
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.
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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 ii all people who are (or were on 6 December 2006) members of the Republic of Fiji Military Force (RFMF); and 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 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 permanent secretaries of Fijian government departments; and 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 immediate family members of those described in (i), (ii), (iv) and (v) above. (Immediate family members are partners, children and children's partners.)
iii iv v
vi
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.
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R6 NEW ZEALAND RESIDENCE PROGRAMME

R6.1 New Zealand Residence Programme
a. b.
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. 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. The NZRP for the three year period is 135,000 to 150,000 approved places.
c.
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 ii iii iv The Skilled/Business stream; The Uncapped Family stream; The Capped Family stream; The International/Humanitarian stream.
b. c. d.
The Government may, from time to time, reallocate places for approvals within the four streams and/or add places to the four streams. 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. 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. 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. 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.
e.
f.
R6.10 Points systems

Applications in the Skilled Migrant and Investor 2 Categories are assessed under a points system.
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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 ii b. c. d. e. f. are not of an acceptable standard of health and would not be granted a medical waiver (see A4.60); or are described in sections 15 or 16 of the Immigration Act 2009 (see A5.20); and
have claimed points for a minimum overall band score of IELTS 3 for English language ability (see BJ5.35); and have confirmed that they are aged 65 years or younger (see BJ5.25); and have claimed points for a minimum of three years of business experience (see BJ5.30); and have claimed points for a minimum of NZ$1.5 million of investment funds (see BJ5.40); and 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. c. 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. Selections from the Pool after 21 December 2005 are made in the following manner: i ii Expressions of Interest that have total points of 140 or more are selected automatically from the Pool; 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
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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.
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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

See also Immigration Act 2009 s 415 See also Immigration Act 1987 s 44
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. b. were not issued a permit or entry authority under the Immigration Act 1964 or any earlier corresponding Act; and 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 ii the Cook Islands, Niue or Tokelau; or 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. d.
were in New Zealand at midnight on 31 October 1987; and 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 an 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 applicants passport or certificate of identity; and
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ii iii iv b.
if applicable, any previous or expired passport or certificate of identity; and evidence that the applicant holds or is deemed to hold a residence class visa; and the appropriate fee (if any).
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). A letter confirming the date residence was originally granted must: i ii iii iv be on letterhead; and give the applicant's full name, date of birth and the date residence was granted; and be legibly signed and dated by an immigration officer; and be endorsed with the official seal of the INZ.
b.
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. b. c. any previous or expired passport or certificate of identity containing a residence class visa, the passport containing the original residence class visa, permit or other entry authority applying at the time of entry; or 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 ii iii iv v vi rates demands, driver's licenses, receipted power bills, income tax returns, school records, employment references,
vii any other evidence requested by INZ.
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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 ii unlawfully in New Zealand; and not a person in respect of whom a deportation order is in force
b. c.
The Minister's power to grant a visa in a special case has been delegated to officers with Schedule 3 delegations or above. Delegated officers must make decisions on the merits of the individual case balanced against the public interest, and taking into account any relevant international obligations. Current residence instructions are relevant, but not a deciding factor. 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: i ii the Minister or appropriate immigration officer is not obliged to consider the purported application; and whether a 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 61(1) applies; and 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.
d.
iii
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BUSINESS
IN THIS SECTION
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
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BA BUSINESS IMMIGRATION INSTRUCTIONS

BA1 Objective
The objective of the Business Immigration Instructions is to contribute to economic growth through: a. b. c. increasing New Zealand's level of human capital; encouraging enterprise and innovation; and 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)
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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. b. c.
Applications under business immigration instructions will be given priority processing. Applications under business immigration instructions are to be determined only by immigration officers known as business immigration specialists. 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). INZ Branch Managers will provide liaison services for the business immigration specialists to facilitate contact with applicants and the processing of business immigration applications.
d.
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BC LONG TERM BUSINESS CATEGORY

BC1 Objective
This category caters for business people who are interested in establishing a business in New Zealand: a. b. without living permanently in New Zealand; or 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. b.
Long Term Business visas are a category of temporary entry class visa allowing selfemployment in New Zealand. 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). Substantial investment is defined as the purchase of 25% or more of the shareholding of a business. For the avoidance of doubt, self-employment does not include involvement of a passive or speculative nature.
b. c.
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

See previous instructions BC3 Effective 29/11/2010
A principal applicant for a Long Term Business Visa must: a. b. c. d. have completed a business plan that meets the requirements of BC4.5 for their business proposal; and have business experience relevant to their business proposal; and not have been involved in bankruptcy or business failure within the 5 years preceding the date their application was made; and not have been involved in business fraud or financial impropriety; and
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e. f.
have obtained professional or occupational registration in New Zealand if registration is required for operating the proposed business; and 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 meet health and character requirements for residence as set out at A4 and A5.15 to A5.25); and meet the minimum standard of English (see BF); and aside from the health and character requirements set out in (g) above, applicants must meet all other requirements under Generic Temporary Entry Instructions; and satisfy a business immigration specialist that they are genuinely interested in establishing the business in New Zealand.
g. h. i. j.
BC4 Business plan BC4.1 Definition of a business plan

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. b. c. d. e. be no more than 3 months old on the date the application is made; and include satisfactory evidence that the principal applicant has access to sufficient capital to finance their business proposal; and include realistic financial forecasts; and include evidence to satisfy a business immigration specialist that the principal applicant has business experience that is relevant to their business proposal; and 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 include information about how the proposed business will benefit New Zealand; and include sufficient supporting documentation (including the documentation listed from section C of the business plan form onwards).
f. g.
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.
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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 ii iii iv v b. introducing new, or enhancing existing, technology, management or technical skills; or introducing new, or enhancing existing, products or services; or creating new, or expanding existing, export markets; or creating employment for a New Zealand citizen or resident; or revitalising an existing business; and
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.
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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 Zealand

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.
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b.
A further work visa may be granted for the balance of the 3 year period (i.e. 27 months) if 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 reasonable steps have been taken to establish or invest in the business as set out in the business plan.
ii 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 ii telegraphic transfer forms 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 ii iii iv v vi documents evidencing the constitution of the business (e.g. certificate of incorporation) audited accounts GST records other tax records property purchase or lease documents relating to the business' site 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)
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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. b. c. d. e. there are genuine reasons for abandoning the original business proposal; and there is a plan for the proposed new business that meets the requirements for a business plan as set out in BC4.5; and the new business proposal requires the same or a greater level of capital investment than the original business proposal; and the applicant has access to sufficient capital to finance the proposed new business; and 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. 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. If the request to change a business proposal is refused: i ii then the principal applicant must be offered the option of continuing with their original business proposal; and if the principal applicant does not continue with the original business proposal they may be made liable for deportation.
b.
c.
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. 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.
b.
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c.
Further work visas will be granted only where a business immigration specialist is satisfied that: i ii iii iv any time in New Zealand has been spent setting up and operating the original business proposal; or where there was a change to the original business proposal, consent was granted for that change by a business immigration specialist; and that the principal applicant and any family member accompanying them have not drawn on the New Zealand welfare system; and 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 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 that they meet health and character requirements (see A4 and A5).
vi
BC10.10 Process for grant of further work visas

a. A business immigration specialist determines whether: i ii iii iv b. there has been a change in the original business proposal; and a further business plan is required; and there has been a change in circumstances that may affect the level of funds required for maintenance and accommodation; and the principal applicant or any family member accompanying them has not drawn on the social welfare system.
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.
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BE EMPLOYEES OF RELOCATING BUSINESSES CATEGORY

BE1 Objective
a. b. 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. 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. b. they are an employee of a relocating business and that they are a key employee; and 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. b. paying employees no less than the appropriate minimum wage rate or other contracted industry standard; and meeting holiday and special leave requirements or other minimum statutory criteria, e.g. occupational safety and health obligations; and
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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 ii iii b. gives the name and location of the business intending to relocate to New Zealand; and explains why the business is relocating and how that will benefit New Zealand; and confirms that the business will comply with all relevant employment and immigration law in force in New Zealand.
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 ii iii business registration company accounts or tax returns 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: i ii iii iv introducing new, or enhancing existing, technology, management or technical skills; or introducing new, or enhancing existing, products or services; or creating new or expanding existing export markets; or creating employment (other than for the principal applicant);
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b.
and the business is trading profitably at the time the application is made or a business 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 ii b. describes the current role of the employee in the business, and the employee's intended role in the relocated business; and explains why the employee is reasonably considered to be a key staff member.
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 letters of appointment; certificates of service; pay slips; job specifications; tax records;
ii iii iv v vi
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. 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. 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.
b.
c.
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. b. their application has been approved in principle; and resident visas may be granted once the following requirements have been met:
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i ii iii iv
the principal applicant provides acceptable evidence that the business has relocated to New Zealand; and the principal applicant provides the New Zealand address at which the business operates; and the principal applicant pays any applicable migrant levy; and 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 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 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).
ii
iii
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.
Effective: 25/07/2011
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.
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b. c. d.
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. 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). 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. The Employees of Relocating Businesses Category conditions that may be imposed by letter on the resident visas are: i ii that, the visa holder is employed in the relocated business for the 24 months following the relocation of the business; and 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 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 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.
b.
iii iv 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. For further information about the implications of visas subject to conditions, see RA8.
d.
BE6.1.1 Imposing conditions Principal applicants are advised of any condition imposed in a letter that states: a. b. c. the conditions; and 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 that the conditions will apply to the resident visa for the 24-month period following their first entry to New Zealand as a resident.
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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 ii b. they have taken up residence in New Zealand; and they have been an employee in New Zealand of the relocated business for 24 months; and
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.
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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 New Zealand. Applications under all Business Immigration categories must be declined if the principal applicant has not met the minimum standard of English.
b.
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. b. show they meet the minimum standard of English; or 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 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 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).
ii
iii
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

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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
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b.
English was the language of employment.
'Employment' in the context of English language requirements does not include selfemployment.
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. b. 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 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.) Before a resident visa is granted, applicants must pay any ESOL tuition charge due.
b.
BF3.1 TEC to arrange ESOL tuition

a. b. c. d. 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. 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. The TEC will manage the contract between the ESOL tuition provider and the applicant. 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. The content of the agreement is determined by INZ and the TEC.
b.
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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. 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). If the agreement is not signed and returned to INZ within the time specified by INZ, the resident visa application must be declined. The INZ copy of the agreement should be sent to the TEC.
b. c. d.
BF3.15 The amount of ESOL tuition to be pre-purchased by non-principal applicants

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 4.5 or more but less than 5 4 or more, but less than 4.5 3.5 or more, but less than 4 Less than 3.5 Charge to be paid ESOL entitlement NZ$1,735 NZ$3,420 NZ$5,110 NZ$6,795 NZ$1,533.33 NZ$3,066.66 NZ$4,599.99 NZ$6,133.33
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. c. The charge includes the applicant's ESOL tuition entitlement, as well as the INZ and TEC administration costs. 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.
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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 ii in New Zealand on or after 31 March 2005 and prior to 31 March 2008; or 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. Requests made more than 6 months after the expiry date of any unused resident visa must be declined. 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. The person who paid the fee will be refunded only the ESOL entitlement. INZ and TEC administration costs will not be refunded.
b. c.
d.
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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. b. they have established a business in New Zealand; and 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 ii iii b. paying employees no less than the appropriate minimum wage or other contracted industry standard; and meeting holiday and special leave requirements or other minimum statutory criteria, e.g. occupational safety and health obligations; and only employing people who have authority to undertake that work under the Immigration Act 2009.
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 ii they are satisfied that the breach of requirements is of a minor nature; and 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 tuition (see BF1.1).
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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 the principal applicant was not self employed in that business for two years prior to the date the application under Entrepreneur Category is made. 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.
b. c.
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 principal applicant was holding a work visa granted under the Long Term Business Category; and 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.
ii
b.
Despite BH3.5 (a) above, an application may be approved if: i ii the business that has been established would have met the requirements for a business plan under Long Term Business Category; and 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
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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. b. they have established or purchased, or made a substantial investment in a business operating in New Zealand; and the principal applicant has been self-employed in New Zealand in that business for at least 2 years.
BH4.5 Definitions
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 business in New Zealand which the principal applicant has established or purchased, or in which the principal applicant has made a substantial investment. For the avoidance of doubt, self-employment does not include involvement of a passive or speculative nature.
b.
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: i ii iii iv v b. introducing new, or enhancing existing, technology, management or technical skills; or introducing new, or enhancing existing, products or services; or creating new, or expanding existing, export markets; or creating employment for a New Zealand citizen or resident; or revitalising an existing New Zealand business; and
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.
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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. b. All documents submitted to prove that the principal applicant has established a business in New Zealand must be produced by a reliable independent agency. Evidence that the principal applicant has established a business in New Zealand may include, but is not limited to: i ii iii iv c. a certificate of incorporation audited accounts GST records other tax records
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 ii iii iv b. audited accounts tax records export/import documentation, such as letters of credit employment records.
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. b. their application has been approved in principle; and resident visas may be granted once the following requirements have been met:
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i ii
the principal applicant pays any applicable migrant levy; and 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.
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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 ii meet requirements for health and character; and 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). EOI's in the Investor 2 Category EOI Pool are selected from that Pool periodically on the Government's behalf by Immigration New Zealand. 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). 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). A selected EOI may result in an Invitation to Apply (ITA) for a resident visa under the Investor 2 Category, subject to: i ii 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 Investor 2 Category; and whether the EOI indicates that the person expressing interest will not meet the Investor 2 Category criteria. 15-1
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e.
f.
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g. h. i.
Only a person with an ITA may apply for a resident visa under the Investor 2 Category. The issue of an ITA does not guarantee that a resident visa will be granted. 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. Applications for a resident visa resulting from an ITA must include: i ii information and evidence to support the claims made in the EOI; and 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.
j.
k.
To be approved under the Investor 2 Category a principal applicant must: i ii iii meet requirements for health and character (see A4 and A5); and 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 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). The Minister of Immigration may review and adjust the number of applications that can be approved periodically, provided the adjustment is within the NZRP.
b.
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). 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
b.
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ii iii
the principal applicant informs the nearest branch of INZ of any changes of New Zealand address during the required investment period; and 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 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 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.
iv
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 ii b. the conditions; and 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.
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. All documentation provided should be independent and verifiable to a business immigration specialist's satisfaction. 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.
b. c.
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 ii b. health and character requirements; and investment funds requirements.
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
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ii iii iv
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 the principal applicant must demonstrate that the nominated funds have been legally earned or acquired; and 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

See previous instructions: BJ3.10 Effective 25/07/2011 BJ3.10 Effective 29/11/2010
a. b.
The principal applicant must invest a minimum of NZ$10 million in New Zealand for a period of three years. The principal applicant must: i ii iii nominate funds and/or assets equivalent in value to NZ$10 million; and demonstrate ownership of these funds and/or assets (see BJ3.10.1); and 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 ii solely by the principal applicant; or 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. 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. The nominated funds and/or assets must be unencumbered.
c.
d.
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e.
The nominated funds and/or assets must not be borrowed.
BJ3.10.5 Definition of 'funds earned or acquired legally' a. b. 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. 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 New Zealand.
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. 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).
b.
BJ3.10.20 Evidence of the principal applicant's nominated funds and assets a. b. c. Principal applicants must provide evidence of net funds and/or assets to the value of the required investment funds. 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. All documents provided as valuations of assets must be: i ii d. no more than three months old at the date the resident visa application is made; and produced by a reliable independent agency.
A business immigration specialist may seek further evidence if they: i ii iii iv are not satisfied that the nominated funds and/or assets were earned or acquired legally; or consider that the nominated funds and/or assets may have been gifted or borrowed without being declared; or are not satisfied with the valuation provided; or 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 ii iii is capable of a commercial return under normal circumstances; and is not for the personal use of the applicant(s) (see BJ5.50.1 below); and is invested in New Zealand in New Zealand currency; and 15-5
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iv v vi
is invested in lawful enterprises or managed funds (see BJ5.50.5) that comply with all relevant laws in force in New Zealand; and has the potential to contribute to New Zealand's economy; and 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. A Business Immigration Specialist may consider bonds in finance companies as an acceptable investment where the finance company: i ii iii is a wholly-owned subsidiary of, raises capital solely for, and has all its debt securities unconditionally guaranteed by a New Zealand Stock Exchange listed company or a local authority.
c.
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 ii b. a managed fund investment product offered by a financial institution; or funds invested in equities that are managed on an investor's behalf by a fund manager or broker.
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.
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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. b. c. d. e. f. the residential property must be in the form of new developments on either new or existing sites; and the residential property(ies) cannot include renovation or extension to existing dwellings; and the new developments must have been approved and gained any required consents by any relevant regulatory authorities (including local authorities); and the purpose of the residential property investments must be to make a commercial return on the open market; and neither the family, relatives, nor anyone associated with the principal investor, may reside in the development; and the costs associated with obtaining any regulatory approval (including any resource or building consents) are not part of the principal applicants 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 ii a completed Investor 2 Category Expression of Interest Form (INZ 1165); and the appropriate fee.
b.
Through completion of an EOI, a person: i ii provides information regarding their: identity (see A2), health (see A4), character (see A5) and settlement funds (see BJ5.45); and 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 claims points for age, business experience, English language, and investment funds (in accordance with requirements set out in BJ4 of the Investor 2 Category).
iii
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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 ii iii the provision of false or misleading information as part of an Expression of Interest (EOI) or associated submission; or the withholding of relevant, potentially prejudicial information from an EOI or associated submission; or 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

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: 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 ii b. c. d. e. f. would not be granted a medical waiver (see A4.60); or are described in sections 15 and 16 of the Immigration Act 2009 (see A5.20); and
has claimed points for a minimum overall band score of IELTS 3 for English language ability (see BJ5.35); and has confirmed that they are aged 65 years or younger (see BJ5.25); and has claimed points for a minimum of three years of business experience (see BJ5.30); and has claimed points for a minimum of NZ$1.5 million of investment funds (see BJ5.40); and has confirmed that they legally own NZ$1 million of settlement funds in addition to the $1.5 million investment funds (see BJ5.45).
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Note: People will not be granted a medical waiver if they: ~ ~ ~ ~ require dialysis treatment; or have active pulmonary tuberculosis; or have severe haemophilia; or have a physical incapacity that requires full time care.
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. Expressions of Interest will be selected from the Pool according to their points ranking in sufficient numbers to meet the requirements of New Zealands Residence Programme.
b.
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. An EOI that is no longer current will be withdrawn from the Pool. 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. 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.
b. c.
d.
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 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.
ii
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.
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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 ii iii that the points claimed by the applicant will be awarded; or a positive assessment in respect of health, character, English language, or any other requirements, of any subsequent application for a resident visa; or that the person will be granted a resident visa.
d. e.
The selection of an EOI from the Pool may not result in an ITA for a resident visa under the Investor 2 Category. 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. b. c. they have been issued with an Invitation to Apply (ITA) under the Investor 2 Category; and 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 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 ii iii b. age, health, character and English language requirements; and investment and settlement fund requirements; and business experience requirements.
For an application under the Investor 2 category to be approved: i ii iii iv v vi the principal applicant and family members included in the application must meet health and character requirements; and the principal applicant must qualify for the points on the basis of which their EOI was selected from the Pool; and the principal applicant must be aged 65 years or younger; and the principal applicant must have a minimum of three years of business experience; and the principal applicant must have a minimum overall band score of IELTS 3 for English language ability; and 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. 15-10
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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. b. Principal applicants under the Investor 2 Category must meet a minimum standard of English (see BJ5.35). 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 tuition (see BF1.1).
BJ5.20 Investor 2 Category points system

a. b. Age, business experience, English language ability, and nominated investment funds are assessed using a points system. 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. b. Principal applicants under the Investor 2 Category must be aged 65 years or younger at the time of application. A principal applicant's age under the Investor 2 Category qualifies for points as follows: Age 60 - 65 59 58 57 56 55 54 53 Points 0 1 2 3 4 5 6 7 Age 42 41 40 39 38 37 36 35 Points 18 19 20 21 22 23 24 25
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52 51 50 49 48 47 46 45 44 43
8 9 10 11 12 13 14 15 16 17
34 33 32 31 30 29 28 27 26 25 or below
26 27 28 29 30 31 32 33 34 35
BJ5.25.1 Evidence of age Evidence of age may include, but is not limited to, original or certified copies of: a. b. c. a birth certificate; or a passport or other travel document; or an identity document (from countries which require these and where birth details are confirmed before the document is issued).
BJ5.30 Business experience

See previous instructions BJ5.30 Effective 29/11/2010
a. b.
Principal applicants must have a minimum of three years of recognised business experience. Recognised business experience qualifies for points as set out below: Business Experience years 3 4 5 6 7 8 9 10+
Points 9 12 15 18 21 24 27 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
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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. c. A principal applicant is considered to own a business if they own at least 25 percent of a business. A lawful business enterprise is an organisation that: i ii operates lawfully in a commercial environment with the goal of returning a profit; and 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. b. Documents submitted as evidence of the principal applicant's business experience must show the position(s) and the responsibilities held. 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 ii iii iv v vi business registration company financial accounts company tax returns and tax records shareholder certificates or proof of ownership of business job specifications job assessments
vii personal tax returns viii letters of appointment ix x xi c. d. certificates of service strategic planning documents references from employers on company letterhead, stating the occupation and dates of employment, and giving the contact phone number and address of the employer.
A business immigration specialist may require additional documents, evidence and information as they consider necessary to determine an application. 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). 15-13
Residence
Note: New Zealand business experience must be lawfully gained.

BJ5.35 English language ability

a. b. Principal applicants must have a minimum overall band score of IELTS 3 for English language ability. English language ability qualifies for points as follows: IELTS overall band score 3 4 5+ Points 1 4 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. 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 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 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.
b.
ii
iii
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Residence
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. b. c.
The principal applicant must nominate a minimum of NZ$1.5 million to invest in New Zealand. Points can be claimed for the amount of funds the principal applicant intends to invest in New Zealand. The principal applicant must: i ii iii nominate funds and/or assets equivalent to the amount that they wish to invest in New Zealand; and demonstrate ownership of the nominated funds and/or assets (see BJ5.40.1 below); and demonstrate that the nominated funds and/or assets have been earned or acquired legally (see BJ5.40.1 (c) below).
d. e.
All invested funds must meet the conditions of an acceptable investment set out in BJ5.50. Investment funds qualify for points as follows: Investment Amount (NZ$M) $1.50 $1.75 $2 $2.25 $2.5 $2.75 $3 $3.25 $3.5 $3.75 $4 $4.25 $4.5 $4.75 $5 $5.25 $5.5 Investment Amount (NZ$M) $5.75 $6 $6.25 $6.5 $6.75 $7 $7.25 $7.5 $7.75 $8 $8.25 $8.5 $8.75 $9 $9.25 $9.5 $9.75
Points 10 15 20 25 30 35 40 45 50 55 60 65 70 75 80 85 90
Points 95 100 105 110 115 120 125 130 135 140 145 150 155 160 165 170 175
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Residence
BJ5.40.1 Ownership of nominated funds and/or assets a. Nominated funds and/or assets may be owned either: i ii solely by the principal applicant; or 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 jointly by the principal applicant and dependent children who are included in the resident visa application.
iii
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. 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. The nominated funds and/or assets must be unencumbered. The nominated funds and/or assets must not be borrowed.
c.
d. e.
BJ5.40.5 Definition of 'funds earned or acquired legally' a. b. 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. 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 New Zealand.
BJ5.40.10 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. BJ5.40.15 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 four-year investment period. 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 legally in New Zealand.
b.
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Residence
BJ5.40.20 Evidence of the principal applicant's nominated funds and assets a. b. c. Principal applicants must provide evidence of net funds and/or assets to the value of the required investment funds. 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. All documents provided as valuations of assets must be: i ii d. no more than three months old at the date the resident visa application is made; and produced by a reliable independent agency.
A business immigration specialist may seek further evidence if they: i ii iii iv are not satisfied that the nominated funds and/or assets were earned or acquired legally; or consider that the nominated funds and/or assets may have been gifted or borrowed; or are not satisfied with the valuation provided; or consider that the nominated funds and/or assets fail in some other way to meet the rules for investment funds.
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 Zealand. 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: i ii b. solely by the principal applicant; or jointly by the principal applicant and partner and/or dependent children (see R2.1.30) who are included in the resident visa application.
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)). 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.
c.
BJ5.45.15 Evidence of settlement funds Evidence of settlement funds may include, but is not limited to: 15-17
Residence
a. b. c.
funds held in a New Zealand bank account(s); and/or funds held in an offshore bank account(s), together with evidence that the funds can be accessed from New Zealand; and/or acceptable evidence of net assets (either in New Zealand or offshore).
BJ5.50 Definition of acceptable investment

a.
An acceptable investment means an investment that: i ii iii iv v vi is capable of a commercial return under normal circumstances; and is not for the personal use of the applicant(s) (see BJ5.50.1 below); and is invested in New Zealand in New Zealand currency; and is invested in lawful enterprises or managed funds (see BJ5.50.5) that comply with all relevant laws in force in New Zealand; and has the potential to contribute to New Zealand's economy; and 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 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. 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. A Business Immigration Specialist may consider bonds in finance companies as an acceptable investment where the finance company: i ii iii is a wholly-owned subsidiary of, raises capital solely for, and has all its debt securities unconditionally guaranteed by
c.
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.
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Residence
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: i ii b. a managed fund investment product offered by a financial institution; or funds invested in equities that are managed on an investor's behalf by a fund manager or broker.
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 BJ5.50.5 BJ5.50.10 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. b. c. d. e. f. the residential property must be in the form of new developments on either new or existing sites; and the residential property(ies) cannot include renovation or extension to existing dwellings; and the new developments must have been approved and gained any required consents by any relevant regulatory authorities (including local authorities); and the purpose of the residential property investments must be to make a commercial return on the open market; and neither the family, relatives, nor anyone associated with the principal investor, may reside in the development; and the costs associated with obtaining any regulatory approval (including any resource or building consents) are not part of the principal applicants acceptable investments.
BJ6 Summary of points for the Investor 2 category

Age 59 58 57 56 55 54 Point s 1 2 3 4 5 6 Age 42 41 40 39 38 37 36 Point s 18 19 20 21 22 23 24 15-19
60 - 65 0
Residence
53 52 51 50 49 48 47 46 45 44 43
7 8 9 10 11 12 13 14 15 16 17
35 34 33 32 31 30 29 28 27 26 25 or below
25 26 27 28 29 30 31 32 33 34 35
Business Experience years 3 4 5 6 7 8 9 10+
Points 9 12 15 18 21 24 27 30
IELTS overall band score 3 4 5+
Points 1 4 10
Investment Amount (NZ$M) $1.50 $1.75 $2 $2.25
Points 10 15 20 25
Investment Amount (NZ$M) $5.75 $6 $6.25 $6.5
Points 95 100 105 110
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Residence
$2.5 $2.75 $3 $3.25 $3.5 $3.75 $4 $4.25 $4.5 $4.75 $5 $5.25 $5.5
30 35 40 45 50 55 60 65 70 75 80 85 90
$6.75 $7 $7.25 $7.5 $7.75 $8 $8.25 $8.5 $8.75 $9 $9.25 $9.5 $9.75
115 120 125 130 135 140 145 150 155 160 165 170 175
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. b. the legitimacy and lawful ownership of the nominated funds and/or assets; and 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. b. the Investor 1 Category set out at BJ3 (b) i iii; or the Investor 2 Category set out at BJ5.5(b) i - viii.
will be advised that: i ii their application has been approved in principle; and 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
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iii
resident visas will be granted subject to conditions under section 49(1) of the Immigration Act 2009.
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 ii 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 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 be transferred through the banking system directly from the principal applicant's bank account(s) to New Zealand; or 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 applicants 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.
iii iv
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 ii they own net assets equal or greater in value to the required investment amount; and 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 it is not economically viable or practical to liquidate the nominated assets. eg sell a business.
iii 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).
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Residence
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. 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.
b.
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. 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. Following a principal applicants 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 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.
b.
c.
ii
BJ7.25 When the investment period begins

a. b. c. If the investment already meets the investment requirements, the required investment period begins on the date of the letter of advising approval in principle. If the investment is made after approval in principle, the required investment period will begin on the date the investment requirements are met. 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 15-23
Residence
ii iii iv
the amount invested in New Zealand dollars; and the date the investment was made; and 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 documentary evidence of the investment; and a letter from a reliable independent professional (for example, a solicitor or chartered accountant), confirming that the funds have been invested.
v vi 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. b.
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. 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). On application, visitor's visas may be granted for the same period to the principal applicant's partner and dependants (see WS2(c)). 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).
c. d.
BJ8 Resident visas BJ8.1 Issue of resident visas

a. Resident visas may only be granted once principal applicants have: i ii iii iv b. met the transfer requirements set out at BJ7.10; and placed the funds into an acceptable investment; and paid any applicable migrant levy (see R5.90); and paid any applicable ESOL tuition fee(s) (see BF3.15).
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:
15-24
Residence
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 that the principal applicant informs the nearest branch of INZ of any changes of New Zealand address during the investment period; and 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 at the two-year anniversary of the investment period, the principal applicant submits evidence that they: i ii are retaining an acceptable investment in New Zealand; and meeting minimum period of time in New Zealand requirements; and
b. c.
d.
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

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. b. Investor 1 Category 12 percent of each of the final two years of the three year investment period (44 days per year). 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. b. the funds remain invested in New Zealand in New Zealand currency at all times during the investment period; and 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:
15-25
Residence
i ii b.
three months before the two-year anniversary; and three months before the expiry of the required investment period requesting evidence that section 49(1) conditions are being met.
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. b. The principal applicant will need to show that they have retained an acceptable investment in New Zealand for the required investment period. Suitable evidence will include documentation from a reliable independent professional (for example, a solicitor or chartered accountant) stating: i ii iii iv v c. d. the full name of the investor; and the amount invested; and the date the investment was lodged; and 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 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.
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. 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. A business immigration specialist may request any other information in order to be satisfied that the above requirements have been met. 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 subsequent written confirmation on file (by a business immigration specialist) that the investment requirements have been met.
e. f.
ii
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.
15-26
Residence
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. Suitable evidence can include a certificate of course completion.
b.
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). 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.
b.
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Residence
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: i ii iii iv v the principal applicant and family members included in the application must meet health and character requirements (see A4 and A5); and the principal applicant must hold a Long Term Business Visa; and the principal applicant and family members over 16 years must meet minimum English language requirements (see BL4); and the principal applicant must transfer NZ$0.5 million to New Zealand (see BL5). 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 principal applicant was holding a work visa granted under the Long Term Business Category; and 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.
ii
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). 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 ii the business that has been established would have met the requirements for a business plan under Long Term Business Category; and the applicant has relevant experience for the new business.
c.
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). 16-1
Residence
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 tuition (see BF1.1).
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. Borrowed capital is acceptable where the principal applicant is able to demonstrate that: i ii they own net assets equal or greater in value to the proposed investment amount; and the borrowed investment capital is from a bank or commercial lending institution and is secured against the assets identified under (i).
b.
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 ii iii iv v they have established or purchased, or made a substantial investment in a business operating in New Zealand; and they have been self-employed in New Zealand in that business since meeting (i); and they have invested at least NZ$0.5 million into the business as set out at (i); and they have created a minimum of three full-time positions for New Zealand citizens or residents in that business; and 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 business in New Zealand which the principal applicant has established or purchased, or in which the principal applicant has made a substantial investment (see BL6.5.1). For the avoidance of doubt, self-employment does not include involvement of a passive or speculative nature.
b.
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.
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Residence
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 ii iii b. paying employees no less than the appropriate minimum wage; and meeting holiday and special leave requirements or other minimum statutory criteria, eg occupational safety and health obligations; and only employing people who have authority to undertake that work under the Immigration Act 2009.
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 ii they are satisfied that the breach of requirements is of a minor nature; and 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 ii telegraphic transfer forms 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 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 or professional (for example, a solicitor or chartered accountant). 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 16-3
b.
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c.
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: b. a sales and purchase agreement shareholder certificates financial transfer documentation
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: a. b. their application has been approved in principle; and resident visas may be granted once the following requirements have been met: i ii c. the principal applicant pays any applicable migrant levy; and 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
where resident visas are granted they will be subject to conditions under section 49(1) of the Immigration Act 2009 (see BL9.1).
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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 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 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.
ii
iii
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. b. the conditions; and 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.
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. The evidence must be provided no later than three months after the expiry of the conditions.
b.
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BL9.1.15 Meeting conditions a. The principal applicant will need to show that they have: i ii 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 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. 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).
c.
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 deportation under section 159 of the Immigration Act 2009.
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FAMILY CATEGORIES
IN THIS SECTION
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........................................... 22-1 F7 Inter-country adoption ........................................................ 23-1
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F1 OBJECTIVE
The objectives of the Family Categories are to: a. b. strengthen families and communities, while reinforcing the Government's overall objectives in immigration instructions; and contribute to New Zealand's economic transformation and social development.
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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. For the purpose of these instructions 'partnership' means: i ii iii a legal marriage; or a civil union (whether opposite or same sex); or a de facto relationship (whether opposite or same sex)
b.
and 'partner' means one of the parties to such a partnership indicated in (i), (ii) and (iii) above. c. d. 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. An application under Partnership Category will be declined if: i ii iii the application is not supported by an eligible New Zealand citizen or resident partner; or an immigration officer is not satisfied that the partnership on which the application is based is genuine and stable; or 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 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 the applicant(s) does not meet health and character requirements (see A4 and A5).
iv
v 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 partners application for a residence class visa (if applicable), unless an immigration officer is satisfied the non-declaration occurred with: i ii no intention to mislead; and would not have resulted in a different outcome in the eligible New Zealand partners application.
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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 ii iii b. they meet all the other criteria for a residence class visa under the Partnership Category; and 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 the couple have been living together in a genuine and stable relationship for at least five years at the time the application is made.
To meet the requirements of a(ii) above, the New Zealand citizen partner must either be i ii outside New Zealand at the time the application is made; or 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 ii the date the application is made (if the application was made outside New Zealand); or 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). 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)
e.
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 ii is genuine, because it has been entered into with the intention of being maintained on a long-term and exclusive basis; and 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.
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F2.10.5 Definition of 'New Zealand resident' for the purposes of partnership category a. New Zealand resident means a person who: i ii b. holds, or is deemed to hold, a current New Zealand residence class visa; or holds a valid Australian passport.
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 ii holders of valid Australian passports who do not hold a current New Zealand residence class visa; 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 partners 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 ii iii meet the character requirement for partners supporting applications made under the Partnership Category as set out at R5.95; and have not previously supported more than one other successful principal applicant under Partnership Category; and 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 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).
iv
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 ii 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 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:
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a. b.
the couple are both aged 18 years or older at the time that the application for a residence class visa was lodged; or (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 the couple have met prior to the date the application under these instructions is made; and the couple are not close relatives.
c. d.
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: Grandmother Grandfather's wife Wife's grandmother Father's sister Mother's sister Mother Stepmother Wife's mother Daughter Wife's daughter Son's wife Note: Sister Son's daughter Daughter's daughter Son's son's wife
A woman may not marry her: Grandfather Grandmother's husband Brother Son's son
Husband's grandfather Daughter's son Father's brother Son's daughter's husband Daughter's daughter's husband Husband's son's son Husband's daughter's son Brother's son Sister's son
Daughter's son's wife Mother's brother Wife's son's daughter Father Wife's daughter's daughter Brother's daughter Sister's daughter Stepfather Husband's father Son Husband's son Daughter's husband
~ 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 18-4
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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 the principal applicant and their New Zealand citizen or resident partner are living together in a partnership that is genuine and stable.
ii 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 ii iii iv the duration of the parties relationship; the existence, nature, and extent of the parties' common residence; the degree of financial dependence or interdependence, and any arrangements for financial support, between the parties; the common ownership, use, and acquisition of property by the parties; 18-5
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v vi
the degree of commitment of the parties to a shared life; 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 ii iii iv v vi b. 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.
Evidence that a partner is a New Zealand resident may include but is not limited to original or certified copies of: i ii iii a current resident visa or permanent resident visa; or evidence that the partner is deemed to hold a resident visa or permanent resident visa; or 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 partners primary place of established residence may include but is not limited to original or certified copies of: b. 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 partners household effects have been moved to New Zealand.
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.
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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. b. confirms that the New Zealand partner is a New Zealand citizen or resident; and 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 ii iii b. joint ownership of residential property joint tenancy agreement or rent book or rental receipts correspondence (including postmarked envelopes) addressed to both principal applicant and partner at the same address.
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. 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 ii iii iv v vi a marriage certificate for the parties; a civil union certificate for the parties; birth certificates of any children of the parties; evidence of communication between the parties; photographs of the parties together; documents indicating public recognition of the partnership;
c.
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. 18-7
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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. 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. 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. 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.
b. c.
d.
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 ii 'Credibility': the principal applicant and the partner both separately and together, must be credible in any statements made and evidence presented by them. '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). '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. 'Stable partnership': the principal applicant and partner must demonstrate that their partnership is likely to endure.
iii
iv 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.
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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. 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.
b.
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. 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. 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.
b.
c.
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. 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. 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. 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 18-9
b.
c.
d.
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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).
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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 ii iii iv v vi b. 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 demonstrate ownership of these funds and/or assets and that they have been legally earned or acquired; and transfer and place the funds in an acceptable investment in accordance with the instructions at F3.10.25; and nominate NZ$0.5 million of settlement funds and demonstrate ownership of these funds and/or assets; and demonstrate an annual income of at least NZ$60,000; and meet the Family requirements as set out at F3.20.
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

See previous instructions: F3.10 Effective 25/07/2011 F3.10 Effective 29/11/2010
a. b.
The principal applicant must invest a minimum of NZ$1 million in New Zealand for a period of four years. The principal applicant must: i ii nominate funds and/or assets equivalent in value to NZ$1 million; and 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 a. Nominated funds and/or assets may be owned either: i ii solely by the principal applicant; or 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; or 19-1
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iii b.
jointly by the principal applicant and dependent children who are included in the residence visa application.
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. 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 (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. The nominated funds and/or assets must be unencumbered. The nominated funds and/or assets must not be borrowed.
c.
d. e.
Note: New Zealand-based funds or assets cannot be gifted under these instructions. F3.10.5 Definition of 'funds earned or acquired legally' a. b. 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. 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 New Zealand.
F3.10.10 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. F3.10.15 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 four-year investment period. 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 legally in New Zealand.
b.
F3.10.20 Evidence of the principal applicant's nominated funds and assets a. b. Principal applicants must provide evidence of net funds and/or assets to the value of the required investment funds. All documents provided as valuations of assets must be: i ii c. no more than three months old at the date the resident visa application is made; and produced by a reliable independent agency.
A business immigration specialist may seek further evidence if they: i are not satisfied with the valuation provided; or
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ii
consider that the nominated funds and/or assets fail in some other way to meet the rules for investment funds.
F3.10.25 Definition of 'acceptable investment' a. An acceptable investment means an investment that: i ii iii iv v vi is capable of a commercial return under normal circumstances; and is not for the personal use of the applicant(s) (see F3.10.30); and is invested in New Zealand in New Zealand currency; and is invested in lawful enterprises or managed funds that comply with all relevant laws in force in New Zealand (see F3.10.35); and has the potential to contribute to New Zealand's economy; and 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) (see F3.10.35); or bonds issued by New Zealand registered banks; or equities in New Zealand registered banks; 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. 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. A Business Immigration Specialist may consider bonds in finance companies as an acceptable investment where the finance company: i ii iii is a wholly-owned subsidiary of, raises capital solely for, and has all its debt securities unconditionally guaranteed by a New Zealand Stock Exchange listed company or a local authority.
c.
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. 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: 19-3
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i ii b.
a managed fund investment product offered by a financial institution; or funds invested in equities that are managed on an investor's behalf by a fund manager or broker.
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 F3.15.25 F3.10.40 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. b. c. d. e. f. the residential property must be in the form of new developments on either new or existing sites; and the residential property(ies) cannot include renovation or extension to existing dwellings; and the new developments must have been approved and gained any required consents by any relevant regulatory authorities (including local authorities); and the purpose of the residential property investments must be to make a commercial return on the open market; and neither the family, relatives, nor anyone associated with the principal investor, may reside in the development; and the costs associated with obtaining any regulatory approval (including any resource or building consents) are not part of the principal applicants acceptable investments.
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, and/or dependent children (see R2.1) 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. b. ownership of a minimum of NZ$0.5 million; and 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: i solely by the principal applicant; or
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ii b.
jointly by the principal applicant and their partner and/or dependent children (see R2.1) who are included in the resident visa application.
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)). 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.
c.
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. b. earned solely by the principal applicant; or 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

a. The principal applicant must: i 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 either have no dependent children and all of their adult children are lawfully and permanently outside the country in which they, the parents, are lawfully and permanently or the centre of gravity of their family is in New Zealand.
ii iii
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: 19-5
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i ii iii b.
birth certificates establishing the relationship of the children to the parent(s); or household registration documents, if these establish the relationship of the children to the parent(s); or evidence of adoption (see R3), which establishes the relationship of the children to the parents.
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: b. 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.
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.
F3.20.10 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: b. a passport or passport pages showing identity and a residence visa or permit letters or other documents showing that indefinite residence in another country has been granted a passport or passport pages showing identity and nationality naturalisation or citizenship certificates.
If a person does not need a visa or permit to live in their country of residence (eg, European Community nationals living in other European Community 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.
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 employment references rates demands income tax returns mortgage documents
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documents showing that household effects have been moved to that country.
F3.25 Approval in principle and transfer of funds

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. b. the legitimacy and lawful ownership of the nominated funds and/or assets; and 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.
F3.25.5 Approval in principle Principal applicants who are assessed as meeting the requirements under the Parent Retirement Category will be advised that: a. b. their application has been approved in principle; and resident visas may be granted once they: c. 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
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 ii 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 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 be transferred through the banking system directly from the principal applicant's bank account(s) to New Zealand; or 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 applicants 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 cash transactions were not made; and
iii iv
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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 ii they own net assets equal or greater in value to the required investment amount; and 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 it is not economically viable or practical to liquidate the nominated assets eg sell a business.
iii 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 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). A business immigration specialist may request any other information to satisfy them that the above requirements have been met.
b.
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. 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.
b.
F3.25.25 When the investment period begins a. b. c. If the investment already meets the investment requirements, the required investment period begins on the date of the letter advising approval in principle. If the investment is made after approval in principle, the required investment period will begin on the date the investment requirements are met. 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: i ii iii 19-8 the full name of the investor; and the amount invested in New Zealand dollars; and the date the investment was made; and
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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 documentary evidence of the investment; and a letter from a reliable independent professional (for example, a solicitor or chartered accountant), confirming that the funds have been invested.
v vi 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. b. c. d. 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. The work visa will be valid for multiple entries to New Zealand for 12 months after approval in principle has been given. A work visa may be granted for the same period on application to the principal applicant's partner (see WS2(e)). Student visas may be granted for the same period on application to the principal applicant's partner and/or dependent children if they wish to study, in accordance with current student instructions (see U8).
F3.30 Resident visas

F3.30.1 Grant of resident visas a. Residence visas may only be granted once principal applicants have: i ii iii b. met the transfer requirements set out at F3.25.10; and placed the funds into an acceptable investment; and paid any applicable migrant levy (see R5.90).
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. b. c. d. that the principal applicant retains an acceptable investment in New Zealand for a minimum of four years under the Parent Retirement Category; and that the principal applicant informs the nearest branch of INZ of any changes of New Zealand address during the investment period; and 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 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).
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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. b. the funds remain invested in New Zealand in New Zealand currency at all times during the investment period; and 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 ii b. three months before the two-year anniversary; and three months before the expiry of the required investment period requesting evidence that section 49(1) conditions are being met.
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. b. The principal applicant will need to show that they have retained an acceptable investment in New Zealand for the required investment period. Suitable evidence will include documentation from a reliable independent professional (for example, a solicitor or chartered accountant) stating: i ii iii iv v c. d. the full name of the investor; and the amount invested; and the date the investment was lodged; and 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 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.
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. 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. A business immigration specialist may request any other information in order to be satisfied that the above requirements have been met.
e.
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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 subsequent written confirmation on file (by a business immigration specialist) that the investment requirements have been met.
ii
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 deportation under section 159 of the Immigration Act 2009. 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). 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.
b.
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F4 PARENT CATEGORY
F4.1 How do parents qualify for a resident visa?
See previous instructions: F4.1 Effective 29/11/2010
a.
A parent(s) of a New Zealand citizen or resident meets Parent Category if either: i ii they have no dependent children and all of their adult children are lawfully and permanently outside the country in which they are lawfully and permanently; or the centre of gravity of their family is in New Zealand.
b. c.
In each case the parent(s) must be sponsored by an adult child who is an acceptable sponsor (Refer R4.5). Applicants under Parent Category must meet the requirements of health and character instructions (see A4 and A5).
F4.1.1 Minimum income requirement for sponsors a. An application under Parent Category will only be approved if the sponsor and/or their partner meets the minimum income requirement (unless the sponsor obtained a residence class visa in New Zealand on the basis of their status as a refugee, or at the date the application is made, the sponsor is aged 65 years or older). The gross minimum income requirement referred to in (a) above is NZ$31,202.08 per annum. This is based on the Unemployment Benefit (married and civil union rate) plus the maximum Accommodation Supplement as set by the New Zealand Government. This must be met by personal income which is obtained from: i ii iii sustained paid employment; and/or regular self-employment; and/or regular investment income.
b.
Note: The income must be 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. F4.1.5 Grandparents and legal guardians a. A principal applicant and their partner will be considered as a 'parent(s)' and a sponsor will be considered as an 'adult child' under Parent Category if: i ii both the sponsor's parents died before the sponsor attained the age of 20 years; and 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.
b.
A sponsor's grandparent and their partner will be considered as a 'parent(s)' and a sponsor will be considered as an 'adult child' under Parent Category if both the sponsor's parents are deceased. Only one grandparent and their partner may be sponsored under Parent Category.
c.
F4.1.10 Who are considered to be children of the principal applicant and the principal applicant's family? a. In the context of Parent Category, children of the principal applicant and the principal applicant's family include: 20-1
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i ii
all biological or adopted children of the principal applicant; and any child of the principal applicant's partner (whether or not the partner is included in the application), if that child has lived as part of the principal applicant's family unit for a predominant period of the child's life between the time their relationship with the principal applicant began and when the child turned 18 years of age.
b.
In the context of Parent Category, where the principal applicant is a legal guardian, children of the principal applicant and the principal applicant's family include: i ii iii iv the New Zealand citizen or resident sponsor; and all biological and adopted children of the principal applicant; and any children of whom they are or were legal guardians by reason of the parents of those children being deceased; and any child of the principal applicant's partner (whether or not the partner is included in the application), if that child has lived as part of the principal applicant's family unit for a predominant period of the child's life between the time their relationship with the principal applicant began and when the child turned 18 years of age.
c.
In the context of Parent Category, where the principal applicant is a grandparent, children of the principal applicant and the principal applicant's family include: i ii iii the New Zealand citizen or resident sponsor; and all biological and adopted children of the principal applicant; and any child of the principal applicant's partner (whether or not the partner is included in the application), if that child has lived as part of the principal applicant's family unit for a predominant period of the child's life between the time their relationship with the principal applicant began and when the child turned 18 years of age.
F4.5 Definitions
F4.5.1 Definition of 'lawfully and permanently' People who are lawfully and permanently in a country are either: a. b. citizens of that country, or persons who have the right of, or permission to take up, indefinite residence in that country; and actually residing in that country; or living in a refugee camp in that country with little chance of repatriation.
Note: if a person is actually residing in a country in which they do not have the right of, or permission to take up, indefinite residence, for the purpose of determining whether an applicant meets parent category they are deemed to be lawfully and permanently in the country in which they were predominantly living in the last 10 years and in which they are entitled to reside lawfully and permanently. F4.5.5 Definition of 'dependent child' For the purpose of Parent Category, and despite the definition in section 4 of the Immigration Act 2009, a child is dependent if: a. he or she is: i aged 18 to 24, with no child(ren) of his or her own; and
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single and totally or substantially reliant on their parent(s) for financial support, whether living with them or not; or
he or she is: i ii iii aged 17 or younger; and single and totally or substantially reliant on their parent(s) for financial support, whether living with them or not.
c.
When determining whether a child of 18 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; 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.
F4.5.10 Definition of 'adult child' In the context of 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. b. For sponsorship purposes, 'adult child' means a child of 18 or older. 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 are able to meet the Sponsorship Undertakings (see R4.10) and the minimum income requirement (see F4.1.1).
F4.5.20 Definition of 'centre of gravity' A family's centre of gravity is in New Zealand if either: a. i ii the principal applicant parent has no dependent children (see F4.5.5 above); and the number of their adult children (see F4.5.10 above) lawfully and permanently (see F4.5.1 above) in New Zealand is equal to or greater than those lawfully and permanently in any other single country, including the country in which the principal applicant is lawfully and permanently; or
b. i ii the principal applicant parent has dependent children; and the number of their adult children lawfully and permanently in New Zealand is equal to or greater than those lawfully and permanently in any other single country, including the country in which the principal applicant parent is lawfully and permanently; and the number of their dependent children is equal to or fewer than, the number of their adult children who are lawfully and permanently in New Zealand.
iii
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Note: the following tables show examples of how the 'centre of gravity' principle is applied. Parent with no dependent children No. of children In New Zealand 2 5 4 6 6 1 2 1 2 2 In home country 1 1 1 1 2 Third country Eligible 2 2 3 2 YES YES NO NO YES
Parent with dependent children No. of children In New Zealand 2 4 4 4 6 1 adult 1 adult 1 adult 1 adult 2 adults In home country 1 dependant 1 adult 2 dependants 2 dependants 1 adult 1 dependant 2 dependants 2 adults YES
Third country Eligible 1 adult 1 adult YES NO NO YES
F4.10 Evidence
The items listed in F4.10.1 to F4.10.40 below are examples of relevant evidence: other documents may also be relevant. F4.10.1 Evidence of relationship of parent(s) to children a. Evidence of a parents relationship to their children is original or certified copies of: i ii iii b. birth certificates establishing the relationship of the children to the parent; or household registration documents, if these establish the relationship of the children to the parent; or evidence of adoption (see R3), which establishes the relationship of the children to the parent.
Other evidence establishing the relationship of the children to the parents may also be provided.
F4.10.5 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:
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i ii iii b.
birth certificates establishing the relationship of the sponsor to the grandparent(s); or household registration documents, if these establish the relationship of the sponsor to the grandparent(s); or evidence of adoption (see R3), which establishes the relationship of the sponsor to the grandparent(s).
Other evidence establishing the relationship of the sponsor to the grandparent(s) may also be provided, or requested by an immigration officer.
F4.10.10 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; 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; 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; 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.
F4.10.15 Evidence that parents are deceased a. b. Evidence that a sponsor's parents are deceased is original or certified copies of death certificates for both parents. 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. A death certificate is considered to be obtainable even if there is a possible delay or expense in obtaining it.
c.
F4.10.20 Evidence of dependence a. b. Up to 18 years of age, if a child is unmarried it is presumed to be dependent. For children aged 18 to 24, evidence of actual dependence may be required.
F4.10.25 Evidence of sponsorship Evidence is a Sponsorship Form for Residence in New Zealand which: a. b. confirms that the sponsor meets the requirements for sponsors who are natural persons set out at R4.5 (d). contains the undertakings required (see R4.10); and
F4.10.25.1 Evidence that the sponsor and/or their partner meets the minimum income requirement
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a.
The minimum income requirement must be met by personal income obtained by the sponsor and/or their partner from: i ii iii sustained paid employment; and/or regular self-employment; and/or regular investment income.
b.
The income must be 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. 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. Evidence of meeting the minimum income requirement for sponsors (see F4.1.1) 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, benefit, pension and withholding payments; and/or wage slips; and/or a current employment contract; and/or bank statements or any other documents from financial institutions.
c.
d.
F4.10.40 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: b. a passport or passport pages showing identity and a visa or permit indicating the holder is entitled to remain indefinitely in that country letters or other documents showing that indefinite residence in another country has been granted a passport or passport pages showing identity and nationality naturalisation or citizenship certificates.
If a person does not need a visa or permit to live in their country of residence (eg, European Community nationals living in other European Community 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 employment references rates demands income tax returns mortgage documents
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documents showing that household effects have been moved to that country.
F4.15 Verification of family details

Immigration officers may refer to former applications lodged by applicants, family members of applicants or sponsors, 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).
F4.20 Deferring the final decision

a. If, at the time of assessment, the principal applicant has not met the criteria under F4.1 (a), but may be able to do so within 6 months, the final decision on the application may be deferred for up to 6 months. A principal applicant and partner included in the application, who are 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 6-month deferral period.
b.
F4.25 Undertakings of sponsors

a.
Sponsors (except those at F4.25b below) must give the mandatory sponsorship undertakings (see R4.10) for the first 5 years from their relatives' first day as a resident in New Zealand. Sponsors who obtained residence in New Zealand on the basis of their status as refugees are only required to give an undertaking with respect to the applicants accommodation in New Zealand (see R4.10 (b)(i)) for the first 5 years of their relatives' residence in New Zealand.
b.
F4.30 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 in F4.25 until five years from the visa holders first day as a resident in New Zealand. The multiple entry travel conditions on a resident visa granted under the Parent Category must be valid for until five years from the visa holders first day as a resident in New Zealand.
b.
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F5 DEPENDENT CHILD CATEGORY

F5.1 How do dependent children qualify for a resident visa?
a. Principal applicants meet Dependent Child Category if: i they are: aged 18 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 they 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 have been born to their parent(s) after their parent(s) made their own application for a residence class visa; or 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.
ii
ii iii
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 parents application for a residence class visa, section R5.15 will apply. c. When determining whether a child of 18 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: d. 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.
Principal applicants under Dependent Child Category must meet health and character requirements (see A4 and A5).
F5.5 Definitions
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). 21-1
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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. b. citizens of New Zealand; or holders (or deemed to be holders) of New Zealand residence class visas.
F5.10 Evidence
The items listed in F5.10.1 to F5.10.35 below are examples of relevant evidence: other documents may also be relevant. 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 ii iii b. birth certificates establishing the relationship of the dependent child to the parent(s); or household registration documents, if these establish the relationship of the dependent child to the parent(s); or evidence of adoption (see R3), which establishes the relationship of the dependent child to the parent(s).
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 ii iii b. 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 a declaration in the residence application form that the principal applicant has no children; and a birth certificate or other evidence that the principal applicant is aged 18 to 24.
Evidence that the principal applicant is single, and 17 or younger, is: i ii 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 a birth certificate or other evidence that the principal applicant is 17 or younger.
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F5.10.15 Evidence of financial dependence (see F5.1) a. b. Up to 18 years of age, if a child is unmarried and has no children of its own, it is presumed to be dependent. For children aged 18 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. b. a ruling from a New Zealand court; or the assessment of the immigration officer, if there are clear precedents for adoptions from the country concerned.
F5.10.30 Evidence of parents 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 or certified copies of: b. 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. a current New Zealand residence class visa in their passport or certificate of identity; or evidence the parent is deemed to hold a New Zealand residence class visa.
Evidence that a parent is a New Zealand resident is: i ii
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 rates demands income tax returns mortgage documents 21-3
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documents showing that household effects have been moved to New Zealand.
F5.15 Verification of family details

Immigration officers may refer to former applications lodged by applicants, family members of applicants, or sponsors 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 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. 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. 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 a court order permitting the New Zealand citizen or resident parent to remove the child from its country of residence; or 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.
b.
c.
ii iii
d.
Where an immigration officer is satisfied that: i ii by virtue of local law, the New Zealand citizen or resident parent has the statutory right to custody of the child; and it is not possible or required under that local law to obtain individualised legal 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...

F5.25 Dependent children under 16 with only one parent holding New Zealand citizenship or 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 its country of residence.
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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 its country of residence. Except where (e) applies evidence of the right to remove the dependent child from its 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 ii a written statement confirmed by both parents at interview; or a court order permitting the applicant to remove the child from its country of residence.
c.
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. Where an immigration officer is satisfied that: i ii by virtue of local law, the New Zealand citizen or resident parent has the statutory right to custody of the child; and it is not possible or required under that local law to obtain individualised legal 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.
e.
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 applicableat the time the application under Dependent Child Category is made. 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. 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. 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.
b.
c.
d.
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 21-5
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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

If parent(s)' resident visa are subject to conditions under section 49(1), then their dependent child's resident visa will be subject to the condition that the New Zealand resident parent(s) comply with those conditions (see R5.65.1).
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F6 SIBLING AND ADULT CHILD CATEGORY

F6.1 How do siblings and adult children qualify for a resident visa?
a. Siblings and adult children of New Zealand citizens or residents meet Sibling and Adult Child Category if: i ii b. c. they have no other immediate family who are lawfully and permanently in the same country in which the principal applicant is lawfully and permanently; and they have an acceptable offer of employment in New Zealand.
In each case the adult child or sibling must be sponsored by an adult sibling or parent who is an acceptable sponsor (Refer R4.5). Principal applicants with dependent children must show that they will meet a minimum income requirement if they come to New Zealand, which is intended to ensure they can support themselves and any dependants. The table below sets out the gross minimum income requirement for principal applicants with dependent children: Number of dependent children 1 2 3 4 or more Total family income per year $30,946 $36,493 $42,040 $47,586
Note: If a principal applicant's partner included in their application also has an offer of employment in New Zealand, their wage or salary may be taken into account when determining the total family income per year, provided (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. A partner's offer of employment must meet all the requirements for an acceptable offer of employment except the requirement that the offer be for full-time employment. d. e. Siblings and adult children must meet health and character requirements (see A4 and A5). Principal applicants applying under Sibling and Adult Child Category must be aged 55 years or younger at the time the application is lodged.
F6.1.1 Lodgement requirements for applications made under Sibling and Adult Child Category a. b. All applications lodged under Sibling and Adult Child Category must include an offer of employment. Applications that do not include an offer of employment will not be considered to be made (see R2.25).
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c.
If the original job offer lodged with an application under Sibling and Adult Child Category has been replaced by another, the new offer will be checked against the relevant instructions as if it were the first offer.
F6.5 Definitions
F6.5.1 Definition of 'adult child' In the context of Sibling and Adult Child Category, 'adult child' means a child of 18 or older unless they are dependent (see F4.5.5). F6.5.5 Definition of 'immediate family' a. b. In the context of Sibling and Adult Child Category, 'immediate family' includes all biological or adoptive parents and siblings of the principal applicant. Step-parents and step-siblings are considered to be part of the principal applicant's 'immediate family' unless the principal applicant provides evidence that these family members have not lived as part of the principal applicant's family unit for a predominant period of the principal applicant's life since the step-relationship was created.
F6.5.10 Definition of 'adult sibling for sponsorship purposes' a. b. For sponsorship purposes, adult sibling means a sibling aged 18 or older. However, siblings aged 18 to 24 must only be considered as 'adult siblings for sponsorship purposes' if they can satisfy an immigration officer that they are able to meet their sponsorship undertakings (Refer F6.30.)
F6.5.15 Definition of 'lawfully and permanently' People who are lawfully and permanently in a country are either: a. b. citizens of that country, or persons who have the right of, or permission to take up, indefinite residence in that country; and actually residing in that country; or living in a refugee camp in that country with little chance of repatriation.
Note: If a person is actually residing in a country in which they do not have the right of, or permission to take up, indefinite residence, for the purpose of determining whether an applicant meets Sibling and Adult Child Category they are deemed to be lawfully and permanently in the country in which they were predominantly living in the last 10 years and in which they are entitled to reside lawfully and permanently. F6.5.20 Definition of 'acceptable offer of employment' a. Offers of employment are acceptable if they are for ongoing and sustainable employment with a single employer, or for one or more contracts totalling at least 6 months, if the principal applicant has provided evidence of having had at least two years of contract work (see F6.5.25 below); and for full-time employment (see F6.5.30 below); and current at the time of assessing the application and at the time of granting the visa (see F6.20); and genuine; and
b. c. d.
Residence
e. f. g.
for a position that is paid by salary or wages (positions of self-employment, payment by commission and/or retainer are not acceptable); and accompanied by evidence of full or provisional registration, if full or provisional registration is required by law to take up the offer; and 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 ~ paying employees no less than the appropriate adult or youth minimum wage ~ meeting holiday and special leave requirements or other minimum statutory criteria ~ meeting occupational safety and health obligations.
F6.5.25 Definition of 'ongoing and sustainable employment' a. Employment is ongoing and sustainable if it 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 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. F6.5.30 Definition of 'full-time employment' Employment is full-time if it amounts to, on average, at least 30 hours per week.
ii
F6.10 Evidence
See also Immigration Act 2009 s 22(5)(g) See also Immigration (Visa, Entry Permission, and Related Matters) Regulations 2010, reg 5
The items listed in F6.10.1 to F6.10.25 below are examples of relevant evidence: other documents may also be relevant. F6.10.1 Evidence of relationship to sponsor a. Evidence of siblings' or adult children's relationship to their sponsor is original or certified copies of: i ii iii 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. 22-3
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b.
Other evidence establishing the relationship of the sponsor to the principal applicant may also be provided.
F6.10.5 Evidence of sponsorship Evidence is a Sponsorship Form for Residence in New Zealand (INZ 1024) which: a. b. confirms that the sponsor is an acceptable sponsor (see R4.5); and contains the undertakings required (see R4.10).
F6.10.20 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: b. a passport or passport pages showing identity and a residence class visa letters or other documents showing that indefinite residence in another country has been granted a passport or passport pages showing identity and nationality naturalisation or citizenship certificates.
If family members do not need permits or visas to live in their country of residence (eg, European Community nationals living in other European Community 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 family member's or children's residence status from an authoritative source such as a municipal, judicial, police or government authority.
c.
In the case 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 applicant employment references rates demands income tax returns mortgage documents documents showing that household effects have been moved to that country.
F6.10.25 Evidence of offer of employment a. Evidence of an offer of employment is original or certified copies of the following documents: i ii iii iv a written offer of employment; and a detailed job description; and 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 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. Note: the employment agreement need not be supplied until after approval in principle (see F6.20(b)).
Residence
b.
Additional evidence may include, but is not limited to: any information requested by INZ the results of any verification undertaken by INZ information from the employer or recruitment agency.
F6.15 Verification
F6.15.1 Verification of family details Immigration officers may refer to former applications lodged by applicants, family members of applicants, or sponsors 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). F6.15.5 Verification of offer of employment Immigration officers must be satisfied that documents provided as evidence of offers of employment are genuine and accurate, and they may take any steps they determine necessary to verify such documents and the information they contain.
F6.20 Confirmation of offer of employment

After an application has been approved in principle, but before a visa will be granted, immigration officers must: a. b. check that the job is still available to be taken up, that is, the period during which employment may begin is still open; and be provided with the original or a certified copy of the signed employment agreement, if this has not been provided at the time of assessment.
F6.25 Deferring the final decision

a. If, at the time of assessment, the principal applicant has not met the criteria under F6.1(a), but may be able to do so within 6 months, the final decision on the application may be deferred for up to 6 months. A principal applicant already in New Zealand may be granted a further temporary entry visa or visas (once an application is made) for a period sufficient to enable a further assessment of their application after the 6-month deferral period.
b.
F6.30 Undertakings of sponsors

a.
Sponsors (except those at F6.30(b) below) must give the mandatory sponsorship undertakings (see R4.10) for the first 2 years from their relatives' first day as a resident in New Zealand. Sponsors who obtained a residence class visa in New Zealand on the basis of their status as refugees are only required to give an undertaking with respect to the applicants
b.
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accommodation in New Zealand (see R4.10 (b)(i)) for the first 2 years from their relatives' first day as a resident in New Zealand.
F6.35 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 instructions applicable at the time the application under Sibling and Adult Child Category is made. Such an applicant will be subject to the requirements of the applicable English language instructions as if they were a non-principal applicant subject to the Skilled Migrant Category or Business Immigration Instructions. 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 requirements of of the Skilled Migrant Category instructions applicable at the time the application under Sibling and Adult Child Category is made. A principal applicant who would have been eligible for inclusion in an earlier Business Investor category or Business Immigration application will be subject to the English language requirements of Business Immigration Instructions applicable at the time the application under Sibling and Adult Child Category is made.
b.
c.
d.
F6.40 Conditions of a resident visa granted under the Sibling and Adult Child Category
A resident visa granted under the Sibling and Adult Child Category is subject to the condition that the sponsor of the visa holder meets their obligations as set out in F6.30 until two years from the visa holders first day as a resident in New Zealand.
Residence
F7 INTER-COUNTRY ADOPTION
F7.1 Guidelines for inter-country adoptions
a. b. c. 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. 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. 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. 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.
d.
F7.5 Citizenship procedure

a. b. c. 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. 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. 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. b. Children adopted overseas or in New Zealand must meet immigration requirements unless, and until, their New Zealand citizenship is established. 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. b. c. Under the Adoptions Act 1955, social workers approve prospective parents and report to the Family Court, which rules on individual adoptions. 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. 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. 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. CYF may also ask overseas posts to investigate the circumstances of the child.
d. e.
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SKILLED MIGRANT CATEGORY

IN THIS SECTION
SM1 Objective........................................................................ 24-1 SM2 Overview of Skilled Migrant Category ................................. 25-1 SM3 Expression of Interest and Invitation to Apply instructions ..... 26-1 SM4 Summary of requirements ................................................ 27-1 SM5 English Language Requirements......................................... 28-1 SM6 Summary of points for employability and capacity building factors .......................................................................... 29-1 SM7 Skilled employment ......................................................... 30-1 SM8 Bonus points: employment in an identified future growth area or area of absolute skills shortage .............................. 31-1 SM9 Bonus points: employment outside the Auckland region ........ 32-1 SM10 Bonus points: partner's skilled employment in New Zealand......................................................................... 33-1 SM11 Work experience............................................................ 34-1 SM12 Bonus points: work experience in New Zealand .................. 35-1 SM13 Bonus points: work experience in an identified future growth area or an area of absolute skills shortage ............... 36-1 SM14 Recognised qualifications ................................................ 37-1 SM15 Bonus points: New Zealand qualifications .......................... 38-1 SM16 Bonus points: qualifications in an identified future growth area or an area of absolute skills shortage.......................... 39-1 SM17 Bonus points: partner's recognised qualifications ................ 40-1 SM18 Age.............................................................................. 41-1 SM19 Requirements for occupational registration ........................ 42-1 SM20 Bonus points: close family in New Zealand ........................ 43-1 SM21 Settlement and Contribution Requirements ........................ 44-1
Table of contents
Residence
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: b. 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.
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.
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SM2 OVERVIEW OF SKILLED MIGRANT CATEGORY

a. b. c. d. e. 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. 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. 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. EOIs in the Skilled Migrant Category Pool are selected from that Pool periodically on the Government's behalf by the Department of Labour. Selections from the Pool are made in the following manner: i ii EOIs that have total points of 140 or more are selected automatically from the Pool; 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 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).
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 adjustment to the number or distribution of places in the NZRP determined by the 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. 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. 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. Only a person invited to apply may apply for a resident visa under the Skilled Migrant Category. 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. Applications for a resident visa, resulting from an invitation to apply, must include: i ii information and evidence to support the claims made in the EOI; and 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.
g.
h. i. j.
k.
l.
Applications will be assessed against instructions set out in sections SM4 to SM21 of the Skilled Migrant Category. 25-1
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m. Principal applicants under the Skilled Migrant Category will be assessed against: i ii iii iv n. health, character and English language requirements; and employability and capacity building requirements; and 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 settlement and contribution requirements.
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 ii the grant of a resident visa; or 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 decline of the resident visa application.
iii
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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.
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SM3 EXPRESSION OF INTEREST AND INVITATION TO APPLY INSTRUCTIONS

SM3.1 Expressing interest in being invited to apply under the Skilled Migrant Category
See also Immigration Act 2009 ss 92, 158 See also Immigration (Visa, Entry Permission, and Related Matters) Regulations 2010, reg 9
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 ii the completed EOI form; and the appropriate fee (if any).
Note: The completed form can be submitted electronically or in paper form. b. Through completion of an EOI a person: i ii iii provides information regarding their identity, health and character; and provides information about their English language ability in accordance with the requirements for English language ability set out at SM5 of these instructions; and 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 ii iii the provision of false or misleading information as part of an EOI or associated submission; or the withholding of relevant, potentially prejudicial information from an EOI or associated submission; or failure to advise an immigration officer of any fact or material change in circumstances 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.
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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 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

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: a. has confirmed that health and character requirements for entry to the Pool have been met because none of the people included in their EOI are people who: i ii are described in sections 15 or 16 of the Immigration Act 2009 (see A5.20); or would not be granted a medical waiver (see A4.60). Note: People will not be granted a medical waiver if they: ~ require dialysis treatment; or ~ have active pulmonary tuberculosis; or ~ have severe haemophilia; or ~have a physical incapacity that requires full time care. b. c. d. e. has confirmed that they meet the minimum standard of English (see SM5); and has claimed a minimum of 100 points for employability and capacity building factors (see SM7 to SM19); and has claimed points for either recognised qualifications (see SM14) or work experience (see SM11); and is aged 55 years or younger.
SM3.15 Selection of Expressions of Interest

See previous instructions SM3.15 Effective 29/11/2010 SM3.15 Effective 01/02/2011
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. EOIs in the Skilled Migrant Category Pool are selected from that Pool periodically on the Government's behalf by the Department of Labour. Selections from the Pool are made in the following manner: i ii EOIs that have total points of 140 or more are selected automatically from the Pool; 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 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)
b. c.
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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 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. b. The following additional selection criteria apply for the purposes of SM3.15(d), for selections from the Pool occurring until 31 January 2012 inclusive. 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 ii iii iv EOIs that include 15 points for work experience in an area of absolute skills shortage (in descending order of their points total); EOIs that include 10 points for work experience in an area of absolute skills shortage (in descending order of their points total); EOIs that include 10 points for a qualification in an area of absolute skills shortage (in descending order of their points total); 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. An EOI that is no longer current will be withdrawn from the Pool. 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.
b. c.
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 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.
ii
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. 26-3
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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.
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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. b. c. they have been issued with an invitation to apply under the Skilled Migrant Category; and 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 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 ii iii b. health, character and English language requirements; and employability and capacity building requirements; and settlement and contribution requirements.
An application under the Skilled Migrant Category will be approved if: i ii the principal applicant and family members included in the application meet health and character, and English language requirements where required; and 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 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 the principal applicant is less than 56 years of age; and the principal applicant is assessed as having the ability to successfully settle in and contribute to New Zealand; and all necessary verification of the application has been completed.
iii
iv v vi 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 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 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.
ii
iii
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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. b. Applicants under the Skilled Migrant Category must meet health and character requirements (see A4 and A5). 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. b. Employability and capacity building factors are assessed using a points system. An application for a resident visa under the Skilled Migrant Category will be declined if a principal applicant does not: i ii qualify for the points for employability and capacity building factors; or 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)

See previous instructions SM4.20 Effective 29/11/2010
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 Zealand. Principal applicants who: i ii iii qualify for 50 points for an offer of skilled employment or current skilled employment in New Zealand for less than 12 months; or qualify for 60 points for current skilled employment in New Zealand for twelve months or more; or 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;
b.
have demonstrated the ability to successfully settle in and contribute to New Zealand. c. d. Principal applicants who do not have points for any of these factors will be further assessed. 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.
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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. 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.
f.
SM4.25 Migrant levy

Principal applicants approved-in-principle under the Skilled Migrant Category must deposit a Migrant Levy (see R5.90) when: a. b. their application is approved-in-principle, unless: 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. Resident visas will be granted subject to conditions where SM4.30.10 and/or SM4.30.15 below apply.
b.
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 27-3
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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 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 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.
iii iv
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 Zealand; and 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.
ii
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.
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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 Zealand. 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 New Zealand.
b.
SM5.5 Minimum standard of English language for principal applicants

a. b.
Applications under the Skilled Migrant Category must be declined if the principal applicant has not met the minimum standard of English. 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. 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 they have current skilled employment in New Zealand for a period of at least 12 months that qualifies for points (see SM7); or 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: 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 that is or was likely to require skill in English language; the nature of the applicant's qualifications (if any) and whether the obtaining of those qualifications was likely to require skill in the English language.
c.
ii iii
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.
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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 ii iii show that they meet a minimum standard of English to enable successful settlement in New Zealand; or pre-purchase ESOL training; or 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 (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 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 Zealand Forms 3 to 7 or years 9 to 13) at schools using English as the language of 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.
ii
iii
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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

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). 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.
b.
SM5.20.1 TEC to arrange ESOL tuition a. b. c. d. The applicant is entitled to tuition to the value of the ESOL entitlement component of the ESOL tuition charge. This does not include the INZ and TEC administration costs. 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. TEC will manage the contract between the ESOL tuition provider and the applicant. The applicant must advise TEC of their New Zealand address.
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. The content of the Agreement is determined by INZ and TEC. Included with the Agreement is a Schedule that sets out the personal details of the applicant and the amount of tuition to be purchased.
b. c.
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. After completion of the Agreement, one copy is retained by the applicant, and the other copy is returned to INZ processing office with the tuition fee(s).
b.
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c. d.
If the Agreement is not signed and returned to INZ within the time specified by INZ, the resident visa application must be declined. The INZ copy of the Agreement should be sent to the TEC.
SM5.20.15 The amount of ESOL tuition to be pre-purchased by non-principal applicants 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 4.5 or more but less than 5 4 or more, but less than 4.5 3.5 or more, but less than 4 Less than 3.5 b. c. Charge to be paid NZ$1,735 NZ$3,420 NZ$5,110 NZ$6,795 ESOL entitlement NZ$1,533.33 NZ$3,066.66 NZ$4,599.99 NZ$6,133.33
The charge includes the applicant's ESOL tuition entitlement, as well as the INZ and TEC administration costs. If an applicant has not submitted IELTS results when requested, the maximum charge of NZ$6,795 applies.
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. b. If ESOL tuition is purchased, the applicant must complete the tuition within 5 years from the date of payment. 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).
SM5.20.27 Extension of period to complete ESOL tuition a. Applicants who have pre-purchased ESOL tuition: i ii in New Zealand on or after 31 March 2005 and prior to 31 March 2008; or 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 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. 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.
b.
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c.
Immigration officers considering requests for refunds must be satisfied that the principal applicant and partner and dependent children included in the application: i ii have not entered New Zealand as residents; and 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 administration costs will not be refunded.
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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: 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 An identified future growth area An area of absolute skills shortage Region outside Auckland Partner employment or offer of employment 60 50 SM7 SM7 Points Criteria
Bonus points for employment or offer of employment in: 10 10 10 20 SM8 SM8 SM9 SM10
Work experience: 2 years 4 years 6 years 8 years 10 years 10 15 20 25 30 SM12 5 10 15 SM13 10 15 SM11
Additional bonus points if work experience in New Zealand: 1 year 2 years 3 years or more
Additional bonus points for work experience in an identified future growth area: 2 to 5 years 6 years or more
Additional bonus points for work experience in an area of absolute skills shortage: 2 to 5 years 6 years or more 10 15
Qualifications: Recognised level 4-6 qualification (e.g. trade qualification, diploma) 40 SM14
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Recognised level 7 or 8 qualification (e.g bachelors degree, bachelors degree with Honours) Recognised level 9 or 10 post-graduate qualification (Masters degree, Doctorate) 2 years of full-time study in New Zealand completing a recognised bachelor degree (level 7) New Zealand qualification
50 60
Bonus points for: 10 SM15
1 year of full-time study in New Zealand completing a 10 recognised post-graduate New Zealand qualification 2 years of full-time study in New Zealand completing 15 a recognised post-graduate New Zealand qualification Qualification in an identified future growth area Qualification in an area of absolute skill shortage Partner qualifications recognised level 4-6 qualification recognised level 7 + qualification 10 10 10 20 10
SM15 SM15 SM16 SM16 SM17 SM17 SM20
Close family support in New Zealand
Age (20 to 55 yrs): 20-29 30-39 40-44 45-49 50-55 30 25 20 10 5

SM18
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SM7 SKILLED EMPLOYMENT

a. The aim of providing points for skilled employment is: i ii to facilitate access by New Zealand employers and industry to global skills and knowledge; and 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. b. A principal applicant's current skilled employment in New Zealand for a period of at least twelve months qualifies for sixty points. A principal applicant's: i ii offer of skilled employment in New Zealand; or 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 ii iii the completion of recognised relevant qualifications; or recognised relevant work experience (see SM7.10.15 below); or 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:
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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 the applicant has the relevant recognised work experience that the ANZSCO indicates may substitute the required qualification; or 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. notwithstanding (a) (ii), applicants with Skill Level One Occupations can substitute the required qualification with five years of relevant work experience.
ii iii
iv b.
The occupation is included in part B 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, 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 has the relevant recognised work experience that the ANZSCO indicates may substitute the required qualification; or 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.
ii iii
c.
The occupation is included in part C 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 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 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.
ii
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 the required expertise for the occupation has been gained through relevant recognised qualifications or work experience.
ii
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:
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a. b.
it is in an occupation included in the list of occupations held at Appendix 7 (Occupations Treated as Exceptions); 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 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 the relevant work experience that the ANZSCO indicates may substitute the required qualification.
ii
SM7.10.5 Relevance of qualification(s) to employment Qualifications are relevant to employment if: a. b. the major subject area of the principal applicant's recognised qualification is directly applicable to the employment; and/or 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. b. the work experience is directly applicable to the employment; and/or 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. b. Work experience will be recognised if an immigration officer is satisfied that the principal applicant's work experience has been lawfully obtained. 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 ii iii full time (employment is full-time if it amounts to, on average, at least 30 hours per week); and genuine; and 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
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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.
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 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.
ii
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 ii iii b. paying employees no less than the appropriate minimum wage rate or other contracted industry standard; and meeting holiday and special leave requirements or other minimum statutory criteria, e.g. occupational safety and health obligations; and only employing people who have authority to work in New Zealand.
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.
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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.
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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 the current employment or offer of employment meets the specifications for that occupation; and 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).
ii iii
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.
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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.
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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. b. c. d. the partner's offer of skilled employment or current skilled employment meets the requirements for 'skilled employment' as set out in SM7; and the principal applicant's partner is included in the application; and the partner meets the English language requirements for principal applicants (see SM5.15); and 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).
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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 4 years 6 years 8 years 10 years 10 points 15 points 20 points 25 points 30 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 ii iii relevant to the principal applicant's current skilled employment in New Zealand or offer of skilled employment in New Zealand (see SM7); or relevant to the principal applicant's recognised qualification (see SM14); or 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 ii the work experience meets the requirements set out at SM13.20 for work experience in an area of absolute skills shortage; or 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: 34-1
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i ii
a citizen or permanent resident of that country; or a person who had the lawful authority to work in that country. Australia Austria Belgium-Luxembourg Canada Cyprus Denmark Finland France Germany Greece Iceland Ireland Israel Italy Japan Malaysia New Zealand Netherlands Norway Philippines Portugal Republic of South Korea Singapore South Africa Spain Sweden Switzerland United Kingdom United States
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. b. 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 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 Zealand 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
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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. b. Work experience only qualifies for points if an immigration officer is satisfied that the principal applicant's work experience is lawfully obtained. 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. b. Calculation of levels of work experience must be for complete weeks based on a 30-hour week. 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.
SM11.20 Evidence
Principal applicants must provide evidence and information that satisfies an immigration officer that their work experience meets the requirements for recognition.
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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 2 years 5 points 10 points
3 years or more 15 points Note: The requirements for recognised work experience are set out in SM11.10 and SM11.15.
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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. b. 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 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 applicants Expression of Interest was selected; and it meets the specifications for that occupation; and 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). 36-1
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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 ii held occupational registration while undertaking the work experience, if occupational registration was required in the country in which the work occurred; and 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.
SM13.20.1 Evidence 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.
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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. b. c. d. the level that the qualification(s) occupies on the NZQF as assessed by the New Zealand Qualifications Authority (NZQA); or 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 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 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

See previous instructions: 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. b. c. Qualifications assessed as occupying levels nine and ten on the NZQF qualify for 60 points. Qualifications assessed as occupying levels seven, or eight on the NZQF qualify for 50 points. Qualifications assessed as occupying level five or six on the NZQF qualify for 40 points.
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d.
Qualifications assessed as occupying level four on the NZQF qualify for 40 points by inclusion in the List of Qualifications Exempt from Assessment (see Appendix 3) if they meet the requirements specified in that list. Qualifications assessed as occupying level four on the NZQF qualify for 40 points if they are assessed by the NZQA and are: i ii relevant to an occupation listed at part B or part C of the List of Skilled Occupations (see Appendix 6); and not included on the list of Excluded Qualifications (see SM14.10.5).
e.
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. Points are provided for: i ii one qualification only; or two or more qualifications assessed in combination.
g.
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. b. 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 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).
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SM14.10.10 Qualifications recognised as an exception a. b. 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. Qualifications in this list, awarded by an institution included in this list, do not require assessment by the New Zealand Qualifications Authority.
SM14.20 Evidence
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 ii iii their qualification(s) is included in the List of Qualifications Exempt from Assessment; or their qualification(s) is included in the List of Qualifications Recognised as an Exception; or 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. 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). 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. 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.
c.
d. e.
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. 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 37-3
g.
Residence
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. 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.
b.
SM14.35 NZQA Pre-Assessment Results (PARs),...

SM14.35 NZQA Pre-Assessment Results (PARs), International Qualification Assessments (IQAs) and Qualifications Assessment Reports (QARs) a. b. The NZQA will provide Pre-Assessment Results (PARs), and International Qualification Assessments (IQAs) (formerly a Qualifications Assessment Report (QAR)). 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 ii iii iv a pre-assessment result is based solely on unverified information provided by the applicant on the application form; and no documentation is sighted; and only one overseas qualification is compared; and 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 ii iii assesses an overseas qualification (or group of qualifications) by stating the learning outcomes of the closest New Zealand equivalent qualification; and states the New Zealand Qualifications Framework of New Zealand Quality Assured Qualifications level of that equivalent qualifications; and 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.
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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

See previous instructions: 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. 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. 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. Qualifications gained with New Zealand Aid Programme funding will not qualify for bonus points. Despite (a), (b), and (c) above, the principal applicant will be eligible for New Zealand qualification bonus points under SM15.5.1 if they: i ii gained the qualification before 25 July 2011; or had commenced a course of study towards a recognised New Zealand qualification on 24 July 2011.
b.
c.
d. e.
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. A recognised basic New Zealand qualification from level four up to and including level eight on the NZQF qualifies for five points. A recognised post-graduate New Zealand qualification that is at level nine or ten on the NZQF qualifies for 10 points.
b. c.
Note: Applicants who hold a recognised basic New Zealand qualification and a recognised post-graduate New Zealand qualification are entitled to claim bonus points for both qualifications. 38-1
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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. b. an undergraduate student at a tertiary education institution was enrolled in at least three papers per semester; or a post-graduate student at a tertiary education institution was enrolled in either a course of study: i ii c. that resulted in at least 100 credits per calendar year; or with a workload of at least 20 hours per week; or
a student at a private training establishment was enrolled in: i ii a course of study that requires attendance for a minimum of 20 hours per week; or at least three papers, or equivalent, per semester if the course is at Level 7 or above on the New Zealand Qualification Framework.
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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. b. 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 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. b. 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 the skilled employment is in an occupation for which that qualification is a core requirement.
SM16.10.5 Evidence 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. 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 39-1
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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).
SM16.20.1 Evidence 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.
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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

See previous instructions: 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 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 Points 10
b.
A partner's recognised qualification only qualifies for points under this provision if: i ii iii the partner is included in the application; and the partner meets the English language requirements for principal applicants (see SM5.5); and 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 ii 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 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.
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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 20-29 30-39 40-44 45-49 50-55 b. Points 30 25 20 10 5
Principal applicants aged 56 and over must be declined under the Skilled Migrant Category.
SM18.10 Evidence
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).
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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
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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. b. This section applies to principal applicants whose recognised qualification is required for employment in one of the occupations listed in SM19.5. 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 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
ii
Note: For medical practitioners, registration within a 'special purpose scope of practice' is not full or provisional registration for the purpose of a residence class visa application or a work to residence application. iii iv has current skilled employment or an offer of skilled employment (see SM7) in an occupation that does not require registration; or 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. b. 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 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
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Note: For medical practitioners, registration within a 'special purpose scope of practice' is 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.
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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 ii iii 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 is in New Zealand; and 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. b. For the purposes of these instructions, 'adult sibling' and 'adult child' mean a sibling or child aged 18 years or older. 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
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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 rates demands Inland Revenue Department records mortgage documents tenancy and utility supply agreements documents showing that the close family member's household effects have been moved to New Zealand.
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SM21 SETTLEMENT AND CONTRIBUTION REQUIREMENTS

a. b. 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. 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 ii iii qualify for 50 points for an offer of skilled employment or current skilled employment in New Zealand for less than 12 months; or qualify for 60 points for current skilled employment in New Zealand for twelve months or more; or 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
See previous instructions: 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 ii iii information obtained during a structured interview with the principal applicant and if required, other family members included in the application; and all other information contained in the application for a resident visa; and any further verification of the application (including information provided at interview).
b.
That assessment will include consideration of the following factors: i ii skilled employment prospects; 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 linkages and support in New Zealand, through networks and family
iii 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. 44-1
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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 New Zealand. 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. 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). 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. 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. If (c) above applies, but a SMC job search work visa is not granted, the application for a resident visa will be declined.
e.
f.
g.
h.
i.
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 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.
ii 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
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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.
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AFTER THE GRANT OF A RESIDENT VISA

IN THIS SECTION
RV1 Generic provisions for applications made after the grant of a resident visa................................................................ 45-1 RV2 Resident visa holders applying for a permanent resident visa .............................................................................. 46-1 RV3 Variation of travel conditions on resident visas ..................... 47-1 RV4 Grant of a second or subsequent resident visa...................... 48-1
Table of contents
Residence
RV1 GENERIC PROVISIONS FOR APPLICATIONS MADE AFTER THE GRANT OF A RESIDENT VISA
RV1.1 Objectives
The objectives of this chapter are: a. b. c. to protect the interests of New Zealand citizens and other people living permanently in New Zealand; and to encourage those granted a resident visa to show a commitment to New Zealand; and 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). A resident visa expires if: i ii the holder leaves New Zealand and the visa has no valid travel conditions; or the travel conditions expire while the visa holder is outside New Zealand.
b.
c.
This chapter sets out: i ii iii the manner in which a resident visa holder may apply for a permanent resident visa (RV2); the manner in which resident visa holders may apply to vary the travel conditions endorsed on their resident visas (RV3); 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. Where the instructions in this chapter refer to an applicants 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.
b.
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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. b. c. d.
Applications must be lodged in the prescribed manner. The prescribed manner is the manner that meets the mandatory requirements set out in the Immigration (Visa, Entry Permission, and Related Matters) Regulations 2010. Applications that are not lodged in the prescribed manner will not be considered to be made. 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 See also Immigration (Visa, Entry Permission, and Related Matters) Regulations 2010, reg 6 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. b. c. d. made an approved form; and completed in English; and 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 given to an immigration officer, together with: i ii evidence of the applicants current or previous resident visa or visas; and 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 two passport sized photos of the applicants head and shoulders; and 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 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 the appropriate fee (if any).
iii iv
vi
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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. b. c. d. a resident visa in a current or expired passport or certificate identity; or a residence permit granted under the Immigration Act 1987 in a current or expired passport or certificate of identity; or INZ records of a resident visa or residence permit; or 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: rates demands 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. b. a stamp or label in current or previous passports; and/or 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).
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b. c.
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. Evidence of tax residence status includes: i ii a statement from the IR for the period in which the applicant has been assessed as having tax residence status; or Confirmation of Tax Resident Status form completed and endorsed by IR.
d. e.
If the applicant is considered to have tax residence status under a double tax agreement, the applicant must provide supporting evidence from IR. Countries with which New Zealand has a double tax agreement are: Australia Belgium Canada China Denmark Fiji Finland France Germany India Indonesia Ireland Italy Japan Republic of Korea Malaysia Taiwan Thailand
The Netherlands Norway Philippines Singapore Sweden Switzerland United Kingdom United States of America
RV1.20 Determining the eligibility of non-principal applicants

See previous instructions RV1.20 Effective 29/11/2010 See previous instructions RV1.20 Effective 15/12/2010
a.
For the purpose of making an application under this chapter, i ii 'principal applicant' means the principal applicant of the original resident visa application; and 'non-principal applicants' means the non-principal applicants included in the original resident visa application.
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 ii iii the non-principal applicant is excluded by the provisions of RV2.1; or the provisions requiring a secondary applicant to be assessed independently of the principal applicant apply (RV1.20.1 to RV1.20.20); or 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 applicants resident visa unless: i ii the non-principal applicant is excluded by the provisions of RV3.1(d); or the provisions requiring a secondary applicant to be assessed independently of the principal applicant apply (RV1.20.1 to RV1.20.20); or
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iii d.
the non-principal applicant has never been in New Zealand as a resident (as required by RV1.5(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 ii iii the non-principal applicant is excluded by the provisions of RV4.1; or specific instructions in RV1.20.1 to RV1.20.20 apply; or the non-principal applicant has never been in New Zealand as a resident (as required 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 ii iii iv does not lodge an application; or is declined a variation of travel conditions or a permanent resident visa; or does not hold a permanent resident visa or a resident visa with valid travel conditions, 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 ii iii iv v b. the partner and the principal applicant become divorced or separated; or the partner is granted a non-molestation order against the principal applicant; or the principal applicant is convicted of an offence against the partner or a dependent child; the principal applicant dies; or the principal applicant has obtained New Zealand citizenship.
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 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. In the case of the dissolution of a partnership as described in RV1.20.1(b) above, a childs 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 45-5
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ii iii c.
whichever parent they are living with if they are 16 or over; or the principal applicant, if they are 16 or over and are not living with either parent.
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. 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 ii iii a non-principal applicant partner was not included in the application; or the non-principal applicant partner has died; or the non-principal applicant partner has obtained New Zealand citizenship.
d.
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. b. were granted residence permits before 30 October 1995 or in reliance on residence visas issued before 30 October 1995; or 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.
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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 but may apply for a variation of their travel conditions under the provisions of RV3 Variation of travel conditions on a resident visa. 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. People who are liable for deportation may not apply for a permanent resident visa, however they may be granted one by special direction.
b.
c.
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 ii b. c. d. hold a resident visa, and have held that resident visa continuously for at least 24 months at the time of application; or 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
their first day in New Zealand as a resident (R5.66.1(b)) was at least 24 months before the application is made; and 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 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
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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 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.
ii
b.
Principal applicants applying for a permanent resident visa under RV2.5.10 (a)(ii) must meet the following rules for investment funds: i ii iii 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 investment funds must be invested in New Zealand in New Zealand currency; and under normal circumstances, be capable of providing a commercial return; and 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 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 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.
iv
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. 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 ii c. they have established or purchased, a business operating in New Zealand; or they have invested in a business in New Zealand by purchasing 25% or more of the shareholding of an established business.
b.
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
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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 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 they and/or members of their immediate family who were included in the application for a resident visa occupy that property.
ii
ii 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 rates demands 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
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ii iii
the Migrant Investment Categories; or 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 ii iii hold or are deemed to hold a resident visa; and have held, or have been deemed to hold, a resident visa for at least 24 months; and 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 applicants permission.
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RV3 VARIATION OF TRAVEL CONDITIONS ON RESIDENT VISAS

RV3.1 Applications for variations of travel conditions
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 ii iii b. 12 months; or 14 days; or 24 months.
Travel conditions can only be varied if the resident visa is valid. A resident visa is valid when: i ii the holder is in New Zealand; or the holder is outside New Zealand and the current travel conditions have not expired.
c. d.
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. 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. b. An application for a variation of travel conditions by a resident visa holder in New Zealand cannot be declined. An application for a variation of travel conditions made outside New Zealand may be declined, where the applicant: i ii c. does not meet any requirements of RV3.5 to RV3.20 or 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).
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, may 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 ii b. c. the immigration officer was not satisfied with the evidence produced; or the application did not meet the requirements set out in instructions.
Another officer with a grading the same as or higher than the officer who made the original decision will review the decision. 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: 47-1
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a. b. c.
they meet the requirements set out in either RV3.5.1 or RV3.5.5 below; and 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 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 be assessed as having tax residence status for 12 months in the 2 years before their application.
b.
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 ii b. do not meet the requirements for a permanent resident visa; and do not meet the requirements for a variation of travel conditions for a longer duration.
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. b. c. the Active Investor Migrant policy; or the Migrant Investment categories; or 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 47-2
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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. Australian citizens or residents who: i ii have held, or are deemed to have held, a resident visa for over 24 months; or have been previously granted a variation of travel conditions under this provision;
b.
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 ii the applicants resident visa was obtained on the basis of their partnership with the same New Zealand citizen and the partnership is ongoing; or 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 partners travel conditions. An immigration officer may ask for any additional evidence that the relationship is ongoing, genuine and stable, including that obtained by interview.
c.
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. 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. Further travel conditions under this provision may be granted every two years, for up to a total of 8 years stay outside New Zealand.
b. c.
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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.
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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. b. are not eligible for a visa under section 15 or 16 of the Immigration Act 2009; or 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. b. left New Zealand after the expiry of the travel conditions; or 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 applicants 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 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 applicants 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 the principal applicant meets the criteria for one of the special provisions for a second or subsequent resident visa (RV4.20).
ii
iii 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 applicants previous resident visa. 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 applicants resident visa expired; or 48-1
b.
Residence
ii iii
24 months from the date the current applicants resident visa expired if the principal applicant was eligible for a permanent resident visa on that day; or 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 ii the applicants resident visa was obtained on the basis of their partnership with the same New Zealand citizen and the partnership is ongoing; or 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 partners second or subsequent resident visa. An immigration officer may ask for any additional evidence that the relationship is ongoing, genuine, and stable, including that obtained by interview.
c.
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; 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 the date the principal applicants resident visa expired was less than 24 months before the date the application for the second or subsequent resident visa was made.
ii iii b. c.
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. 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.
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RESIDENCE FROM WORK CATEGORY

IN THIS SECTION
RW1 Objective ....................................................................... 49-1 RW2 Residence instructions for holders of work visas granted under the Talent (Accredited Employers) work instructions ... 50-1 RW3 Residence instructions for holders of... ............................... 51-1 RW4 Residence instructions for holders of work visas granted ... ... 52-1 RW5 English language requirements.......................................... 53-1 RW6 Migrant Levy .................................................................. 54-1 RW7 Residence instructions for holders of work visas granted under religious worker instructions .................................... 55-1
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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.
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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. b. they have held a work visa granted under the Talent (Accredited Employers) work instructions for a period of at least 24 months; and during the currency of that visa they have been employed in New Zealand throughout a period of 24 months: i ii by any accredited employer; or 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 ii 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 NZ$55,000 per annum if the associated work to Residence visa application (WR1) was made on or after 28 July 2008 ; and
d. e.
they hold full or provisional registration, if full or provisional registration is required to practice in the occupation in which they are employed; and 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. b. meets all the requirements to be granted a residence class visa; and 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 50-1
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b. c. d. e.
full-time (that is it amounts to, on average, at least 30 hours per week); and 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 genuine; and 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 Evidence of employment that meets the requirements set out at RW2.5; and 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.
b. c.
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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. b. c. d. e. f. g. h. they have held a work visa granted under the Talent (Arts, Culture and Sports) work instructions for a period of at least 24 months; and 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 they are still prominent in that field of art, culture or sport; and 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 they are supported by a New Zealand organisation of national repute in their declared field; and they have an acceptable sponsor (see R4.5); and they meet health and character requirements (see A4 and A5); and 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. b. a New Zealand organisation that has a nationally recognised record of excellence in a field of art, culture or sport; or 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. 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
b.
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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 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 resident visa.
iii
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 Evidence that the applicant is still prominent in that field of art, culture or sport; and 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.
b. c.
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RW4 RESIDENCE INSTRUCTIONS FOR HOLDERS OF WORK VISAS GRANTED ...

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. b. they have held a work visa granted under the long term skill shortage list work instructions for a period of at least 24 months; and they have employment with a minimum base salary of NZ$45,000 per annum that is either: i ii c. d. e. in an occupation that was on the Long Term Skill Shortage List when which they were granted a work visa under the long term skill shortage list work instructions; or in an occupation that is on the long term skill shortage list at the time their application for a resident visa is made; and
they are aged 55 years or under; and 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 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 resident visa. Note: 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. b. c. d. e. in New Zealand; and full-time, (that is it amounts to, on average, at least 30 hours per week); and 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 genuine; and compliant with all relevant employment law in force in New Zealand.
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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.

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 Evidence of employment that meets the requirements set out at RW4 (b) and RW4.1; and 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.
b. c.
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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 pre-purchase ESOL training.
ii 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 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 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: 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 that is or was likely to require skill in English language; the nature of the applicant's qualifications (if any) and whether the obtaining of those qualifications was likely to require skill in English language.
ii
iii
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
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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 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 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 ii they have been lawfully employed full-time in an occupation in New Zealand for a minimum of 12 months; and English was the language of employment
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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 or certified copies of: i ii b. 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 an employment agreement 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 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). Before a residence class visa is granted, applicants must pay any ESOL tuition charge due.
b.
RW5.25 TEC to arrange ESOL tuition

a. b. c. d. 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. 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. TEC will manage the contract between the ESOL tuition provider and the applicant. The applicant must advise TEC of their New Zealand address.
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. The content of the Agreement is determined by INZ and TEC.
b.
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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.
RW5.35 Completion of agreement

See previous instructions RW5.35 Effective 29/11/2010
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. After completion of the Agreement, one copy is retained by the applicant, and the other copy is returned to INZ processing office with the tuition fee(s). If the Agreement is not signed and returned to INZ within the time specified by INZ, the residence class visa application must be declined. The INZ copy of the Agreement should be sent to the TEC.
b. c. d.
RW5.40 The amount of ESOL tuition to be pre-purchased

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 4.5 or more 4 or more, but less than 4.5 3.5 or more, but less than 4 Less than 3.5 b. c. Charge to be paid NZ$1,735 NZ$3,420 NZ$5,110 NZ$6,795 ESOL entitlement NZ$1,533.33 NZ$3,066.66 NZ$4,599.99 NZ$6,133.33
The charge includes the applicant's ESOL tuition entitlement, as well as INZ and TEC administration costs. If an applicant has not submitted IELTS results when requested, the maximum charge of NZ$6,795 applies.
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. b. If ESOL tuition is purchased in New Zealand, the applicant must complete the tuition within 3 years from the date of payment. If ESOL tuition is purchased outside New Zealand, the applicant must complete the tuition within 3 years from the date of payment.
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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

a. If ESOL tuition money is paid but the principal applicant and partner and dependent 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. 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. Immigration officers considering requests for refunds must be satisfied that the principal applicant and partner and dependent children included in the application: i ii d. have not taken up residence; and do not hold current residence class visas.
b. c.
The person who paid the fee will be repaid only the ESOL entitlement. The INZ and TEC administration costs will not be refunded.
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RW6 MIGRANT LEVY

Applicants approved under the Residence from Work Category are required to pay a Migrant Levy (see R5.90).
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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. b. provide New Zealand communities with the opportunity to practise, maintain and advance their religious beliefs; and 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 ii iii b. c. Religious Worker instructions; Ministers of religion, missionaries, and members of religious orders instructions (before 5 November 2011); or Specific purpose or event work instructions (at WS2(g) before 5 November 2011); and
have an acceptable sponsor (see RW7.10); and have a genuine offer of work from their sponsor that is: i ii iii for religious work (see RW7.5.1); and in New Zealand; and ongoing (permanent, indefinite, or for a stated term of at least five years); and
d. e. f. g. h.
are aged 55 years or under; and meet the minimum English language requirements (see RW5.1); and have at least five years of religious training and/or religious work experience; and meet health and character requirements (see A4 and A5); and 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: 55-1
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i ii iii iv v b.
teaching or guidance in religious scripture or philosophy; leading religious practice, worship or prayer; conducting religious initiations, ordination or ritual; ministering or pastoral care; roles of religious leadership in relation to any of the above.
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 ii iii iv employment for a position that is paid a salary or wages; or work for a position that is paid a stipend; or work for a position that does not receive direct financial return to the worker, or 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. 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.
e.
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 resident visa. 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); 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 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 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
b.
ii
iii
iv
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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 ii iii b. paying employees no less than the appropriate minimum wage rate or other contracted industry standard; and meeting holiday and special leave requirements or other minimum statutory criteria, e.g. occupational safety and health obligations; and only employing people who have authority to work in New Zealand.
Evidence or confirmation of compliance with relevant New Zealand employment and immigration law may include but is not limited to: i ii an employment agreement with the applicant which demonstrates compliance (if the applicant is employed); and a recognised history with the Department of Labour of past compliance.
c. d.
Immigration officers may also request other evidence or confirmation of the employer's past and future compliance with employment and immigration law. 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. 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.
e.

Applications under these instructions must include evidence: a. b. c. d. that the applicant has been undertaking religious work in New Zealand for a period of at least three years; and of work that meets the requirements set out at RW7.5.1; and of sponsorship by an acceptable sponsor (see RW7.10); and of at least five years of religious training 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 ii iii testimonials; certificates of ordination; curriculum vitae;
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iv v
documentation demonstrating relevant work experience; or 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 holders first day as a resident in New Zealand, except where RW7.20 (d) applies. 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 holders first day as a resident in New Zealand. The multiple entry travel conditions on a resident visa granted under the Religious Work instructions must be valid for five years from the visa holders first day as a resident in New Zealand. 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.
b.
c.
d.
e.
Where RW7.20 (d) applies, the applicant must provide supporting documentation to confirm that: i ii the new sponsoring organisation is an acceptable sponsor; and the visa holder will undertake religious work for the new sponsor.
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SPECIAL CATEGORIES
IN THIS SECTION
S1 Special Categories for certain nationalities ............................. 56-1 S2 Special directions Instructions.............................................. 57-1 S3 Refugee and Protection Category.......................................... 58-1 S4 Special residence Categories ............................................... 59-1
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S1 SPECIAL CATEGORIES FOR CERTAIN NATIONALITIES

S1.1 Pitcairn Islanders
a. b. 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. Pitcairn Islanders must be approved for a resident visa if they: i ii iii apply in the prescribed manner (see R2.35 - R2.45), and meet health and character requirements (see A4 and A5), and have an offer of employment in New Zealand that meets the requirements of SM7.15.
S1.10 Samoan Quota Scheme

See previous instructions: 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 Samoans, including their partners and dependent children, to be granted a resident visa each year. 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 ii iii iv be a Samoan citizen (having been born in Samoa or born overseas to a Samoan citizen who was born in Samoa); and be either in Samoa or lawfully in New Zealand at the time their application for a resident visa is made; and have their registration drawn from the Samoan Quota Scheme pool; and lodge their application for a resident visa under the Samoan Quota Scheme within six months of written advice from INZ that their registration has been drawn from the Samoan Quota Scheme pool; and have been aged between 18 and 45 inclusive at the registration closing date; and 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
v vi
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 b. meet health and character requirements (see A4 and A5). 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). An immigration officer may extend the six month time frame referred to in paragraph (a)(iv) if the officer believes the special circumstances of the applicant justify such an extension.
c.
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d.
The Regional Manager (Pacific/Americas), Visa Services may extend the six month time frame 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. Principal registrants must be aged between 18 and 45 inclusive at the registration closing date for their registration to be accepted into the ballot. 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. Registrations must be submitted during the registration period to the appropriate receiving office specified on the Registration Form for Samoan Quota Scheme. 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. 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. Any registrants included in a registration must either: i ii be in New Zealand lawfully at the time the registration is made; or be offshore at the time the registration is made.
b. c. d. e.
f.
g.
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 resident visa application. S1.10.15 Inclusion in registration of immediate family members of the principal registrant a. b. Where the principal registrant has a partner and/or dependent children all of those people must be included in the registration. 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. 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. Nothing in (b) or (c) above means that a partner or dependent child who was included in the registration but not in the resulting application for a resident visa may not subsequently be granted a residence class visa as a principal applicant under those Family Categories.
c.
d.
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Note: Notwithstanding (b) above, in the event that an applicant includes any partner and/or dependent children in their application who were not included in their registration, officers should not apply the limitation referred to in (b) without first providing the principal applicant an opportunity to explain the non-declaration in accordance with R5.15 Explaining discrepancies in family details. Note: Where a person not eligible at the time of registration is eligible at the time of application for a resident visa, such as a newborn child, they may be included in the resident visa application as long as 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. b. As soon as practicable following the closure of the registration period INZ will conduct an electronic draw. 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. 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 six months after the date of that advice.
c.
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 ii in a job which is permanent, or indefinite, and of which the employer is in a position to meet the terms specified; 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.
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. b. Acceptable offers of employment must also be: i ii iii iv v 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 current at the time of assessing the application and at the time of grant of the visa; and genuine; and 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 accompanied by evidence of professional or technical registration if this is required by law to take up the offer; and 56-3
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vi
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 ~ paying employees no less than the appropriate minimum wage rate ~ meeting holiday and special leave requirements and other minimum statutory criteria ~ meeting occupational safety and health obligations. c. 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. The gross minimum income requirement is $31,202.08. This is based on the Unemployment Benefit (married and civil union rate) plus the maximum Accommodation Supplement (as set by the New Zealand Government). The minimum income requirement must be derived from an acceptable offer of employment - see S1.10.30.
b.
c.
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. In such cases the partner's employment and income will only be taken into account if, at the time the application is assessed, a visa or 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). 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.
b.
c.
S1.10.40 Evidence of employment offer a. Evidence of an offer of employment is original or certified copies of the following documents: i ii iii a written offer of employment; and a detailed job description; and 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 56-4 any information requested by INZ; and
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ii iii
the results of any verification undertaken by INZ; and 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. b. c. read English; and understand and respond to questions in English; and 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 ii iii b. directly with the employer; or through the nearest branch office of INZ to the employer in New Zealand; or by some other appropriate arrangement.
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. b. 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. 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 ii iii iv v vi are Samoan citizens (having been born in Samoa or born overseas to a Samoan citizen who was born in Samoa); and are in New Zealand at the time applications are called for under this category; and are lawfully in New Zealand at the time their application for a resident visa is made; and are aged between 18 and 45 inclusive; and 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 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
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viii meet health and character requirements (see A4 and A5). b. c. d. e. f. Partners and dependent children accepted under the Quota must meet health and character requirements (see A4 and A5). 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) 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. Applicants who meet the criteria specified in (a) to (c) above will be granted a resident visa. 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

See previous instructions: S1.40 Effective 04/04/2011 S1.40 Effective 29/11/2010
S1.40.1 Objective The Pacific Access Category allows up to 250 citizens of Tonga, 75 citizens of Tuvalu, and 75 citizens of Kiribati, (including the partners and dependent children of principal applicants under the Category), to be granted residence class visas in New Zealand each year. S1.40.5 Criteria for a resident visa a. To qualify for a resident visa under the Pacific Access Category, the principal applicant must: i ii iii be a citizen of Tonga, Tuvalu, or Kiribati; and have their Pacific Access Category registration drawn from the relevant Tonga, Tuvalu, or Kiribati pool of the Pacific Access Category; and lodge their application for a resident visa under the Pacific Access Category within six 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 have been aged between 18 and 45 inclusive at the registration closing date; and 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 below); and (if they have dependent children) meet the minimum income requirement set out at S1.40.35 below; and
iv v vi
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 ii c. either in Tonga or lawfully in New Zealand at the time their application under the Pacific Access Category is made; and must have been born in Tonga or born overseas to a Tongan citizen who was born in Tonga.
Principal applicants who are citizens of Kiribati must be:
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i ii d.
either in Kiribati or Fiji or lawfully in New Zealand at the time their application under the Pacific Access Category is made; and must have been born in Kiribati or born overseas to a Kiribati citizen who was born in Kiribati.
Principal applicants who are citizens of Tuvalu must be: i ii either in Tuvalu or Fiji or lawfully in New Zealand at the time their application under the Pacific Access Category is made; and must have been born in Tuvalu or born overseas to a Tuvaluan citizen who was born in Tuvalu.
e. f.
Partners and dependent children included in applications under the Pacific Access Category must also meet health and character requirements (see A4 and A5). An immigration officer may extend the six-month time frame referred to in paragraph (a)(iii) if the officer believes the special circumstances of the applicant justify such an extension. The Regional Manager (Pacific/Americas), Visa Services may extend the six-month time frame 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.
g.
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. Principal registrants must be aged between 18 and 45 inclusive at the registration closing date for their registration to be accepted into the ballot. 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. Registrations must be submitted during the registration period to the appropriate receiving office specified on the Registration Form for Pacific Access Category. 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. A fee is payable for registration. Payment must be made in a manner specified on the Registration Form for Pacific Access Category. 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. Any registrants included in a registration must either: i ii be in New Zealand lawfully at the time the registration is made; or be offshore at the time the registration is made.
b. c. d. e.
f. g.
h.
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.
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S1.40.15 Inclusion in registration of immediate family members of the principal registrant a. b. Where the principal registrant has a partner and/or dependent children all of those people must be included in the registration. 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. 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. Nothing in (b) or (c) above means that a partner or dependent child who was included in the registration but not in the resulting application for a resident visa may not subsequently be granted a residence class visa as a principal applicant under those Family Categories.
c.
d.
Note: Notwithstanding (b) above, in the event that an applicant includes any partner and/or dependent children in their application who were not included in their registration, officers should not apply the limitation referred to in (b) without first providing the principal applicant an opportunity to explain the non-declaration in accordance with R5.15 Explaining discrepancies in family details. Note: Where a person not eligible to be included at the time of registration is eligible at the time of application for a resident visa, such as a newborn child, they may be included in the resident visa application as long as R2.1 is met. 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. b. INZ will conduct an electronic draw as soon as practicable after the closure of the registration period. 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. 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 six months after the date of that advice. 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.
c.
d.
S1.40.30 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:
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i ii
in a job which is permanent, or indefinite, and of which the employer is in a position to meet the terms specified; 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.
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. b. Acceptable offers of employment must also be: i ii iii iv v vi for full-time employment (employment is full-time if it amounts to, on average, at least 30 hours per week) unless S1.40.35.1 (c) applies; and current at the time of assessing the application and at the time of grant the visa; and genuine; and 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 accompanied by evidence of professional or technical registration if this is required by law to take up the offer; and 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 ~ paying employees no less than the appropriate adult or youth minimum wage ~ meeting holiday and special leave requirements and other minimum statutory criteria ~ meeting occupational safety and health obligations. c. If the principal applicant has dependent children, the offer of employment must also meet the minimum income requirement set out at S1.40.35 below.
S1.40.35 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. The gross minimum income requirement is $31,202.08. This is based on the Unemployment Benefit (married and civil union rate) plus the maximum Accommodation Supplement (as set by the New Zealand Government). The minimum income requirement must be derived from the acceptable offer of employment - see S1.40.30.
b.
c.
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. 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). 56-9
b.
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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 ii iii iv a written offer of employment; and a detailed job description; and 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 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 ii iii any information requested by INZ; and the results of any verification undertaken by INZ; and information from the employer or recruitment agency.
S1.40.45 Minimum English language requirement Immigration officers determine whether principal applicants meet the minimum English language requirement by assessing whether they are able to: a. b. c. read English; and understand and respond to questions in English; and 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 ii iii b. directly with the employer; or through the nearest branch office of INZ to the employer in New Zealand; or by some other appropriate arrangement.
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. b. 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. 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
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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 ii iii iv v vi are citizens of the countries that have unfilled places; and are in New Zealand at the time applications are called for under this category; and are lawfully in New Zealand at the time their application for a resident visa is made; and 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 are aged between 18 and 45 inclusive; and 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. c. d. e. f. g. h. i. 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. 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. 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. Partners and dependent children included in applications under the Pacific Access Category must meet health and character requirements (see A4 and A5). 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). 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. Applicants who meet the criteria specified in (a) to (f) above will be granted a resident visa. 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

S1.45.1 Objective 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.
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S1.45.5 Criteria for a resident visa a. To qualify for a resident visa under the Special Samoan Quota Places Category, the principal applicant must: i ii iii iv v vi b. c. d. e. be a Samoan citizen (having been born in Samoa or born overseas to a Samoan citizen who was born in Samoa); and 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 have withdrawn that undecided application after 7 December 2008; and have an acceptable offer of employment or have a partner, included in the application, who has an acceptable offer of employment (see S1.45.10 below); and meet the minimum income requirement (see S1.45.15 below) if they have dependants; and meet a minimum level of English language ability (see S1.45.20 below); and
vii meet health and character requirements (see A4 and A5). Partners and dependent children accepted under this category must meet health and character requirements (see A4 and A5). 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. Applications that are made in the prescribed manner (that meet all mandatory lodgement requirements) will be processed in the order in which they are received. Applications must have been made before or on 31 March 2009.
S1.45.10 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 ii in a job which is permanent, or indefinite, and for which the employer is in a position to meet the terms specified; or for a stated term of at least twelve months with an option for the employee of further terms, and for which the employer is in a position to meet the terms specified.
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. b. Acceptable offers of employment must also be: i ii iii iv v vi 56-12 for full-time employment (employment is full-time if it amounts to, on average, at least 30 hours per week); and current at the time of assessing the application and at the time of the grant of the visa; and genuine; and 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 accompanied by evidence of professional or technical registration if this is required by law to take up the offer; and compliant with all relevant employment law in force in New Zealand.
Residence
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 ~ paying employees no less than the appropriate adult or youth minimum wage ~ meeting holiday and special leave requirements and other minimum statutory criteria ~ meeting occupational safety and health obligations. c. If the principal applicant has dependent children, the offer of employment must also meet the minimum income requirement set out at S1.45.15 below.
S1.45.15 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 any dependants. The gross minimum income requirement for the purposes of this category is $25,585. 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. 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.
b. c. d.
S1.45.20 Minimum English language requirement a. Immigration officers determine whether principal applicants meet the minimum English language requirement by assessing whether they are able to: i ii iii read English; and understand and respond to questions in English; and maintain an English language conversation about themselves, their family or their background.
S1.50 Special PAC Places Category

S1.50.1 Objective 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. S1.50.5 Criteria for a resident visa 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; 56-13
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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 have withdrawn that undecided application after 7 December 2008; and have an acceptable offer of employment or have a partner, included in the application, who has an acceptable offer of employment (see S1.50.10 below); and meet the minimum income requirement (see S1.50.15) if they have dependants; and meet a minimum level of English language ability (see S1.50.20); and
iii iv v vi b. c. d. e. f. g. h. i.
vii meet health and character requirements (see A4 and A5). 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. 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. 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. 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. Partners and dependent children accepted under this category must meet health and character requirements (see A4 and A5). 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. Applications that are made in the prescribed manner (that meet all mandatory lodgement requirements) will be processed in the order in which they are received. Applications must be made before or on 31 March 2009.
S1.50.10 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 ii in a job which is permanent, or indefinite, and for which the employer is in a position to meet the terms specified; or for a stated term of at least twelve months with an option for the employee of further terms, and for which the employer is in a position to meet the terms specified.
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. b. Acceptable offers of employment must also be: i ii iii for full-time employment (employment is full-time if it amounts to, on average, at least 30 hours per week); and current at the time of assessing the application and at the time of the grant of the visa; and genuine; and
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iv v vi
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 accompanied by evidence of professional or technical registration if this is required by law to take up the offer; and 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 ~ paying employees no less than the appropriate adult or youth minimum wage ~ meeting holiday and special leave requirements and other minimum statutory criteria ~ meeting occupational safety and health obligations.
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.
S1.50.15 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 any dependants. The gross minimum income requirement for the purposes of this category is $25,585. 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. 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.
b. c. d.
S1.50.20 Minimum English language requirement a. Immigration officers determine whether principal applicants meet the minimum English language requirement by assessing whether they are able to: i ii iii read English; and understand and respond to questions in English; and maintain an English language conversation about themselves, their family or their background.
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S2 SPECIAL DIRECTIONS INSTRUCTIONS

S2.1 Requests for special directions
See also Immigration Act 2009 ss 17, 378 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. 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. 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. Despite paragraph (b), if INZ receives a request without having made an invitation, it may consider that request. Neither the Minister of Immigration nor INZ is obliged to consider any request for a special direction.
b.
c.
d. e.
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. c. d. 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. Applicants within New Zealand should make requests to a branch of INZ. 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. 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. 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.
e. f.
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.
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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. 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.
b.
S2.10.5 People prohibited under section 15(1)(c)(d)(e) or (f) a. b. The request should be referred to the Resolutions Branch along with supporting comment and a recommendation from the processing officer. 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. b. c. An officer with Schedule 1-2 delegations may make a decision to decline the request. Possible approvals should be referred to the Resolutions Branch, along with supporting comment. 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. b. An officer with Schedule 1-2 delegations may make a decision to decline or approve the request. 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.
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S3 REFUGEE AND PROTECTION CATEGORY

S3.1 Objective
New Zealand's refugee and protection instructions: a. b. reflects the Government's commitment to fulfilling its international humanitarian obligations; and contributes to the global community's efforts to assist refugees and protected people.
S3.5 Categories of refugee and protected persons

a. New Zealand provides assistance to two categories of refugee: i ii Mandate refugees (people determined to be refugees by the United Nations High Commission for Refugees (UNHCR) before arrival in New Zealand); and 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. c.
The Government sets the number of places available for Mandate refugees under the Refugee Quota (currently 750 persons per year). New Zealand also provides assistance to people given protection status 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. b. c. d. Mandate refugees may be granted permanent resident visas on arrival in New Zealand. Immigration officers may, at their discretion, grant permanent resident visas to "Convention" refugees and protected persons (see C5.15.1). All refugee claimants who are recognised as having refugee status may apply for a permanent resident visa on the basis of that recognition. 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 ii they were excluded from being granted refugee status by Article 1F of the Refugee Convention; 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; 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.
iii
e.
Protected persons to whom S3.10.d applies will have their immigration status determined by the Minister of Immigration.
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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
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. Applications may be made at any New Zealand branch of INZ. Appropriately delegated immigration officers should waive by special direction: i ii the application fee for the principal applicant and any partner and/or dependent child(ren) recorded in the refugee or protection status application; and 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 Zealands protection has been established (see C2.5.1); and/or any other mandatory requirement for lodgement except the requirement to complete and submit an Application for Residence in New Zealand form together with two passport photographs of, and medical and X-ray certificates for, each person included in the application.
b. c.
iii
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. 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. 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). If such evidence would be unduly difficult to obtain because: i ii conditions in the relevant country are such that the country's governmental infrastructure is no longer functioning; and/or there are circumstances beyond the control of the applicants which prevent them obtaining the required evidence,
e.
f.
a statutory declaration confirming the duration and nature of the partnership must be submitted. 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.
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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.
S3.20 Requirements for grant of a permanent resident visa

a. To be granted a permanent resident visa, principal applicants must satisfy immigration officers that: i ii iii iv refugee or protection status has been recognised; and they have established their identity and that of any partner and/or dependent child(ren); and 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 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 A4.55 and A5.25.1, has waived them (see also C5.15.5); and 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)
v 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.
S3.25 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). 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. 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).
b.
c.
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 persons application, permanent resident visas may be granted to them.
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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 previous instructions S3.40 Effective 29/11/2010
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.
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S4 SPECIAL RESIDENCE CATEGORIES

S4.5 Residence Category for victims of domestic violence
See previous instructions S4.5 Effective 29/11/2010
S4.5.1 Objective 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 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
ii 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 protect children from mental and physical violence (Article 19 of the United Nations Convention on the Rights of the Child);
ii
S4.5.2 Who is eligible for a resident visa for victims of domestic violence People in New Zealand who: a. b. c. are, or have been, in a partnership (see F2.5b) with a New Zealand citizen or residence class visa holder; and had intended to seek a residence class visa in New Zealand on the basis of that relationship; and 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 are unable to return to their home country because: i ii e. 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 would be at risk of abuse or exclusion from their community because of stigma; and
d.
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:
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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 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 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 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).
b.
c.
d.
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; doctors registered with the New Zealand Medical Council; nurses registered with the Nursing Council of New Zealand; psychologists registered with the New Zealand Psychologists Board; counsellors who are members of the New Zealand Association of Counsellors; and 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). 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.
ii iii iv v vi
c.
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;
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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. b. c. d. confirmation from the New Zealand Police that they are satisfied the domestic violence was perpetrated by someone living at the same address; 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; 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; 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 ii b. 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 would be at risk of abuse or exclusion from their community because of stigma.
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: 59-3
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i ii b.
the application fee; and police certificates, if these are not available from a particular country.
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 ii detail the applicant's attempts to obtain a police certificate; and 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 be corroborated by other information confirming the applicant's character.
iii
S4.5.25 Determination of applications a. b. Applications will be determined by immigration officers who have received specialist training on this category. Applications under this category will be given priority processing.
S4.10 Refugee Family Support Category

S4.10.1 Objective 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 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 Refugee Family Support Category replaces the Refugee Family Quota. S4.10.5 Number of places available under the Refugee Family Support Category a. The number of places available for sponsored persons under the Refugee Family Support Category (including any family members included in their registration) is set at 300 per year. For the purposes of these instructions, a year consists of the 12 month period from 1 July to 30 June.
b.
S4.10.10 How do people qualify for residence under the Refugee Family Support Category? a. A principal applicant and their partner and dependent children qualify for residence under the Refugee Family Support Category if: i ii iii their sponsor's registration is selected from the Refugee Family Support Category tier one queue (see S4.10.30); or their sponsor's registration is drawn from the Refugee Family Support Category tier two ballot (see S4.10.40); and they are not eligible for a residence class visa in New Zealand under any other category of Government residence; and
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iv v
they meet health and character requirements (see A4 and A5); and 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 Refugee Family Support Category tier one queue or drawn from the Refugee Family Support Category tier two ballot.
b.
In each case their sponsor must meet 'eligible sponsor' requirements set out at S4.10.15; and i ii the requirements for tier one sponsors (see S4.10.20(d)); or the requirements for tier two sponsors (see S4.10.20(e)).
S4.10.15 Eligible sponsors under the Refugee Family Support Category a. For the purpose of Refugee Family Support Category, an 'eligible sponsor' is a New Zealand citizen or resident who: i ii was granted a residence class visa in New Zealand on the basis of their status as a refugee or protected person; and has not sponsored any other principal applicant who has obtained a resident visa in New Zealand under the Refugee Family Support Category (or Refugee Family Quota); and is in New Zealand; and is aged 18 years or over.
iii iv 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. b. Registrations from tier one sponsors (see (d) below) will be given first access to available places under the Refugee Family Support Category by entry into the tier one queue. 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 the Refugee Family Support Category is met. If the annual number of places available under the Refugee Family Support Category is not filled by people included in tier one registrations selected from the queue, INZ will, for the purpose of filling remaining places, call for tier two sponsors (see (e) below) for the tier two ballot within a specified period. A tier one sponsor is an 'eligible sponsor' who: i 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 the Refugee Family Support Category; and has no other 'family member' who is eligible for residence in New Zealand under any other category of residence instructions; and either has no 'immediate family' living lawfully and permanently in New Zealand; or is the 'sole carer' of a dependent relative or dependent relatives in New Zealand (see S4.10.55.10).
c.
d.
ii iii iv e.
A tier two sponsor is an 'eligible sponsor' who: i ii has 'immediate family' in New Zealand; and wants to sponsor their parent, adult sibling, adult child, or grandparent (if that grandparent is the sponsor's legal guardian, see S4.10.55.15), and that person's 59-5
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partner and dependent children for residence under the Refugee Family Support Category; and iii iv v has no other 'family member' who is eligible for residence in New Zealand under any other category residence instructions; and is a New Zealand citizen or the holder of a current residence class visa that is not subject to conditions under section 49(1) of the Immigration Act 2009; and 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 Refugee Family Support Category Sponsor is lodged; and 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.
vi
Note: For the purposes of these instructions 'immediate family' means a sponsor's partner, parent, or child (excluding any child who is dependent 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(d) 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 Refugee Family Support Category tier one queue. Registrations must be made on the Registration Form for Refugee Family Support Category Sponsor, available on the INZ website (www.immigration.govt.nz) or from onshore branches of INZ. Registrations must be submitted by mail to the address specified on the Registration Form for Refugee Family Support Category Sponsor. A fee is payable for registration. Subject to the provisions of S4.10.50, registrations from sponsors who meet the tier one sponsorship requirements set out at S4.10.20(d) above may be entered into the Refugee Family Support Category 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.
b.
c. d. e.
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. 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. Tier one sponsors with registrations entered into the tier one queue must notify INZ of any change in their circumstances while they are in the queue. Sponsors whose registrations have been selected from the tier one queue will be notified by INZ that their registration has been successful and must advise the potential applicants whom they are sponsoring to lodge a full application under the Refugee Family Support Category to the appropriate receiving office of INZ. Such applications must be made within
b.
c. d.
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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(e) 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 S4.10.55.15), and that person's partner and dependent children for residence under the Refugee Family Support Category tier two ballot. The Refugee Family Support Category tier two ballot registration period will be announced by INZ prior to the registration period 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 must be made on the Registration Form for Refugee Family (www.immigration.govt.nz) or from onshore branches of INZ. Registrations must be submitted during the registration period by mail to the address specified on the Registration Form for Refugee Family Support Category Sponsor. Registrations will be considered to meet the deadline if the envelope containing the registration is post-marked no later than the last day of the registration period. A fee is payable for registration. Subject to the provisions of S4.10.50, registrations that are received by INZ before 5.00pm on the last day of the registration period from sponsors who meet the tier two sponsorship requirements set out at S4.10.20(e) above may be entered into the Refugee Family Support Category tier two ballot, if the form is fully completed, signed by the sponsor, and accompanied by any documents or evidence as required by the registration form.
b.
c. d. e. f. g.
S4.10.40 Selection process for tier two sponsors a. b. As soon as practicable after the closure of the tier two registration period, INZ will conduct an electronic draw. Registrations will be randomly drawn from the tier two pool of registrations, until the appropriate number of potential applicants to meet the number of available places within the annual period has been met. Sponsors whose registration is not drawn within a particular annual period may register again within subsequent tier two registration periods at a reduced fee. Sponsors whose registrations have been drawn from the tier two pool will be notified by INZ that their registration has been successful and must advise the potential applicants whom they are sponsoring to lodge a full application under the Refugee Family Support Category 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.
c. d.
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.
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b.
If a registration is selected or drawn, only the partner and/or dependent children included in the registration may be included in the resulting application for a resident visa under the Refugee Family Support Category. This limitation applies despite R2.1 concerning the inclusion of family members in an application. 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. Nothing in (b) or (c) above means that a partner or dependent child who was included in the registration but not in the resulting application for a resident visa may not subsequently be granted residence class visa as a principal applicant under those Family Categories.
c.
d.
Note: Notwithstanding (b) above, in the event that an applicant includes any partner and/or dependent children in their application who were not included in their registration, officers should not apply the limitation referred to in (b) without first providing the principal applicant an opportunity to explain the non-declaration in accordance with R5.15 Explaining discrepancies in family details. Note: Where a person not eligible to be included at the time of registration is eligible at the time of the application for a resident visa, such as a newborn child, they may be included in the resident visa application as long as R2.1 is met. S4.10.50 Number of registrations that may be submitted a. Sponsors must have only one registration in the tier one queue or tier two ballot 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 registration forms will not be accepted. Each potential applicant can be included in only one registration in the tier one queue or tier two ballot at any time. If a potential applicant is included in two or more registrations, the second and subsequent registration forms will not be accepted. A registration under the Refugee Family Support Category 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 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)iii).
b.
c.
ii
d.
A registration under the Refugee Family Support Category 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 the Refugee Family Support Category. ~ 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.
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S4.10.55 Definitions S4.10.55.1 Definition of 'refugee' For the purpose of Refugee Family Support Category, 'refugee' means a person who was granted a residence class visa in New Zealand under residence instructions by virtue of being either: a. b. a Mandate or "Quota" refugee (people determined to be refugees by the United Nations High Commissioner for Refugees (UNHCR)) before arrival in New Zealand); or 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 Refugee Family Support Category, 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 Zealands obligations under the: a. b. 1984 Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment; or 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 Refugee Family Support Category, '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 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 evidence from Work and Income that the dependent relative or relatives are on an invalid's benefit; and/or 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).
ii iii iv
S4.10.55.20 Definition of 'grandparent' as a legal guardian [for tier two sponsorship purposes]
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For tier two sponsorship purposes, a sponsor's grandparent will be considered as the sponsor's legal guardian if: a. b. both the sponsor's parents died before the sponsor attained the age of 20 years; and 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 documents may also be relevant. 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 Registration Form for Refugee Family Support Category Sponsor (INZ 1094) that the details they have provided of the person(s) being sponsored is true and correct as being sufficient evidence of identity. Other evidence of identity may also be sought by INZ during the registration process.
b.
S4.10.60.5 Evidence of immigration status of sponsors a. b. When lodging a registration under the Refugee Family Support Category, sponsors must provide evidence of their immigration status as follows: Evidence that sponsors are New Zealand citizens may include but is not limited to original or certified copies of: i ii iii c. a valid New Zealand passport; or a Certificate of New Zealand Citizenship; or a recent official statement of citizenship from the Department of Internal Affairs.
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. b. c. 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. Other evidence of time spent in New Zealand may also be provided by a sponsor or sought by INZ. When lodging a registration under the Refugee Family Support Category tier two ballot, 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 the Refugee Family Support Category, principal applicants must provide all available evidence of their relationship to their sponsor.
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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 original or certified copies of: 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; 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 ii specify another type of evidence to be submitted, such as a statutory declaration; and/or 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 have the requirements waived by an appropriately delegated immigration officer if, due to the circumstances of the applicant(s), this is considered appropriate.
iii
S4.10.65 Verification of family details Immigration officers may refer to former applications lodged by applicants, family members of applicants or sponsors, 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). S4.10.70 Undertakings of sponsors A sponsor must undertake: a. b. to ensure that adequate accommodation in New Zealand is and continues to be available for their relatives; and to provide accommodation during the first 24 months of their relatives' residence in New Zealand if necessary.
S4.15 Residence Category for victims of people trafficking

S4.15.1 Objective 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 recognise New Zealand's international obligations, particularly to:
b.
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i ii
offer protection and assistance to victims of people trafficking who are likely to be suffering the effects of trauma and abuse; and 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 ii iii iv v b. hold a special temporary visa for victims of people trafficking (see WI16, U10.5 and V3.135); and have certification from the New Zealand Police (the Police) that they are believed to be a victim of people trafficking; and 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 are unable to return to their home country (see S4.15.10 below); and meet health and character requirements (see A4 and A5).
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 ii iii b. endangered; or at risk of being re-victimised; or at risk of suffering significant social stigma and financial hardship
as a consequence of being trafficked. INZ may refer to any relevant information when determining an applicants 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 ii b. the application fee; and the requirement to provide police certificates, if these are not available from a particular country.
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.
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b. c.
Applications under this category will be given priority processing. 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.
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RA Applications For Residence Class Visas .......................................................................... 1-1

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R2.5 Who may not be included in an application

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R2.25 Date an application is made

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R2.30 Receipt of applications

R2.35 How an application must be lodged

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R2.55 How to submit documents

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