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Residence by cuiliqing

VIEWS: 96 PAGES: 352

									Immigration New Zealand Operational Manual
Residence

Issue Date: 30 July 2012
CONTENTS

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

R Residence Instructions                                                                                           1-1
    R1 Objective.................................................................................................... 2-1
    R2 Lodging an application ............................................................................... 3-1
    R3 Generic Adoptions ...................................................................................... 4-1
    R4 Sponsorship for residence class visas ........................................................ 5-1
    R5 Determining an Application ........................................................................ 6-1
    R6 New Zealand Residence Programme .......................................................... 7-1
    R7 Confirming or transferring a residence class visa....................................... 8-1
    R8 Special Cases ............................................................................................. 9-1

Business                                                                                                           9-1
    BA Business Immigration Instructions .......................................................... 10-1
    BC Long Term Business Category .................................................................. 11-1
    BE Employees of Relocating Businesses Category ......................................... 12-1
    BF English language requirements ................................................................ 13-1
    BH Entrepreneur Category ............................................................................ 14-1
    BJ Migrant Investment Categories ................................................................ 15-1
    BL Entrepreneur Plus Category ..................................................................... 16-1

Family Categories                                                                                               16-1
    F1 Objective .................................................................................................. 17-1
    F2 Partnership Category................................................................................ 18-1
    F3 Parent Retirement Category ..................................................................... 19-1
    F4 Parent Category ....................................................................................... 20-1
    F4 Parent Category (to 16/05/2012) ............................................................ 21-1
    F5 Dependent 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


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    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

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



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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     travel to New Zealand in accordance with the conditions of the visa relating to travel;
           and
     ii    apply for entry permission (whether before or after travelling to New Zealand); and

b.   If the holder of a resident visa is granted entry permission they are entitled, in accordance
     with the conditions of the visa (if any), to:

     i     to stay in New Zealand indefinitely; and
     ii    to work in New Zealand or in the exclusive economic zone of New Zealand; and
     iii   to study in New Zealand.

Note: See R5.66 for instructions on the travel conditions to be granted with a resident visa and
RV3 for instructions on varying travel conditions after a resident visa has been granted.

                                                                             Effective 29/11/2010

RA1.5 Currency and nature of a permanent resident visa
See also Immigration Act 2009 s 73
The holder of a permanent resident visa is entitled to:

a.   travel to New Zealand at any time; and

b.   be granted entry permission; and

c.   to stay in New Zealand indefinitely; and

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

e.   to study in New Zealand.
                                                                             Effective 29/11/2010

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

RA2.1 New Zealand citizens
See also Immigration Act 2009 s 13
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.
                                                                             Effective 29/11/2010

RA2.5 People waived from having to obtain a residence class visa to travel to
New Zealand
See also Immigration (Visa, Entry Permission, and Related Matters) Regulations 2010,
Schedule 2
The following people are waived from having to obtain a residence class visa to travel to New
Zealand:

a.    citizens of the Commonwealth of Australia; and

b.    people who hold a current permanent residence visa (including a resident return visa)
      issued by the Government of Australia; and

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

      Note: People in these categories are not eligible to travel to New Zealand without a visa, or
      to be granted a visa to enter and stay in New Zealand if they fall under sections 15 or 16 of
      the Immigration Act 2009. They must have a special direction authorising them to apply for
      and be granted a residence class visa to travel to, enter and stay in New Zealand (see S2).
                                                                             Effective 29/11/2010

RA3 Who needs a residence class visa
See also Immigration Act 2009 s 14

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

A person who is outside New Zealand who wishes to travel to New Zealand and stay
indefinitely must hold (or be deemed to hold) a residence class visa unless they are:

a.    a New Zealand citizen; or

b.    a person who is exempt from having to obtain a residence class visa to travel to New
      Zealand (RA2.5); or
                                                                             Effective 29/11/2010

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.
                                                                             Effective 29/11/2010

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:



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a.   held a returning resident’s visa issued under the Immigration Act 1987 (RA4.1 and
     RA4.5); or

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

c.   were considered to hold a residence permit under the Immigration Act 1987 (see
     RA4.10.1); or

d.   were exempt under the Immigration Regulations 1999 from the need to hold a residence
     permit in New Zealand (RA4.10); or

e.   held New Zealand citizenship and renounced or were deprived of their citizenship
     (RA4.10).
                                                                            Effective 29/11/2010

RA4.1 Who is deemed to hold a permanent resident visa
See also Immigration Act 2009 ss 415, 75, Schedule 5
A person who holds a returning resident’s visa of indefinite duration issued under the
Immigration Act 1987 is deemed to hold a permanent resident visa.
                                                                            Effective 29/11/2010

RA4.5 Who is deemed to hold a resident visa with travel conditions
See also Immigration Act 2009 ss 415, 75, Schedule 5
a.   A person who holds a residence visa granted under the Immigration Act 1987 is deemed to
     hold a resident visa allowing:

     i    travel to New Zealand for a single journey within the period or until the date specified
          in the residence visa; and
     ii   stay indefinitely in New Zealand if the holder is granted entry permission.

b.   A person who holds a returning resident’s visa of limited duration granted under the
     Immigration Act 1987 is deemed to hold a resident visa allowing travel to New Zealand for
     an unlimited number of journeys within the period or until the date specified in the
     returning resident’s visa.

c.   If a person is deemed to be the holder of a resident visa because they hold a residence
     visa or returning resident’s visa granted under the Immigration Act 1987, and that
     residence visa or returning resident’s visa specifies requirements to be imposed under
     Section 18A of that Act upon grant of permit, their resident visa is subject to conditions
     equivalent to those requirements.
                                                                            Effective 29/11/2010

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

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

     i    held a residence permit granted under the Immigration Act 1987 and did not hold a
          returning resident’s visa; or
     ii   were considered to hold a residence permit under the Immigration Act 1987 (see
          RA4.10.1); or




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      iii   were exempt under the Immigration Regulations 1999 from the need to hold a
            residence permit in New Zealand; or
      iv    held New Zealand citizenship and renounced or were deprived of their citizenship.

b.    A person who holds or is deemed to hold a resident visa may continue to stay in New
      Zealand indefinitely, however if they wish to leave New Zealand and return as a resident
      they must have a resident visa with valid travel conditions in their travel document (RV3).

c.    If a person is deemed to be the holder of a resident visa because they held a residence
      permit granted under the Immigration Act 1987, and that residence permit was subject to
      requirements imposed under Section 18A of that Act, their resident visa is deemed to be
      subject to conditions equivalent to those requirements.


RA4.10.1 People considered to have held a residence permit under the Immigration
Act 1987
See also Immigration Act 1987 s 44, Immigration Act 2009 s 415
Even though a person in New Zealand was not the holder of a permit granted under the
Immigration Act 1987, they are deemed to hold a resident visa if they:

a.    arrived in New Zealand lawfully to take up permanent residence at any time before 2 April
      1974 other than under a permit granted under the Immigration Act 1964 or any
      corresponding earlier Act; and

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

      i     Cook Islands, Niue or Tokelau; or
      ii    Australia, if during any such period they were a Commonwealth citizen or citizen of the
            Republic of Ireland and were able to live in either New Zealand or Australia without
            restriction; and

c.    were in New Zealand immediately before the commencement of the Immigration Act 1987
      (ie, were in New Zealand at midnight on 31 October 1987); and

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

      Note: If a person who meets these requirements requests confirmation of their residence
      status, an immigration officer must endorse their passport with a residence class visa (see
      R7).
                                                                              Effective 29/11/2010

RA5 Who may not apply for a residence class visa
See also Immigration Act 2009, ss 71, 11
a.    Under section 71(4) of the Immigration Act 2009, no limited visa holder, interim visa
      holder, transit visa holder or person who is liable for deportation (including people who are
      unlawfully in New Zealand) may apply for a residence class visa.

b.    However, the Minister of Immigration or appropriately delegated immigration officer, in his
      or her absolute discretion may grant a residence class visa to a person to whom (a) above
      applies. In such cases:

      i     the Minister or appropriate immigration officer is not obliged to consider a purported
            application from such a person; and


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     ii    whether the purported application is considered or not, the Minister or immigration
           officer is not obliged to give reasons for any decision on it, other than that section 11
           applies; and
     iii   section 23 of the Official Information Act 1982 and section 27 of the Immigration Act
           2009 (concerning the right of access to reasons for decisions) do not apply.

c.   In some cases a person may only apply for a residence class visa if they have earlier been
     invited to apply for residence by an immigration officer. An invitation to apply for
     residence is sought through the completion and lodgement of an Expression of Interest.
     Invitation to apply applies to all applications for residence under the Skilled Migrant
     Category and Investor 2 Category of residence instructions.
                                                                              Effective 29/11/2010

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.
                                                                              Effective 29/11/2010

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).
                                                                              Effective 29/11/2010

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 two-
year period following completion of the NZAP student's scholarship, unless they have written
approval from the Ministry of Foreign Affairs and Trade (see U11).
                                                                              Effective 07/02/2011

RA7 Special directions
See also Immigration Act 2009 ss 11, 378
a.   In special circumstances, the Minister (or delegate) may give any immigration officer a
     special direction in relation to any person, visa or document, or any 2 or more persons,
     visas or documents where by reason of any specific event, occurrence or unusual
     circumstance there is a common link between those persons, visas, or documents.

b.   As the decision to give a special direction is a matter of absolute discretion, no person has
     the right to apply for a special direction, and if they do so:

     i     the Minister or appropriate immigration officer is not obliged to consider a purported
           application for a special direction; and



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      ii    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
      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.
                                                                               Effective 29/11/2010

RA8 Resident visas with conditions
See also Immigration Act 2009 ss 49, 55, 50
a.    An immigration officer may impose conditions under sections 49 or 55 of the Immigration
      Act 2009 on a resident visa as specified in residence instructions at the time the
      application for the visa was made.

b.    Regardless of whether or not any conditions are imposed under sections 49 or 55, under
      section 50 the Minister or appropriately delegated immigration officer may

      i     impose conditions in addition to those specified in the applicable residence instructions
            (if any);
      ii    vary or waive conditions that would otherwise apply to a visa of that type;
      iii   impose, by special direction or by agreement of the visa holder, further conditions
            following the grant of a resident visa;
      iv    vary or cancel, by special direction or by agreement of the visa holder, any conditions
            that would otherwise apply.
                                                                               Effective 29/11/2010

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 (Côte d'Ivoire) Regulations 2005 reg 13;
United Nations Sanctions (Democratic People's Republic of Korea) Regulations 2006 reg 17;
United Nations Sanctions (Iran) Regulations 2010 reg 25; United Nations Sanctions (Lebanon)
Regulations 2008 reg 17; United Nations Sanctions (Democratic Republic of the Congo)
Regulations 2004 reg 12D; United Nations Sanctions (Sudan) Regulations 2004 reg 13D;
United Nations Sanctions (Somalia) Regulations 1992 reg 10F, United Nations Sanctions
(Eritrea) 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     designated individuals from Sierra Leone
      ii    designated individuals from Liberia
      iii   designated individuals from Côte d'Ivoire
      iv    designated individuals, and their immediate family members, from the Democratic
            People's Republic of Korea (DPRK)
      v     designated individuals and specified entities from Al-Qaida and Taliban
      vi    designated individuals from Iran


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     vii designated individuals from Lebanon
     viii designated individuals from the Democratic Republic of Congo (DRC)
     ix   designated individuals from Sudan
     x    designated individuals from Somalia
     xi   designated individuals from Eritrea
     xii designated individuals from Libya.

b.   Immigration officers must contact the Ministry of Foreign Affairs and Trade (MFAT) when
     processing any immigration application from a person to whom (a) above applies.

c.   A visa may only be granted to a designated individual or specified entity on the advice of
     the Secretary of Foreign Affairs and Trade.

Note: For the purposes of these instructions, a designated individual and a specified entity is
someone who is named on a list of such persons held by INZ and updated from time to time.

                                                                           Effective 30/04/2011




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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.
                                                                                              Effective 29/11/2010

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




6.
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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.

b.   This objective is achieved through selecting a broad mix of migrants on the basis of either
     their skills and experience or their family links to New Zealand.
                                                                           Effective 29/11/2010




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R2 LODGING AN APPLICATION
R2.1 Who may be included in an application

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

See also Immigration (Visa, Entry Permission, and Related Matters) Regulations 2010, Reg 20
a.   Each principal applicant (see R2.1.1 below) must make a separate application.

b.   The following people may be included in a residence class visa application, regardless of
     whether they are living in the same country as the principal applicant:

     i     The partner of a principal applicant (see R2.1.10 below); and
     ii    The biological or adopted (see R3) dependent children of the principal applicant and/or
           partner (if the partner is included in the application) (see R2.1.30 below).

R2.1.1 Definition of 'principal applicant'

a.   The principal applicant is the person who is declared to be the principal applicant on the
     residence class visa application form.

b.   When the application is assessed, the principal applicant will be the person first assessed
     against the criteria in residence instructions, unless the instructions indicate otherwise.


R2.1.5 Definition of 'applicant'

An applicant is a person included in an application for a residence class visa and includes the
principal applicant and secondary applicants (if any). All persons included in an application will
be individually assessed against the criteria for the grant of residence in the residence
instructions that apply to them.

R2.1.10 Definition of 'partner'

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

     i     is legally married to the principal applicant; or
     ii    is in a civil union partnership (whether opposite or same sex) with the principal
           applicant; or
     iii   is in a de facto relationship (whether opposite or same sex) with the principal
           applicant.

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

c.   A partner who does not meet the criteria in (a) above may not be included in a principal
     applicant’s application and must apply for residence as a principal applicant in their own
     right.

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

a.   For a 'partner' included in an application to be granted a residence class visa an
     immigration officer must be satisfied that they meet 'partnership' instructions which are:

     i     that the principal applicant and partner are living together in a genuine and stable
           partnership (see F2.10.1); and

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      ii    that the couple have been living together in such a relationship for 12 months or more
            at the time the application is assessed; and
      iii   that the partnership meets the minimum requirements for the recognition of
            partnerships set out at F2.15 in that:
             the couple were both aged 18 years or older at the time the application for residence
              class visa was made, or if aged 16 or 17 years old have the support of their
              parent(s) or guardian(s); and
             the couple have met prior to the application being made; and
             they are not close relatives (see F2.15(d)).
b.    When assessing if the duration of the partnership requirement in a. ii above is met
      immigration officers may include any period immediately prior to any marriage where they
      are satisfied the couple was living together in an interdependent partnership akin to a
      marriage.


R2.1.15.1 What happens if an immigration officer is not satisfied that a couple are
living together in a partnership that is genuine and stable?

If an immigration officer is not satisfied the principal applicant and partner included in the
application are living together in a partnership that is genuine and stable, then:

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

b.    if the principal applicant is reliant on:

      i     the attributes of their partner included in the application; or
      ii    the family relationship of their partner included in the application
       those attributes or relationships will not be taken into account when determining eligibility
       of the principal applicant under residence instructions.

      Examples:
      ~ Under the Skilled Migrant Category (see SM10.10(c)) a principal applicant's partner's
      skilled employment in New Zealand will not qualify for points.
      ~ Under the Sibling and Adult Child Category instructions (see F6.1(c)) where a principal
      applicant and partner included in the application have combined income as evidence of
      meeting the required minimum income requirement only the principal applicant's income
      may be taken into account when determining the total family income per year.

R2.1.15.5 What happens if the partnership is considered to be genuine and stable but
is less than the 12 months required?

a.    If an immigration officer is satisfied the principal applicant and partner included in the
      application are living together in a partnership that is genuine and stable, but the duration
      of that partnership is less than the 12 months required, then:

      i     in any case where the grant of a residence class visa to a principal applicant is reliant
            on the relationship with or attributes of their partner the application must be declined
            under residence instructions; or
      ii    in any case where the grant of a residence class visa to a principal applicant is not
            reliant on the relationship with or attributes of their partner the immigration officer
            may proceed with processing the principal applicant for the residence class visa but
            defer the final decision on the partner to enable the qualifying period to be met.

b.    If a partner's application for a residence class visa has been deferred as described in (a)(ii)
      above they may be granted a work visa (once an application has been made) for a period

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     sufficient to enable the qualifying period to be met and any further assessment of their
     residence class visa application to be completed (see WF2.20).


R2.1.20 Evidence of relationship with partner

Principal applicants must provide:

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

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

     Note: In each case where a person relies on being the partner of a principal applicant for
     the purposes of inclusion in an application (and subsequent grant of a residence class visa),
     the onus of proving that the person included is the partner of the principal applicant, that
     their partnership is genuine and stable, and of the required duration lies with the principal
     applicant and their partner (see F2.5(c)).

R2.1.25 Polygamous marriages and relationships

As an exception to the exclusivity requirement which forms part of the definition of a genuine
and stable partnership (see F2.10) principal applicants in polygamous marriages or
relationships (i.e. marriages or relationships with more than one partner) may have only one
partner included in their application for a residence class visa.


R2.1.27 When may dependent children be included in an application and be granted a
residence class visa?

For a 'dependent child' to be included in an application to be granted a residence class visa, an
immigration officer must be satisfied that they are a dependent child.


R2.1.30 Definition of 'dependent child'
See also Immigration (Visa, Entry Permission, and Related Matters) Regulations 2010, Regs, 4,
20
For the purpose of inclusion in an application, and despite the definition in section 4 of the
Immigration Act 2009, a child is dependent if they:

a.   are:

     i     aged 21 to 24, with no child(ren) of their own; and
     ii    single; and
     iii   totally or substantially reliant on the principal applicant and/or the principal applicant's
           partner for financial support, whether living with them or not; or

b.   are:

     i     aged 18 to 20, with no child(ren) of their own; and
     ii    single; or

c.   are:

     i     aged 17 or younger; and
     ii    single; and



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      iii   totally or substantially reliant on the principal applicant and/or the principal applicant's
            partner for financial support, whether living with them or not.

d.    When determining whether a child of 21 to 24 years of age is totally or substantially
      reliant on the principal applicant and/or the principal applicant's partner for financial
      support immigration officers must consider the whole application, taking into account all
      relevant factors including:
      •     whether the child is in paid employment, whether this is full time or part time, and its
            duration;
      •     whether the child has any other independent means of financial support;
      •     whether the child is living with its parents or another family member, and the extent
            to which other support is provided;
      •     whether the child is studying, and whether this is full time or part time.

R2.1.35 Evidence of dependence

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

b.    Children aged 18 to 20 years of age are presumed to be dependent if they are single and
      have no child(ren) of their own.

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

R2.1.40 Evidence of relationship with dependent children

The principal applicant must provide one of the following documents as evidence of the
relationship of the principal applicant and/or partner included in the application with any
dependent child included in the application:

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

b.    original adoption papers showing that the child has been legally adopted by the principal
      applicant or partner; or

c.    in the case of a child adopted by custom, a declaration by the adoptive parent(s) separate
      from, and in addition to, any similar declaration made on an application form (see R3.5.1).


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

a.    If the parents of a child aged under 16 included in an application for a residence class visa
      are separated or divorced, the applicant parent must have the right to remove the child
      from the country in which rights of custody or visitation have been granted; or if no such
      rights have been granted, from the country of residence.

b.    Such children cannot be included in an application unless the applicant parent produces
      satisfactory evidence of their right to remove the child from the country in which the rights
      of custody or visitation have been granted or if no such rights have been granted, from the
      country of residence.

c.    Except where (d) applies, evidence of the right to remove the child from the country in
      which rights of custody or visitation have been granted must include original or certified
      copies of:



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     i     legal documents showing that the applicant has custody of the child and the sole right
           to determine the place of residence of the child, without rights of visitation by the
           other parent, or
     ii    a court order permitting the applicant to remove the child from its country of
           residence; or
     iii   legal documents showing that the applicant has custody of the child and a signed
           statement from the other parent, witnessed in accordance with local practice or law,
           agreeing to allow the child to live in New Zealand if the application is approved.

d.   Where an immigration officer is satisfied that:

     i     by virtue of local law, the applicant parent has the statutory right to custody of the
           child; and
     ii    it is not possible or required under that local law to obtain individualised legal
           documents to verify that custodial right, the child may be included in the application.

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

a.   If one of the parents of a child aged under 16 is not included in the application for a
     residence class visa, the applicant parent must have the right to remove the child from its
     country of residence.

b.   Such children cannot be included in an application unless the applicant parent produces
     satisfactory evidence of their right to remove the child from its country of residence.

c.   Except where (e) applies, evidence of the right to remove the child from its country of
     residence in cases where one parent is not included in the application for a residence class
     visa, but the parents are not separated or divorced, must include original or certified
     copies of:

     i     a written statement confirmed by both parents at interview; or
     ii    a court order permitting the applicant to remove the child from its country of
           residence.

d.   If, because of the death of one of the parents of a child aged under 16, only one parent is
     included in the application, the death certificate of the other parent must be provided.

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

     i     by virtue of local law, the applicant parent has the statutory right to custody of the
           child; and
     ii    it is not possible or required under that local law to obtain individualised legal
           documents to verify that custodial right.

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

a.   Any dependent child who is reliant on inclusion in an application solely by virtue of being
     the dependent child of the principal applicant's partner included in an application (i.e. they
     are not a child of the principal applicant) may not be granted a residence class visa unless
     their parent partner is granted a residence class visa.

b.   If their parent partner is granted a work visa as provided for in R2.1.15.5 (b) above then
     they may also be granted a temporary visa of a type appropriate to their needs (once an
     application has been made) for the same period.


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      Example: a dependent child intending to attend school in New Zealand must apply for a
      student visa.
                                                                              Effective 30/07/2012

R2.5 Who may not be included in an application
See also Immigration (Visa, Entry Permission, and Related Matters) Regulations 2010, Reg 20
The following people may not be included in an application:

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

b.    any child aged 24 and under who is not a dependent child.
                                                                              Effective 29/11/2010

R2.10 Where to lodge an application

a.    Applications should be lodged at the INZ branch or MFAT post responsible for receiving
      applications from the geographical area or country in which the principal applicant
      currently lives. A list of current Receiving Offices is contained in Appendix 2.

b.    If an application is lodged at an office other than the appropriate one, the application may
      be referred to the appropriate office.
                                                                              Effective 29/11/2010

R2.15 Processing of applications

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

b.    INZ determines at which office an application is processed. This means that an application
      may be processed at an office other than the office where it is lodged.
                                                                              Effective 29/11/2010

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'.

                                                                              Effective 29/11/2010

R2.25 Date an application is made
See also Immigration Act 2009 s 57
a.    An application is made on the date that it is lodged only if, on that date, it is lodged in the
      prescribed manner.

b.    Immigration officers determine whether applications are lodged in the prescribed manner
      by assessing whether all mandatory requirements (see R2.40) for lodgement have been
      met.

c.    If an immigration officer determines that an application is not lodged in the prescribed
      manner and requests further documents (see R2.50), the application is made on the date

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     that INZ receives the last of any outstanding documents necessary to meet the prescribed
     manner for lodgement.

Note: If an application is processed using AMS, the date the application is made is referred to
in AMS as the date 'accepted'.

                                                                                    Effective 29/11/2010

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.
                                                                                    Effective 29/11/2010

R2.35 How an application must be lodged

a.   Applications must be lodged in the prescribed manner.

b.   The prescribed manner is the manner laid down for residence class visa applications in the
     Immigration (Visa, Entry Permission, and Related Matters) Regulations 2010, which set
     out the mandatory requirements for lodging an application.
                                                                                    Effective 29/11/2010

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

See previous instructions:
R2.40 Effective 04/04/2011
R2.40 Effective 29/11/2010

See also Immigration (Visa, Entry Permission, and Related Matters) Regulations 2010, Reg 5
Unless RV1.10.10 applies, an application for a residence class visa made outside an
immigration control area must be:

a.   made on an approved form; and

b.   completed in English; and

c.   signed by the applicant (unless the applicant is less than 18 years old, in which case it
     must be signed by a parent or guardian of the applicant); and

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

     i     the applicant's passport or certificate of identity, or if this is unavailable, his or her
           original full birth certificate (or a certified copy) or other identity document (or a
           certified copy); and
     ii    two passport-sized photographs of the applicant’s head and shoulders; and
     iii   an original or certified copy of the applicant's full birth certificate or, if this is
           unobtainable, an original or certified copy of an identity card; and
     iv    the appropriate fee (if any); and
     v     any information and evidence required by the relevant immigration instructions that
           shows that the principal applicant fits the category or categories of residence
           instructions under which the application is being made; and


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      vi    a completed Medical Certificate for the applicant that is less than three months old,
            unless A4.20(d) applies; and
      vii a completed Chest X-ray Certificate for the applicant that is less than three months old
          (except for pregnant women and children under the age of 11), unless A4.20(d)
          applies;
      viii a police or similar certificate, less than 6 months old, indicating the applicant's record
           of convictions or lack of convictions for their country of citizenship and for each
           country in which they have lived for 12 months or more during the past 10 years
           (except for applicants under 17 and except where the authorities of any such country
           will not generally provide certificates), unless A5.10(d)(iii) applies; and
      ix    any other information, evidence and submissions that the principal applicant considers
            show fully that they are eligible to be granted a residence class visa in terms of the
            applicable residence instructions.

R2.40.1 Mandatory requirements for lodging an application for a resident visa at an
immigration control area
See also Immigration (Visa, Entry Permission, and Related Matters) Regulations 2010, Regs 7,
8
a.    An application for a resident visa can be made at an immigration control area by:

      i     an Australian citizen;
      ii    a holder of Australian permanent residence visas (including a resident return visa)
      iii   a person who previously held a resident visa.

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

      i     be made on an approved form; and
      ii    relate to only one person; and
      iii   be completed in English; and
      iv    be signed by the applicant, unless the applicant is less than 18 years old, in which
            case it must be signed by a parent or guardian (if the applicant is accompanied by a
            parent or guardian), or it is not required to be signed (if the applicant is not
            accompanied by a parent or guardian).
      v     be given to an immigration officer together with the applicant’s passport or certificate
            of identity.

R2.40.5 Definition of 'current'

'Current' means, in relation to any document provided in support of an application or
Expression of Interest, to meet:

a.    mandatory requirements for lodgement of an application; or

b.    other evidential requirements of residence instructions,

that, at any relevant stage during the life of an application or an Expression of Interest (e.g. at
the time an application or Expression of Interest is lodged, during assessment of the
application or Expression of Interest and at the date of final decision on an application), that
document is not expired.




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R2.40.10 Authority to waive mandatory requirements

Immigration officers may only waive those mandatory requirements for which they have
delegated authority to make a special direction.

R2.40.15 Requests for applications to be lodged otherwise than on an approved form
See also Immigration (Visa, Entry Permission, and Related Matters) Regulations 2010, Regs
21, 22
a.   The Immigration (Visa, Entry Permission, and Related Matters) Regulations 2010 allow for
     applications to be made otherwise than on the approved form. The purpose of these
     provisions is to allow for applications for visas to be processed rapidly, where the decision
     to grant or refuse a visa is straightforward and in an immigration officer’s view any
     verification requirements are minor in nature.

b.   Because of the complex nature of residence class visa applications and the high level of
     verification required, requests to lodge residence class visa applications otherwise than on
     the approved form will normally be refused.


R2.40.20 Evidence of identity

a.   Mandatory requirements (see R2.40 above) relating to proof of identity require
     applications to include full birth certificates for every applicant, which usually state:

     i     the applicant's name; and
     ii    their date of birth; and
     iii   their place of birth; and
     iv    the names and occupations of their parents.

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

c.   A full birth certificate is considered to be obtainable even if there is a possible delay or
     expense in obtaining it.
                                                                              Effective 30/07/2012

R2.44 Additional requirements for an immigration adviser acting on behalf of
an applicant
See also Immigration Advisers Licensing Act 2007 s 9
No immigration application or request put forward on behalf of another person from an
unlicensed immigration adviser may be accepted, unless the immigration adviser is exempt
from the requirement to be licensed under the Immigration Advisers Licensing Act 2007.


R2.44.1 Persons exempt from licensing
See also Immigration Advisers Licensing Act 2007 s 11
The following persons are exempt from the requirement to be licensed under the Immigration
Advisers Licensing Act 2007:

a.   a person who provides immigration advice in an informal or family context only, where the
     advice is not provided systematically or for a fee;

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

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c.   a foreign diplomat or consular staff accorded protection as such under the Diplomatic
     Privileges and Immunities Act 1968 or the Consular Privileges and Immunities Act 1971;

d.   an employee of the New Zealand public service who provides immigration advice within
     the scope of their employment agreement;

e.   a lawyer who holds a current practising certificate as a barrister or as a barrister and
     solicitor of the High Court of New Zealand;

f.   a person employed by or working as a volunteer for a New Zealand community law centre
     where at least one lawyer is on the employing body of the community law centre or is
     employed by or working as a volunteer for the community law centre in a supervisory
     capacity;

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

h.   a person who provides immigration advice offshore in relation to applications or potential
     applications for temporary entry class visas with conditions authorising study in New
     Zealand only.
                                                                            Effective 29/11/2010

R2.45 Additional requirements
See also Immigration (Visa, Entry Permission, and Related Matters) Regulations 2010, regs 5,
7, 8
Before determining the application, an immigration officer processing an application may
require the applicant:

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

b.   to produce any other photographs, documents, evidence, and information the officer
     thinks necessary to help in determining the application; and/or

c.   to undergo a further medical examination (unless the applicant previously held a resident
     visa and is applying for a resident visa at an immigration control area).
                                                                            Effective 29/11/2010

R2.46 DNA testing for verifying claimed relationships

a.   DNA testing provides the most reliable evidence of whether or not a claimed biological
     relationship exists. In certain cases, DNA test evidence will be the only evidence available
     to satisfy an immigration officer of a claimed relationship because documentary and other
     evidence of the relationship does not exist or is unreliable.

b.   In situations where documentation does not exist or is unreliable, an immigration officer
     may raise the possibility of undertaking DNA testing with the applicant.

c.   DNA testing is voluntary for applicants and sponsors. If an applicant or sponsor, having
     been advised of the possibility of DNA testing, decides not to undertake such testing, no
     adverse inference may be drawn from this decision, and such a decision of itself will not be
     a reason to decline an application.

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


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

f.   Only DNA tests carried out by an INZ-approved laboratory in accordance with standard
     procedures will be accepted as evidence of claimed relationships under these instructions.

g.   Usually an applicant/sponsor will be expected to pay the costs of the DNA testing used to
     support the claims in their residence class visa application. On a case by case basis, INZ
     may consider paying for the DNA test costs.

h.   Where the applicant/sponsor has accepted an INZ invitation to undertake DNA testing to
     prove a relationship between an applicant and a sponsor who has obtained residence in
     New Zealand under the Refugee Quota, the costs of that test will be met by INZ.

i.   All DNA testing carried out under these instructions is done so in accordance with the
     Information Privacy Principles of the Privacy Act 1993.
                                                                             Effective 29/11/2010

R2.50 Applications not lodged in the prescribed manner

a.   An application must be returned if it is submitted by an unlicensed immigration adviser
     (see R2.44) unless they are exempt from licensing.

b.   Except where the provisions of paragraph (a) above apply, INZ may, at its discretion, hold
     applications that are not lodged in the prescribed manner (see R2.35 and R2.40) for a
     specified period of time until any outstanding requirements have been met; but INZ does
     not consider such applications to have been made.

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

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

     i     hold the papers; and
     ii    notify the principal applicant or agent that the application has not been lodged in the
           prescribed manner but is being held for a limited time to enable the principal applicant
           or agent to meet the outstanding mandatory requirements; and
     iii   notify the principal applicant or agent of the documents required for the application to
           meet the mandatory requirements (see R2.40) for lodging an application.

e.   Where (b) or (d) apply, principal applicants will be given a specified time to complete the
     outstanding requirements, and if they do not do so, the application may be returned to the
     principal applicant or agent.




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f.   When an application is not lodged in the prescribed manner and the provisions of
     paragraphs (b) or (d) above do not apply, the application must be returned to the principal
     applicant or agent.
                                                                                Effective 29/11/2010

R2.55 How to submit documents

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


a.   All documents submitted in support of an application for a residence class visa must be
     originals, or certified copies.

b.   Certified copies must be stamped or endorsed as being true copies of the originals by a
     person authorised by law to take statutory declarations in the applicant's country or in
     New Zealand.

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

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


R2.55.1 Translations

a.   Any documents not in English must be accompanied by an English translation containing
     the information normally found in an equivalent New Zealand document, or sufficient
     information to show that the applicant has met the criteria set out in instructions.

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

c.   Translations must:

     i     not be prepared by an applicant, any member of their family or an immigration adviser
           assisting with the application; and
     ii    be accompanied by the original documents or certified copies; and
     iii   be certified as a correct translation made by a person familiar with both languages and
           competent in translation work; and
     iv    bear the stamp or signature of the translator or translation business; and
     v     if applicable, be on the official letterhead of the translation business.

d.   Officers may:

     i     request a translation of the complete document where the translation is of a selected
           part(s) of the document; and
     ii    request a translation by a different (specified) translation service where they are not
           satisfied by the initial translation.




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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.

                                                                              Effective 04/04/2011

R2.60 Payment of the fee
See also Immigration (Visa, Entry Permission, and Related Matters) Regulations 2010
a.   Principal applicants must pay the fee specified for that type of application at the time the
     application is lodged, unless:

     i    the fee is waived by an officer with schedule 1-3 delegations, who has the authority to
          grant a special direction under section 395 (2) of the Immigration Act 2009; or
     ii   the principal applicant is a citizen of a country with which New Zealand has a fee
          waiver agreement covering visas (see Immigration (Visa, Entry Permission, and
          Related Matters) Regulations 2010).

b.   A receiving office is an INZ office or MFAT post designated for receiving applications from
     particular countries (see Appendix 2).

c.   The fee payable for an application is determined by the receiving office designated for
     receiving applications from the principal applicant's country of citizenship.

d.   If a principal applicant is resident in a country other than their country of citizenship, they
     may lodge their application at the office designated for receiving applications from the
     country in which they are residing, but the fee payable will be the fee for the office
     designated to receive applications from their country of citizenship.

e.   If the principal applicant is in New Zealand and lodges an application in New Zealand, the
     fee payable for the application is the fee payable for applications lodged in New Zealand,
     regardless of the principal applicant's citizenship.

f.   Fees may be paid or by bank cheque, as well as by money order (from registered banks),
     credit card or EFTPOS (Electronic Funds Transfer Point of Sale), if these forms of payment
     are acceptable to the INZ branch office or MFAT office at which an application is lodged.

g.   With the exception of the following offshore INZ branches, Beijing, Dubai, Jakarta,
     Moscow, and Shanghai, cash is not an acceptable form of payment.

h.   Bank cheques for applications lodged at INZ offices in New Zealand should be made out to
     ‘Immigration New Zealand’.
                                                                              Effective 29/11/2010

R2.65 Lodging an Expression of Interest
See also Immigration (Visa, Entry Permission, and Related Matters) Regulations 2010, reg 9
a.   In some cases a person may only apply for a residence class visa if they have earlier been
     invited to apply for residence by an immigration officer. An invitation to apply for
     residence is sought through the completion and lodgement of an Expression of Interest.

b.   The prescribed manner for completing and submitting an Expression of Interest is that the
     person expressing interest submits to an immigration officer:

     i    the completed Expression of Interest form; and
     ii   the appropriate fee (if any).



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     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.
                                                                          Effective 29/11/2010




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R3 GENERIC ADOPTIONS
R3.1 Definition of 'adoption'

'Adoption' means:

a.   a legal adoption; or

b.   an adoption by custom which has occurred at an early age within an extended family.
                                                                              Effective 29/11/2010

R3.5 Implications of adoptive relationships

a.   People who have been legally adopted, or who have been adopted by custom are regarded
     as members of the family into which they have been adopted, if an immigration officer is
     satisfied that a legal or customary adoption has taken place.

b.   If an immigration officer is satisfied that a legal or customary adoption has taken place,
     the person who has been adopted will not be regarded as a member of their biological
     family under residence instructions for the purposes of:

     i     inclusion in an application for a residence class visa made by their biological family;
           and
     ii    sponsorship of members of their biological family for a residence class visa in New
           Zealand; and
     iii   sponsorship by members of their biological family for a residence class visa in New
           Zealand; and
     iv    determining eligibility for a residence class visa under one of the Family Categories.

R3.5.1 Evidence of adoption

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

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

     i     that the person has been adopted by them; and
     ii    the date of the adoption; and
     iii   the country in which the adoption took place.

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

d.   Immigration officers should consult applications lodged by any other family members to
     confirm whether a customary adoption has been declared. Immigration officers should
     take such declarations into account when determining whether an adoption by custom has
     taken place. However, if there are discrepancies between declarations on application
     forms, immigration officers should not automatically assume that the adoption has not
     taken place but should refer to R5.15 ('Explaining discrepancies in family details').

e.   Under the Dependent Child Category (see F5), if a person has been legally adopted by a
     person who is a New Zealand citizen or residence class visa holder evidence that an
     overseas adoption has the same effect as a New Zealand adoption under section 17 of the
     Adoption Act 1955 must also be provided (see F5.10.25).
                                                                              Effective 29/11/2010


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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.   improve settlement outcomes for the applicant; and

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

c.   protect the Crown from the potential cost of the applicant seeking government assistance.
                                                                               Effective 29/11/2010

R4.5 Acceptable sponsors
See also Immigration Act 2009, s 48
a.   In order to sponsor an applicant for a residence class visa, a sponsor must be

     i     deemed acceptable by the Minister of Immigration or an immigration officer; and
     ii    meet the relevant eligibility criteria for acceptable sponsors set out in this chapter;
           and
     iii   meet any further criteria imposed by the specific residence category the applicant is
           applying under.

b.   It is a matter for the absolute discretion of the Minister of Immigration or an immigration
     officer whether a person is acceptable as a sponsor.

c.   A sponsor may be a natural person, an organisation or a government agency. A specific
     residence category may specify restrictions regarding the types of entity that may sponsor
     under that category.

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

     i     must be a New Zealand citizen or the holder of a current residence class visa that is
           not subject to conditions under section 49(1)(a) or section 50 of the Immigration Act
           2009; and
     ii    must have been a New Zealand citizen and/or the holder of a New Zealand residence
           class visa (or a residence permit or returning resident’s visa under the Immigration
           Act 1987) for at least three years immediately preceding the date the application they
           wish to sponsor is made; and
     iii   must be ordinarily resident in New Zealand and for each of the three 12 month
           portions within the three years immediately preceding the date the application they
           wish to sponsor is made, have spent a total of 184 days or more in New Zealand; and
     iv    must not sponsor for the purpose of receiving a financial reward or fee; and
     v     must not have been convicted at any time of an offence under immigration law; and
     vi    must not have an outstanding debt to the Crown or other third parties as a result of
           another sponsorship arrangement; and
     vii must not sponsor a person if they have previously breached sponsorship obligations;
         and
     viii must not have entered insolvency procedures or be adjudicated bankrupt; and
     ix    must not be liable for deportation; and



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      x     must not be serving a custodial sentence or be awaiting sentencing after being
            convicted of a crime which carries a custodial sentence.

e.    If the sponsor is an organisation it:

      i     must be registered in New Zealand as a company, incorporated society or charitable
            trust; and
      ii    must identify a clear link between the organisation’s activities and the purpose for
            which the applicant is coming to New Zealand; and
      iii   must not sponsor for the purpose of receiving a financial reward or fee; and
      iv    must not have been convicted of an offence under immigration law, and must not have
            any listed directors, trustees, or management, who have been convicted of an offence
            under immigration law; and
      v     must not have an outstanding debt to the Crown or other third parties as a result of
            another sponsorship arrangement; and
      vi    must not sponsor a person if they have previously breached sponsorship obligations;
            and
      vii must not be in receivership or liquidation.

      Note: Sponsoring an employee for the purpose of employment that is expected to result in
      a profit being made for the sponsor is not considered to be ‘financial reward’.

f.    If the sponsor is an a government agency, it must be a government department under the
      State Sector Act 1988, or a Crown entity as defined in section 7(1) of the Crown Entities
      Act 2004.

      Note: for the purpose of sponsorship requirements, a Crown entity as defined in section
      7(1) of the Crown Entities Act 2004 includes Crown agents, autonomous Crown entities and
      independent Crown entities, Crown entity companies, Crown entity subsidiaries, school
      boards of trustees, and tertiary institutions.

g.    If a sponsor is not a natural person they must nominate an individual as the authorised
      contact for the purposes of sponsorship.

h.    If a sponsor does not meet the crtieria to be an acceptable sponsor, the reasons for this
      decision must be put to the applicant to allow the sponsor to respond.
                                                                              Effective 29/11/2010

R4.10 Sponsorship undertakings
See also Immigration Act 2009, s 48
a.    Sponsorship creates a responsibility for the sponsor to ensure the sponsored person has
      accommodation, maintenance while in New Zealand, and outward travel.

b.    The undertakings for which a sponsor is responsible, and in relation to which a debt is
      recoverable from the sponsor, are:

      i     accommodation, meaning suitable accommodation for the sponsored person in New
            Zealand, where the sponsored person does not have the means for their own
            accommodation; and
      ii    maintenance, meaning the reasonable costs of essential provisions needed for the
            sponsored person’s health and welfare in New Zealand, where they do not have the



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           means for these. This may include but is not limited to food, clothing and medical
           treatment where required; and
     iii   repatriation, meaning any costs associated with the sponsored person leaving New
           Zealand at the end of the sponsorship period if the person:
            does not have the means for their own repatriation (or refuses to pay for it); or
            is liable for deportation.
     iv    deportation, meaning any costs that are incurred during the sponsorship period in
           relation to the sponsored person’s deportation, which could include the costs of
           locating, detaining and maintaining the person, and their travel costs in being
           deported.

c.   A visa holder themselves may have the means to fund their own maintenance,
     accommodation, and outward travel. However, if they do not, or refuse to, the sponsor is
     required to either provide these themselves directly or pay for the cost of providing them.
                                                                             Effective 29/11/2010

R4.15 Breach of sponsorship undertakings
See also Immigration Act 2009 ss 55, 159
a.   Where sponsorship is required by the immigration instructions for a resident visa
     application, it is an ongoing condition of the visa granted to the sponsored person.

b.   If costs are incurred by the Crown or a third party because any part of the maintenance,
     accommodation or outward travel needs of a sponsored person were not met, the sponsor
     is considered to have breached their sponsorship undertaking.

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

     i     the visa holder is deemed to have breached the conditions of their visa and will
           therefore become liable for deportation; and
     ii    these costs are considered to be a debt owed by the sponsor, and the sponsor is liable
           to be pursued by the Crown or the third party to recover this debt.

d.   A sponsor’s liability for any debt incurred to the crown or a third party as a result of a
     breach of their sponsorship undertakings remains:

     i     after the end of the sponsorship period, until the debt is recovered; and
     ii    regardless of the subsequent status of the sponsored person in New Zealand or the
           departure of the sponsored person from New Zealand.
                                                                             Effective 29/11/2010

R4.20 Duration of sponsorship period

a.   The responsibility of the sponsor to meet their undertakings remains in place from the
     date the sponsored person arrives in New Zealand, or if they are already onshore, from
     the date the visa with sponsorship conditions is granted, until the earliest of:

     i     the date the person sponsored is granted a new visa with a new sponsor or no
           sponsorship requirement; or
     ii    the date at the end of the duration stipulated in the category under which the person
           received their visa; or




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      iii   the date the sponsored person is deported from New Zealand.
                                                                               Effective 29/11/2010

R4.25 Evidence of sponsorship

a.    Sponsors must provide the completed sponsorship form required by the category of
      residence instructions the application is being made under.

b.    Sponsors must provide evidence that they are an acceptable sponsor and have the
      financial means to meet all sponsorship undertakings.

c.    An Immigration Officer may request additional evidence that a sponsor is an acceptable
      sponsor and is able to meet their sponsorship undertakings.

d.    If a sponsor is an organisation, they must provide evidence that they are registered in
      New Zealand as a company, incorporated society or charitable trust.


R4.25.1 Evidence for sponsors who are natural persons

a.    Evidence that sponsors are New Zealand citizens may include, but is not limited to,
      original or certified copies of:
      •     New Zealand passport; or
      •     a New Zealand birth certificate issued prior to 1 January 2006; or
      •     a New Zealand birth certificate issued on or after 1 January 2006 that positively
            indicates New Zealand citizenship; or
      •     a certificate of New Zealand citizenship; or
      •     a confirmation of New Zealand citizenship by descent certificate issued under the
            Citizenship Act 1977; or
      •     an evidentiary certificate issued under the Citizenship Act 1977 confirming New
            Zealand citizenship; or
      •     an endorsement in a foreign passport indicating the fact of New Zealand citizenship.
b.    Evidence that sponsors are residence class visa holders may include but is not limited to
      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 sponsor’s current or previous passports; or
      •     any other evidence of time spent in New Zealand provided by a sponsor or sought by
            INZ.

Note: Periods during which a residence class visa holder has been in New Zealand are
calculated inclusive of both arrival and departure dates.

                                                                               Effective 29/11/2010




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R5 DETERMINING AN APPLICATION
R5.1 Applications determined by INZ officers
See also Immigration Act 2009 s 72
a.   Immigration officers must determine applications for residence class visas in accordance
     with:

     i    the requirements of the Immigration Act 2009; and
     ii   residence instructions applying at the time the application is made.

b.   Any discretion officers exercise must be in terms of the applicable residence instructions.
                                                                            Effective 29/11/2010

R5.5 Evidential requirements
See also Immigration (Visa, Entry Permission, and Related Matters) Regulations 2010, reg 5
a.   Immigration officers must be satisfied that the information an applicant submits complies
     with the evidential requirements set out in residence instructions.

b.   Even if an applicant meets the specific evidential requirements, an immigration officer may
     still decide that additional evidence is necessary.

c.   Immigration officers should use their discretion to decide what is sufficient evidence for
     rules and criteria that have no specific evidential requirements.
                                                                            Effective 29/11/2010

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.
                                                                            Effective 29/11/2010

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.
                                                                            Effective 29/11/2010

R5.15 Explaining discrepancies in family details

a.   Under the principles of fairness and natural justice, applicants must be given an
     opportunity to explain any discrepancies in the details of their immediate family, if those
     discrepancies are materially relevant to the application.

b.   Applicants, or other relevant parties, may be required to provide the explanation in writing
     and/or at an interview, and if given at interview the explanation must be recorded in
     writing.

c.   If applicants or other relevant parties are required to provide the explanation in writing,
     they must be given a reasonable time in which to do so and must know what it is they are
     expected to explain.


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d.    If, as the result of an explanation, the immigration officer is satisfied that the details
      provided by the applicant are correct, or that the applicant has genuinely misunderstood
      the requirements, the officer should continue to assess the application.


R5.15.1 False or misleading information

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

      i     supplied incorrect information; or
      ii    failed to declare relevant family members in a deliberate attempt to mislead,
      the officer should consider declining the application under the character provisions of the
      Administration chapter (A5).

b.    If the application is declined on character grounds, the officer should continue to assess
      the application and, if the application fails to meet other applicable residence instructions
      requirements, also decline the application on those grounds.
                                                                                  Effective 29/11/2010

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

No residence class visa may be granted in contravention of the Prostitution Reform Act 2003.
That act provides that:

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

      i     Have provided, or intend to provide, commercial sexual services; or
      ii    Have provided, or intend to act as an operator of a business of prostitution; or
      iii   Have invested, or intends to invest, in a business of prostitution.

b.    If the holder of a resident visa is subject to any conditions under section 49(1) of the
      Immigration Act 2009, the condition is considered not to be met (for the purposes of the
      holder becoming liable for deportation) if the visa holder acts as an operator of, or invests
      in, a New Zealand business of prostitution.
                                                                                  Effective 29/11/2010

R5.20 Assessment of applications under nominated category

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

b.    Officers are not obliged to seek further information to determine whether the principal
      applicant may be eligible under another category.

c.    However, officers should request further information to enable the application to be
      assessed under another category if:

      i     an application does not meet the criteria for approval under the category in which it
            was made; and
      ii    information contained in the application form or accompanying documents clearly
            indicates that the principal applicant may be eligible under that other category.




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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
See also Immigration Act 2009 ss 93, 158
a.   Further information may be submitted at any time before a final decision is made on an
     application. Immigration officers must take into account any relevant information
     submitted by applicants before a final decision is made.

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

c.   If applicants do not respond within the specified time to a request from an immigration
     officer for further information, evidence or documents, or an interview, the application
     may be assessed on the relevant information then available to INZ, unless it is reasonable
     to enquire further.

d.   Applicants must inform an immigration officer of any relevant fact, including any material
     change in circumstances that occurs after the application is made, if that fact or change in
     circumstances:

     i    may affect the decision on the application; or
     ii   may affect a decision to grant entry permission to the holder of a visa.

e.   Every person expressing an interest in obtaining an invitation to apply for a residence class
     visa under section 92 of the Immigration Act 2009 must inform an immigration officer of
     any relevant fact, including any change in circumstances that occurs after the expression
     of interest is notified, if that fact or change in circumstances:

     i    may affect the decision to issue an invitation to apply for a residence class visa; or
     ii   may affect a decision to grant a residence class visa as a consequence of the invitation
          to apply.

f.   A change in circumstances may relate to the applicant or another person included in the
     application, and may relate to any matter relevant to the applicable instructions.

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

     i    amounts to 'concealment of information' for the purposes of section 158 of the
          Immigration Act; and
     ii   may lead to the holder of any visa granted being made liable for deportation.

h.   It is sufficient grounds for the Minister of Immigration or an immigration officer to decline
     to grant a visa to a person if the Minister or officer is satisfied that the person:

     i    whether personally or through an agent, in expressing their interest in obtaining an
          invitation to apply for a residence class visa submitted false or misleading information,
          or withheld relevant information that was potentially prejudicial to the issue of the
          invitation; or
     ii   did not ensure that an immigration officer was informed of any material change in
          circumstances between the time of expressing interest and the time of the person's
          application for the relevant visa; or




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      iii   whether personally or through an agent, in applying for the visa submitted false or
            misleading information or withheld relevant information that was potentially
            prejudicial to granting the visa; or
      iv    did not ensure that an immigration officer was informed of any material change in
            circumstances between the time of making the application and the time of a decision
            on the application.

R5.20.5 Potentially prejudicial information

In accordance with the principles of fairness and natural justice set out in the Administration
chapter (A1), applicants for a residence class visa will be given the opportunity to comment
before a decision is made to decline to grant a visa on the basis of any potentially prejudicial
information that they are not necessarily aware of.


R5.20.10 Documenting decisions

All immigration officers must observe the following procedures to ensure that decisions on
applications for a residence class visa are properly documented:

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

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

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

d.    if an applicant does not meet the criteria set out in the instructions on several grounds,
      the letter declining their application must state why the applicant fails on each count.
                                                                              Effective 29/11/2010

R5.25 Reclaiming airfares and expenses

a.    If a person included in a residence class visa application has been previously removed or
      deported or repatriated from New Zealand, no visa may be granted to anyone included in
      the application until all expenses incurred by INZ in deporting or repatriating them are
      repaid.

b.    Any approval in principle letter (see R5.45) must contain the requirement that all costs be
      repaid and also show the amount to be repaid.
                                                                              Effective 29/11/2010

R5.30 Approving an application

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

a.    the applicant has provided all evidence required by the applicable residence instructions,
      and any additional evidence requested by the immigration officer; and

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




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R5.30.1 Approving an application for a resident visa made at an immigration control
area by holders of current Australian permanent residence visas, current Australian
resident return visas or valid Australian passports

a.   People who hold current Australian permanent residence visas, current Australian resident
     return visas or valid Australian passports may be granted resident visas on arrival in New
     Zealand, provided they have not been excluded under sections 15 or 16 of the
     Immigration Act 2009 (see A5.20)

b.   If sections 15 or 16 apply, a resident visa may be granted only in accordance with a
     special direction made under section 17 (see RA8).

Note: A resident visa granted to an Australian passport holder will be an electronic record held
by INZ. If an Australian passport holder requires evidence of their resident status in New
Zealand, they may apply for a confirmation of a residence class visa (R7).

                                                                              Effective 29/11/2010

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

An applicant for a residence class visa in New Zealand under one of the Family Categories
must not be approved under those instructions if their application is based on their relationship
to a New Zealand permanent resident, resident or citizen who originally obtained a residence
class visa as the partner or dependent child(ren) of the applicant or the applicant's partner.
                                                                              Effective 29/11/2010

R5.45 Approval in principle

a.   An application for a residence class visa is approved in principle at such time as an
     immigration officer is satisfied that all evidential and verification requirements necessary
     to demonstrate eligibility under the relevant instructions have been met with the exception
     of the payment of any ESOL tuition fee.

b.   The date of approval in principle is the date of the letter to the principal applicant or their
     agent advising that approval in principle has been given.

c.   If evidence that requirements have been met has not been submitted, or a fee or charge
     has not been paid within the period specified in the original letter advising of approval in
     principle, the application must be declined unless an immigration officer is satisfied that
     circumstances warrant extending that period.




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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.
                                                                             Effective 29/11/2010

R5.50 Lapsing an application

R5.50.1 Lapsing an application on the grounds that the applicant has failed to
provide their travel document to INZ

a.    Unless paragraph (b) applies, an application will be considered to be lapsed, and must be
      declined, if a principal applicant has not provided their travel document to INZ for the
      grant of a residence class visa within 6 months from the date of advice that the application
      has met the requirements for approval.

b.    Immigration officers must consider any relevant circumstances in deciding whether or not
      to lapse and then decline an application, including but not limited to:

      i     the death of a family member,
      ii    illness,
      iii   loss or theft of documentation,
      and they may, if appropriate, extend the 6-month period referred to in paragraph (a)
      above.

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


R5.50.5 Lapsing an application on the grounds that the applicant has failed to
deposit a migrant levy with INZ

a.    Unless paragraph (b) applies, an application will be considered to be lapsed, and must be
      declined, if a principal applicant has not deposited any applicable migrant levy (R5.90)
      with INZ within 6 months from the date of advice that the application has met the
      requirements for approval.

b.    Immigration officers must consider any relevant circumstances in deciding whether or not
      to lapse and then decline an application, including but not limited to:

      i     the death of a family member,
      ii    illness,
      iii   unexpected financial hardship,
      and they may, if appropriate, extend the 6-month period referred to in paragraph (a)
      above.




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c.    Any application lapsed under this provision will not result in the refund of the application
      fee.
                                                                                                                                                Effective 29/11/2010

R5.55 Declining an application

See previous instructions R5.55 Effective 29/11/2010


Where an application is being declined because:

a.    it does not meet residence instructions or is lapsed under the provisions at R5.50, refer to
      R5.55.1 and R5.55.5.

b.    person included in the application is a person to whom sections 15 or 16 applies, refer to
      R5.55.15.

R5.55.1 Declining an application where it does not meet residence instructions or is
lapsed under the provisions at R5.50

a.    Applications that do not meet residence instructions and applications that are considered
      to be lapsed under the provisions at R5.50 must be declined.

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

      i       of the reasons why the application has been declined (giving the points total, if
              appropriate), and
      ii      of their right to appeal to the Immigration and Protection Tribunal and how they
              should lodge the appeal.

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

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



c.    Immigration officers must record the date that any letter advising that the application has
      been declined is posted.


R5.55.5 Right of Appeal to the Immigration and Protection Tribunal
See also Immigration Act 2009 s 187
a.    Appeals must be lodged within 42 days after the date that an applicant is deemed to have
      received a letter advising that an application for a residence class visa has been declined.

b.    Appeals must be lodged on the form Immigration and Protection Tribunal - Residence
      Class Visa Appeal (Form 1) which contains information on:

      i       how to lodge an appeal,
      ii      the required fee,
      iii     how the time limit for lodging an appeal is calculated.

Note: There is no right of appeal to the Immigration and Protection Tribunal for applicants who
have been declined on the basis that sections 15 or 16 apply to them (see R5.55.15).




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

a.    Pursuant to A5.20, any application including a person to whom sections 15 or 16 of the
      Immigration Act 2009 apply, must be declined unless covered by one of the exceptions
      identified at A5.20(a).

b.    If an application is declined, immigration officers must notify the principal applicant in
      writing, informing the principal applicant that the application has been declined as a
      person included in the application is prohibited by statute from entitlement or eligibility for
      the grant of a residence class visa by virtue of sections 15 or 16.

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

c.    Immigration officers must record the date that any letter advising that the application has
      been declined, is posted.

     Note: An applicant to whom sections 15 or 16 apply who is included in an application
     declined on this basis has no right of appeal to the Immigration and Protection Tribunal, but
     other applicants included in that application to whom sections 15 or 16 do not apply, may
     appeal.
                                                                              Effective 07/11/2011

R5.60 Date of final decision

a.    The date of final decision on an application that is declined is the date when the letter
      advising that the application has been declined, is posted.

b.    The date of final decision on an application that is approved is the date of grant of the
      residence class visa.
                                                                              Effective 29/11/2010

R5.65 Approved applications for residence class visas

a.    Unless otherwise stated, an approved application for a residence class visa will result in
      the grant of a resident visa.

b.    The travel conditions to be granted on a resident visa are set out at R5.66.

c.    A permanent resident visa may be granted as a result of an approved application for a:

      i     permanent resident visa, by a resident visa holder who meets the requirements set
            out in RV2;
      ii    residence class visa under Partnership Category, by a person who meets the
            requirements set out F2.5.1;
      iii   residence class visa under the Talent (Accredited Employer) Category, by a person
            who meets the requirements set out at RW2.1;
      iv    residence class visa by a quota refugee, asylum seeker or protected person (S3.10)




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R5.65.1 Resident visas subject to conditions
See also Immigration Act 2009 ss 49, 50, 55
a.   When a principal applicant is granted a resident visa subject to conditions, the resident
     visas of any accompanying partner and dependent child will be subject to the condition
     that "the principal applicant comply with the conditions of the principal applicant's visa".

b.   For applications based on partnership, or dependent child relationships, any applicant who
     is supported by a person whose resident visa is subject to conditions at the time the
     sponsorship was undertaken or support was given, will be granted a resident visa subject
     to the condition that "[name of supporter] comply with the requirements of [his or her]
     visa".
                                                                                Effective 29/11/2010

R5.66 Travel conditions on resident visas

See previous instructions R5.66 Effective 29/11/2010


a.   Unless a resident visa is granted at an immigration control area, all resident visas may be
     granted with travel conditions allowing:

     i    first arrival by a certain date, if the applicant is offshore (unless the resident visa is a
          second or subsequent resident visa granted under RV4); and
     ii   multiple entries current either for a set period from date of the initial grant of entry
          permission based on the resident visa, or until a certain date.

b.   The currency of these travel conditions are determined by the residence category under
     which the resident visa has been granted.


R5.66.1 Travel conditions allowing first entry for applicants overseas when the
resident visa is granted

a.   If an applicant is offshore at the time their application for a resident visa is granted, the
     following travel conditions must be granted to allow their first entry to New Zealand as a
     resident:

     i    first entry within one year after the grant of the visa, unless the resident visa was
          granted under the Samoan Quota Scheme (see S1.10.55), or the Pacific Access
          Category (see S1.40.55); or
     ii   first entry within three months after the grant of the visa, if the resident visa was
          granted under the Samoan Quota Scheme (see S1.10.55), or the Pacific Access
          Category (see S1.40.55).

b.   No variation to travel conditions pertaining to first entry may be granted.

c.   People with resident visas who fail to travel to New Zealand within the validity of their first
     travel condition must submit a further application for a residence class visa if they still
     wish to live in New Zealand.




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     Note:
     ~ In the case of applicants who wish to re-apply for a residence class visa under categories
     which require selection from a ballot (e.g. Samoan Quota, Pacific Access Category) such
     applicants must re-register for a ballot and submit a new application for a residence class
     visa if they are successful in such a ballot.
     ~ Applicants who wish to re-apply for a residence class visa under categories which require
     an invitation to apply following selection from a pool (e.g. Skilled Migrant Category) must
     submit a new Expression of Interest and subsequently be invited to apply for residence.

d.   Any new residence class visa application must be lodged in the prescribed manner and will
     be assessed against residence instructions applying at the time the new application is
     made.

e.   Visas will be granted only if the applicant's travel document is current for the proposed
     currency of the initial travel conditions.


R5.66.5 Travel conditions allowing multiple entries from the first day in New Zealand
as a resident

a.   A resident visa may be granted with travel conditions allowing multiple entries for two
     years from the applicant’s first day in New Zealand as a resident, unless the visa is
     granted under the Parent Category (F4). Visas granted under the Parent Category may be
     granted multiple entry travel conditions for five years from the applicant’s first day in New
     Zealand as a resident (see F4.50).

b.   A person’s first day in New Zealand as a resident is either:

     i    the day their resident visa is granted in New Zealand; or
     ii   the day they are first granted entry permission on the basis of their resident visa, if
          they were outside of New Zealand when their resident visa was granted.

c.   If a resident visa holder fails to travel to New Zealand within the validity of their first entry
     travel condition, their multiple entry travel conditions never become valid.

d.   If the holder of a resident visa wishes to travel to New Zealand outside of the validity of
     their multiple entry travel conditions and they do not qualify for a permanent resident visa
     (see RV2), they may apply for a variation of their travel conditions (RV3).


R5.66.10 Former New Zealand citizens deemed to hold a resident visa
See also Immigration Act 2009 s 75
a.   Former New Zealand citizens who have renounced their New Zealand citizenship and are
     deemed to hold a resident visa under section 75 may be granted multiple entry travel
     conditions for two years from the date they renounced their citizenship.

b.   Former New Zealand citizens who have been deprived of their New Zealand citizenship are
     deemed to hold a resident visa under section 75 may be granted multiple entry travel
     conditions for the duration they would be eligible for if they applied for a variation of travel
     conditions (RV3).
                                                                               Effective 30/07/2012




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R5.70 Newborn children of residence class visa holders

See previous instructions R5.70 Effective 29/11/2010


a.   Children born outside New Zealand to applicants who hold residence class visas but have
     not yet travelled to New Zealand on those visas, may be included in their parents'
     application, provided that the child's name is added to the application form and the
     following documents are submitted:

     i     a full birth certificate; and
     ii    2 passport-sized photographs; and
     iii   a completed General Medical Certificate (INZ 1007); and
     iv    an acceptable travel document.

b.   Newborn children added to applications after residence class visas are granted to the rest
     of the family (with the exception of those applicants described at R5.90(a)), are subject to
     Migrant Levy instructions (see R5.90).
                                                                            Effective 30/07/2012

R5.75 Status of people applying for a residence class visa while in New
Zealand
See also Immigration Act 2009 s 14
The fact that a person has applied for a residence class visa while in New Zealand does not:

a.   make that person's presence in New Zealand lawful; or

b.   give that person the right to remain in New Zealand while the application is considered; or

c.   give that person the right to apply for or be granted any other visa while the application is
     considered; or

d.   prevent that person being deported from New Zealand.
                                                                            Effective 29/11/2010

R5.80 Referring residence decisions to the Minister
See also Immigration Act 2009 s 72
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).




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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.

                                                                               Effective 29/11/2010

R5.90 Migrant Levy

See previous instructions R5.90 Effective 29/11/2010

See also Immigration (Visa, Entry Permission, and Related Matters) Regulations 2010, regs 26,
27 and 28
a.   Under residence instructions, all successful principal applicants and accompanying family
     members outside of an immigration control area must pay a migrant levy unless exempt.
     People are exempt from paying the migrant levy if a visa is granted:

     i     to a person who has already paid the migrant levy;
     ii    to a refugee or protected person, or on the basis of the person’s relationship with a
           refugee or protected person; or
     iii   under the Samoan Quota Scheme or Special Samoan Quota Places Category, or to
           citizens of Samoa under the one of the Family Categories; or
     iv    under the special instructions for Victims of Domestic Violence; or
     v     under the Skilled Migrant Category if they have previously paid the migrant levy as a
           consequence of a decision made under the work to residence instructions (Skilled
           Migrant Category); or
     vi    under the special instructions for Victims of People Trafficking.

b.   The migrant levy charge is NZ$310 for everyone five years of age and above for all
     residence categories, except for those approved under the Pacific Access Category.

c.   For those approved under Pacific Access Category and for children under five years in all
     categories, the migrant levy charge is NZ$155.

d.   The maximum total migrant levy payable per application is the sum of the amounts
     payable by the four oldest people included in the application.

e.   The migrant levy:

     i     must be deposited before the grant of the relevant visa; and
     ii    is determined at the date it is deposited; and
     iii   is in addition to any other amount payable for any other visa; and
     iv    may be subject to special direction by the Minister of Immigration.

R5.90.1 Refunds of migrant levy

a.   If a migrant levy is deposited but the principal applicant and partner and dependent
     children included in the application do not enter New Zealand within the validity of their
     first entry travel condition (or in the case of a person eligible to be granted a visa as a
     consequence of a decision under the Work to Residence (Skilled Migrant Category)
     instructions that work visa is not granted), a refund may be granted upon request to INZ.
     The request must be made in writing.




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b.   Requests made more than 6 months after the expiry date of the first entry travel
     condition, or made more than 6 months after advice from the INZ that a person is eligible
     to be granted a visa as a consequence of a decision made under the Work to Residence
     (Skilled Migrant Category) instructions, must be declined.

c.   Immigration officers who have been delegated the authority to refund the levy (under
     section 395 of the Immigration Act 2009) must be satisfied that:

     i     the principal applicant and partner and dependent children included in the application
           have not taken up residence; and
     ii    their resident visas are no longer current; or
     iii   (in the case of a person eligible to be granted a visa as a consequence of a decision
           made under the Work to Residence (Skilled Migrant Category) instruction) that the
           visa is not granted.)

d.   The person who paid the levy will be refunded the appropriate amount.
                                                                             Effective 25/07/2011

R5.95 Character requirement for partners supporting Partnership Category
applications

See previous instructions R5.95 Effective 29/11/2010


a.   Any supporting partner who has been convicted, in the seven years prior to the date the
     application is made, of:

     i     any offence involving domestic violence; or
     ii    any offence of a sexual nature
     will not meet the character requirement for partners supporting Partnership Category
     applications, unless granted a character waiver (see R5.95.5 below).

b.   If the supporting partner does not meet the character requirement for partners supporting
     partnership application, the application may be declined.

Note: For the purpose of these instructions, 'domestic violence' has the meaning set out in s.3
of the Domestic Violence Act 1995.


R5.95.1 Evidence that partners supporting Partnership Category applications meet
the character requirement

a.   Character checks must be carried out for partners (aged 17 and over) supporting
     Partnership Category applications.

b.   The supporting partner character check consists of:

     i     a New Zealand police certificate obtained by Immigration New Zealand; and
     ii    a police or similar certificate, less than 6 months old, from any country in which the
           supporting partner has lived 12 months or more (whether on one visit or
           intermittently) in the last seven years.

c.   Where an application is submitted without the required police certificate(s), an
     immigration officer may nevertheless accept the application, and obtain any necessary
     clearances after acceptance, if a supporting partner requires a police certificate from a
     country:


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     i     that does not issue police certificates to individuals; or
     ii    for which no instructions in respect of how to obtain a police certificate is available.

d.   If a police certificate is not available from a particular country, the supporting partner
     must provide a separate statutory declaration in both English and the supporting partner's
     first language, which must:

     i     detail the supporting partner's attempts to obtain a police certificate; and
     ii    state whether the supporting partner has been convicted, or found guilty of, or
           charged with any offences against the law of that country; and
     iii   be corroborated by other information confirming the supporting partner's character.

Notes:
~ For full information on police certificates see A5.10.

~ Instructions in respect of how to obtain police certificates from specific countries can be
obtained from the INZ website at www.immigration.govt.nz/policecertificate.


R5.95.5 Action

a.   Immigration officers must not automatically decline partnership applications on the basis
     that the supporting partner does not meet the character requirement for partners
     supporting partnership applications.

b.   Officers must consider the surrounding circumstances of the application to decide whether
     or not they are compelling enough to justify waiving the character requirement. The
     circumstances include but are not limited to the following factors as appropriate:

     i     if applicable, the seriousness of the offence (generally indicated by the term of
           imprisonment or size of the fine); and/or
     ii    whether there is more than one offence; and/or
     iii   how long ago the relevant event occurred.

c.   Officers must make a decision only after they have considered all relevant factors,
     including (if applicable):

     i     any advice from the National Office of INZ; and
     ii    compliance with fairness and natural justice requirements (see A1).

d.   Officers must record:

     i     their consideration of the surrounding circumstances, (see paragraph (b) above),
           noting all factors taken into account; and
     ii    the reasons for their decision to waive or decline to waive the character requirement.

e.   Any decision to waive the character requirement for partners must be made by an officer
     with Schedule 1-3 delegations.
                                                                               Effective 04/04/2011

R5.96 Health requirement for partners or dependent children not included in
or withdrawn from a residence class visa application

a.   Applicants under one of the Family Categories who were eligible for inclusion but were not
     included in, or were withdrawn from, a residence class visa application made by their

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     partner or parent must provide a General Medical Certificate (INZ 1007) with their
     application rather than a Limited Medical Certificate (INZ 1201).

b.   If an immigration officer determines that the applicant does not have an acceptable
     standard of health they will not be granted a medical waiver (see A4.60(b)) despite being
     the partner or dependent child of a New Zealand citizen or residence class visa holder (see
     A4.60(d)).
                                                                            Effective 30/07/2012

R5.100 Ban on the grant of residence class visas to certain individuals and
classes of individuals

See previous instructions:
R5.100 Effective 30/07/2011
R5.100 Effective 29/11/2010


R5.100.1 Ban on the grant of visas to leading members of the Government of the
Federal Republic of Yugoslavia (FRY) including Serbia and their supporters

a.   New Zealand has taken action in respect of leading citizens of the FRY and Serbia, being
     persons closely aligned with the regime of Slobodan Milosevic whose activities support
     President Milosevic or whose actions are presumed to provide support (including members
     of his immediate family), and who are named on the lists of such persons held by INZ and
     updated from time to time.

b.   Ordinarily, none of the persons named on the lists held by INZ may be granted a visa to
     enter New Zealand (including a transit visa).

c.   Where special circumstances exist (supported by cogent and reliable evidence) INZ may
     nonetheless grant a visa to a person named on the lists.

d.   The decision to grant a visa to a person named on the lists is limited to immigration
     officers with Schedule 1-2 delegations (see A15.5).

R5.100.5 Ban on the grant of visas to individuals named on the list held at Z8

a.   The New Zealand government wishes to take action in an immigration respect against
     individuals involved in the hostage taking in Fiji, the Ministers in Fiji's Interim Civilian
     Governments (ICGs) and officials clearly linked to George Speight who are named on the
     list approved by the Minister of Immigration, held by INZ and updated from time to time
     (see Z8).

b.   Ordinarily, none of the persons named on the list held by INZ may be granted a visa to
     New Zealand (including a transit visa).

c.   Where special circumstances exist (supported by cogent and reliable evidence) INZ may
     nonetheless grant a visa.

d.   The decision to grant a visa to a person named in the list is limited to immigration officers
     with Schedule 1-2 delegations (see A15.5).

R5.100.10 Restriction on the grant of visas to Robert Mugabe, President of
Zimbabwe, and his close associates

a.   Ordinarily, none of the persons named on the list held at Appendix 5 of the Operational
     Manual who:


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     i     have acted in, or are acting in the role specified; or
     ii    are, or have been, close associates of Robert Mugabe, President of Zimbabwe, may be
           granted a visa to New Zealand (including a transit visa).

b.   Where special circumstances exist (supported by cogent and reliable evidence) INZ may
     nonetheless grant a visa to a person named on the list held at Appendix 5.

c.   The decision to grant a visa to a person named on the list held at Appendix 5 is limited to
     immigration officers with Schedule 1-2 delegations (see A15.5).


R5.100.15 Ban on the grant of residence class visas to individuals associated with
the December 2006 Fiji coup

a.   The New Zealand government wishes to take action in an immigration respect against:

     i     all people who are (or were on 6 December 2006) members of the Republic of Fiji
           Military Force (RFMF); and
     ii    those people associated with supporting the December 2006 Fiji coup who are named
           on the list approved by the Minister of Immigration, held by INZ and updated from
           time to time (see Z9); and
     iii   close associates of those described in (ii) above who are named on the list approved
           by the Minister of Immigration, held by INZ and updated from time to time; and
     iv    permanent secretaries of Fijian government departments; and
     v     all persons who are appointed by the Fiji interim government to boards of statutory
           authorities and public enterprises who are named on the list approved by the Minister
           of Immigration, held by INZ and updated from time to time; and
     vi    immediate family members of those described in (i), (ii), (iv) and (v) above.
           (Immediate family members are partners, children and children's partners.)

     Note: for the purposes of these instructions RFMF personnel includes members of the
     territorial force of the RFMF.

b.   None of the people described in (a) above may be granted a residence class visa.


R5.100.20 Ban on the grant of visas to leading members of the Syrian regime

a.   New Zealand has taken action in respect of leading members of the regime in Syria, being
     persons closely aligned with the regime of President Bashar Hafez al-Assad, and who are
     named on the list of such persons held by INZ and updated from time to time.

b.   Ordinarily, none of the persons named on the list held by INZ may be granted a visa to
     enter New Zealand (including a transit visa).

c.   Where special circumstances exist (supported by cogent and reliable evidence and in
     consultation with MFAT) INZ may nonetheless grant a visa to a person named on the list.

d.   The decision to grant a visa to a person named on the list is limited to immigration officers
     with Schedule 1-2 delegations (see A15.5).
                                                                            Effective 06/05/2012




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R6 NEW ZEALAND RESIDENCE PROGRAMME
R6.1 New Zealand Residence Programme

See previous instructions R6.1 Effective 29/11/2010


a.   The New Zealand Residence Programme (NZRP) consists of all persons approved for
     residence class visas in the three years beginning 1 July 2011 and ending 30 June 2014.

b.   The NZRP is set for the duration of the three year period, unless a review is directed by
     the Minister of Immigration. Any changes will be advised by an amendment to these
     instructions.

c.   The NZRP for the three year period is 135,000 to 150,000 approved places.

Note: Permanent resident visas granted to holders of resident visas or second or subsequent
resident visas granted to former holders of resident visas are not counted towards the NZRP.

                                                                           Effective 01/07/2011

R6.5 Allocation of places within the New Zealand Residence Programme

See previous instructions R6.5 Effective 29/11/2010


a.   There are four streams within the New Zealand Residence Programme (NZRP):

     i     The Skilled/Business stream;
     ii    The Uncapped Family stream;
     iii   The Capped Family stream;
     iv    The International/Humanitarian stream.

b.   The Government may, from time to time, reallocate places for approvals within the four
     streams and/or add places to the four streams.

c.   The allocation of places within the NZRP for the Skilled/Business stream is approximately
     80,700 to 89,925 places across the three year period.

d.   The Uncapped Family stream does not have a cap on available places. However, for
     planning purposes the allocation of places within the NZRP is estimated to be
     approximately 29,700 to 32,100 places across the three year period. This stream includes
     partner and dependent child instructions.

e.   The allocation of places within the NZRP for the Capped Family stream is approximately
     14,850 to 16,500 places across the three year period. This stream includes the parent,
     and the sibling and adult child instructions.

f.   The allocation of places within the NZRP for the International /Humanitarian stream is
     approximately 9,750 to 11,475 places across the three year period.
                                                                           Effective 01/07/2011

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    are not of an acceptable standard of health and would not be granted a medical waiver
           (see A4.60); or
      ii   are described in sections 15 or 16 of the Immigration Act 2009 (see A5.20); and

b.    have claimed points for a minimum overall band score of IELTS 3 for English language
      ability (see BJ5.35); and

c.    have confirmed that they are aged 65 years or younger (see BJ5.25); and

d.    have claimed points for a minimum of three years of business experience (see BJ5.30);
      and

e.    have claimed points for a minimum of NZ$1.5 million of investment funds (see BJ5.40);
      and

f.    have confirmed that they legally own NZ$1 million of settlement funds in addition to the
      $1.5 million investment funds (see BJ5.45).

Notes:

~ As Expressions of Interest are entered into the Pool they will be ranked on the basis of total
points claimed for English language, age, business experience and investment funds in
accordance with the Investor 1 Category. The ranking of Expressions of Interest relative to
each other will change as Expressions of Interest enter, or are withdrawn from, the Pool.
~ Expressions of Interest will be selected from the Pool according to their points ranking.


R6.10.5 Skilled Migrant Category

a.    Expressions of Interest in being invited to apply for a resident visa under the Skilled
      Migrant Category can only be entered into the Pool of Expressions of Interest if the person
      expressing interest has claimed a minimum of 100 points for employability and capacity
      building factors and has met the other requirements of SM3.10.

      Note: A resident visa can only be granted under the Skilled Migrant Category following an
      invitation to apply under the Skilled Migrant Category.

b.    Expressions of Interest in the Skilled Migrant Category Pool are selected from that Pool
      periodically on the Government's behalf by the Department of Labour.

c.    Selections from the Pool after 21 December 2005 are made in the following manner:

      i    Expressions of Interest that have total points of 140 or more are selected
           automatically from the Pool;
      ii   Expressions of Interest that have total points of 100 or more but less than 140, and
           include points for offers of skilled employment or current skilled employment in New
           Zealand, are selected (according to their points ranking) in sufficient numbers to meet


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         the requirements of the Skilled/Business Stream of the New Zealand Residence
         Programme (NZRP) at the time of that selection (subject to any adjustment to the
         number or distribution of places in the NZRP determined by the Government).

d.   If, following the selection process set out at (c) above, further places are available in the
     Skilled/Business Stream of the NZRP at the time of that selection (subject to any
     adjustment to the number or distribution of places in the NZRP determined by the
     Government), additional Expressions of Interest may be selected from the Pool on the
     basis of criteria set from time to time by the Minister of Immigration, having regard to the
     objectives of the Skilled Migrant Category. Those criteria are specified at SM3.15.1.
                                                                            Effective 29/11/2010




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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.   were not issued a permit or entry authority under the Immigration Act 1964 or any earlier
     corresponding Act; and

b.   have been in New Zealand continuously from 2 April 1974 and until at least 31 October
     1987, apart from any period or periods spent in:

     i    the Cook Islands, Niue or Tokelau; or
     ii   Australia (if during any such period they were Commonwealth citizens or citizens of
          the Republic of Ireland, and were able to live in either New Zealand or Australia
          without restriction); and

c.   were in New Zealand at midnight on 31 October 1987; and




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d.    were not exempt under the Immigration Act 1987 from having to hold a residence permit.
                                                                                Effective 29/11/2010

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.
                                                                                Effective 29/11/2010

R7.10 Procedure for confirming or transferring a residence class visa

See previous instructions R7.10 Effective 29/11/2010


R7.10.1 Endorsement of residence status in passport or certificate of identity
See also Immigration (Visa, Entry Permission, and Related Matters) Regulations 2010, reg 32
a.    Applicants applying to have their residence status endorsed in their passport or certificate
      of identity must make the application on the form Application for Transfer or Confirmation
      of a Visa (INZ 1023). The form must be given to an immigration officer together with:

      i     the applicant’s passport or certificate of identity; and
      ii    if applicable, any previous or expired passport or certificate of identity; and
      iii   evidence that the applicant holds or is deemed to hold a residence class visa; and
      iv    the appropriate fee (if any).

b.    If applicants cannot provide proof of lawful residence, immigration officers must establish
      whether there is a file for the applicant in INZ records, and if so, they must check the file.


R7.10.5 Confirmation of residence status by letter.

a.    Applicants who wish to have confirmation of the date their residence was originally
      granted in the form of a letter must make a written request to the appropriate INZ
      receiving branch (Appendix 2).

b.    A letter confirming the date residence was originally granted must:

      i     be on letterhead; and
      ii    give the applicant's full name, date of birth and the date residence was granted; and
      iii   be legibly signed and dated by an immigration officer; and
      iv    be endorsed with the official seal of the INZ.

      Note: a copy should be retained on the applicant's file.
                                                                                Effective 26/03/2012

R7.15 Evidence

R7.15.1 Evidence required to confirm or transfer residence class visas

Acceptable evidence for a confirmation of residence class visa may include:

a.    any previous or expired passport or certificate of identity containing a residence class visa,

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b.   the passport containing the original residence class visa, permit or other entry authority
     applying at the time of entry; or

c.   for the purpose of R7.1.1, documents showing continued residence since before 2 April
     1974, which may include but are not limited to:

     i     rates demands,
     ii    driver's licenses,
     iii   receipted power bills,
     iv    income tax returns,
     v     school records,
     vi    employment references,
     vii any other evidence requested by INZ.
                                                                           Effective 29/11/2010




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R8 SPECIAL CASES
R8.1 Granting a visa under section 61

See previous instructions R8.1 Effective 29/11/2010

See also Immigration Act 2009 ss 11, 20, 61
a.   The Minister may at any time grant any type of visa to a person who is:

     i     unlawfully in New Zealand; and
     ii    not a person in respect of whom a deportation order is in force.

b.   The Minister's power to grant a visa in a special case has been delegated to officers with
     Schedule 3 delegations or above.

c.   As the grant of a visa under section 61 is a matter of absolute discretion, no person has
     the right to apply for a visa under section 61, and if a person purports to make such an
     application by requesting the grant of a visa under section 61:

     i     the Minister or appropriate immigration officer is not obliged to consider the purported
           application; and
     ii    the Minister or appropriate immigration officer is not obliged to make further enquiries
           or inquire into the circumstances of the person or any other person, and
     iii   whether a purported application is considered or not, the Minister or immigration
           officer is not obliged to give reasons for any decision on it, other than that section 11
           applies; and
     iv    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.
                                                                              Effective: 26/03/2012




                                                                                                  9-1
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.   increasing New Zealand's level of human capital;

b.   encouraging enterprise and innovation; and

c.   fostering external links.
                                                                         Effective 29/11/2010

BA2 Categories

Business Immigration Instructions consist of residence class and temporary entry class
categories.
                                                                         Effective 29/11/2010

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)
                                                                           Effective 29/11/2010

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.
                                                                           Effective 29/11/2010

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.
                                                                           Effective 29/11/2010

BA3 Streamlining

See previous instructions BA3 Effective 29/11/2010


a.   Applications under business immigration instructions will be given priority processing.

b.   Applications under business immigration instructions are to be determined only by
     immigration officers known as business immigration specialists.

c.   Despite (b) above, applications under the Investor Category may be determined by
     immigration officers other than business immigration specialists where this is directed by
     the General Manager, Visa Services, Immigration New Zealand (INZ).

d.   INZ Branch Managers will provide liaison services for the business immigration specialists
     to facilitate contact with applicants and the processing of business immigration
     applications.
                                                                           Effective 05/04/2011




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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.   without living permanently in New Zealand; or

b.   with the intention of better enabling themselves to meet the relevant criteria for residence
     under the Entrepreneur Category.
                                                                           Effective 29/11/2010

BC2 Special category of work visa

See previous instructions BC2 Effective 29/11/2010


a.   Long Term Business visas are a category of temporary entry class visa allowing self-
     employment in New Zealand.

b.   Successful applicants will be granted work visas for periods of up to three years.
                                                                           Effective 07/02/2011

BC2.1 Definition of self-employment

a.   Self-employment is lawful active involvement in the management and operating of a
     business in New Zealand which the principal applicant has established or purchased, or in
     which the principal applicant has made a substantial investment (see (b) below).

b.   Substantial investment is defined as the purchase of 25% or more of the shareholding of a
     business.

c.   For the avoidance of doubt, self-employment does not include involvement of a passive or
     speculative nature.
                                                                           Effective 29/11/2010

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.
                                                                           Effective 29/11/2010

BC3 Summary of requirements

See previous instructions:
BC3 Effective 07/02/2011
BC3 Effective 29/11/2010


BC3 Summary of requirements

A principal applicant for a Long Term Business Visa must:

a.   have completed a business plan that meets the requirements of BC4.5 for their business
     proposal; and

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b.     have business experience relevant to their business proposal; and

c.     not have been involved in bankruptcy or business failure within the 5 years preceding the
       date their application was made; and

d.     not have been involved in business fraud or financial impropriety; and

e.     have obtained professional or occupational registration in New Zealand if registration is
       required for operating the proposed business; and

f.     have, in addition to investment capital, sufficient funds (see BC6.1) for their maintenance
       and accommodation and that of any partner and/or dependent children who are applying
       for temporary visas to accompany the principal applicant to New Zealand; and

g.     meet health and character requirements for residence as set out at A4 and A5.15 to
       A5.25; and

h.     meet the minimum standard of English (see BF); and

i.     aside from the health and character requirements set out in (g) above, applicants must
       meet all other requirements under Generic Temporary Entry Instructions; and

j.     satisfy a business immigration specialist that they are genuinely interested in establishing
       the business in New Zealand.

BC3.1 Unacceptable Risk

a.     INZ will decline an application for a Long Term Business Visa where it considers the grant
       of the visa would create unacceptable risks to the integrity of New Zealand’s immigration
       or employment laws or policies.

b.     Offering business opportunities to meet the requirements of a Long Term Business Visa
       application by persons whose main business is the facilitation of entry to New Zealand of
       non-New Zealand citizens and residence class visa holders potentially creates an
       unacceptable risk to the integrity of New Zealand’s immigration laws and policies.
       Therefore, applications for Long Term Business Visas based on such business opportunities
       will not be approved.
                                                                             Effective: 20/03/2012

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.
                                                                             Effective 29/11/2010

BC4.5 Requirements for a business plan

Business plans must:

a.     be no more than 3 months old on the date the application is made; and




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b.   include satisfactory evidence that the principal applicant has access to sufficient capital to
     finance their business proposal; and

c.   include realistic financial forecasts; and

d.   include evidence to satisfy a business immigration specialist that the principal applicant
     has business experience that is relevant to their business proposal; and

e.   demonstrate to the satisfaction of a business immigration specialist the principal
     applicant's knowledge about the proposed business and the New Zealand business
     environment; and

f.   include information about how the proposed business will benefit New Zealand; and

g.   include sufficient supporting documentation (including the documentation listed from
     section C of the business plan form onwards).
                                                                              Effective 29/11/2010

BC4.10 Assessment of a business plan

a.   In assessing a business plan, a business immigration specialist will consider the credibility
     of the information provided and whether the business will benefit New Zealand.

b.   INZ may submit any business plan to an independent person or persons for vetting. They
     will offer an independent assessment and advice, which will be considered by a business
     immigration specialist in making a decision.
                                                                              Effective 29/11/2010

BC4.15 Criteria for a business benefiting New Zealand

a.   A business may be considered to benefit New Zealand if it promotes New Zealand's
     economic growth through, for example:

     i     introducing new, or enhancing existing, technology, management or technical skills; or
     ii    introducing new, or enhancing existing, products or services; or
     iii   creating new, or expanding existing, export markets; or
     iv    creating employment for a New Zealand citizen or resident; or
     v     revitalising an existing business; and

b.   in the opinion of a business immigration specialist it appears likely that the business will
     be trading profitably at the time any subsequent application under the Entrepreneur
     Category is made, or clearly has the potential to be trading profitably within 12 months
     after the application is made.

Note: For the purposes of these instructions, the employment of non New Zealand citizens or
residents is not considered an acceptable example of a business benefiting New Zealand.

                                                                              Effective 29/11/2010

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.
                                                                            Effective 29/11/2010

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.
                                                                            Effective 29/11/2010

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.
                                                                            Effective 29/11/2010

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.
                                                                            Effective 29/11/2010

BC7 Evidence of meeting English language requirements

Principal applicants in the Long Term Business Category must meet a minimum standard of
English (see BF2).
                                                                            Effective 29/11/2010

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.
                                                                            Effective 29/11/2010

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
     ii    reasonable steps have been taken to establish or invest in the business as set out in
           the business plan.

c.   In cases where a business immigration specialist is not satisfied that the requirements of
     BC9(b)(ii) have been met, but that the applicant may be able to meet these requirements
     within a specified time, a further work visa may be granted for a period of less than 27
     months to allow the principal applicant to take further steps to establish and operate the
     business. To be granted a further work visa at the expiry of that second period, the
     principal applicant must demonstrate that they meet the requirements in BC9(b)(ii) above.
                                                                             Effective 29/11/2010

BC9.1 Evidence of reasonable steps taken to establish and operate a business

a.   Evidence of transferring investment capital to New Zealand through the banking system
     may include but is not limited to:

     i     telegraphic transfer forms
     ii    other documents, evidence and information the business immigration specialist
           considers may demonstrate the transfer of investment capital to New Zealand through
           the banking system.

b.   Evidence of reasonable steps taken to establish and operate a business may include but is
     not limited to:

     i     documents evidencing the constitution of the business (e.g. certificate of
           incorporation)
     ii    audited accounts
     iii   GST records
     iv    other tax records
     v     property purchase or lease documents relating to the business' site
     vi    invoices for business equipment and supplies
     vii other documents, evidence and information a business immigration specialist
         considers may demonstrate reasonable steps taken to establish or invest in a business
         (e.g. employment agreements, bank statements, utility company invoices).
                                                                             Effective 29/11/2010

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.
                                                                               Effective 29/11/2010

BC10 Changing a business proposal

If the holder of a work visa granted under the Long Term Business Category wishes to change
their business proposal within the validity of their visa they must apply to a business
immigration specialist for a variation of conditions. A variation of conditions may be granted if
a business immigration specialist is satisfied that:

a.     there are genuine reasons for abandoning the original business proposal; and

b.     there is a plan for the proposed new business that meets the requirements for a business
       plan as set out in BC4.5; and

c.     the new business proposal requires the same or a greater level of capital investment than
       the original business proposal; and

d.     the applicant has access to sufficient capital to finance the proposed new business; and

e.     the applicant has business experience relevant to the proposed new business.

Note: A visa holder may be made liable for deportation where they are undertaking business
activities which breach the conditions of their visa.

                                                                               Effective 29/11/2010

BC10.1 Process for accepting or refusing a change to a business proposal

a.     A business immigration specialist must consider whether the requirements listed in BC10
       have been met. If consent is given to change the business proposal then the conditions of
       the work visa may be varied to reflect the new proposal.

b.     If the requirements listed in BC10 have not been met, the business immigration specialist
       must weigh up all the circumstances of the case to see whether an exception to
       instructions is justified. In doing this, they will take into account any circumstance that
       would warrant an exception.

c.     If the request to change a business proposal is refused:

       i    then the principal applicant must be offered the option of continuing with their original
            business proposal; and
       ii   if the principal applicant does not continue with the original business proposal they
            may be made liable for deportation.
                                                                               Effective 29/11/2010

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.




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b.   If the principal applicant is seeking a further visa for a period beyond the initial 3 years on
     the basis of a new business proposal (not being a new business proposal for which consent
     has been given under BC10.1), a business immigration specialist may require that a new
     application be lodged.

c.   Further work visas will be granted only where a business immigration specialist is satisfied
     that:

     i     any time in New Zealand has been spent setting up and operating the original
           business proposal; or
     ii    where there was a change to the original business proposal, consent was granted for
           that change by a business immigration specialist; and
     iii   that the principal applicant and any family member accompanying them have not
           drawn on the New Zealand welfare system; and
     iv    that the principal applicant intends to spend the further period in New Zealand either
           implementing the original business proposed or a subsequent business proposal for
           which a business immigration specialist has given consent; and
     v     that the principal applicant has, in addition to investment capital, access to sufficient
           funds for their own maintenance and accommodation and that of any partner or
           dependent child accompanying them; and
     vi    that they meet health and character requirements (see A4 and A5).
                                                                               Effective 29/11/2010

BC10.10 Process for grant of further work visas

a.   A business immigration specialist determines whether:

     i     there has been a change in the original business proposal; and
     ii    a further business plan is required; and
     iii   there has been a change in circumstances that may affect the level of funds required
           for maintenance and accommodation; and
     iv    the principal applicant or any family member accompanying them has not drawn on
           the social welfare system.

b.   If an application fails to meet instructions, business immigration specialists must weigh up
     all the circumstances of the case to see whether an exception to instructions is justified. In
     doing this, they will take into account any circumstance that would warrant an exception.
                                                                               Effective 29/11/2010




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BE EMPLOYEES OF RELOCATING BUSINESSES CATEGORY
BE1 Objective

a.   The objective of the Employees of Relocating Businesses Category is to assist in promoting
     New Zealand as a place in which to invest and locate business.

b.   This category facilitates the granting of residence to employees of businesses relocating to
     New Zealand, who do not qualify for residence under any existing categories.
                                                                           Effective 29/11/2010

BE2 Summary of requirements

The following considerations normally apply, but applications are decided on a case by case
basis.
                                                                           Effective 29/11/2010

BE2.1 Employee of a relocating business

Principal applicants in the Employees of Relocating Businesses Category are required to
demonstrate that:

a.   they are an employee of a relocating business and that they are a key employee; and

b.   the relocation of the business is supported by New Zealand Trade and Enterprise.

Note: An Immigration New Zealand business immigration specialist will consult with New
Zealand Trade and Enterprise to determine their support for the relocation of the business (see
BE3.1(c)).

                                                                           Effective 29/11/2010

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.
                                                                           Effective 29/11/2010

BE2.10 Compliance with employment and immigration law

Businesses relocated to New Zealand must comply with all relevant employment and
immigration law in force in New Zealand. Compliance with relevant New Zealand employment
and immigration law includes but is not limited to:

a.   paying employees no less than the appropriate minimum wage rate or other contracted
     industry standard; and

b.   meeting holiday and special leave requirements or other minimum statutory criteria, e.g.
     occupational safety and health obligations; and




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c.   only employing people who have authority to undertake that work under the Immigration
     Act 2009.
                                                                              Effective 29/11/2010

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).
                                                                              Effective 29/11/2010

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).
                                                                              Effective 29/11/2010

BE3 Evidential requirements

BE3.1 Evidence concerning the relocating business

a.   The principal applicant must provide a statement from the CEO of the relocating business
     that:

     i     gives the name and location of the business intending to relocate to New Zealand; and
     ii    explains why the business is relocating and how that will benefit New Zealand; and
     iii   confirms that the business will comply with all relevant employment and immigration
           law in force in New Zealand.

b.   The principal applicant must provide evidence of the business operation. This may include,
     but is not limited to, original or certified copies of the following documents:

     i     business registration
     ii    company accounts or tax returns
     iii   other documents, evidence and information the business immigration specialist
           considers necessary to determine the application.

c.   The business immigration specialist will consult with New Zealand Trade and Enterprise to
     determine their support for the relocation of the business.

BE3.1.1 Criteria for a business benefiting New Zealand

a.   A business will be considered to benefit New Zealand if a business immigration specialist is
     satisfied that it promotes New Zealand's economic growth by for example:

     i     introducing new, or enhancing existing, technology, management or technical skills; or
     ii    introducing new, or enhancing existing, products or services; or
     iii   creating new or expanding existing export markets; or
     iv    creating employment (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.
                                                                              Effective 29/11/2010

BE3.5 Evidence concerning the employee's role in the relocating business

a.   The principal applicant must provide a statement from the CEO of the relocating business
     that:

     i     describes the current role of the employee in the business, and the employee's
           intended role in the relocated business; and
     ii    explains why the employee is reasonably considered to be a key staff member.

b.   The principal applicant must provide evidence of their role in the relocating business. The
     evidence may include, but is not limited to, original or certified copies of the following
     documents:

     i     references from employers;
            on company letterhead; and
            stating the occupation and dates of employment; and
            giving the contact phone number and address of the employer
     ii    letters of appointment;
     iii   certificates of service;
     iv    pay slips;
     v     job specifications;
     vi    tax records;
     vii job assessments;
     viii other documents, evidence and information the business immigration specialist
          considers necessary to determine the application.
                                                                              Effective 29/11/2010

BE4 Process

a.   The business immigration specialist must be satisfied that documents provided as evidence
     are genuine and accurate, and they may take any steps they determine necessary to
     verify such documents and the information they contain.

b.   In considering the application, the business immigration specialist should liaise with the
     appropriate office of New Zealand Trade and Enterprise and may also consult the
     appropriate INZ branch/es.

c.   In assessing the application, the business immigration specialist must check that claims of
     non-eligibility under other categories of residence instructions are plausible, and that the
     other criteria set out in instructions are met.
                                                                              Effective 29/11/2010

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:



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a.   their application has been approved in principle; and

b.   resident visas may be granted once the following requirements have been met:

     i     the principal applicant provides acceptable evidence that the business has relocated to
           New Zealand; and
     ii    the principal applicant provides the New Zealand address at which the business
           operates; and
     iii   the principal applicant pays any applicable migrant levy; and
     iv    the principal applicant submits evidence that they and any partner or dependent
           children aged 16 or over meets the English language requirements (see BE5.1 and
           BF1.1); and

c.   resident visas will be granted subject to conditions under section 49(1) of the Immigration
     Act 2009
                                                                            Effective 29/11/2010

BE5.1 English language requirements

See previous instructions BE5.1 Effective 29/11/2010


a.   Principal applicants who lodge applications under the Employees of Relocating Businesses
     category meet the minimum standards of English for that category if:

     i     they provide a certificate (no more than 2 years old at the time the application is
           lodged) from the International English Language Testing System (IELTS), which shows
           an overall band score of 4 or more in the IELTS General or Academic Module; or
     ii    they provide evidence that they have an English-speaking background (see BF2.1)
           which is accepted by a business immigration specialist as meeting the minimum
           standard of English; or
     iii   they provide other evidence which satisfies a business immigration specialist that,
           taking account of that evidence and all the circumstances of the application, the
           person meets the minimum standard of English (see BF2.5).

b.   In any case under (a) (ii) or (iii), a business immigration specialist may require an
     applicant to provide an IELTS certificate in terms of paragraph (a)(i). In such cases, the
     IELTS certificate will be used to determine whether the applicant meets the minimum
     standard of English.




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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 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.
                                                                              Effective 29/11/2010

BE5.10 Temporary visa to arrange business relocation

a.   After approval in principle, a work visa may be granted (once an application has been
     lodged) to allow the principal applicant to arrange the business relocation to New Zealand.

b.   The work visa will be current for 24 months after approval in principle has been given and
     be granted with travel conditions allowing multiple journeys.

c.   Visitor visas for the same period may be granted (once an application has been lodged) to
     the principal applicant's partner and dependants (see E4.1.10).

d.   Student visas for the same period may be granted (once an application is lodged) to those
     of the principal applicant's dependants who wish to study, in accordance with current
     student instructions.
                                                                              Effective 29/11/2010

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.
                                                                              Effective 29/11/2010

BE6.1 Resident visas subject to conditions
See also Immigration Act 2009 s 49(1)
a.   Under the Employees of Relocating Businesses Category, a resident visa is granted to a
     principal applicant and accompanying partner and dependent children subject to conditions
     under section 49(1) of the Immigration Act.

b.   The Employees of Relocating Businesses Category conditions that may be imposed by
     letter on the resident visas are:

     i    that, the visa holder is employed in the relocated business for the 24 months following
          the relocation of the business; and
     ii   that, if the visa holder is in a position to ensure that the relocating business complies
          with all relevant employment and immigration law in New Zealand, the business has
          done so; and

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     iii   that, the visa holder informs the nearest branch of the INZ of any changes of New
           Zealand address during the 24 month employment period; and
     iv    that, within 3 months after the expiry of the 24 month employment period the visa
           holder must submit suitable evidence that conditions (i) to (ii) have been met.

c.   If a principal applicant is granted a resident visa subject to conditions, the resident visa of
     any accompanying partner and dependent children must be subject to the same
     conditions.

d.   For further information about the implications of visas subject to conditions, see RA8.


BE6.1.1 Imposing conditions

Principal applicants are advised of any condition imposed in a letter that states:

a.   the conditions; and

b.   that failure to comply with the conditions may result in the visa holder becoming liable for
     deportation under section 159 of the Immigration Act 2009; and

c.   that the conditions will apply to the resident visa for the 24-month period following their
     first entry to New Zealand as a resident.


BE6.1.5 Reminder from INZ to provide evidence that conditions have been met

Three months before the expiry of the 24-month employment period the INZ will write to the
principal applicant requesting that evidence of conditions being met be provided within 3
months after the expiry of the 24-month employment period.
                                                                              Effective 29/11/2010

BE6.5 Cancellation of conditions when conditions are met

a.   To allow the conditions imposed under BE6.1.1 above to be cancelled, the visa holder must
     provide satisfactory evidence that:

     i     they have taken up residence in New Zealand; and
     ii    they have been an employee in New Zealand of the relocated business for 24 months;
           and

b.   if the visa holder has been in a position to ensure that the relocating business complied
     with all relevant employment and immigration law in New Zealand, the business
     immigration specialist may also request evidence of the business' compliance with these
     requirements.
                                                                              Effective 29/11/2010

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.
                                                                              Effective 29/11/2010



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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.
                                                                         Effective 29/11/2010




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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.

b.   Applications under all Business Immigration categories must be declined if the principal
     applicant has not met the minimum standard of English.
                                                                             Effective 29/11/2010

BF1.1 Partners and dependent children

Partners and dependent children aged 16 years and over, who are included in applications
under the Entrepreneur, Entrepreneur Plus, Investor, Employees of Relocating Businesses,
General (Active) Investor, Professional Investor, or the Investor 2 categories may either:

a.   show they meet the minimum standard of English; or

b.   pre-purchase ESOL training.
                                                                             Effective 29/11/2010

BF2 Minimum standards of English

a.   Unless instructions specify otherwise, principal applicants who lodge applications under
     any business immigration category, meet the minimum standard of English if:

     i     they provide a certificate (no more than 2 years old at the time the application is
           lodged) from the International English Language Testing System (IELTS), which shows
           an overall band score of at least 4 in the IELTS General or Academic Module; or
     ii    they provide evidence that they have an English-speaking background (see BF2.1)
           which is accepted by a business immigration specialist as meeting the minimum
           standard of English; or
     iii   they provide other evidence which satisfies a business immigration specialist that,
           taking account of that evidence and all the circumstances of the application, the
           person meets the minimum standard of English (see BF2.5).

b.   In any case under (a) (ii) or (iii), a business immigration specialist may require an
     applicant to provide an IELTS certificate in terms of paragraph (a)(i). In such cases, the
     IELTS certificate will be used to determine whether the applicant meets the minimum
     standard of English.

Note: IELTS is an international organisation that provides an assessment of ability in English.
Its General and Academic Modules provide band totals (test results) showing overall ability as
well as performance in listening, reading, writing and speaking.

                                                                             Effective 29/11/2010

BF2.1 Evidence of an English-speaking background

Evidence of an English-speaking background is original or certified copies of documents
showing:


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•   completion of all primary education and at least 3 years of secondary education (that is,
    the equivalent of New Zealand Forms 3 to 5 or years 9 to 11) at schools using English as
    the language of instruction; or
•   completion of at least 5 years of secondary education (that is, the equivalent of New
    Zealand Forms 3 to 7 or years 9 to 13) at schools using English as the language of
    instruction; or
•   completion of a course of at least 3 years' duration leading to the award of a tertiary
    qualification at institutions using English as the language of instruction; or
•   that the applicant holds General Certificate of Education (GCE) 'A' Levels from Britain or
    Singapore with a minimum C pass (the passes must specifically include the subjects
    English Language or Literature, or Use of English); or
•   that the applicant holds an International Baccalaureate – full Diploma in English Medium;
    or
•   that the applicant holds a Cambridge Certificate of Proficiency in English – minimum C
    pass; or
•   that the applicant holds Hong Kong Advanced Level Examinations (HKALE) including a
    minimum C pass in Use of English; or
•   that the applicant holds STPM 920 (Malaysia) – A or B pass in English Literature; or
•   that the applicant holds University of Cambridge in collaboration with University of Malaya,
    General Certificate of English (GCE) "A" levels with a minimum C pass. The passes must
    specifically include the subjects English or General Paper; or
•   that the applicant holds a South African Matriculation Certificate, including a minimum D
    pass in English (Higher Grade); or
•   that the applicant holds a South African Senior Certificate, including a minimum D pass in
    English (Higher Grade), endorsed with the words "matriculation exempt"; or
•   that the applicant holds a New Zealand Tertiary Entrance Qualification gained on
    completion of the seventh form.
                                                                           Effective 29/11/2010

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.
                                                                           Effective 29/11/2010

BF2.10 Employment in New Zealand

An applicant is also considered to have an English-speaking background if:


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a.   they have been lawfully employed full-time in an occupation in New Zealand for a
     minimum of 12 months; and

b.   English was the language of employment.

'Employment' in the context of English language requirements does not include self-
employment.
                                                                           Effective 29/11/2010

BF2.15 Evidence of employment in New Zealand

Evidence of full-time employment in New Zealand for a minimum of 12 months is original or
certified copies of:

a.   references from employers on company letterhead, which state the occupation and dates
     of employment and the contact phone number and a address of the employer; or

b.   an employment contract with confirmation from the employer that the applicant is still
     employed.

Evidence that English was the language of employment is a written statement from the
employer that English was the primary language of employment.
                                                                           Effective 29/11/2010

BF3 Pre-purchase of English for speakers of other languages (ESOL) tuition

a.   Non-principal applicants who pre-purchase ESOL tuition, instead of meeting the minimum
     standard of English, must pre-purchase ESOL tuition from the Tertiary Education
     Commission (TEC) by paying the required charge to INZ (which collects this charge on
     behalf of the TEC). (See BF3.15.)

b.   Before a resident visa is granted, applicants must pay any ESOL tuition charge due.
                                                                           Effective 29/11/2010

BF3.1 TEC to arrange ESOL tuition

a.   The applicant is entitled to tuition to the value of the ESOL entitlement component of the
     ESOL tuition charge. This does not include INZ and TEC administration costs.

b.   The TEC advises the applicant of the list of suitable ESOL tuition providers in New Zealand,
     from which the applicant may nominate one of their own choice.

c.   The TEC will manage the contract between the ESOL tuition provider and the applicant.

d.   The applicant must advise the TEC of their New Zealand address.
                                                                           Effective 29/11/2010

BF3.5 Applicant's agreement with TEC

a.   Each applicant who pre-purchases ESOL tuition must sign an agreement with TEC by which
     they agree, among other things, that they understand the rules for taking up ESOL tuition
     in New Zealand and the refund provisions.

b.   The content of the agreement is determined by INZ and the TEC.


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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.
                                                                              Effective 29/11/2010

BF3.10 Completion of agreement

See previous instructions BF3.10 Effective 29/11/2010


a.   When an application for a resident visa is approved in principle, applicants will be given
     two copies of the agreement to complete for each person in the application undertaking
     the English language training.

b.   After completion of the agreement, one copy is retained by the applicant, and the other
     copy is returned to the INZ processing office with the tuition fee(s).

c.   If the agreement is not signed and returned to INZ within the time specified by INZ, the
     resident visa application must be declined.

d.   The INZ copy of the agreement should be sent to the TEC.
                                                                             Effective: 07/11/2011

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                  Charge to be paid   ESOL entitlement
       4.5 or more but less than 5         NZ$1,735            NZ$1,533.33
       4 or more, but less than 4.5        NZ$3,420            NZ$3,066.66
       3.5 or more, but less than 4        NZ$5,110            NZ$4,599.99
       Less than 3.5                       NZ$6,795            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.   The charge includes the applicant's ESOL tuition entitlement, as well as the INZ and TEC
     administration costs.




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c.   If an applicant has not submitted IELTS results when requested, the maximum charge of
     NZ$6,795 applies
                                                                           Effective 29/11/2010

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.
                                                                           Effective 29/11/2010

BF3.25 Limited period to use ESOL tuition

a.   If ESOL tuition is purchased the applicant must complete the tuition within 5 years from
     the date of payment.

b.   ESOL tuition will not be available without further payment, nor will refunds be given, to
     applicants who do not take up ESOL tuition within the time limits specified in paragraph
     (a).
                                                                           Effective 29/11/2010

BF3.27 Extension of period to complete ESOL tuition

a.   Applicants who have pre-purchased ESOL tuition:

     i    in New Zealand on or after 31 March 2005 and prior to 31 March 2008; or
     ii   outside New Zealand on or after 31 September 2004 and prior to 31 March 2008
     will have up to 5 years from the date of payment to complete the tuition.
                                                                           Effective 29/11/2010

BF3.30 Refunds of ESOL tuition money

a.   If ESOL tuition money is paid but the principal applicant and partner and dependent
     children do not take up residence, a refund may be granted upon request to INZ. The
     request must be made in writing.

b.   Requests made more than 6 months after the expiry date of any unused resident visa
     must be declined.

c.   Business immigration specialists considering requests for refunds must be satisfied that
     the principal applicant and partner and dependent children included in the application have
     not been granted entry permission to New Zealand as holders of resident visas.

d.   The person who paid the fee will be refunded only the ESOL entitlement. INZ and TEC
     administration costs will not be refunded.
                                                                           Effective 29/11/2010




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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.
                                                                             Effective 29/11/2010

BH2 Summary of requirements

BH2.1 Successful establishment of a business that is benefiting New Zealand

Principal applicants in the Entrepreneur Category are required to demonstrate that:

a.   they have established a business in New Zealand; and

b.   the business is benefiting New Zealand.
                                                                             Effective 29/11/2010

BH2.5 Compliance with employment and immigration law

a.   Businesses established in New Zealand must comply with all relevant employment and
     immigration law in force in New Zealand. Compliance with relevant New Zealand
     employment and immigration law includes but is not limited to:

     i     paying employees no less than the appropriate minimum wage or other contracted
           industry standard; and
     ii    meeting holiday and special leave requirements or other minimum statutory criteria,
           e.g. occupational safety and health obligations; and
     iii   only employing people who have authority to undertake that work under the
           Immigration Act 2009.

b.   Despite BH2.5 (a) above, where an application otherwise meets all requirements for
     approval and there is an incident of non-compliance with any relevant employment or
     immigration law in force in New Zealand, a business immigration specialist may
     nevertheless approve the application where:

     i     they are satisfied that the breach of requirements is of a minor nature; and
     ii    evidence is provided that satisfies the business immigration specialist that the cause
           and consequences of the breach have been remedied.

c.   To determine the nature of a breach, the business immigration specialist may consult with
     Workplace Employment Relations, Workplace Health & Safety, and/or the Accident
     Compensation Corporation.
                                                                             Effective 29/11/2010

BH2.10 English language requirements

Principal applicants in the Entrepreneur Category must meet the minimum standard of English
(see BF2).




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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).
                                                                           Effective 29/11/2010

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).
                                                                           Effective 29/11/2010

BH2.20 Payment of migrant levy

Applicants approved under the Entrepreneur Category are required to pay a migrant levy (see
R5.90).
                                                                           Effective 29/11/2010

BH3 Relationship to Long Term Business Category

BH3.1 Businesses established while the principal applicant was holding a visa
granted under the Long Term Business Category

An application under the Entrepreneur Category will be declined if:

a.   the business on the basis of which the application is made was established while the
     principal applicant was holding a work visa granted under the Long Term Business
     Category; and

b.   the principal applicant was not self employed in that business for two years prior to the
     date the application under Entrepreneur Category is made.

c.   Applications under the Entrepreneur Category will also be declined if the principal applicant
     and any partner or dependent child applied for and was granted welfare assistance under
     the Social Security Act 1964 while in New Zealand during the currency of their temporary
     visas.
                                                                           Effective 29/11/2010

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
     ii   the business is different from a business proposal (including a business proposal
          subsequently modified with the consent of a business immigration specialist) in
          respect of which the applicant was granted a work visa.

b.   Despite BH3.5 (a) above, an application may be approved if:

     i    the business that has been established would have met the requirements for a
          business plan under Long Term Business Category; and


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     ii    the business that has been established required the same or a greater level of capital
           investment than a business proposal in respect of which the applicant was granted or
           issued a work visa under the Long Term Business Category; and
     iii   the applicant has relevant experience for the new business.
                                                                            Effective 29/11/2010

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.
                                                                            Effective 29/11/2010

BH4 Successful establishment of a business in New Zealand

BH4.1 Criteria for successfully establishing a business in New Zealand

A principal applicant will be considered to have successfully established a business in New
Zealand if:

a.   they have established or purchased, or made a substantial investment in a business
     operating in New Zealand; and

b.   the principal applicant has been self-employed in New Zealand in that business for at least
     2 years.
                                                                            Effective 29/11/2010

BH4.5 Definitions

See previous instructions BH4.5 Effective 29/11/2010


BH4.5.1 Substantial investment

Substantial investment means the purchase of 25% or more of the shareholding of a business.


BH4.5.5 Self-employment

a.   Self-employment is lawful active involvement in the management and operating of a
     business in New Zealand which the principal applicant has established or purchased, or in
     which the principal applicant has made a substantial investment.

b.   For the avoidance of doubt, self-employment does not include involvement of a passive or
     speculative nature.

BH4.5.10 Unacceptable Risk

a.   INZ will decline an application for a visa under Entrepreneur immigration instructions
     where it considers the grant of the visa would create unacceptable risks to the integrity of
     New Zealand’s immigration or employment laws or policies.

b.   Offering business opportunities to meet the requirements of an Entrepreneur visa
     application by persons whose main business is the facilitation of entry to New Zealand of
     non-New Zealand citizens and residence class visa holders potentially creates an
     unacceptable risk to the integrity of New Zealand’s immigration laws and policies.

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     Therefore, applications for Entrepreneur visas based on such business opportunities will
     not be approved.
                                                                              Effective: 20/03/2012

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     introducing new, or enhancing existing, technology, management or technical skills; or
     ii    introducing new, or enhancing existing, products or services; or
     iii   creating new, or expanding existing, export markets; or
     iv    creating employment for a New Zealand citizen or resident; or
     v     revitalising an existing New Zealand business; and

b.   the business is trading profitably on the date the application is lodged or a business
     immigration specialist is satisfied that it clearly has the potential to become profitable
     within the following 12 months.

c.   If the associated Long Term Business visa application was made before 30 November 2009
     the 'creating employment' benefit can also include non-New Zealand citizens or residence
     class visa holders, with the exception of the principal applicant.
                                                                              Effective 29/11/2010

BH5 Evidential requirements for entrepreneurs

BH5.1 Evidence that the principal applicant has established a business in
New Zealand

a.   All documents submitted to prove that the principal applicant has established a business
     in New Zealand must be produced by a reliable independent agency.

b.   Evidence that the principal applicant has established a business in New Zealand may
     include, but is not limited to:

     i     a certificate of incorporation
     ii    audited accounts
     iii   GST records
     iv    other tax records

c.   The business immigration specialist may request any other documents to support the
     application.
                                                                              Effective 29/11/2010

BH5.5 Evidence that the business is benefiting New Zealand

a.   Evidence that the principal applicant's business is benefiting New Zealand may include, but
     is not limited to:

     i     audited accounts
     ii    tax records


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     iii   export/import documentation, such as letters of credit
     iv    employment records.

b.   The business immigration specialist may request any other documents to support the
     application.
                                                                           Effective 29/11/2010

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.
                                                                           Effective 29/11/2010

BH7 Approval in principle

BH7.1 General rules for approval in principle

Principal applicants who meet the criteria of the Entrepreneur Category will be advised that:

a.   their application has been approved in principle; and

b.   resident visas may be granted once the following requirements have been met:

     i     the principal applicant pays any applicable migrant levy; and
     ii    the principal applicant submits evidence that they and any partner or dependent
           children aged 16 or over meets the English language requirements (see BF).
                                                                           Effective 29/11/2010

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.
                                                                           Effective 29/11/2010




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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.
                                                                           Effective 29/11/2010

BJ2 Overview

The Migrant Investment Categories are comprised of two sub-categories. These are the
Investor 1 Category and the Investor 2 Category.
                                                                           Effective 29/11/2010

BJ2.1 Investor 1 Category

a.   To be approved under this category a principal applicant must:

     i    meet requirements for health and character; and
     ii   invest NZ$10 million in New Zealand in an acceptable investment for a three year
          period.
                                                                           Effective 29/11/2010

BJ2.5 Investor 2 Category

a.   A person who is interested in applying for a resident visa under the Investor 2 Category
     may complete an Expression of Interest (EOI) form in the prescribed manner.

     Note: Applications can be made under Investor 1 Category without the need to submit an
     EOI or be invited to apply.

b.   EOIs which meet prerequisites for health, character, English language, age, business
     experience, investment funds and settlement funds, and have a minimum point score of
     20, are entered into the Investor 2 Category EOI Pool (see BJ4.15).

c.   EOI's in the Investor 2 Category EOI Pool are selected from that Pool periodically on the
     Government's behalf by Immigration New Zealand.

d.   Points for age, business experience, English language ability, and investment funds are
     claimed by a person expressing interest in accordance with the requirements set out in the
     Investor 2 Category (see BJ4).

e.   EOIs will be selected from the Pool according to their points ranking in sufficient numbers
     to meet the requirements of the Migrant Investment Categories (MIC) at the time of
     selection (subject to any adjustment to the number or distribution of places available for
     the MIC in the New Zealand Residence Programme as determined by the Government).

f.   A selected EOI may result in an Invitation to Apply (ITA) for a resident visa under the
     Investor 2 Category, subject to:

     i    an assessment of the credibility of the information provided in the EOI; and




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     ii    whether the EOI indicates the presence of any health or character issues that may
           adversely affect the ability of the person expressing interest to be granted a resident
           visa under the Investor 2 Category; and
     iii   whether the EOI indicates that the person expressing interest will not meet the
           Investor 2 Category criteria.

g.   Only a person with an ITA may apply for a resident visa under the Investor 2 Category.

h.   The issue of an ITA does not guarantee that a resident visa will be granted.

i.   If a person is invited to apply, information provided in the EOI, and any further evidence,
     information and submissions will form the basis for determination of a subsequent
     application for a resident visa under the Investor 2 Category.

j.   Applications for a resident visa resulting from an ITA must include:

     i     information and evidence to support the claims made in the EOI; and
     ii    information concerning any relevant fact (including any material change in
           circumstances that occurs after the EOI was submitted) if that fact or change in
           circumstances could affect the decision on the application. Such a relevant fact or
           change in circumstances may relate to the principal applicant or another person
           included in the application, and may relate to any matter relevant to the Investor 2
           Category.

k.   To be approved under the Investor 2 Category a principal applicant must:

     i     meet requirements for health and character (see A4 and A5); and
     ii    qualify for the points for English language, age, business experience and nominated
           investment funds on the basis of which their EOI was selected from the Pool; and
     iii   invest NZ$1.5 million in New Zealand.
                                                                             Effective 29/11/2010

BJ2.15 Applications available under the Investor 2 Category

a.   Up to 300 applications can be approved annually under the Investor 2 Category. These sit
     within the total number of places available under the Skilled/Business stream of the New
     Zealand Residence Programme (NZRP).

b.   The Minister of Immigration may review and adjust the number of applications that can be
     approved periodically, provided the adjustment is within the NZRP.
                                                                             Effective 29/11/2010

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.
                                                                             Effective 29/11/2010




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BJ2.25 Resident visas granted with conditions
See also Immigration Act 2009 s 49
a.   Under the Migrant Investment Categories (MIC), a resident visa is granted to a principal
     applicant and accompanying partner and dependent children subject to conditions under
     section 49(1) of the Immigration Act 2009. All resident visas granted in accordance with
     these instructions must specify that the visa will be subject to the following conditions
     under section 49(1).

b.   The MIC conditions are that:

     i     the principal applicant retains an acceptable investment in New Zealand for a
           minimum of three years (Investor 1 Category) or four years (Investor 2 Category) and
           spends a minimum period of time in New Zealand during the required investment
           period (see BJ9); and
     ii    the principal applicant informs the nearest branch of INZ of any changes of New
           Zealand address during the required investment period; and
     iii   a principal applicant who was awarded 1 point for English language ability (IELTS 3)
           under the Investor 2 Category, must complete a minimum 20 hours of English
           language tuition with a New Zealand Qualifications Authority (NZQA) registered
           education provider in New Zealand within the four year investment period; and
     iv    at the two-year anniversary of the investment period, the principal applicant submit
           evidence that they:
            are retaining an acceptable investment in New Zealand; and
            meeting minimum period of time in New Zealand requirements; and
     v     within 3 months after the expiry date of the required investment period, the principal
           applicant submit evidence to INZ that they have met conditions (i) and (iii) if
           applicable.

c.   Any accompanying partner and dependent children of a principal applicant granted a
     resident visa will be subject to the condition that the principal applicant complies with the
     conditions of their visa.


BJ2.25.1 Imposing conditions

a.   Principal applicants are advised of the conditions of their visa in a letter that states:

     i     the conditions; and
     ii    that failure to comply with the conditions may result in the visa holder becoming liable
           for deportation under section 159 of the Immigration Act 2009.

b.   The letter will also specify the date on which the required investment period begins (see
     BJ7.25).
                                                                              Effective 29/11/2010

BJ2.30 Verification

a.   Business immigration specialists must be satisfied that all documents provided as evidence
     are genuine and accurate, and may take any steps they determine necessary to verify
     such documents and the information they contain.

b.   All documentation provided should be independent and verifiable to a business
     immigration specialist's satisfaction.



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c.   A business immigration specialist may interview, or ask another branch of Immigration
     New Zealand to interview, the principal applicant in order to determine whether or not the
     information provided in an application is genuine and accurate.

Note: A business immigration specialist is an immigration officer.

                                                                            Effective 29/11/2010

BJ3 Investor 1 Category

a.   Principal applicants under the Investor 1 Category are assessed against:

     i     health and character requirements; and
     ii    investment funds requirements.

b.   For an application to be approved under the Investor 1 Category:

     i     the principal applicant and family members included in the application must meet
           health and character requirements (see A4 and A5); and
     ii    the principal applicant must nominate funds and/or assets equivalent in value to at
           least NZ$10 million and demonstrate ownership of these funds and/or assets; and
     iii   the principal applicant must demonstrate that the nominated funds have been legally
           earned or acquired; and
     iv    the principal applicant must undertake to invest NZ$10 million for a period of three
           years in New Zealand and transfer and place the funds in an acceptable investment in
           accordance with the instructions in BJ7.10.
                                                                            Effective 29/11/2010

BJ3.5 Health and character requirements

Applicants under the Investor 1 Category must meet health and character requirements (see
A4 and A5).
                                                                            Effective 29/11/2010

BJ3.10 Investment funds

See previous instructions:
BJ3.10 Effective 25/07/2011
BJ3.10 Effective 29/11/2010


a.   The principal applicant must invest a minimum of NZ$10 million in New Zealand for a
     period of three years.

b.   The principal applicant must:

     i     nominate funds and/or assets equivalent in value to NZ$10 million; and
     ii    demonstrate ownership of these funds and/or assets (see BJ3.10.1); and
     iii   demonstrate that the nominated funds and/or assets have been earned or acquired
           legally (see BJ3.10.1 (c) below).

c.   All invested funds must meet the conditions of an acceptable investment as set out under
     BJ3.10.25.




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BJ3.10.1 Ownership of nominated funds and/or assets

a.   Nominated funds and/or assets may be owned either:

     i    solely by the principal applicant; or
     ii   jointly by the principal applicant and partner and/or dependent children who are
          included in the resident visa application, provided a business immigration specialist is
          satisfied the principal applicant and partner have been living together for 12 months
          or more in a partnership that is genuine and stable (see R2.1.15 and R2.1.15.1 (b)
          and R2.1.15.5 (a)(i)). If so, the principal applicant may claim the full value of such
          jointly owned funds or assets for assessment purposes.

b.   If nominated funds and/or assets are held jointly by the principal applicant and a person
     other than their partner or dependent child, the principal applicant may only claim the
     value of that portion of funds and/or assets for which they provide evidence of ownership.

c.   The principal applicant may only nominate funds and/or assets that they earned or
     acquired legally, including funds and/or assets which have been gifted to them
     unconditionally and in accordance with local law. Where nominated funds and/or assets
     have been gifted to the principal applicant a business immigration specialist must be
     satisfied that the funds and/or assets being gifted were earned lawfully by the person/s
     gifting the funds and/or assets.

d.   The nominated funds and/or assets must be unencumbered.

e.   The nominated funds and/or assets must not be borrowed.


BJ3.10.5 Definition of 'funds earned or acquired legally'

a.   Funds and/or assets earned or acquired legally are funds and/or assets earned or acquired
     in accordance with the laws of the country in which they were earned or acquired.

b.   Business immigration specialists have discretion to decline an application if they are
     satisfied that, had the funds and/or assets been earned or acquired in the same manner in
     New Zealand, they would have been earned or acquired contrary to the criminal law of
     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.

b.   Funds held in New Zealand must originally have been transferred to New Zealand through
     the banking system, or a foreign exchange company that uses the banking system from
     the country or countries in which they were earned or acquired legally, or have been
     earned or acquired lawfully in New Zealand (see BJ7.10).




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BJ3.10.20 Evidence of the principal applicant's nominated funds and assets

a.   Principal applicants must provide evidence of net funds and/or assets to the value of the
     required investment funds.

b.   Principal applicants must provide evidence to the satisfaction of a business immigration
     specialist that the nominated funds and/or assets were earned or acquired legally.

c.   All documents provided as valuations of assets must be:

     i     no more than three months old at the date the resident visa application is made; and
     ii    produced by a reliable independent agency.

d.   A business immigration specialist may seek further evidence if they:

     i     are not satisfied that the nominated funds and/or assets were earned or acquired
           legally; or
     ii    consider that the nominated funds and/or assets may have been gifted or borrowed
           without being declared; or
     iii   are not satisfied with the valuation provided; or
     iv    consider that the nominated funds and/or assets fail in some other way to meet the
           rules for investment funds.

BJ3.10.25 Definition of 'acceptable investment'

a.   An acceptable investment means an investment that:

     i     is capable of a commercial return under normal circumstances; and
     ii    is not for the personal use of the applicant(s) (see BJ5.50.1 below); and
     iii   is invested in New Zealand in New Zealand currency; and
     iv    is invested in lawful enterprises or managed funds (see BJ5.50.5) that comply with all
           relevant laws in force in New Zealand; and
     v     has the potential to contribute to New Zealand's economy; and
     vi    is invested in either one or more of the following:
            bonds issued by the New Zealand government or local authorities; or
            bonds issued by New Zealand firms traded on the New Zealand Debt Securities
             Market (NZDX); or
            bonds issued by New Zealand firms with at least a BBB- or equivalent rating from
             internationally recognised credit rating agencies (for example, Standard and Poor's);
             or
            equity in New Zealand firms (public or private including managed funds); or
            bonds issued by New Zealand registered banks; or
            equities in New Zealand registered banks; or
            residential property development(s) (see BJ3.10.40); or
            bonds in finance companies (see BJ3.10.25 (c)).

           Note: For the purposes of these instructions, convertible notes are considered to be an
     equity investment.
     New Zealand registered banks are defined by the New Zealand Reserve Bank Act 1989.

b.   Notwithstanding (a) above, where an investment fails to meet one of the acceptable
     investment requirements, a business immigration specialist may consider, on a case by


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     case basis, whether the failure was beyond the control of the principal applicant and if
     satisfied that this was the case, may consider the investment acceptable.

c.   A Business Immigration Specialist may consider bonds in finance companies as an
     acceptable investment where the finance company:

     i      is a wholly-owned subsidiary of,
     ii     raises capital solely for, and
     iii    has all its debt securities unconditionally guaranteed by
           a New Zealand Stock Exchange listed company or a local authority.

Note: The value of an investment is based on the net purchase price (for example, less any
accrued interest, commission, brokerage and/or trade levy), not on the face value of the
investment.


BJ3.10.30 Personal use of investment funds

Personal use includes investment in assets such as a personal residence, car, boat or similar.

BJ3.10.35 Managed funds

a.   For the purposes of these instructions managed funds are defined as either:

     i      a managed fund investment product offered by a financial institution; or
     ii     funds invested in equities that are managed on an investor's behalf by a fund manager
            or broker.

b.   In order to be acceptable as a form of investment managed funds must be invested only in
     New Zealand companies. Managed fund investments in New Zealand with international
     exposure are acceptable only for the proportion of the investment that is invested in New
     Zealand companies.

Example: Only 50 percent of a managed fund that equally invests in New Zealand and
international equities would be deemed to be an acceptable investment as set out in BJ3.10.


BJ3.10.40 Residential property development

For the purposes of these instructions, residential property development(s) is defined as
property(ies) in which people reside and is subject to the following conditions:

a.   the residential property must be in the form of new developments on either new or
     existing sites; and

b.   the residential property(ies) cannot include renovation or extension to existing dwellings;
     and

c.   the new developments must have been approved and gained any required consents by any
     relevant regulatory authorities (including local authorities); and

d.   the purpose of the residential property investments must be to make a commercial return
     on the open market; and

e.   neither the family, relatives, nor anyone associated with the principal investor, may reside
     in the development; and


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f.   the costs associated with obtaining any regulatory approval (including any resource or
     building consents) are not part of the principal applicant’s acceptable investments.
                                                                              Effective: 07/11/2011

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
See also Immigration Act 2009, s 92
a.   People notify their interest in being invited to apply for a resident visa under the Investor
     2 Category by tendering an Expression of Interest (EOI) to Immigration New Zealand in
     the prescribed manner. The prescribed manner for completing and submitting an EOI is
     that the person expressing interest submits to a business immigration specialist:

     i     a completed Investor 2 Category Expression of Interest Form (INZ 1165); and
     ii    the appropriate fee.

b.   Through completion of an EOI, a person:

     i     provides information regarding their: identity (see A2), health (see A4), character (see
           A5) and settlement funds (see BJ5.45); and
     ii    provides information about their English language ability in accordance with the
           requirements for English language ability set out at BJ5.15 and BJ5.35 of these
           instructions; and
     iii   claims points for age, business experience, English language, and investment funds (in
           accordance with requirements set out in BJ4 of the Investor 2 Category).

c.   It is the responsibility of the person submitting the EOI to ensure that it is correct in all
     material respects.
                                                                               Effective 29/11/2010

BJ4.5 Implications of providing false or misleading information
See also Immigration Act 2009 ss 93, 157, 158
a.   The Immigration Act 2009 provides that:

     i     the provision of false or misleading information as part of an Expression of Interest
           (EOI) or associated submission; or
     ii    the withholding of relevant, potentially prejudicial information from an EOI or
           associated submission; or
     iii   failure to advise an immigration officer of any fact or material change in circumstances
           that occurs after an EOI is lodged that may affect a decision to invite the person to
           apply for a resident visa or to grant a resident visa,
       is sufficient grounds for the decline of an application for a resident visa and for the holder
       of a residence class or temporary class visa to become liable for deportation.




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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.
                                                                            Effective 29/11/2010

BJ4.15 Submission of Expressions of Interest to the Pool

See previous instructions BJ4.15 Effective 29/11/2010

See also Immigration Act 2009 s 92
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    would not be granted a medical waiver (see A4.60); or
     ii   are described in sections 15 and 16 of the Immigration Act 2009 (see A5.20); and

b.   has claimed points for a minimum overall band score of IELTS 3 for English language
     ability (see BJ5.35); and

c.   has confirmed that they are aged 65 years or younger (see BJ5.25); and

d.   has claimed points for a minimum of three years of business experience (see BJ5.30); and

e.   has claimed points for a minimum of NZ$1.5 million of investment funds (see BJ5.40); and

f.   has confirmed that they legally own NZ$1 million of settlement funds in addition to the
     $1.5 million investment funds (see BJ5.45).
                                                                            Effective 30/07/2012

BJ4.20 Selection of Expressions of Interest

a.   As Expressions of Interest are entered into the Pool they will be ranked on the basis of
     total points claimed for age, business experience, English language ability, and investment
     funds in accordance with the points allocated to these factors under the Investor 2
     Category. The ranking of Expressions of Interest relative to each other will change as
     Expressions of Interest enter, or are withdrawn from, the Pool.

b.   Expressions of Interest will be selected from the Pool according to their points ranking in
     sufficient numbers to meet the requirements of New Zealand’s Residence Programme.
                                                                            Effective 29/11/2010

BJ4.25 Currency of an Expression of Interest

a.   An Expression of Interest (EOI) is current for a period of six months from the date of initial
     submission to the Pool unless no Pool selection of EOIs has occurred within that six-month
     period. Where this is the case, the EOI is current until such time as a selection from the
     Pool has occurred.

b.   An EOI that is no longer current will be withdrawn from the Pool.




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c.   Notwithstanding (a), the Branch Manager of the Business Migration Branch can, if
     necessary, in relation to managing the number of places available under the Migrant
     Investment Categories, extend the currency of an EOI beyond the six-month timeframe.

d.   An EOI will also be withdrawn from the Pool if it is rejected after selection because it does
     not meet prerequisites for entry to the Pool and as a result no Invitation to Apply is issued.
                                                                             Effective 29/11/2010

BJ4.30 Invitation to Apply for a resident visa under the Investor 2 Category
See also Immigration Act 2009 s 94
a.   People whose Expressions of Interest (EOI) have been selected from the Pool may be
     issued with an Invitation to Apply (ITA) for a resident visa under the Investor 2 Category
     if:

     i     the information provided does not indicate the presence of any health or character
           issues which may adversely affect their ability to be granted a resident visa under the
           Investor 2 Category; and
     ii    a business immigration specialist considers that the person's claims in regards to:
         points for age, business experience, English language ability, investment funds; and
         settlement funds,
     which were the basis for selection from the Pool, are credible.

b.   A business immigration specialist may seek further evidence, information or submissions
     from a person whose EOI has been selected from the Pool, for the purpose of determining
     whether to issue them with an ITA under the Investor 2 Category.

c.   A business immigration specialist's decision to issue an ITA for a resident visa under the
     Investor 2 Category (based on information, evidence and submissions provided prior to
     application) does not guarantee:

     i     that the points claimed by the applicant will be awarded; or
     ii    a positive assessment in respect of health, character, English language, or any other
           requirements, of any subsequent application for a resident visa; or
     iii   that the person will be granted a resident visa.

d.   The selection of an EOI from the Pool may not result in an ITA for a resident visa under
     the Investor 2 Category.

e.   The issue of an ITA does not guarantee that a resident visa will be granted.
                                                                             Effective 29/11/2010

BJ5 Investor 2 Category (Summary of Requirements)

BJ5.1 Ability to apply
See also Immigration Act 2009 ss 57, 94
A person may only apply for a resident visa under the Investor 2 Category if:

a.   they have been issued with an Invitation to Apply (ITA) under the Investor 2 Category;
     and

b.   they apply for a resident visa under the Investor 2 Category within four months of the
     date of the letter in which that invitation is made; and

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c.   that ITA has not been revoked.
                                                                             Effective 29/11/2010

BJ5.5 Approval of applications under the Investor 2 Category

a.   Principal applicants under the Investor 2 Category are assessed against:

     i     age, health, character and English language requirements; and
     ii    investment and settlement fund requirements; and
     iii   business experience requirements.

b.   For an application under the Investor 2 category to be approved:

     i     the principal applicant and family members included in the application must meet
           health and character requirements; and
     ii    the principal applicant must qualify for the points on the basis of which their EOI was
           selected from the Pool; and
     iii   the principal applicant must be aged 65 years or younger; and
     iv    the principal applicant must have a minimum of three years of business experience;
           and
     v     the principal applicant must have a minimum overall band score of IELTS 3 for English
           language ability; and
     vi    the principal applicant must nominate investment funds and/or assets equivalent in
           value to at least NZ$1.5 million; and
     vii the principal applicant must nominate NZ$1 million of settlement funds; and
     viii the principal applicant must demonstrate ownership of the nominated funds and/or
          assets and that they have been legally earned or acquired.

c.   Despite BJ5.5(b)(ii) above, if a principal applicant does not qualify for the points for
     business experience and nominated investment funds on the basis of which their EOI was
     selected from the Pool (see BJ4.20), a business immigration specialist may, on a case by
     case basis, determine that the application may nevertheless be approved, where the
     principal applicant has satisfied a business immigration specialist that there was a
     reasonable basis for making the claim for points in the Expression of Interest and that in
     making that claim there was no fraud, or intent to provide false or misleading information.
                                                                             Effective 29/11/2010

BJ5.10 Health and character requirements

Applicants under the Investor 2 Category must meet health and character requirements (see
A4 and A5).
                                                                             Effective 29/11/2010

BJ5.15 English language requirements

a.   Principal applicants under the Investor 2 Category must meet a minimum standard of
     English (see BJ5.35).




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b.   Any partner or dependent children aged 16 years and over who are included in a Investor
     2 Category application must meet a minimum standard of English or pre-purchase ESOL
     tuition (see BF1.1).
                                                                            Effective 29/11/2010

BJ5.20 Investor 2 Category points system

a.   Age, business experience, English language ability, and nominated investment funds are
     assessed using a points system.

b.   An application for a resident visa under the Investor 2 Category will be declined if a
     principal applicant does not qualify for the points for business experience and nominated
     investment funds on the basis of which their Expression of Interest was selected from the
     Pool, unless BJ5.5(c) applies
                                                                            Effective 29/11/2010

BJ5.25 Age

a.   Principal applicants under the Investor 2 Category must be aged 65 years or younger at
     the time of application.

b.   A principal applicant's age under the Investor 2 Category qualifies for points as follows:
                                     Points
     Age       Points      Age
     60 - 65   0           42        18
     59        1           41        19
     58        2           40        20
     57        3           39        21
     56        4           38        22
     55        5           37        23
     54        6           36        24
     53        7           35        25
     52        8           34        26
     51        9           33        27
     50        10          32        28
     49        11          31        29
     48        12          30        30
     47        13          29        31
     46        14          28        32
     45        15          27        33
     44        16          26        34
                           25 or
     43        17          below     35




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BJ5.25.1 Evidence of age

Evidence of age may include, but is not limited to, original or certified copies of:

a.   a birth certificate; or

b.   a passport or other travel document; or

c.   an identity document (from countries which require these and where birth details are
     confirmed before the document is issued).
                                                                             Effective 29/11/2010

BJ5.30 Business experience

See previous instructions BJ5.30 Effective 29/11/2010


a.   Principal applicants must have a minimum of three years of recognised business
     experience.

b.   Recognised business experience qualifies for points as set out below:
     Business
     Experience
     years                  Points
     3                      9
     4                      12
     5                      15
     6                      18
     7                      21
     8                      24
     9                      27
     10+                    30

BJ5.30.1 Basic rules for business experience

a.   Business experience is recognised for the award of points if it is experience in planning,
     organisation, control, senior change-management, direction-setting and mentoring
     acquired through ownership of, or management level experience in, a lawful business
     enterprise that has at least five full-time employees or an annual turn-over of NZ$1
     million.

b.   A principal applicant is considered to own a business if they own at least 25 percent of a
     business.

c.   A lawful business enterprise is an organisation that:

     i    operates lawfully in a commercial environment with the goal of returning a profit; and
     ii   is not set up primarily for passive or speculative purposes.




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BJ5.30.5 Length of business experience

a.   The length of business experience is determined on the basis of full-time business
     experience of at least 30 hours per week. Credit for part-time business experience may be
     given on a proportional basis.

     Example: Business experience gained over eight years for 15 hours per week would equal
     four years' business experience based on a 30-hour week.

b.   Credit is given for 30 hour weeks only, even where a principal applicant has worked more
     than 30 hours in any week.


BJ5.30.10 Evidence of the principal applicant's business experience

a.   Documents submitted as evidence of the principal applicant's business experience must
     show the position(s) and the responsibilities held.

b.   Evidence of the principal applicant's business experience can include, but is not limited to,
     original or certified copies of the following documents as are necessary to allow a business
     immigration specialist to make a decision:

     i     business registration
     ii    company financial accounts
     iii   company tax returns and tax records
     iv    shareholder certificates or proof of ownership of business
     v     job specifications
     vi    job assessments
     vii personal tax returns
     viii letters of appointment
     ix    certificates of service
     x     strategic planning documents
     xi    references from employers on company letterhead, stating the occupation and dates
           of employment, and giving the contact phone number and address of the employer.

c.   A business immigration specialist may require additional documents, evidence and
     information as they consider necessary to determine an application.

d.   Evidence of part-time business experience includes that listed in paragraph (b) above, but
     must show actual weekly hours worked.

Note: Documents provided as evidence of business experience must, in combination,
demonstrate experience of all the elements contained within the requirements for recognition
of the business experience (see BJ5.30.1).

Note: New Zealand business experience must be lawfully gained.

                                                                            Effective 25/07/2011

BJ5.35 English language ability

a.   Principal applicants must have a minimum overall band score of IELTS 3 for English
     language ability.

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b.   English language ability qualifies for points as follows:
     IELTS overall        Points
     band score
     3                    1
     4                    4
     5+                   10

BJ5.35.1 Evidence of English language ability

a.   Unless claiming 10 points for IELTS 5 or more, Principal applicants must provide a
     certificate (no more than 2 years old at the time the application is lodged) from the
     International English Language Testing System (IELTS), which shows overall band scores
     of 3 or 4 or more in the IELTS General or Academic Module.

b.   Principal applicants claiming 10 points for IELTS 5 or more must provide one of the
     following:

     i     a certificate (no more than 2 years old at the time the application is lodged) from the
           International English Language Testing System (IELTS), which shows an overall band
           score of 5 or more in the IELTS General or Academic Module; or
     ii    evidence that they have an English-speaking background (see BF2.1) which is
           accepted by a business immigration specialist as meeting the standard of English for
           which 10 points can be awarded; or
     iii   other evidence which satisfies a business immigration specialist that, taking account of
           that evidence and all the circumstances of the application, the person meets the
           standard of English for which 10 points can be awarded. Evidence may include but is
           not limited to:
            the country in which the applicant currently resides;
            the country(ies) in which the applicant has previously resided;
            the duration of residence in each country;
            the nature of the applicant's current or previous employment (if any) and whether it
             required or was likely to have required skill in English language;
            the nature of the applicant's qualifications (if any) and whether the obtaining of
             those qualifications was likely to have required skill in English language.
c.   In any case under (b) (ii) or (iii), a business immigration specialist may require an
     applicant to provide an IELTS certificate in terms of paragraph (b)(i). In such cases, the
     IELTS certificate will be used to determine whether the applicant can be awarded 10 points
     for English language ability.

Note: IELTS is an international organisation that provides an assessment of ability in English.
Its General and Academic Modules provide band totals (test results) showing overall ability as
well as performance in listening, reading, writing and speaking.

                                                                             Effective 29/11/2010

BJ5.40 Investment funds

See previous instructions BJ5.40 Effective 29/11/2010


a.   The principal applicant must nominate a minimum of NZ$1.5 million to invest in New
     Zealand.




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b.   Points can be claimed for the amount of funds the principal applicant intends to invest in
     New Zealand.

c.   The principal applicant must:

     i     nominate funds and/or assets equivalent to the amount that they wish to invest in
           New Zealand; and
     ii    demonstrate ownership of the nominated funds and/or assets (see BJ5.40.1 below);
           and
     iii   demonstrate that the nominated funds and/or assets have been earned or acquired
           legally (see BJ5.40.1 (c) below).

d.   All invested funds must meet the conditions of an acceptable investment set out in BJ5.50.

e.   Investment funds qualify for points as follows:
     Investment                  Investment
     Amount                      Amount
     (NZ$M)     Points           (NZ$M)            Points
     $1.50            10         $5.75             95
     $1.75            15         $6                100
     $2               20         $6.25             105
     $2.25            25         $6.5              110
     $2.5             30         $6.75             115
     $2.75            35         $7                120
     $3               40         $7.25             125
     $3.25            45         $7.5              130
     $3.5             50         $7.75             135
     $3.75            55         $8                140
     $4               60         $8.25             145
     $4.25            65         $8.5              150
     $4.5             70         $8.75             155
     $4.75            75         $9                160
     $5               80         $9.25             165
     $5.25            85         $9.5              170
     $5.5             90         $9.75             175

BJ5.40.1 Ownership of nominated funds and/or assets

a.   Nominated funds and/or assets may be owned either:

     i     solely by the principal applicant; or
     ii    jointly by the principal applicant and partner 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

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     iii   jointly by the principal applicant and dependent children who are included in the
           resident visa application.
     If so, the principal applicant may claim the full value of such jointly owned funds or assets
     for assessment purposes.

b.   If nominated funds and/or assets are held jointly by the principal applicant and a person
     other than their partner or dependent child, the principal applicant may only claim the
     value of that portion of funds and/or assets for which they provide evidence of ownership.

c.   The principal applicant may only nominate funds and/or assets that they earned or
     acquired legally, including funds and/or assets which have been gifted to them
     unconditionally and in accordance with local law. Where nominated funds and/or assets
     have been gifted to the principal applicant a business immigration specialist must be
     satisfied that the funds and/or assets being gifted were earned lawfully by the person/s
     gifting the funds and/or assets.

d.   The nominated funds and/or assets must be unencumbered.

e.   The nominated funds and/or assets must not be borrowed.


BJ5.40.5 Definition of 'funds earned or acquired legally'

a.   Funds and/or assets earned or acquired legally are funds and/or assets earned or acquired
     in accordance with the laws of the country in which they were earned or acquired.

b.   Business immigration specialists have discretion to decline an application if they are
     satisfied that, had the funds and/or assets been earned or acquired in the same manner in
     New Zealand, they would have been earned or acquired contrary to the criminal law of
     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.

b.   Funds held in New Zealand must originally have been transferred to New Zealand through
     the banking system, or a foreign exchange company that uses the banking system from
     the country or countries in which they were earned or acquired legally, or have been
     earned or acquired legally in New Zealand.

BJ5.40.20 Evidence of the principal applicant's nominated funds and assets

a.   Principal applicants must provide evidence of net funds and/or assets to the value of the
     required investment funds.

b.   Principal applicants must provide evidence to the satisfaction of a business immigration
     specialist that the nominated funds and/or assets were earned or acquired legally.

c.   All documents provided as valuations of assets must be:


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     i     no more than three months old at the date the resident visa application is made; and
     ii    produced by a reliable independent agency.

d.   A business immigration specialist may seek further evidence if they:

     i     are not satisfied that the nominated funds and/or assets were earned or acquired
           legally; or
     ii    consider that the nominated funds and/or assets may have been gifted or borrowed;
           or
     iii   are not satisfied with the valuation provided; or
     iv    consider that the nominated funds and/or assets fail in some other way to meet the
           rules for investment funds.
                                                                            Effective 25/07/2011

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     solely by the principal applicant; or
     ii    jointly by the principal applicant and partner and/or dependent children (see R2.1.30)
           who are included in the resident visa application.

b.   The principal applicant may claim the full value of jointly owned funds or assets for
     assessment purposes provided a business immigration specialist is satisfied the principal
     applicant and partner have been living together for 12 months or more in a genuine and
     stable partnership (see R2.1.15, R2.1.15.1 (b) and R2.1.15.5 (a) (i)).

c.   If funds or assets are held jointly by the principal applicant and a person other than their
     partner or dependent child, the principal applicant may only claim the value of that portion
     of the funds or assets for which they provide evidence of ownership.


BJ5.45.15 Evidence of settlement funds

Evidence of settlement funds may include, but is not limited to:

a.   funds held in a New Zealand bank account(s); and/or

b.   funds held in an offshore bank account(s), together with evidence that the funds can be
     accessed from New Zealand; and/or


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c.    acceptable evidence of net assets (either in New Zealand or offshore).
                                                                                                                            Effective 29/11/2010

BJ5.50 Definition of ‘acceptable investment’

See previous instructions:
BJ5.50 Effective 25/07/2011
BJ5.50 Effective 29/11/2010


a.    An acceptable investment means an investment that:

      i      is capable of a commercial return under normal circumstances; and
      ii     is not for the personal use of the applicant(s) (see BJ5.50.1 below); and
      iii    is invested in New Zealand in New Zealand currency; and
      iv     is invested in lawful enterprises or managed funds (see BJ5.50.5) that comply with all
             relevant laws in force in New Zealand; and
      v      has the potential to contribute to New Zealand's economy; and
      vi     is invested in either one or more of the following:
               bonds issued by the New Zealand government or local authorities; or
               bonds issued by New Zealand firms traded on the New Zealand Debt Securities
                Market (NZDX); or
               bonds issued by New Zealand firms with at least a BBB- or equivalent rating from
                internationally recognised credit rating agencies (for example, Standard and Poor's);
                or
               equity in New Zealand firms (public or private including managed funds); or
               bonds issued by New Zealand registered banks; or
               equities in New Zealand registered banks; or
               residential property development(s) (see 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.

c.    A Business Immigration Specialist may consider bonds in finance companies as an
      acceptable investment where the finance company:

      i      is a wholly-owned subsidiary of,
      ii     raises capital solely for, and
      iii    has all its debt securities unconditionally guaranteed by
      a New Zealand Stock Exchange listed company or a local authority.

Note: The value of an investment is based on the net purchase price (for example, less any
accrued interest, commission, brokerage and/or trade levy), not on the face value of the
investment.


BJ5.50.1 Personal use of investment funds

Personal use includes investment in assets such as a personal residence, car, boat or similar.


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BJ5.50.5 Managed funds

a.    For the purposes of these instructions, managed funds are defined as either:

      i    a managed fund investment product offered by a financial institution; or
      ii   funds invested in equities that are managed on an investor's behalf by a fund manager
           or broker.

b.    In order to be acceptable as a form of investment managed funds must be invested only in
      New Zealand companies. Managed fund investments in New Zealand with international
      exposure are acceptable only for the proportion of the investment that is invested in New
      Zealand companies.

Example: Only 50 percent of a managed fund that equally invests in New Zealand and
international equities would be deemed to be an acceptable investment as set out in 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.    the residential property must be in the form of new developments on either new or
      existing sites; and

b.    the residential property(ies) cannot include renovation or extension to existing dwellings;
      and

c.    the new developments must have been approved and gained any required consents by any
      relevant regulatory authorities (including local authorities); and

d.    the purpose of the residential property investments must be to make a commercial return
      on the open market; and

e.    neither the family, relatives, nor anyone associated with the principal investor, may reside
      in the development; and

f.    the costs associated with obtaining any regulatory approval (including any resource or
      building consents) are not part of the principal applicant’s acceptable investments.
                                                                           Effective: 07/11/2011

BJ6 Summary of points for the Investor 2 category
                                  Points
Age        Points       Age
60 - 65 0               42        18
59         1            41        19
58         2            40        20
57         3            39        21
56         4            38        22
55         5            37        23
54         6            36        24



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53       7                35           25
52       8                34           26
51       9                33           27
50       10               32           28
49       11               31           29
48       12               30           30
47       13               29           31
46       14               28           32
45       15               27           33
44       16               26           34
                          25 or
43       17               below        35



Business
Experience
years                Points
3                    9
4                    12
5                    15
6                    18
7                    21
8                    24
9                    27
10+                  30



IELTS overall        Points
band score
3                    1
4                    4
5+                   10



Investment                     Investment
Amount                         Amount
(NZ$M)          Points         (NZ$M)       Points
$1.50           10             $5.75        95
$1.75           15             $6           100
$2              20             $6.25        105
$2.25           25             $6.5         110



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$2.5            30         $6.75           115
$2.75           35         $7              120
$3              40         $7.25           125
$3.25           45         $7.5            130
$3.5            50         $7.75           135
$3.75           55         $8              140
$4              60         $8.25           145
$4.25           65         $8.5            150
$4.5            70         $8.75           155
$4.75           75         $9              160
$5              80         $9.25           165
$5.25           85         $9.5            170
$5.5            90         $9.75           175



                                                                          Effective 29/11/2010

BJ7 Approval in principle and transfer of funds

BJ7.1 Aim and intent

The instructions regarding the nominated investment funds and/or assets and the method of
transfer of those funds to New Zealand are designed to ensure:

a.   the legitimacy and lawful ownership of the nominated funds and/or assets; and

b.   the direct transfer of the investment funds through a structured and prescribed process to
     guarantee ongoing legitimacy and lawful ownership of the funds invested in New Zealand.
                                                                          Effective 29/11/2010

BJ7.5 Approval in principle

Principal applicants who are assessed as meeting the requirements under either:

a.   the Investor 1 Category set out at BJ3 (b) i – iii; or

b.   the Investor 2 Category set out at BJ5.5(b) i - viii.

will be advised that:

     i    their application has been approved in principle; and
     ii   resident visas may be granted once they:
           provide acceptable evidence of having transferred and invested the nominated funds
            in accordance with the relevant instructions; and
           provide a New Zealand address at which they can be contacted by mail, after they
            arrive in New Zealand; and




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            pay any applicable migrant levy and, if applicable, submit evidence that any
             applicant aged 16 or over in the Investor 2 Category meets the English language
             requirement; and
     iii   resident visas will be granted subject to conditions under section 49(1) of the
           Immigration Act 2009.
                                                                               Effective 29/11/2010

BJ7.10 Transfer of the nominated investment funds

See previous instructions BJ7.10 Effective 29/11/2010


a.   When their application is approved in principle, the principal applicant will be required to
     transfer the nominated investment funds to New Zealand. These funds must:

     i     be the funds initially nominated, or the funds that result from the sale of the same
           assets as those initially nominated, in the resident visa application; or
     ii    be funds, in the case of the Investor 1 Category as agreed to by a business
           immigration specialist, secured against the nominated assets in the resident visa
           application and as approved in accordance with (b) below; and
     iii   be transferred through the banking system directly from the principal applicant's bank
           account(s) to New Zealand; or
     iv    be transferred by a foreign exchange company to New Zealand through the banking
           system. Business immigration specialists may not accept the transferred funds if the
           applicant cannot provide satisfactory evidence of the following:
            the nominated investment funds have been transferred to the foreign exchange
             company directly from the principal applicant’s bank account(s); and
            the nominated investment funds have not been transferred through the foreign
             exchange company contrary to the laws of New Zealand; and
            nominated investment funds transferred are traceable; and
            cash transactions were not made; and
            the foreign exchange company is not suspected of, or proven to have committed
             fraudulent activity or financial impropriety in any country it operates from or in.
b.   Under the Investor 1 Category, a business immigration specialist may consider, on a case
     by case basis, borrowed funds as acceptable investment funds where the principal
     applicant is able to demonstrate that:

     i     they own net assets equal or greater in value to the required investment amount; and
     ii    the borrowed investment funds will be from a bank or commercial lending institution
           acceptable to a business immigration specialist and will be secured against the assets
           identified under (i); and
     iii   it is not economically viable or practical to liquidate the nominated assets. eg sell a
           business.

c.   The investment funds that are transferred to New Zealand and subsequently into an
     acceptable investment must be from the same source of funds as nominated in the
     resident visa application.




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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.

                                                                           Effective 25/07/2011

BJ7.15 Evidence of the transfer of the nominated funds to New Zealand

a.   Acceptable evidence of the transfer of the nominated funds must be provided by way of
     the telegraphic transfer documentation together with a current bank statement showing
     the transfer(s).

b.   A business immigration specialist may request any other information to satisfy them that
     the above requirements have been met.
                                                                           Effective 29/11/2010

BJ7.20 Timeframe for investing funds in New Zealand

See previous instructions BJ7.20 Effective 29/11/2010


a.   Principal applicants must meet the requirements for transferring and investing the
     nominated funds within 12 months of the date of the letter advising of approval in
     principle.

b.   Applications for a resident visa must be declined if principal applicants do not present
     acceptable evidence of having transferred and invested the nominated funds within 12
     months (or up to a maximum of 24 months for Investor 1 applicants, or 18 months for
     Investor applicants if an extension is granted, see BJ7.20.1 below) from the date of
     approval in principle.


BJ7.20.1 Extending the timeframe for investing funds in New Zealand

a.   Principal applicants may request an extension to their transfer and investment period (see
     BJ7.20) for up to a further 12 months for Investor 1 applicants, or 6 months for Investor 2
     applicants.

b.   If a principal applicant wishes to request an extension to the timeframe for transferring
     and investing the nominated investment funds to New Zealand they must contact the
     Business Migration Branch of Immigration New Zealand within 12 months of the date of
     the letter advising of approval in principle and present evidence of reasonable attempts to
     transfer the nominated investment funds to New Zealand.

c.   Following a principal applicant’s presentation of evidence a business immigration specialist
     may:

     i    grant an extension to the transfer and investment period if they believe the evidence
          shows the principal applicant has made reasonable attempts to transfer and invest
          nominated investment funds within the 12 month time period; or




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     ii    decline to grant an extension to the transfer and investment period if they believe the
           principal applicant has not made reasonable attempts to transfer and invest
           nominated investment funds within the 12 month time period.
                                                                              Effective 25/07/2011

BJ7.25 When the investment period begins

a.   If the investment already meets the investment requirements, the required investment
     period begins on the date of the letter of advising approval in principle.

b.   If the investment is made after approval in principle, the required investment period will
     begin on the date the investment requirements are met.

c.   The date the investment period begins is specified in the letter to the successful principal
     applicant that advises the conditions on their resident visa (see BJ8.10).
                                                                              Effective 29/11/2010

BJ7.30 Evidence of the principal applicant's investment

a.   Principal applicants must submit the following information and documentation as evidence
     of having invested funds:

     i     the full name of the investor; and
     ii    the amount invested in New Zealand dollars; and
     iii   the date the investment was made; and
     iv    the type of investment (in the case of shares or bonds in companies, the names of the
           companies invested in and the number of shares or bonds purchased must be listed);
           and
     v     documentary evidence of the investment; and
     vi    a letter from a reliable independent professional (for example, a solicitor or chartered
           accountant), confirming that the funds have been invested.

b.   A business immigration specialist, at their discretion, may require any other form of
     evidence.
                                                                              Effective 29/11/2010

BJ7.40 Temporary visa to arrange transfer and/or investment of funds

See previous instructions BJ7.40 Effective 29/11/2010


a.   After approval in principle, and upon application, a work visa may be granted to allow the
     principal applicant to arrange the transfer to, and investment of funds in, New Zealand.

b.   The work visa will be granted with travel conditions allowing for multiple journeys to New
     Zealand for 12 months after approval in principle has been given. A further visa endorsed
     with travel conditions allowing for multiple journeys may be granted upon application for
     up to a further 12 months for Investor 1 applicants, or a further 6 months for Investor 2
     applicants (see BJ7.20).

c.   On application, visitor's visas may be granted for the same period to the principal
     applicant's partner and dependants (see WS2(c)).




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d.   Student visas may be granted for the same period on application to those of the principal
     applicant's dependants who wish to study, in accordance with current student instructions
     (see U8).
                                                                          Effective: 07/11/2011

BJ8 Resident visas

BJ8.1 Issue of resident visas

a.   Resident visas may only be granted once principal applicants have:

     i     met the transfer requirements set out at BJ7.10; and
     ii    placed the funds into an acceptable investment; and
     iii   paid any applicable migrant levy (see R5.90); and
     iv    paid any applicable ESOL tuition fee(s) (see BF3.15).

b.   Resident visas will be granted subject to conditions under section 49(1) of the Immigration
     Act 2009 in accordance with the instructions set out at BJ8.10.
                                                                          Effective 29/11/2010

BJ8.10 Resident visas subject to conditions under section 49(1) of the
Immigration Act
See also Immigration Act 2009 s 49
All resident visas granted under one of the Migrant Investment Categories must subject to the
following conditions under section 49(1) of the Immigration Act 2009:

a.   that the principal applicant retains an acceptable investment in New Zealand for a
     minimum of three years under the Investor 1 Category or four years under the Investor 2
     Category and spends a minimum period of time in New Zealand during the required
     investment period (see BJ8.15); and

b.   that the principal applicant informs the nearest branch of INZ of any changes of New
     Zealand address during the investment period; and

c.   that a principal applicant who was awarded 1 point for English language ability (IELTS 3)
     under the Investor 2 Category, must complete a minimum 20 hours of English language
     tuition with a New Zealand registered school or tertiary education provider as defined in
     the Education Act 1989 within the four year investment period; and

d.   at the two-year anniversary of the investment period, the principal applicant submits
     evidence that they:

     i     are retaining an acceptable investment in New Zealand; and
     ii    meeting minimum period of time in New Zealand requirements; and




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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.
                                                                           Effective 29/11/2010

BJ8.15 Section 49(1) condition: minimum period of time in New Zealand

See previous instructions:
BJ8.15 Effective 25/07/2010
BJ8.15 Effective 29/11/2010


As set out at BJ8.10(a), the principal applicant under each category of the Migrant Investment
Categories must spend a minimum period of time in New Zealand during the required
investment period. The time periods are:

a.   Investor 1 Category – 12 percent of each of the final two years of the three year
     investment period (44 days per year).

b.   Investor 2 Category – 40 percent of each of the final three years of the four year
     investment period (146 days per year).
                                                                          Effective: 07/11/2011

BJ8.20 Investment transfers during the investment period

Investment funds may be transferred from one investment to another during the investment
period, provided:

a.   the funds remain invested in New Zealand in New Zealand currency at all times during the
     investment period; and

b.   the investment of the funds continues, during the investment period, to meet all other
     requirements for investments.
                                                                           Effective 29/11/2010

BJ9 Section 49(1) conditions

BJ9.1 Reminder from Immigration New Zealand to provide evidence of
section 49(1) conditions being met

a.   Immigration New Zealand will attempt to contact the principal applicant:

     i    three months before the two-year anniversary; and
     ii   three months before the expiry of the required investment period requesting evidence
          that section 49(1) conditions are being met.

b.   The evidence must be provided no later than three months after the two-year anniversary
     and the expiry of the required investment period.
                                                                           Effective 29/11/2010

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.
                                                                           Effective 29/11/2010


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BJ9.10 Retention of acceptable investment

a.   The principal applicant will need to show that they have retained an acceptable investment
     in New Zealand for the required investment period.

b.   Suitable evidence will include documentation from a reliable independent professional (for
     example, a solicitor or chartered accountant) stating:

     i     the full name of the investor; and
     ii    the amount invested; and
     iii   the date the investment was lodged; and
     iv    the type of investment (in the case of shares or bonds, the names of the companies
           invested in and the number of shares or bonds purchased must be listed); and
     v     confirmation that the funds were invested in New Zealand for the full investment
           period or, if transferred, the date of lodgement and withdrawal of the investment.

c.   If the principal applicant has established or purchased a shareholding or bonds in more
     than one business this information should be provided for each of the businesses.

d.   If the principal applicant has transferred funds between several organisations during the
     investment period, principal applicants should provide letters from every organisation they
     have invested with. Lodgement and withdrawal dates will be checked to ensure that funds
     have been held continuously in New Zealand for the required investment period.

e.   A business immigration specialist may request any other information in order to be
     satisfied that the above requirements have been met.

f.   Evidence that the requirements have been met includes:

     i     submission of the evidence required by paragraphs (b) to (f) no later than three
           months after the two-year anniversary and the expiry date of the required investment
           period; and
     ii    subsequent written confirmation on file (by a business immigration specialist) that the
           investment requirements have been met.
                                                                            Effective 29/11/2010

BJ9.15 Minimum period of time spent in New Zealand

The principal applicant is considered to have met the time in New Zealand requirement if they
have been in New Zealand as a resident for the length of time specified under BJ8.15.

Note: At the two-year anniversary of the investment period, the principal applicant must have
met the required minimum amount of time in New Zealand for the preceding 12 month period.

                                                                            Effective 29/11/2010

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.



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b.   Suitable evidence can include a certificate of course completion.
                                                                             Effective 29/11/2010

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.
                                                                             Effective 29/11/2010

BJ9.30 Compliance with section 49(1) conditions

a.   When the principal applicant has satisfied an immigration officer that they have met the
     section 49(1) conditions at the two-year anniversary of the investment period will be
     eligible for a variation of travel conditions to allow travel for a further two years (RV3.15).

b.   When the principal applicant has satisfied an immigration officer at the end of the required
     investment period, that the conditions on their resident visa under section 49(1) have
     been complied with, those requirements will be cancelled and the officer will advise the
     applicant in writing.
                                                                             Effective 29/11/2010




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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.
                                                                            Effective 29/11/2010

BL2 Summary of requirements

a.   For an application under the Entrepreneur Plus Category to be approved:

     i     the principal applicant and family members included in the application must meet
           health and character requirements (see A4 and A5); and
     ii    the principal applicant must hold a Long Term Business Visa; and
     iii   the principal applicant and family members over 16 years must meet minimum English
           language requirements (see BL4); and
     iv    the principal applicant must transfer NZ$0.5 million to New Zealand (see BL5).
     v     the principal applicant must have successfully established a business in New Zealand
           (see BL6).
                                                                            Effective 29/11/2010

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
     ii    the business is different from a business proposal (including a business proposal
           subsequently modified with the consent of a business immigration specialist) in
           respect of which the applicant was granted a work visa.

b.   Applications under the Entrepreneur Plus Category will also be declined if the principal
     applicant and any partner or dependent child applied for and was granted welfare
     assistance under the Social Security Act 1964 while in New Zealand during the currency of
     their temporary visas (or permits granted under the Immigration Act 1987).

c.   Notwithstanding (a) above, where an application otherwise meets all requirements for
     approval, a business immigration specialist may approve the application when they are
     satisfied that:

     i     the business that has been established would have met the requirements for a
           business plan under Long Term Business Category; and




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     ii    the applicant has relevant experience for the new business.
                                                                             Effective 29/11/2010

BL4 English language requirements

a.   Principal applicants in the Entrepreneur Plus Category must have a minimum overall band
     score of IELTS 4 for English language ability (see BF2).

b.   Any partner or dependent children aged 16 years and over who are included in the
     application must meet the minimum standard of English above or pre-purchase ESOL
     tuition (see BF1.1).
                                                                             Effective 29/11/2010

BL5 Transfer of investment capital

a.   If they have not done so previously under the Long Term Business Category, the principal
     applicant must provide evidence of the transfer of NZ$0.5 million of investment capital, as
     stated in the business plan, through the banking system direct from the principal
     applicant's bank account(s) to New Zealand.

b.   Borrowed capital is acceptable where the principal applicant is able to demonstrate that:

     i     they own net assets equal or greater in value to the proposed investment amount; and
     ii    the borrowed investment capital is from a bank or commercial lending institution and
           is secured against the assets identified under (i).
                                                                             Effective 29/11/2010

BL6 Successful establishment of a business in New Zealand

a.   A principal applicant will be considered to have successfully established a business in New
     Zealand if:

     i     they have established or purchased, or made a substantial investment in a business
           operating in New Zealand; and
     ii    they have been self-employed in New Zealand in that business since meeting (i); and
     iii   they have invested at least NZ$0.5 million into the business as set out at (i); and
     iv    they have created a minimum of three full-time positions for New Zealand citizens or
           residents in that business; and
     v     the business complies with employment and immigration law (see BL6.10).
                                                                             Effective 29/11/2010

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).


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b.   For the avoidance of doubt, self-employment does not include involvement of a passive or
     speculative nature.


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.
                                                                             Effective 29/11/2010

BL6.10 Compliance with employment and immigration law

a.   Businesses established in New Zealand must comply with all relevant employment and
     immigration law in force in New Zealand. Compliance with relevant New Zealand
     employment and immigration law includes but is not limited to:

     i     paying employees no less than the appropriate minimum wage; and
     ii    meeting holiday and special leave requirements or other minimum statutory criteria,
           eg occupational safety and health obligations; and
     iii   only employing people who have authority to undertake that work under the
           Immigration Act 2009.

b.   Despite (a) above, where an application otherwise meets all requirements for approval and
     there is an incident of non-compliance with any relevant employment or immigration law
     in force in New Zealand, a business immigration specialist may nevertheless approve the
     application where:

     i     they are satisfied that the breach of requirements is of a minor nature; and
     ii    evidence is provided that satisfies the business immigration specialist that the cause
           and consequences of the breach have been remedied.

c.   To determine the nature of a breach, the business immigration specialist may consult with
     Workplace Employment Relations, Workplace Health & Safety, and/or the Accident
     Compensation Corporation.
                                                                             Effective 29/11/2010

BL7 Evidence of requirements

BL7.1 Evidence of transfer of investment capital

a.   Evidence of transferring investment capital to New Zealand through the banking system
     may include but is not limited to:

     i     telegraphic transfer forms
     ii    other documents, evidence and information the business immigration specialist
           considers may demonstrate the transfer of investment capital to New Zealand through
           the banking system.
                                                                             Effective 29/11/2010

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).

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b.   Evidence that the principal applicant has established a business in New Zealand may
     include, but is not limited to:
     •   a Certificate of Incorporation
     •   financial accounts
     •   GST records
     •   New Zealand Companies Office annual returns
     •   shareholding records
     •   other tax records
c.   The business immigration specialist may request any other documents to support the
     application.
                                                                             Effective 29/11/2010

BL7.10 Evidence of investment amount

a.   Suitable evidence of the investment amount can include, but is not limited to, original or
     certified copies of the following:
     •   a sales and purchase agreement
     •   shareholder certificates
     •   financial transfer documentation
b.   The business immigration specialist may request any other documents to support the
     application.
                                                                             Effective 29/11/2010

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
                                                                             Effective 29/11/2010

BL8 Approval in principle

Principal applicants who meet the criteria of the Entrepreneur Plus Category will be advised
that:

a.   their application has been approved in principle; and

b.   resident visas may be granted once the following requirements have been met:

     i   the principal applicant pays any applicable migrant levy; and


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     ii    the principal applicant submits evidence that they and any partner or dependent
           children aged 16 or over meets the English language requirements (see BF1.1); and

c.   where resident visas are granted they will be subject to conditions under section 49(1) of
     the Immigration Act 2009 (see BL9.1).
                                                                              Effective 29/11/2010

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.
                                                                              Effective 29/11/2010

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.
                                                                              Effective 29/11/2010

BL9.1 Resident visas subject to conditions
Seea also Immigration Act 2009 s 49
a.   All resident visas granted under the Entrepreneur Plus Category must impose the following
     conditions on the visa holders, under section 49(1) of the Immigration Act 2009:

     i     the principal applicant must be self employed in the business for a minimum of two
           years (inclusive of time spent operating the business while holding a Long Term
           Business Visa); and
     ii    the principal applicant must retain the investment and maintain the created jobs in the
           established business for a minimum of two years (inclusive of time spent operating
           the business while holding a Long Term Business Visa); and
     iii   the principal applicant informs the nearest branch of INZ of any changes of New
           Zealand address during the period the conditions have been imposed on their resident
           visa.

     Note: The created jobs must be in addition to the self employment of the principal applicant
     and, if applicable, their partner.

b.   Any accompanying partner and dependent children of a principal applicant granted with a
     resident visa will be subject to the condition that the principal applicant complies with the
     conditions of their visa.

BL9.1.5 Resident visas subject to conditions

Principal applicants are advised of the conditions their resident visa is subject to in a letter that
states:

a.   the conditions; and

b.   that failure to comply with the conditions may result in the visa holder becoming liable for
     deportation under section 159 of the Immigration Act 2009.




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BL9.1.10 Reminder from Immigration New Zealand to provide evidence of conditions
being met

a.   Immigration New Zealand will attempt to contact the principal applicant three months
     before the expiry of the conditions period requesting evidence that conditions are being
     met.

b.   The evidence must be provided no later than three months after the expiry of the
     conditions.


BL9.1.15 Meeting conditions

a.   The principal applicant will need to show that they have:

     i    been self employed in the business for at least two years (inclusive of time spent
          operating the business while holding a Long Term Business Visa); and
     ii   retained the investment and maintained the created three full-time positions for New
          Zealand citizens or residents in the established business for at least two years
          (inclusive of time spent operating the business while holding a Long Term Business
          Visa).

b.   Notwithstanding (a) (ii) above, where the principal applicant fails to retain the investment
     and/or maintain the created three full-time positions in the established business, a
     business immigration specialist may consider, on a case by case basis, whether the failure
     was beyond the control of the principal applicant (eg unforeseen economic conditions) and
     if satisfied that this was the case, may consider the conditions met.

c.   Suitable evidence to prove that the principal applicant has met the conditions (see BL9.1)
     must be produced by a reliable independent agency or professional (for example, a
     solicitor or chartered accountant) and can include, but is not limited to, original or certified
     copies of the following documents:

     •    a Certificate of Incorporation
     •    financial accounts
     •    GST records
     •    other tax records
     •    employment agreements/contracts
     •    IRD Employee schedules
     •    payslips
     •    job specifications
     •    letters of appointment
     •    evidence of employees New Zealand citizenship or resident status (for example:
          passport, birth certificate)
     •    property purchase or lease documents relating to the business' site
     •    invoices for business equipment and supplies
     •    other documents, evidence and information a business immigration specialist
          considers may demonstrate reasonable steps taken to maintain the business as a
          going concern (eg employment agreements, bank statements, utility company
          invoices).




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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.
                                                                           Effective 29/11/2010




                                                                                             16-7
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
F4 Parent Category (to 16/05/2012)......................................... 21-1
F5 Dependent Child Category .................................................. 22-1
F6 Sibling and Adult Child Category (to 16/05/2012) ................... 22-7
F7 Inter-country adoption ....................................................... 23-1




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F1 OBJECTIVE
The objectives of the Family Categories are to:

a.   strengthen families and communities, while reinforcing the Government's overall
     objectives in immigration instructions; and

b.   contribute to New Zealand's economic transformation and social development.
                                                                        Effective 29/11/2010




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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.

                                                                              Effective 29/11/2010

F2.5 How do partners of New Zealand citizens and residents qualify for a
residence class visa?

See previous instructions F2.5 Effective 29/11/2010


a.   To be granted a residence class visa under Partnership Category applicants must provide
     sufficient evidence to satisfy an immigration officer that they have been living together for
     12 months or more in a partnership that is genuine and stable with a New Zealand citizen
     or resident.

b.   For the purpose of these instructions 'partnership' means:

     i     a legal marriage; or
     ii    a civil union (whether opposite or same sex); or
     iii   a de facto relationship (whether opposite or same sex)
     and 'partner' means one of the parties to such a partnership indicated in (i), (ii) and (iii)
     above.

c.   In each case the onus of proving that the partnership on which the application is based is
     genuine and stable lies with the principal applicant and their New Zealand partner.

d.   An application under Partnership Category will be declined if:

     i     the application is not supported by an eligible New Zealand citizen or resident partner;
           or
     ii    an immigration officer is not satisfied that the partnership on which the application is
           based is genuine and stable; or
     iii   the application is based on marriage or a civil union to a New Zealand citizen or
           resident and either that New Zealand citizen or resident, or the principal applicant is
           already married to or in a civil union with another person; or
     iv    both the principal applicant and the New Zealand citizen or resident partner cannot
           satisfy an immigration officer they comply with the minimum requirements for
           recognition of partnerships (see F2.15); or
     v     the applicant(s) does not meet health and character requirements (see A4 and A5).

e.   Applications for residence under Partnership Category will also be declined if the principal
     applicant was a partner to the eligible New Zealand partner but not declared on the eligible
     New Zealand partner’s application for a residence class visa (if applicable), unless an
     immigration officer is satisfied the non-declaration occurred with:

     i     no intention to mislead; and


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     ii    would not have resulted in a different outcome in the eligible New Zealand partner’s
           application.
       If both these clauses are met, an immigration officer should continue to assess the
       application and may approve it if all other requirements are met.

     Note: Notwithstanding (e) above, officers should not decline an application on the basis of
     this provision without first providing the principal applicant an opportunity to explain the
     non-declaration in accordance with R5.15 Explaining discrepancies in family details.

F2.5.1 Eligibility for a permanent resident visa for partners of New Zealand citizens
living overseas

a.   A principal applicant may be granted a permanent resident visa (RA1.5) if:

     i     they meet all the other criteria for a residence class visa under the Partnership
           Category; and
     ii    they have a New Zealand citizen partner who has been residing outside New Zealand
           for a period of at least five years at the time the application is made; and
     iii   the couple have been living together in a genuine and stable relationship for at least
           five years at the time the application is made.

b.   To meet the requirements of a(ii) above, the New Zealand citizen partner must either be

     i     outside New Zealand at the time the application is made; or
     ii    have been in New Zealand for less than three months after residing outside New
           Zealand for at least five years at the time the application is made.

c.   For the purposes of these instructions, residing outside New Zealand means spending less
     than 3 months in New Zealand in each of the five 12 month periods immediately preceding
     either:

     i     the date the application is made (if the application was made outside New Zealand);
           or
     ii    the date the New Zealand citizen partner arrived in New Zealand (if the application
           was made in New Zealand.

d.   Any secondary applicants included in an application where the principal applicant is eligible
     for a permanent resident visa under these instructions may also be granted a permanent
     resident visa (RA1.5).

e.   Any applicants who do not meet the criteria set out in this section but who meet all other
     requirements of the Partnership Category should be granted a resident visa (RA1.1)
                                                                             Effective: 07/11/2011

F2.10 Definitions

F2.10.1 Definition of 'genuine and stable' partnership

a.   A partnership is genuine and stable if an immigration officer is satisfied that it:

     i     is genuine, because it has been entered into with the intention of being maintained on
           a long-term and exclusive basis; and
     ii    is stable, because it is likely to endure.



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F2.10.2 Definition of the ‘New Zealand partner’

For the purposes of the Partnership Category, the New Zealand partner is the New Zealand
citizen or resident who is supporting an application for a residence class visa made by their
non-New Zealand citizen or resident partner.


F2.10.5 Definition of 'New Zealand resident' for the purposes of partnership category

a.   New Zealand resident means a person who:

     i     holds, or is deemed to hold, a current New Zealand residence class visa; or
     ii    holds a valid Australian passport.

b.   Despite (a) above, the following people are defined as New Zealand residents for the
     purposes of Partnership Category only where an immigration officer is satisfied that New
     Zealand is their primary place of established residence at the time the application under
     Partnership is made and at the time of assessment of the application:

     i     holders of valid Australian passports who do not hold a current New Zealand residence
           class visa;
     ii    holders of current New Zealand residence class visas that have been granted on the
           basis that the person is the holder of a current Australian permanent residence visa,
           or a current Australian resident return visa.

c.   Where (b) applies, evidence must be provided that the eligible New Zealand partner’s
     primary place of established residence is New Zealand. The evidential requirements are set
     out at F2.20.5.


F2.10.10 Definition of ‘eligible to support an application for a residence class visa’ for
the purposes of Partnership Category

a.   To be eligible to support an application for a residence class visa under the Partnership
     Category, the New Zealand partner must:

     i     meet the character requirement for partners supporting applications made under the
           Partnership Category as set out at R5.95; and
     ii    have not previously supported more than one other successful principal applicant
           under Partnership Category; and
     iii   have not supported any other successful principal applicant under Partnership
           Category in the five years immediately preceding the date the current application is
           made; and
     iv    not, in the seven years prior to the date the application is made, have been the
           perpetrator of an incident of domestic violence which has resulted in the grant of a
           resident visa to a person under the category for victims of domestic violence (see
           S4.5).

b.   If the New Zealand partner was previously a successful principal applicant under
     Partnership Category then they will be considered to be eligible only if:

     i     at least five years have elapsed since the date he or she was granted residence under
           the Partnership Category at the time the current application is made; and
     ii    he or she has not supported any other successful principal applicant under the
           Partnership Category.




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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.

                                                                             Effective 29/11/2010

F2.15 Minimum requirements for the recognition of partnerships

Partnerships will only be recognised for the purposes of these instructions if:

a.   the couple are both aged 18 years or older at the time that the application for a residence
     class visa was lodged; or

b.   (if one or both of the parties to the partnership are aged 16 years or older but are less
     than 18 years of age at the time their application for a residence class visa is lodged), they
     have the support of the parent(s) or guardian(s) of that (those) party(ies); and

c.   the couple have met prior to the date the application under these instructions is made;
     and

d.   the couple are not close relatives.

Note: For the purposes of these instructions relationships between close relatives are
considered to be:

i. relationships specified as "forbidden marriages" under Schedule 2 of the Marriage Act 1955
set out below and
ii. relationships specified as "prohibited degrees of civil union" under Schedule 2 of the Civil
Union Act 2004 as set out below; and
iii de facto relationships equivalent to the provisions under Schedule 2 of the Marriage Act
1955 and under Schedule 2 of the Civil Union Act 2004 as set out below




Forbidden Marriages - Schedule 2 of the Marriage Act 1955


A man may not marry his:                   A woman may not marry her:
Grandmother        Sister                  Grandfather             Brother
Grandfather's      Son's daughter          Grandmother's           Son's son
wife                                       husband
Wife's             Daughter's daughter     Husband's grandfather Daughter's son
grandmother
Father's sister    Son's son's wife        Father's brother        Son's daughter's
                                                                   husband
Mother's sister    Daughter's son's wife Mother's brother          Daughter's
                                                                   daughter's husband
Mother             Wife's son's daughter Father                    Husband's son's son
Stepmother         Wife's daughter's       Stepfather              Husband's
                   daughter                                        daughter's son



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Wife's mother      Brother's daughter         Husband's father     Brother's son
Daughter           Sister's daughter          Son                  Sister's son
Wife's daughter                               Husband's son
Son's wife                                    Daughter's husband

Note:

~ This applies to any relationship whether the relationship is by the whole blood or by the half
blood.

~ Unless the context otherwise requires, the term 'wife' means a former wife, whether she is
alive or deceased, and whether her marriage was terminated by death or divorce or otherwise;
and the term 'husband' has a corresponding meaning.




Prohibited Degrees of Civil Union - Schedule 2 of the Civil Union Act 2004
1. Person A and person B are within the prohibited degrees of civil union if person A is person
   B's
     •   Grandparent
     •   Parent
     •   Child
     •   Grandchild
     •   Sibling
     •   Parent's sibling
     •   Sibling's child
     •   Grandparent's spouse or civil union partner
     •   Parent's spouse or civil union partner
     •   Spouse's or civil union partner's parent
     •   Spouse's or civil union partner's grandparent
     •   Spouse's or civil union partner's child
     •   Child's spouse or civil union partner
     •   Grandchild's spouse or civil union partner
     •   Spouse's or civil union partner's grandchild
2. The prohibited degrees of civil union apply whether the relationships described are by the
   whole blood or by the half blood.
                                                                           Effective 29/11/2010

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

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            is eligible to support an application under partnership instructions ( see F2.10.10);
             and
     ii    the principal applicant and their New Zealand citizen or resident partner are living
           together in a partnership that is genuine and stable.

b.   Factors that have a bearing on whether two people are living together in a partnership
     that is genuine and stable include but are not limited to:

     i     the duration of the parties relationship;
     ii    the existence, nature, and extent of the parties' common residence;
     iii   the degree of financial dependence or interdependence, and any arrangements for
           financial support, between the parties;
     iv    the common ownership, use, and acquisition of property by the parties;
     v     the degree of commitment of the parties to a shared life;
     vi    children of the partnership, including the common care and support of such children by
           the parties;
     vii the performance of common household duties by the partners; and
     viii the reputation and public aspects of the relationship.

c.   The items listed in F2.20.1 to F2.20.15 below are examples of relevant evidence; other
     documents may also be relevant.


F2.20.1 Evidence that partner is New Zealand citizen or resident

a.   Evidence that a partner is a New Zealand citizen may include but is not limited to original
     or certified copies of:

     i     New Zealand passport; or
     ii    a New Zealand birth certificate issued prior to 1 January 2006; or
     iii   a New Zealand birth certificate issued on or after 1 January 2006 that positively
           indicates New Zealand citizenship; or
     iv    a certificate of New Zealand citizenship; or
     v     a confirmation of New Zealand citizenship by descent certificate issued under the
           Citizenship Act 1977; or
     vi    an evidentiary certificate issued under the Citizenship Act 1977 confirming New
           Zealand citizenship.

b.   Evidence that a partner is a New Zealand resident may include but is not limited to original
     or certified copies of:

     i     a current resident visa or permanent resident visa; or
     ii    evidence that the partner is deemed to hold a resident visa or permanent resident
           visa; or
     iii   a valid Australian passport.

F2.20.5 Evidence that New Zealand is the primary place of established residence

a.   Evidence that New Zealand is the New Zealand partner’s primary place of established
     residence may include but is not limited to original or certified copies of:

     •     correspondence addressed to the sponsor

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     •     employment records
     •     records of benefit payments from the Ministry of Social Development
     •     banking records
     •     rates demands
     •     Inland Revenue records
     •     mortgage documents
     •     tenancy and utility supply agreements
     •     documents showing that the New Zealand partner’s household effects have been
           moved to New Zealand.
b.   The presence or absence of any of the documents listed above is not determinative. Each
     case will be decided on the basis of all the evidence provided.


F2.20.10 Evidence of support by New Zealand citizen or resident partner

A principal applicant must provide a Partnership Support Form for Residence (INZ 1178)
which:

a.   confirms that the New Zealand partner is a New Zealand citizen or resident; and

b.   confirms support for the application; and
     •     includes a declaration that the New Zealand partner:
     •     is eligible to support a partnership application (see F2.10.10); and
     •     is in a partnership with the principal applicant that meets the minimum requirements
           for recognition of partnerships (see F2.15).

F2.20.15 Evidence of living together in partnership that is genuine and stable

a.   Evidence that the principal applicant and partner are living together may include but is not
     limited to original or certified copies of documents showing shared accommodation such
     as:

     i     joint ownership of residential property
     ii    joint tenancy agreement or rent book or rental receipts
     iii   correspondence (including postmarked envelopes) addressed to both principal
           applicant and partner at the same address.

b.   If a couple has been living separately for any period during their partnership, they should
     provide evidence of the length of the periods of separation, the reasons for them, and how
     their relationship was maintained during the periods of separation, such as letters,
     itemised telephone accounts or e-mail messages.

c.   Evidence about whether the partnership is genuine and stable may include but is not
     limited to, original or certified copies of documents and any other information such as:

     i     a marriage certificate for the parties;
     ii    a civil union certificate for the parties;
     iii   birth certificates of any children of the parties;
     iv    evidence of communication between the parties;
     v     photographs of the parties together;
     vi    documents indicating public recognition of the partnership;

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     vii evidence of the parties being committed to each other both emotionally and
          exclusively such as evidence of:
           joint decision making and plans together
           sharing of parental obligations
           sharing of household activities
           sharing of companionship/spare time
           sharing of leisure and social activities
           presentation by the parties to outsiders as a couple.
     viii evidence of being financially interdependent such as evidence of
           shared income
           joint bank accounts operated reasonably frequently over a reasonable time
           joint assets
           joint liabilities such as loans or credit to purchase real estate, cars, major home
            appliances
           joint utilities accounts (electricity, gas, water, telephone)
           mutually agreed financial arrangements.
d.   The presence or absence of any of the documents, information or evidence listed above is
     not determinative. Each case will be decided on the basis of all the evidence provided.
     Evidence about these matters may also be obtained at interview and can be considered up
     until the date of final decision.
                                                                             Effective 29/11/2010

F2.25 Verification

F2.25.1 Interviews

a.   Immigration officers will usually conduct an interview with both the principal applicant and
     their partner to determine whether the couple is living together in a partnership that is
     genuine and stable.

b.   Interviews may be waived if an immigration officer is satisfied without an interview that
     the couple is living together in a partnership that is genuine and stable.

c.   Immigration officers may also make home visits and conduct interviews with any other
     person relevant to the application. Additional interviews may also be conducted during
     and/or at the end of any deferral period (see F2.35) to determine whether the couple is
     still living together in a partnership that is genuine and stable.

d.   Home visits may only be made between the hours of 7.00 am and 9.00 pm so long as the
     time of the visit is reasonable in the circumstances.




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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).
                                                                              Effective 29/11/2010

F2.30 Determining if the couple is living together in a partnership that is
genuine and stable

a.   When determining if the couple is living together in a partnership that is genuine and
     stable the immigration officer will take into account those factors set out at F2.20(b) and
     must consider, and be satisfied, there is sufficient proof, (from documents, other
     corroborating evidence, or interviews) of all four of the following elements:

     i     'Credibility': the principal applicant and the partner both separately and together, must
           be credible in any statements made and evidence presented by them.
     ii    'Living together': the principal applicant and partner must be living together unless
           there are genuine and compelling reasons for any period(s) of separation (see
           F2.30.1).
     iii   'Genuine partnership': the principal applicant and partner must both be found to be
           genuine as to their:
            reasons for marrying, entering a civil union or entering into a de facto relationship;
             and
            intentions to maintain a long term partnership exclusive of others.
     iv    'Stable partnership': the principal applicant and partner must demonstrate that their
           partnership is likely to endure.

b.   A residence class visa must not be granted unless the immigration officer is satisfied,
     having considered each of the four elements in (a) above (both independently and
     together) that the couple is living together in a partnership that is genuine and stable.

Note: The onus of satisfying an immigration officer that the partnership is genuine and stable
lies with the principal applicant and their partner (see F2.5(c)).


F2.30.1 Assessment of periods of separation

a.   If a principal applicant and their partner have lived apart for periods during their
     partnership, the application should not automatically be declined. Instead, immigration
     officers should determine whether there are genuine and compelling reasons for any
     period(s) of separation.

b.   Determining whether there are genuine and compelling reasons will depend on the
     circumstances in each case, and may require consideration of:

     •     either partner's family, education or employment commitments;
     •     the duration of the partnership and the length of time the couple has spent apart;




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     •   the extent to which the couple has made efforts to be together during the time apart.
                                                                              Effective 29/11/2010

F2.35 Deferring the final decision if the partnership is genuine and stable but
less than 12 months duration

a.   An application can only be deferred if the applicant has been assessed as living together in
     a genuine and stable partnership with their New Zealand citizen or resident partner but the
     12 month qualifying period has not been met.

b.   If, after assessing an application, an immigration officer is satisfied the couple are living
     together in a partnership that is genuine and stable, but the duration of that partnership is
     less than the 12 months required, (see F2.5(a)) they may defer the final decision to
     enable the qualifying period to be met.

c.   If the principal applicant wishes to be in New Zealand with their partner during the deferral
     period, they may be granted a work visa (once an application has been made) for a period
     sufficient to enable the qualifying period to be met and any further assessment of their
     residence class visa application to be completed.
                                                                              Effective 29/11/2010

F2.40 General rules

F2.40.1 English language requirements

a.   If a principal applicant was eligible to be included as a partner of a principal applicant in an
     earlier successful application under the General Skills Category, Skilled Migrant Category,
     Business Immigration Instructions or previous Business Investor Category, but was not at
     that time included in the application, they will have to meet the criteria of the English
     language instructions applicable at the time the application under Partnership Category is
     made.

b.   Such an applicant will be subject to the applicable English language instructions as if they
     were a non-principal applicant under the Skilled Migrant Category or Business Immigration
     Instructions.

c.   A principal applicant who would have been eligible for inclusion in an earlier General Skills
     Category or Skilled Migrant Category application will be subject to the English language of
     the Skilled Migrant Category applicable at the time the application under Partnership
     Category is made.

d.   A principal applicant who would have been eligible for inclusion in an earlier Business
     Investor category or Business Immigration Instructions application will be subject to the
     English language requirements of Business Immigration Instructions applicable at the time
     the application under Partnership Category is made.


F2.40.5 Application under Partnership Category of person eligible for inclusion in an
earlier Family Quota, Refugee Family Support Category, Samoan Quota Scheme or
Pacific Access Category registration

If the principal applicant in an application under Partnership Category was eligible for inclusion
in a successful registration under the Family Quota, the Refugee Family Support Category,
Samoan Quota Scheme or the Pacific Access Category, but was not included, they must not
subsequently be granted residence under Partnership Category.



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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).
                                                                          Effective 29/11/2010




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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.
                                                                             Effective 29/11/2010

F3.5 Parent Retirement Category requirements

a.   For an application to be approved under the Parent Retirement Category the principal
     applicant must:

     i     nominate funds and/or assets equivalent in value to at least NZ$1 million and
           undertake to invest them in New Zealand for a period of four years; and
     ii    demonstrate ownership of these funds and/or assets and that they have been legally
           earned or acquired; and
     iii   transfer and place the funds in an acceptable investment in accordance with the
           instructions at F3.10.25; and
     iv    nominate NZ$0.5 million of settlement funds and demonstrate ownership of these
           funds and/or assets; and
     v     demonstrate an annual income of at least NZ$60,000; and
     vi    meet the Family requirements as set out at F3.20.

b.   The principal applicant and any secondary applicant included in the application must meet
     health and character requirements (see A4 and A5).
                                                                             Effective 29/11/2010

F3.10 Investment funds

See previous instructions:
F3.10 Effective 07/11/2011
F3.10 Effective 25/07/2011
F3.10 Effective 29/11/2010


a.   The principal applicant must invest a minimum of NZ$1 million in New Zealand for a period
     of four years.

b.   The principal applicant must:

     i     nominate funds and/or assets equivalent in value to NZ$1 million; and
     ii    demonstrate ownership of these funds and/or assets.

c.   All invested funds must meet the conditions of an acceptable investment as set out under
     F3.10.25.


F3.10.1 Ownership of nominated funds and/or assets

a.   Nominated funds and/or assets may be owned either:

     i     solely by the principal applicant; or
     ii    jointly by the principal applicant and partner who are included in the resident visa
           application, provided a business immigration specialist is satisfied the principal

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          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, the principal applicant may only claim the value of that portion of
     funds and/or assets for which they provide evidence of ownership.

c.   The principal applicant may only nominate funds and/or assets that they earned or
     acquired legally, including funds and/or assets which have been gifted (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.

d.   The nominated funds and/or assets must be unencumbered.

e.   The nominated funds and/or assets must not be borrowed.

     Note: New Zealand-based funds or assets cannot be gifted under these instructions.

F3.10.5 Definition of 'funds earned or acquired legally'

a.   Funds and/or assets earned or acquired legally are funds and/or assets earned or acquired
     in accordance with the laws of the country in which they were earned or acquired.

b.   Business immigration specialists have discretion to decline an application if they are
     satisfied that, had the funds and/or assets been earned or acquired in the same manner in
     New Zealand, they would have been earned or acquired contrary to the criminal law of
     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.

b.   Funds held in New Zealand must originally have been transferred to New Zealand through
     the banking system, or a foreign exchange company that uses the banking system from
     the country or countries in which they were earned or acquired legally, or have been
     earned or acquired legally in New Zealand.

F3.10.20 Evidence of the principal applicant's nominated funds and assets

a.   Principal applicants must provide evidence of net funds and/or assets to the value of the
     required investment funds.

b.   All documents provided as valuations of assets must be:

     i   no more than three months old at the date the resident visa application is made; and


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     ii    produced by a reliable independent agency.

c.   A business immigration specialist may seek further evidence if they:

     i     are not satisfied with the valuation provided; or
     ii    consider that the nominated funds and/or assets fail in some other way to meet the
           rules for investment funds.

F3.10.25 Definition of 'acceptable investment'

a.   An acceptable investment means an investment that:

     i     is capable of a commercial return under normal circumstances; and
     ii    is not for the personal use of the applicant(s) (see F3.10.30); and
     iii   is invested in New Zealand in New Zealand currency; and
     iv    is invested in lawful enterprises or managed funds that comply with all relevant laws in
           force in New Zealand (see F3.10.35); and
     v     has the potential to contribute to New Zealand's economy; and
     vi    is invested in either one or more of the following:
            bonds issued by the New Zealand government or local authorities; or
            bonds issued by New Zealand firms traded on the New Zealand Debt Securities
             Market (NZDX); or
            bonds issued by New Zealand firms with at least a BBB- or equivalent rating from
             internationally recognised credit rating agencies (for example, Standard and Poor's);
             or
            equity in New Zealand firms (public or private including managed funds) (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.

c.   A Business Immigration Specialist may consider bonds in finance companies as an
     acceptable investment where the finance company:

     i     is a wholly-owned subsidiary of,
     ii    raises capital solely for, and
     iii   has all its debt securities unconditionally guaranteed by a New Zealand Stock
           Exchange listed company or a local authority.

     Note: The value of an investment is based on the net purchase price (for example, less any
     accrued interest, commission, brokerage and/or trade levy), not on the face value of the
     investment.




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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:

     i    a managed fund investment product offered by a financial institution; or
     ii   funds invested in equities that are managed on an investor's behalf by a fund manager
          or broker.

b.   In order to be acceptable as a form of investment managed funds must be invested only in
     New Zealand companies. Managed fund investments in New Zealand with international
     exposure are acceptable only for the proportion of the investment that is invested in New
     Zealand companies.

     Example: Only 50 percent of a managed fund that equally invests in New Zealand and
     international equities would be deemed to be an acceptable investment as set out in
     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.   the residential property must be in the form of new developments on either new or
     existing sites; and

b.   the residential property(ies) cannot include renovation or extension to existing dwellings;
     and

c.   the new developments must have been approved and gained any required consents by any
     relevant regulatory authorities (including local authorities); and

d.   the purpose of the residential property investments must be to make a commercial return
     on the open market; and

e.   neither the family, relatives, nor anyone associated with the principal investor, may reside
     in the development; and

f.   the costs associated with obtaining any regulatory approval (including any resource or
     building consents) are not part of the principal applicant’s acceptable investments.
                                                                           Effective 30/07/2012

F3.15 Settlement funds and annual income

See previous instructions F3.15 Effective 29/11/2010


F3.15.1 Aim and intent

Principal applicants under the Parent Retirement Category must demonstrate that they have
the ability to support themselves and their partner included in the resident visa application
during the four year investment period in New Zealand.




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F3.15.5 Requirement for settlement funds and annual income

In addition to their nominated investment funds, principal applicants must demonstrate:

a.   ownership of a minimum of NZ$0.5 million; and

b.   an annual income of at least NZ$60,000 at the time of application.

F3.15.10 Ownership of settlement funds

a.   Funds may be owned either:

     i    solely by the principal applicant; or
     ii   jointly by the principal applicant and their partner who are included in the resident visa
          application.

b.   The principal applicant may claim the full value of jointly owned funds or assets for
     assessment purposes provided a business immigration specialist is satisfied the principal
     applicant and partner have been living together for 12 months or more in a genuine and
     stable partnership (see R2.1.15, R2.1.15.1 (b) and R2.1.15.5 (a) (i)).

c.   If funds or assets are held jointly by the principal applicant and a person other than their
     partner, the principal applicant may only claim the value of that portion of the funds or
     assets for which they provide evidence of ownership.


F3.15.15 Evidence of settlement funds

Evidence of settlement funds may include, but is not limited to:

•    funds held in a New Zealand bank account(s)
•    funds held in an offshore bank account(s), together with evidence that the funds can be
     accessed from New Zealand
•    acceptable evidence of net assets (either in New Zealand or offshore).

F3.15.20 Annual income

Annual income may be:

a.   earned solely by the principal applicant; or

b.   a combined income of the principal applicant and partner (see R2.1.10) who is included in
     the resident visa application.

F3.15.25 Evidence of annual income

Evidence of annual income may include, but is not limited to:

•    pensions
•    earnings from rental properties
•    dividends from share portfolios
•    interest from investments
•    profits from company ownership




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•    share market trading.
                                                                                Effective 30/07/2012

F3.20 Family requirements

See previous instructions F3.20 Effective 29/11/2010


The principal applicant must:

a.   be the parent of an adult child who is in New Zealand and is a New Zealand citizen or the
     holder (or deemed to be the holder) of a residence class visa that is not subject to
     conditions under section 49 of the Immigration Act 2009; and

b.   have no dependent children.

F3.20.1 Evidence of relationship of parent(s) to children

a.   Evidence of a parent's relationship to their children is original or certified copies of:

     i     birth certificates establishing the relationship of the children to the parent(s); or
     ii    household registration documents, if these establish the relationship of the children to
           the parent(s); or
     iii   evidence of adoption (see R3), which establishes the relationship of the children to the
           parents.

b.   Other evidence establishing the relationship of the children to the parents may also be
     provided.

F3.20.5 Evidence of immigration status of adult child

a.   Evidence that the principal applicant's adult child is a New Zealand citizen may include but
     is not limited to original or certified copies of:
     •     a valid New Zealand passport
     •     a Certificate of New Zealand Citizenship
     •     a recent official statement of citizenship from the Department of Internal Affairs
     •     a New Zealand birth certificate
     •     an endorsement in a foreign passport indicating the fact of New Zealand citizenship.
b.   Evidence that the adult child is a New Zealand residence class visa holder (or is deemed to
     hold a residence class visa) may include but is not limited to original or certified copies of:

     •     a New Zealand resident visa or permanent resident visa in their passport or travel
           document
     •     a New Zealand residence permit or returning resident's visa granted under the
           Immigration Act 1987 in their passport or travel document




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     •     a valid Australian passport.
                                                                             Effective 30/07/2012

F3.25 Approval in principle and transfer of funds

See previous instructions:
F3.25 Effective 25/07/2011
F3.25 Effective 29/11/2010


F3.25.1 Aim and intent

The instructions regarding the nominated investment funds and/or assets and the method of
transfer of those funds to New Zealand is designed to ensure:

a.   the legitimacy and lawful ownership of the nominated funds and/or assets; and

b.   the direct transfer of the investment funds through a structured and prescribed process to
     guarantee on-going legitimacy and lawful ownership of the funds invested in New Zealand.

F3.25.5 Approval in principle

Principal applicants who are assessed as meeting the requirements under the Parent
Retirement Category will be advised that:

a.   their application has been approved in principle; and

b.   resident visas may be granted once they:

     •     provide acceptable evidence of having transferred and invested the nominated funds
           in accordance with the relevant requirements set out in instructions; and
     •     provide a New Zealand address at which they can be contacted by mail, after they
           arrive in New Zealand; and
     •     pay any applicable migrant levy; and
c.   resident visas will be granted subject to conditions under section 49(1) of the Immigration
     Act 2009.

F3.25.10 Transfer of the nominated investment funds

a.   When their application is approved in principle, the principal applicant will be required to
     transfer the nominated investment funds to New Zealand. These funds must:

     i     be the funds initially nominated, or the funds that result from the sale of the same
           assets as those initially nominated, in the resident visa application; or
     ii    be funds, as agreed to by a business immigration specialist, secured against the
           nominated assets in the resident visa application and as approved in accordance with
           (b) below; and
     iii   be transferred through the banking system directly from the principal applicant's bank
           account(s) to New Zealand; or
     iv    be transferred by a foreign exchange company to New Zealand through the banking
           system. Business immigration specialists may not accept the transferred funds if the
           applicant cannot provide satisfactory evidence of the following:
            the nominated investment funds have been transferred to the foreign exchange
             company directly from the principal applicant’s bank account(s): and



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            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
            the foreign exchange company is not suspected of, or proven to have committed
             fraudulent activity or financial impropriety in any country it operates from or in.
b.   A business immigration specialist may consider, on a case by case basis, borrowed funds
     as acceptable investment funds where the principal applicant is able to demonstrate that:

     i     they own net assets equal or greater in value to the required investment amount; and
     ii    the borrowed investment funds will be from a bank or commercial lending institution
           acceptable to a business immigration specialist and will be secured against the assets
           identified under (i); and
     iii   it is not economically viable or practical to liquidate the nominated assets eg sell a
           business.

c.   The investment funds that are transferred to New Zealand and subsequently into an
     acceptable investment must be from the same source of funds as nominated in the
     resident visa application.

     Note: Nominated funds held in a country other than the country in which they were earned
     or acquired legally must have been originally transferred through the banking system, or a
     foreign exchange company that uses the banking system from that country.

F3.25.15 Evidence of the transfer of the nominated funds to New Zealand

a.   Acceptable evidence of the transfer of the nominated funds must be provided by way of
     the telegraphic transfer documentation together with a current bank statement showing
     the transfer(s).

b.   A business immigration specialist may request any other information to satisfy them that
     the above requirements have been met.


F3.25.20 Time frame for investing funds in New Zealand

a.   Principal applicants must meet the requirements for transferring and investing the
     nominated funds within 12 months of the date of the letter advising of approval in
     principle.

b.   Applications for residence must be declined if principal applicants do not present
     acceptable evidence of having transferred and invested the nominated funds within 12
     months from the date of approval in principle.


F3.25.25 When the investment period begins

a.   If the investment already meets the investment requirements, the required investment
     period begins on the date of the letter advising approval in principle.

b.   If the investment is made after approval in principle, the required investment period will
     begin on the date the investment requirements are met.

c.   The date the investment period begins is specified in the letter to the successful principal
     applicant that advises of the conditions on their resident visa (see F3.30.10).




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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     the full name of the investor; and
     ii    the amount invested in New Zealand dollars; and
     iii   the date the investment was made; and
     iv    the type of investment (in the case of shares or bonds in companies, the names of the
           companies invested in and the number of shares or bonds purchased must be listed);
           and
     v     documentary evidence of the investment; and
     vi    a letter from a reliable independent professional (for example, a solicitor or chartered
           accountant), confirming that the funds have been invested.

b.   A business immigration specialist, at their discretion, may require any other form of
     evidence.

F3.25.35 Temporary visa to arrange transfer and/or investment of funds

a.   After approval in principle, and upon application, a work visa may be granted to allow the
     principal applicant to arrange the transfer to, and investment of funds in, New Zealand.

b.   The work visa will be valid for multiple entries to New Zealand for 12 months after
     Approval in Principle has been given.

c.   A work visa may be granted for the same period on application to the principal applicant's
     partner (see WS2(e)).
                                                                              Effective 30/07/2012

F3.30 Resident visas

F3.30.1 Grant of resident visas

a.   Residence visas may only be granted once principal applicants have:

     i     met the transfer requirements set out at F3.25.10; and
     ii    placed the funds into an acceptable investment; and
     iii   paid any applicable migrant levy (see R5.90).

b.   Residence visas will be granted subject to the conditions imposed under section 49(1) of
     the Immigration Act 2009 in accordance with the instructions set out at F3.30.10.


F3.30.10 Resident visas subject to conditions under section 49(1) of the Immigration
Act
See also Immigration Act 2009 s 49
Under the Parent Retirement Category, a resident visa granted to a principal or secondary
applicant is subject to the following conditions imposed under section 49(1) of the Immigration
Act 2009:

a.   that the principal applicant retains an acceptable investment in New Zealand for a
     minimum of four years under the Parent Retirement Category; and


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b.   that the principal applicant informs the nearest branch of INZ of any changes of New
     Zealand address during the investment period; and

c.   at the two-year anniversary of the investment period, the principal applicant submits
     evidence that they are retaining an acceptable investment in New Zealand; and

d.   that within 3 months after the expiry date of the investment period, the principal applicant
     submits evidence to INZ that they have met requirement (a).


F3.30.15 Investment transfers during the investment period

Investment funds may be transferred from one investment to another during the investment
period, provided:

a.   the funds remain invested in New Zealand in New Zealand currency at all times during the
     investment period; and

b.   the investment of the funds continues, during the investment period, to meet all other
     requirements for investments.
                                                                           Effective 29/11/2010

F3.35 Section 49(1) conditions

F3.35.1 Reminder from Immigration New Zealand to provide evidence of section
49(1) conditions being met

a.   Immigration New Zealand will attempt to contact the principal applicant:

     i     three months before the two-year anniversary; and
     ii    three months before the expiry of the required investment period requesting evidence
           that section 49(1) conditions are being met.

b.   The evidence must be provided no later than three months after the two-year anniversary
     and the expiry of the required investment period.


F3.35.5 End of investment period

Conditions imposed under section 49(1) of the Immigration Act 2009 may be lifted if the
principal applicant provides evidence of compliance within three months after the expiry date
of the investment period.


F3.35.10 Retention of acceptable investment

a.   The principal applicant will need to show that they have retained an acceptable investment
     in New Zealand for the required investment period.

b.   Suitable evidence will include documentation from a reliable independent professional (for
     example, a solicitor or chartered accountant) stating:

     i     the full name of the investor; and
     ii    the amount invested; and
     iii   the date the investment was lodged; and
     iv    the type of investment (in the case of shares or bonds, the names of the companies
           invested in and the number of shares or bonds purchased must be listed); and


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     v    confirmation that the funds were invested in New Zealand for the full investment
          period or, if transferred, the date of lodgement and withdrawal of the investment.

c.   If the principal applicant has established or purchased a shareholding or bonds in more
     than one business this information should be provided for each of the businesses.

d.   If the principal applicant has transferred funds between several organisations during the
     investment period, they should provide letters from every organisation they have invested
     with. Lodgement and withdrawal dates will be checked to ensure that funds have been
     held continuously in New Zealand for the required investment period.

e.   A business immigration specialist may request any other information in order to be
     satisfied that the above requirements have been met.

f.   Evidence that the requirements have been met includes:

     i    submission of the evidence required by paragraphs (b) to (e) no later than three
          months after the two-year anniversary and the expiry date of the required investment
          period; and
     ii   subsequent written confirmation on file (by a business immigration specialist) that the
          investment requirements have been met.

F3.35.15 Non compliance with section 49(1) conditions
See also Immigration Act 2009 s 159
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).

b.   When the principal applicant has satisfied a visa or immigration officer that the conditions
     imposed on their resident visa under section 49(1) have been complied with, those
     conditions will no longer apply and the officer will advise the applicant in writing.
                                                                              Effective 29/11/2010




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F4 PARENT CATEGORY
F4.1 Summary of requirements

F4.1.1 Objective

The objective of the Parent Category is to support family connections, in order to:

a.   progress New Zealand Government economic objectives for immigration; and

b.   attract and retain skilled and productive migrants, while also limiting the costs of New
     Zealand Government benefits.

F4.1.5 Ability to apply

A person may only apply for a resident visa under the Parent Category (see F4.10) if:

a.   they have been issued an invitation to apply under the Parent Category; and

b.   they apply for a resident visa under the Parent Category within four months of the date of
     the letter inviting them to apply; and

c.   that invitation has not been revoked.

F4.1.10 Health, character and English language requirements

Applicants under the Parent Category must meet:

a.   the health and character requirements specified at A4 and A5; and

b.   a minimum standard of English, or pre-purchase English for Speakers of Other Languages
     tuition to the specified level (see F4.15).

F4.1.15 Family relationships

a.   In each case, the parent(s) must:

     i    be sponsored by the adult child referred to in F4.1.15(c) below, who is an acceptable
          sponsor as set out at R4.5.
     ii   demonstrate they meet the family relationship requirements at F4.20.

b.   An applicant under Parent Category must have no dependent children (see F4.20.5).

c.   The applicant’s sponsor must have been a New Zealand citizen and/or New Zealand
     resident for at least three years immediately preceding the date the application they wish
     to sponsor is made (see F4.25); and

d.   The applicant’s sponsor must meet the undertakings set out at R4.10 for the first 5 years
     of the applicant’s stay in New Zealand as a resident.

     Note: Parents sponsored by children who INZ determines to be dependent will not meet the
     requirements to be granted residence.




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F4.1.20 Two tiered system

Applicants under the Parent Category must either:

a.   meet one of the requirements for tier one at F4.30 that they:

     i     have a sponsor (and, if applicable, that sponsor’s partner) who meets a minimum
           annual income level for tier one (see F4.30.1); or
     ii    have a sufficient guaranteed lifetime minimum income (see F4.30.5); or
     iii   bring sufficient settlement funds to New Zealand (see F4.30.10); or

b.   meet the requirements for tier two at F4.35 that:

     i     they have a sponsor (and, if applicable, that sponsor’s partner) who meets a minimum
           income for tier two (see F4.35.1); and
     ii    the applicants’ other adult children (if any) live lawfully and permanently outside the
           country in which the applicant lives lawfully and permanently (see F4.35.5).

F4.1.25 Evidential requirements

All applicants under the Parent Category must meet the evidential requirements set out at
F4.40.
                                                                              Effective 30/07/2012

F4.5 Definitions

F4.5.1 Definition of 'lawfully and permanently'

People are lawfully and permanently in a country if they either:

a.   are:

     i     citizens or persons who have the right of or permission to take up indefinite residence
           in that country, and
     ii    actually reside in that country; or

b.   live in a refugee camp in that country with little chance of repatriation.

     Note: For the purpose of determining whether an applicant meets the requirements of the
     Parent Category, if a person does not have the right of, or permission to take up, indefinite
     residence in the country in which they actually reside, they are deemed to be lawfully and
     permanently in the country in which they:
     ~ predominantly lived in the last 10 years; and
     ~ are entitled to reside lawfully and permanently.

F4.5.5 Definition of 'dependent child'

For the purpose of the Parent Category, and despite the definition in section 4 of the
Immigration Act 2009, a child is dependent if they:

a.   are:

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


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     iii   totally or substantially reliant on their parent(s) for financial support, whether living
           with them or not; or

b.   are:

     i     aged 18 to 20, with no child(ren) of their own; and
     ii    single (see F5.10.15); or

c.   are:

     i     aged 17 or younger; and
     ii    single; and
     iii   totally or substantially reliant on their parent(s) for financial support, whether living
           with them or not.

d.   When determining whether a child of 21 to 24 years of age is totally or substantially
     reliant on their parent(s) for financial support, immigration officers must consider the
     whole application, taking into account all relevant factors including whether the child:

     •     is in paid employment, whether this is full-time or part-time, and its duration;
     •     has any other independent means of financial support;
     •     is living with their parents or another family member, and the extent to which other
           support is provided; or
     •     is studying, and whether this is full-time or part-time.

F4.5.10 Definition of 'adult child'

For the purpose of the Parent Category, 'adult child' means a child of 18 or older, unless they
are dependent (see F4.5.5).


F4.5.15 Definition of 'adult child’ for sponsorship purposes

a.   For sponsorship purposes, 'adult child' means a child of 18 or older.

b.   However, children aged 18 to 24 must only be considered as 'adult children’ for
     sponsorship purposes if they can satisfy an immigration officer that they, like other
     sponsors, are able to meet sponsorship undertakings (see R4.10) and, if applicable, the
     minimum income requirement (see F4.30.1 and F4.35.1).

     Note: Parents sponsored by adult children who are also dependent children will not meet
     the requirements at F4.20.5.

F4.5.20 Definition of ‘guaranteed lifetime minimum income’

For the purposes of the Parent Category, a ‘guaranteed lifetime minimum income’ is an annual
income that is paid to a person indefinitely to at least the level required to be granted
residence under tier one of the Parent Category (see F4.30.5). Income can only be considered
‘indefinite’ if it will continue to be paid to a person indefinitely once they become a New
Zealand resident and citizen.

F4.5.25 Definition of 'funds earned or acquired legally'

a.   Funds and/or assets earned or acquired legally are funds and/or assets earned or acquired
     in accordance with the laws of the country in which they were earned or acquired.



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b.   Immigration officers have discretion to decline an application if they are satisfied that, had
     the funds and/or assets been earned or acquired in the same manner in New Zealand,
     they would have been earned or acquired contrary to the criminal law of New Zealand.


F4.5.30 Definition of 'unencumbered funds'

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.
                                                                             Effective 30/07/2012

F4.10 Expressions of interest and applications under the Parent Category

F4.10.1 Expressing interest in being invited to apply for residence under the Parent
Category

a.   A person notifies that they are interested in being invited to apply for a resident visa under
     the Parent Category by submitting an Expression of Interest (EOI) to Immigration New
     Zealand (INZ) in the prescribed manner. In order to submit an EOI in the prescribed
     manner, a person must submit to an immigration officer:

     i     a completed prescribed Parent Category EOI form; and
     ii    the appropriate fee (if any).

b.   By completing an EOI, a person provides a declaration about their and any potential
     secondary applicant’s:

     i     identity, health and character; and
     ii    English language ability or an intention to agree to pre-purchase English for Speakers
           of Other Languages (ESOL) tuition (see F4.15); and
     iii   relationship to their sponsoring adult child and any other children the applicants have
           (see F4.20); and
     iv    adult child’s eligibility to sponsor them for New Zealand residence under the Parent
           Category (see F4.25); and
     v     guaranteed lifetime minimum income, settlement funds, or the income of their
           sponsor, or of their sponsor and their sponsor’s partner (see F4.30 and F4.35).

c.   It is the responsibility of the person submitting the EOI to ensure that the information
     given is correct in all material respects.

     Note: For the purposes of F4.10.1(b)(v), people submitting EOIs under tier two will only be
     required to declare their sponsor and/or their sponsor’s partner’s income.

F4.10.5 Implications of providing false or misleading information
See Immigration Act 2009, ss 93 and 158
a.   The Immigration Act 2009 provides that there is sufficient grounds to decline an
     application for a resident visa and for the holder of a resident visa granted under the
     Parent Category to become liable for deportation in cases of:

     i     the provision of false or misleading information as part of an EOI or associated
           submission; or
     ii    the withholding of relevant potentially prejudicial information from an EOI or
           associated submission; or


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     iii   failure to advise an immigration officer of any fact or material change in circumstances
           that occurs after an EOI is submitted that may affect a decision to invite the person to
           apply for a resident visa or to grant a resident visa.

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.


F4.10.10 Submission of Expressions of Interest to the Pool

a.   EOIs submitted in the prescribed manner may be entered into a pool of Expressions of
     Interest (the Pool).

b.   A person may only have one EOI in the Pool at any time (regardless of the tier of the EOI).

c.   Each EOI will be entered into the Pool in either tier one or tier two as indicated in the EOI
     form.

d.   Despite (c) above, if permission is given by the person expressing interest, an EOI may be
     entered into the alternative tier of the Pool (see F4.10.10(e) and (f)).

e.   If a person with an EOI in the Pool under tier two updates their information and becomes
     eligible to be entered into the Pool under tier one, their EOI will be entered into the Pool
     under tier one based on the original date the EOI was previously entered under tier two.

f.   If a person with an EOI in the Pool under tier one updates their information and is no
     longer eligible under tier one, but is eligible under tier two, their EOI will be entered into
     the Pool under tier two based on the original date the EOI was previously entered under
     tier one.

g.   Where a person with an EOI already entered into the Pool updates their information and
     no longer meets the requirements of the Parent Category under either tier, their EOI will
     be withdrawn from the Pool and lapsed.


F4.10.15 Selection of Expressions of Interest

a.   EOIs will be selected from the pool in the following order:

     i     Tier one EOIs will be selected first and in order based on the date the EOIs were
           entered into the Pool; and
     ii    Residence applications lodged under the Parent and Sibling and Adult Child categories
           before 16 May 2012 will be selected second, in date order; and
     iii   Tier two EOIs will be selected third and in order based on the date the EOIs were
           entered into the Pool, only if there are no tier one EOIs and no applications that were
           lodged before 16 May 2012.

b.   The ranking of EOIs will change as EOIs enter, or are selected from, the Pool or any given
     tier of the Pool.

c.   EOIs will be selected in sufficient numbers to meet the requirements of the Capped Family
     Sponsored stream of the New Zealand Residence Programme (NZRP) at the time of
     selection (subject to any adjustment to the number or distribution of places in the NZRP
     determined by the Government) (see R6).




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d.   EOIs are selected from the Pool periodically on the Government's behalf by the Ministry of
     Business, Innovation and Employment.

F4.10.20 Invitation to apply for a resident visa under the Parent Category

a.   People whose EOIs have been selected from the Pool may be issued an invitation to apply
     for a resident visa under the Parent Category.

b.   An immigration officer may decline an EOI if they are not satisfied claims made within the
     EOI are:

     i    credible, or
     ii   sufficient to meet the requirements of the Parent Category.

c.   An immigration officer may, but is not required to, seek further evidence, information and
     submissions from a person whose EOI has been selected from the Pool, for the purpose of
     determining whether their claims are credible and whether there are any health or
     character issues that may adversely affect their ability to be granted a resident visa under
     the Parent Category.

d.   If an immigration officer is not satisfied the claims made in an EOI selected from the Pool
     under tier one would be sufficient to meet the requirements of the Parent Category under
     tier one, but believes the EOI would meet the requirements under tier two, the EOI will be
     re-entered into the Pool under tier two. Despite F4.10.10(d), an immigration officer is not
     required to gain permission from the person expressing interest in order to do this. The
     EOI’s place in the Pool will be based on the date the EOI was first entered into the Pool
     under tier one.

e.   In any particular case, the selection of an EOI from the Pool may not result in an invitation
     to apply for a resident visa under the Parent Category.

     Note: A decision to invite a person to apply for a resident visa under the Parent Category
     does not guarantee in any subsequent application for a resident visa a positive assessment
     of any requirements for the Parent Category or generic residence (including health, and
     character).

     For the purposes of F4.10.20(d), re-entry into the Pool does not guarantee a person will be
     invited to apply once their EOI is selected from the Pool under tier two.

F4.10.25 Assessing Parent Category applications

a.   A person who is sent an invitation to apply for residence under tier one of the Parent
     Category may only apply for residence using tier one requirements (see F4.35).

b.   A person who is sent an invitation to apply for residence under tier two of the Parent
     Category may make a Parent Category application using the requirements for either tier
     one or tier two (see F4.35 and F4.40).

c.   Applications received under tier one of the Parent Category:

     i    will be assessed against the requirements for tier one at F4.35 and the generic
          requirements for the Parent Category (sections F4.15 to F4.25); and
     ii   despite R5.20(c), cannot be assessed against the requirements for tier two at F4.40.

d.   d. Applications received under tier two of the Parent Category:


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     i    will be assessed against the requirements for tier two at F4.40 and the generic
          requirements for the Parent Category (sections F4.15 to F4.25); and
     ii   may be assessed against tier one requirements at F4.35 in accordance with R5.20(c).

e.   Applications received under the Parent Category before 16 May 2012 will be processed
     using the requirements in force at the time they were accepted for processing.

f.   Applications made under the Parent Category will be assessed against the residence
     instructions that applied at the time the EOI selection that directly lead to the application
     was made.
                                                                             Effective 30/07/2012

F4.13 Transitional provisions for Parent Category applications accepted for
processing before 16 May 2012

a.   An applicant with a Parent Category application that was accepted for processing by
     Immigration New Zealand (INZ) before 16 May 2012 but has not been decided may submit
     a Parent Category expression of interest (EOI) (see F4.10).

b.   If the applicant is invited to apply for residence, they may lodge a new Parent Category
     application, provided they meet the requirements set out at F4.1.5.

     Note: The applicant under F4.13.1 must submit an EOI in the prescribed manner, including
     paying the appropriate EOI fee (see F4.10.1)

F4.13.1 Application fee waivers

a.   The application fee will be waived for applications under tier one lodged by people who
     have an existing Parent Category that was accepted for processing before 16 May 2012
     (as per F4.13 above).

b.   The application fee will not be waived for applications under tier two lodged by people who
     have an existing Parent Category that was accepted for processing before 16 May 2012
     (as per F4.13 above).

c.   Where an applicant has a Parent Category application accepted for processing by INZ and
     their application fee waived, the Parent Category residence application that was accepted
     for processing before 16 May 2012 will be lapsed.


F4.13.5 Transitional provisions for medical and police certificates

a.   Where an applicant lodges a subsequent application under F4.13 above, the applicant’s:

     i    Medical and Chest X-ray Certificate (INZ 1007) included in their initial Parent Category
          application may be considered valid for the purposes of A4.20; and
     ii   police certificate included in their initial Parent Category application may be considered
          valid for the purposes of A5.10(a).

b.   Applicants must still meet the health and character requirements set out at A4 and A5.

c.   Despite (a) above, an immigration officer may request:

     i    a General Medical Certificate (INZ 1007) and a Chest X-ray Certificate (INZ 1096) that
          which are less than three months old if they consider this is necessary to establish
          whether the applicant has an acceptable standard of health; and


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     ii    a new police certificate if there is a good reason to do so.
                                                                             Effective 30/07/2012

F4.15 English language requirements for the Parent Category

F4.15.1 Minimum standard of English

a.   Applications under the Parent Category must be declined if any applicant included in the
     application has not met the minimum standard of English or the requirements to pre-
     purchase English for speakers of other languages (ESOL) tuition.

b.   Applicants under the Parent Category meet the minimum standard of English if they:

     i     provide a Test Report Form (no more than two years old at the time the application is
           lodged) from the International English Language Testing System (IELTS) that shows
           they meet at least two competencies of level 4 or above; or
     ii    provide other evidence that satisfies an immigration officer that, taking account of that
           evidence and all the circumstances of the application, they are a competent user of
           English (see SM5.5(c)(iii)); or
     iii   satisfy the requirements of SM5.10(b)(i) or (iii); or
     iv    are citizens of Samoa who have applications assessed under the Parent Category at
           the Apia Immigration New Zealand (INZ) branch and, after an interview, satisfy an
           immigration officer that they have sufficient English language ability.

c.   When applying (b)(iv) above, the interviewing immigration officer determines if applicants
     meet the minimum English language requirement by assessing whether they are able to:

     i     read English; and
     ii    understand and respond to questions in English; and
     iii   maintain an English language conversation about themselves, their family or their
           background.

d.   In any case in terms of (b) above, an immigration officer may require any or each
     applicant to provide an IELTS certificate. In such cases, the IELTS certificate will be used
     to determine whether the applicant meets the minimum standard of English.

     Note: Full consideration must be given to all evidence of English language ability provided
     before a decision to request an IELTS certificate under F4.15.1(d) is made. If an IELTS
     certificate is requested, the reason(s) behind the decision must be clearly documented and
     conveyed to the applicant.

F4.15.5 Pre-purchase of English for Speakers of Other Languages (ESOL) tuition

a.   Instead of meeting the minimum standard of English, any applicant may pre-purchase
     ESOL tuition. ESOL tuition must be pre-purchased from the Tertiary Education Commission
     (TEC) by paying the required charge to INZ (who collect this charge on behalf of TEC).

b.   Applicants must pay any ESOL charge due, sign the ESOL Agreement and return it to INZ
     within the time specified by INZ before a resident visa is able to be granted (see
     F4.15.20).




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F4.15.10 The amount of ESOL tuition to be pre-purchased by non-principal applicants

For the purposes of the Parent Category, the amount of ESOL tuition to be paid is NZ$1,735,
which gives an ESOL entitlement of NZ$1,533.33.

F4.15.15 TEC to arrange ESOL tuition

a.   The applicant is entitled to tuition to the value of the ESOL entitlement of the ESOL tuition
     charge. This does not include the INZ and TEC administration costs.

b.   TEC advises the applicant of the list of suitable ESOL tuition providers in New Zealand,
     from which the applicant may nominate one of their own choice.

c.   TEC will manage the contract between the ESOL tuition provider and the applicant.

d.   The applicant must advise TEC of their New Zealand address.


F4.15.20 Applicant's agreement with TEC

a.   Each applicant who pre-purchases ESOL tuition must sign an Agreement with TEC by
     which they agree, among other things, that they understand the rules for taking up ESOL
     tuition in New Zealand and the refund provisions.

b.   The content of the Agreement is determined by INZ and TEC.

c.   Included with the Agreement is a Schedule that sets out the personal details of the
     applicant and the amount of tuition to be purchased.


F4.15.25 Completion of Agreement

a.   When an application for a resident visa is approved in principle, applicants will be given
     two copies of the Agreement to complete for each person in the application undertaking
     ESOL tuition.

b.   After completion of the Agreement, one copy is retained by the applicant, and the other
     copy is returned to the relevant INZ processing office with the tuition fee(s).

c.   If the Agreement is not signed and returned to INZ within the time specified by INZ, the
     resident visa application must be declined.

d.   The INZ copy of the Agreement should be sent to the TEC.

F4.15.30 Failure to pre-purchase ESOL tuition

Any ESOL tuition fee must be paid before a resident visa may be granted. If the tuition fee is
not paid to the INZ within the specified time, the resident visa application must be declined.


F4.15.35 Limited period to use ESOL tuition

a.   If ESOL tuition is purchased, the applicant must complete the tuition within five years from
     the date of payment.

b.   ESOL tuition will not be available without further payment, nor will refunds be given, to
     applicants who do not take up ESOL tuition within the time limits specified at F4.15.35(a).




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F4.15.40 Refund of ESOL tuition fees

a.   If ESOL tuition fees are paid but the applicant does not take up residence by being a
     residence class visa holder in New Zealand, a refund of the ESOL tuition fee may be
     granted upon request to INZ. The request must be made in writing.

b.   Requests for refunds must be declined if they are made more than six months after the
     expiry of the travel conditions allowing travel to New Zealand.

c.   Immigration officers considering requests for refunds must be satisfied that none of the
     applicants included in the application have:

     i     entered New Zealand as residents; or
     ii    hold resident visas with current travel conditions.

d.   The person who paid the ESOL tuition fee will only be refunded the ESOL entitlement. INZ
     and TEC administration costs will not be refunded.
                                                                                 Effective 30/07/2012

F4.20 Family relationship requirements for the Parent Category

F4.20.1 Who are considered to be children of the principal applicant and the principal
applicant's family?

a.   For the purposes of the Parent Category, children of the principal applicant and the
     principal applicant's family include:

     i     all biological or adopted children of the principal applicant; and
     ii    any child of the principal applicant's partner (whether or not the partner is included in
           the application) if that child has lived with the principal applicant for a predominant
           period of the child's life between the time their relationship with the principal applicant
           began and until the time the child turned 18 years of age.

b.   For the purposes of the Parent Category, where the principal applicant is a legal guardian,
     children of the principal applicant and the principal applicant's family include:

     i     the New Zealand citizen or resident sponsor; and
     ii    all biological and adopted children of the principal applicant; and
     iii   any children of whom they are (or were) legal guardians by reason of the parents of
           those children being deceased; and
     iv    any child of the principal applicant's partner (whether or not the partner is included in
           the application), if that child has lived with the principal applicant for a predominant
           period of the child's life between the time their relationship with the principal applicant
           began and until the time the child turned 18 years of age.

c.   For the purposes of the Parent Category, where the principal applicant is a grandparent,
     children of the principal applicant and the principal applicant's family include:

     i     the New Zealand citizen or resident sponsor; and
     ii    all biological and adopted children of the principal applicant; and
     iii   any child of the principal applicant's partner (whether or not the partner is included in
           the application), if that child has lived with the principal applicant for a predominant
           period of the child's life between the time their relationship with the principal applicant
           began and until the time the child turned 18 years of age.


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F4.20.5 Applicants who have dependent children

Applicants under the Parent Category must not have any dependent children (see F4.5.5). An
application will be declined if any applicant(s) included in the application have dependent
children.


F4.20.10 Grandparents and legal guardians

a.   A principal applicant and their partner will be considered to be ‘parent(s)' and a sponsor
     will be considered to be an 'adult child' under Parent Category if:

     i     both the sponsor's parents died before the sponsor attained the age of 20 years; and
     ii    the principal applicant had legal guardianship of the sponsor (that is, custody of the
           sponsor and the right to control the sponsor's upbringing) before the sponsor attained
           the age of 20 years; and
     iii   the principal applicant was the most recent legal guardian of the sponsor.

b.   A sponsor's grandparent and their partner will be considered to be ‘parent(s)' and a
     sponsor will be considered to be an ‘adult child' under Parent Category if both the
     sponsor's parents are deceased.

c.   Only one grandparent and their partner, or one guardian and their partner, may be
     sponsored under Parent Category.
                                                                            Effective 30/07/2012

F4.25 Sponsorship requirements for the Parent Category

In order to gain residence under the Parent Category, applicants must be sponsored by an
adult child (see F4.20) who:

a.   meets the requirements to be an acceptable sponsor as set out at R4.5, including being:

     i     ordinarily resident in New Zealand; and
     ii    a New Zealand citizen and/or the holder of a New Zealand residence class visa for at
           least three years immediately preceding the date the application they wish to sponsor
           is made; and

b.   agrees to meet the undertakings set out at R4.10 for the first five years of the applicant’s
     stay in New Zealand as a resident.

     Note: For the purposes of F4.25, a person is considered to be ‘ordinarily resident’ in New
     Zealand where an immigration officer is satisfied that New Zealand is their primary place of
     established residence.
                                                                            Effective 30/07/2012

F4.30 Additional requirements for tier one of the Parent Category

In addition to the requirements of the Parent Category in sections F4.1 to F4.25, applicants
under tier one of the Parent Category must meet one of the following requirements:

a.   Sponsor’s income (see F4.30.1); or

b.   Guaranteed lifetime minimum income (see F4.30.5); or

c.   Settlement funds (see F4.30.10).


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F4.30.1 Sponsor’s income

a.   To meet the gross minimum income requirements:

     i     a sponsor or their partner must earn a minimum of $65,000 per annum; or
     ii    a sponsor and their partner together must earn a minimum of $90,000 per annum.

b.   The gross minimum income requirement referred to in (a) above must be met by personal
     income that is obtained from one or any combination of:

     i     sustained paid employment; or
     ii    regular self-employment; or
     iii   regular investment income.

c.   The minimum income requirement must be met by personal income. Income earned by
     another legal entity, such as a business or a trust, cannot be included unless it has been
     paid directly to the sponsor and/or their partner in the form of wages or drawings.

d.   When assessing whether the income obtained from the source(s) in (b) above is sustained
     and/or regular, officers may consider, but are not limited to, such factors as the length of
     employment, terms of employment and the regularity of payments.

e.   The income of a sponsor’s partner may only be considered if the partner has been:

     i     living with the sponsor for a period of at least 12 months in a partnership that is
           genuine and stable (see F2.10.1), and they meet the requirements for the recognition
           of a partnership set out at F2.15; and
     ii    a New Zealand residence class visa holders for at least three years immediately
           preceding the date the application their partner wishes to sponsor is made, or is a
           New Zealand citizen.

F4.30.5 Guaranteed lifetime minimum income

a.   If there is one applicant included in the application, the applicant must have a guaranteed
     lifetime minimum income of at least $27,203 per annum.

b.   If a partner is also included in the application, the applicants jointly must have a
     guaranteed lifetime minimum income of at least $39,890 per annum.

c.   The applicants must meet the evidential requirements set out at F4.40.30.1.


F4.30.10 Settlement funds

a.   Principal applicants must:

     i     nominate funds (or assets that can be converted into funds) to bring to New Zealand
           of a minimum value of NZ$500,000; and
     ii    demonstrate ownership of the nominated funds and/or assets (see the evidential
           requirements set out at F4.40.30.5); and
     iii   demonstrate that the nominated funds and/or assets have been earned or acquired
           legally (see F4.5.25 and F4.40.30.5).

b.   Funds or assets may be owned either:

     i     solely by the principal applicant; or


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     ii   jointly by the principal applicant and their partner who is included in the resident visa
          application.

c.   The principal applicant may claim the full value of jointly owned funds or assets (as per
     F4.30.10(b)(ii) above) for assessment purposes, provided an immigration officer is
     satisfied the principal and secondary applicants meet the partnership requirements set out
     at R2.1.15.

d.   If funds or assets are held jointly by the principal applicant and a person other than their
     partner, the principal applicant may only claim the value of that portion of the funds or
     assets for which they provide evidence of ownership.

e.   The principal applicant may only nominate funds or assets that they earned or acquired
     legally, including funds and/or assets which have been gifted to them unconditionally and
     in accordance with local law (also see F4.5.25). Where nominated funds or assets have
     been gifted to the principal applicant an immigration officer must be satisfied that the
     funds or assets being gifted were earned lawfully by the person(s) gifting the funds or
     assets.

f.   The nominated funds and/or assets must be unencumbered.

g.   The nominated funds and/or assets must not be borrowed.

     Note: Principal applicants must transfer NZ$500,000 to New Zealand in order to be granted
     a resident visa. The value of the amount transferred will be dependent on the currency
     exchange rate at the time of transfer, not at the time the residence application is assessed
     (see also F4.30.10.15).

F4.30.10.1 Aim and intent of settlement funds transfer

The instructions regarding the nominated settlements funds and the method of transfer of
those funds to New Zealand are designed to ensure:

a.   the legitimacy and lawful ownership of the nominated funds; and

b.   the direct transfer of the settlement funds through a structured and prescribed process to
     guarantee ongoing legitimacy and lawful ownership of the funds brought to New Zealand.

F4.30.10.5 Approval in principle pending the transfer of settlement funds

If the applicants meet the criteria set out for settlement funds at F4.30.10 and all other
requirements under the Parent Category (excluding instructions for transferring funds to New
Zealand at F4.30.10.15), the applicants will be advised that:

a.   their application has been approved in principle; and

b.   resident visas may be granted once they:

     i    provide acceptable evidence of having transferred the nominated funds in accordance
          with the relevant instructions; and
     ii   pay any applicable migrant levy and any outstanding fee for English language tuition
          to meet English language requirements (see F4.15).




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F4.30.10.10 Timeframe for transferring funds to New Zealand

a.   Principal applicants must meet the requirements for transferring nominated funds within
     12 months of the date of the letter advising of approval in principle.

b.   Applications for a resident visa must be declined if a principal applicant does not present
     acceptable evidence of having transferred the nominated settlement funds within 12
     months (or 18 months if an extension is granted, see provisions (c), (d), and (e) below)
     from the date of approval in principle.

c.   Principal applicants may request an extension to their transfer period for up six months.

d.   If a principal applicant wishes to request an extension to the timeframe for transferring the
     nominated funds to New Zealand, they must contact the immigration officer within 12
     months of the date of the letter advising of Approval in Principle and present evidence of
     reasonable attempts to transfer the nominated funds to New Zealand.

e.   Following a principal applicant’s presentation of evidence an immigration officer may:

     i    grant an extension to the transfer period if they believe the evidence shows the
          principal applicant has made reasonable attempts to transfer the nominated funds
          within the 12 month time period; or
     ii   decline to grant an extension to the transfer period if they believe the principal
          applicant has not made reasonable attempts to transfer the nominated funds within
          the 12 month time period.

F4.30.10.15 Transferring funds to New Zealand

a.   When their application meets the requirements for tier one through settlement funds, as
     per F4.30.10, and is approved in principle, the applicant will be required to transfer the
     nominated settlement funds to New Zealand and meet the evidential requirements set out
     at F4.40.30.10.

b.   A minimum of NZ$500,000 in total must be transferred to New Zealand.

c.   These funds must be the funds initially nominated, or the funds that result from the sale of
     the same assets as those initially nominated, in the resident visa application; and

     i    be transferred through the banking system directly from the principal applicant's bank
          account(s) to New Zealand; or
     ii   be transferred by a foreign exchange company to New Zealand through the banking
          system. Immigration officers may not accept the transferred funds if the applicant
          cannot provide satisfactory evidence of the following:
           the nominated funds have been transferred to the foreign exchange company
            directly from the applicant’s bank account(s); and
           the nominated funds have been transferred through a foreign exchange company in
            a way that is not contrary to laws of New Zealand; and
           the nominated funds transferred are traceable; and
           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.




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     Note: Nominated funds held in a country other than the country in which they were earned
     or acquired legally must have been originally transferred through the banking system, or a
     foreign exchange company that uses the banking system from the country in which they
     were earned or acquired.
                                                                            Effective 30/07/2012

F4.35 Additional requirements for tier two of the Parent Category

In addition to the requirements of the Parent Category set out in sections F4.1 to F4.25,
applicants under tier two of the Parent Category must meet both of the following
requirements:

a.   Minimum income of sponsors (see F4.35.1); and

b.   Location of applicants’ other adult children (see F4.35.5).


F4.35.1 Minimum income of sponsors

a.   In order for an applicant to qualify for residence under tier two of the Parent Category,
     their sponsor must have a gross minimum income of at least $33,675 per annum. This
     must be met by personal income that is obtained from one or any combination of:

     i     sustained paid employment; or
     ii    regular self-employment; or
     iii   regular investment income.

b.   The minimum income requirement must be met by personal income. Income earned by
     another legal entity, such as a business or a trust, cannot be included unless it has been
     paid directly to the sponsor and/or their partner in the form of wages or drawings.

c.   When assessing whether the income obtained from the source(s) in (a) above is sustained
     and/or regular, officers may consider, but are not limited to, such factors as the length of
     employment, terms of employment and the regularity of payments.

d.   The sponsor’s partner’s income may only be considered if the partner:

     i     has been living with the sponsor for a period of at least 12 months in a partnership
           that is genuine and stable (see F2.10.1), and they meet the requirements for the
           recognition of a partnership set out at F2.15; and
     ii    has been a New Zealand residence class visa holder for at least three years or is a
           New Zealand citizen.

F4.35.5 Location of applicants’ other adult children

In order to qualify for residence under tier two of the Parent Category, all of the applicants’
adult children must live lawfully and permanently outside the country in which the applicant or
applicants live lawfully and permanently (see F4.5.1 and F4.40.35).


F4.35.5.1 Deferring the final decision

a.   If the principal applicant under tier two has not met the criteria under F4.35.5 at the time
     of assessment, but may be able to meet the criteria within six months, the final decision
     on the application may be deferred for up to six months.




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b.   A principal applicant and a partner included in the application already in New Zealand may
     be granted a further temporary visa or visas (once an application is made) for a period
     sufficient to enable a further assessment of their application after the six-month deferral
     period.


F4.35.10 Sponsors who are New Zealand Government beneficiaries ineligible

a.   A person will not be invited to apply for residence if they:

     i     submit an expression of interest under tier two; and
     ii    indicate that their sponsor receives a New Zealand Government benefit from Work and
           Income.

b.   Sponsors who receive a New Zealand Government benefit from Work and Income at the
     time an application is assessed will not be eligible to sponsor applicants for residence
     under tier two requirements of the Parent Category.
                                                                                Effective 30/07/2012

F4.40 Evidence

F4.40.1 Evidence of relationship of parent(s) to children

a.   Evidence of a parent’s relationship to their children is original or certified copies of:

     i     birth certificates establishing the relationship of the children to the parent; or
     ii    household registration documents, if these establish the relationship of the children to
           the parent; or
     iii   evidence of adoption (see R3), which establishes the relationship of the children to the
           parent.

b.   Other evidence establishing the relationship of the children to the parents may also be
     provided, or requested by an immigration officer.


F4.40.5 Evidence of relationship to grandparent where the sponsor's parents are
deceased

a.   Evidence of sponsor's relationship to their grandparent(s) is original or certified copies of:

     i     birth certificates establishing the relationship of the sponsor to the grandparent(s); or
     ii    household registration documents, if these establish the relationship of the sponsor to
           the grandparent(s); or
     iii   evidence of adoption (see R3), which establishes the relationship of the sponsor to the
           grandparent(s).

b.   Other evidence establishing the relationship of the sponsor to the grandparent(s) may also
     be provided, or requested by an immigration officer.


F4.40.10 Evidence of legal guardianship where the sponsor's parents are deceased

Evidence of legal guardianship of the sponsor includes but is not limited to documents showing
that the principal applicant had custody of the sponsor and the right to control the sponsor's
upbringing before the sponsor attained the age of 20, such as the following:
•    legal documents (such as the sponsor's parent's will) showing that the principal applicant


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     was named as the guardian of the sponsor, to have custody of the sponsor and the right
     to control their upbringing in the event of the death of the sponsor's biological or adoptive
     parents; or
•    a court order granting legal guardianship of the sponsor to the principal applicant
     (including custody of the sponsor and the right to control their upbringing) after the death
     of their parents and prior to the sponsor attaining the age of 20 years; or
•    documents showing that the sponsor lived with the principal applicant after the death of
     their parents and prior to the sponsor attaining the age of 20 years; or
•    documents such as medical and school records indicating that the principal applicant acted
     in the role of a parent for the sponsor after the death of their biological or adoptive
     parents and prior to the sponsor attaining the age of 20 years.

F4.40.15 Evidence that parents are deceased

a.   Evidence that a sponsor's parents are deceased is original or certified copies of death
     certificates for both parents.

b.   Where a death certificate is unobtainable, other documentary evidence must be provided
     that satisfies an immigration officer that the sponsor's parents are deceased, and the
     date(s) of their death.

c.   A death certificate is considered to be obtainable even if there is a possible delay or
     expense in obtaining it.


F4.40.20 Evidence of dependence

a.   Up to and including 20 years of age, if a child is unmarried then he or she is presumed to
     be dependent.

b.   For children aged 21 to 24, evidence of actual independence may be required.


F4.40.25 Evidence of sponsorship

Evidence is a Sponsorship Form for Residence in New Zealand that:

a.   confirms that the sponsor meets the requirements for sponsors who are natural persons
     set out at R4.5(d); and

b.   contains the undertakings required (see R4.10); and

F4.40.25.1 Evidence that the sponsor and/or their partner meets the minimum
income requirement

Evidence of meeting the minimum income requirement for sponsors (see F4.30.10 and
F4.35.1) may include, but is not limited to, original or certified copies of the following
documents:

•    an Inland Revenue Summary of Earnings which shows all income from employment,
     pension and withholding payments; or
•    wage slips; or
•    a current employment contract; or
•    bank statements or any other documents from financial institutions.




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F4.40.30 Evidence of applicant’s funds under tier one

F4.40.30.1 Evidence of guaranteed minimum lifetime income

a.   Evidence of guaranteed minimum lifetime income includes:

     i     pensions that will be paid to the applicant(s) indefinitely, including during any time
           that they will be New Zealand residents or citizens; or
     ii    other stable income paid to the applicant(s) indefinitely, including during any time that
           they will be New Zealand residents or citizens.

b.   An immigration officer may decline an application if they are not satisfied the applicant(s)
     income:

     i     is guaranteed; or
     ii    is stable (to at least the minimum level specified at F4.30.5); or
     iii   will be paid to the applicant(s) indefinitely.

F4.40.30.5 Evidence of the principal applicant's settlement funds and assets

a.   Evidence of settlement funds may include, but is not limited to:

     •     funds held in a New Zealand bank account(s); or
     •     funds held in an offshore bank account(s), together with evidence that the funds can
           be accessed from New Zealand; or
     •     acceptable evidence of net assets (either in New Zealand or offshore).
b.   All documents provided as valuations of assets must be:

     i     no more than three months old at the date the resident visa application is made; and
     ii    produced by a reliable independent agency.

c.   An immigration officer may seek further evidence if they:

     i     are not satisfied that the nominated funds and/or assets were earned or acquired
           legally; or
     ii    consider that the nominated funds and/or assets may have been gifted or borrowed;
           or
     iii   are not satisfied with the valuation provided; or
     iv    consider that the nominated funds and/or assets fail in some other way to meet the
           rules for settlement funds.

F4.40.30.10 Evidence of the transfer of the nominated funds to New Zealand

a.   Acceptable evidence of the transfer of the nominated funds must be provided by way of
     the telegraphic transfer documentation together with a current bank statement showing
     the transfer(s).

b.   An immigration officer may request any other information to satisfy them that the above
     requirements have been met.




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F4.40.35 Evidence of being 'lawfully and permanently' in a country

a.   Evidence that a person is lawfully and permanently in a country may include, but is not
     limited to, original or certified copies of:
     •   a passport or passport pages showing identity and a visa (or permit) indicating the
         holder is entitled to remain indefinitely in that country; or
     •   letters or other documents showing that indefinite residence in another country has
         been granted; or
     •   a passport or passport pages showing identity and nationality; or
     •   naturalisation or citizenship certificates.
b.   If a person does not need a visa (or permit) to live in their country of residence (e.g.
     European Union nationals living in other European Union countries), principal applicants
     must provide original or certified copies of:

     •   registration cards or certificates from the local police or municipal authority; or
     •   confirmation of the person's residence status from an authoritative source such as a
         municipal, judicial, police or government authority.

c.   Under both (a) and (b) above, evidence must also be provided of actual residence in the
     country. Evidence may include, but is not limited to, original or certified copies of:

     •   correspondence addressed to the person; or
     •   employment references; or
     •   rates demands; or
     •   income tax returns; or
     •   mortgage documents; or
     •   documents showing that household effects have been moved to that country.
                                                                             Effective 30/07/2012

F4.45 Verification of family details and documents

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).
                                                                             Effective 30/07/2012

F4.50 Conditions of a resident visa granted under the Parent Category

a.   A resident visa granted under the Parent Category is subject to the condition that the
     sponsor of the visa holder meets their obligations as set out at R4.10 until five years from
     the visa holder’s first day as a resident in New Zealand.

b.   The multiple entry travel conditions on a resident visa granted under the Parent Category
     must be valid until five years from the visa holder’s first day as a resident in New Zealand.
                                                                             Effective 30/07/2012




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F4 PARENT CATEGORY (TO 16/05/2012)
Note: The instructions contained in this section cease to be effective from 16 May 2012.

                                                                         Effective 16/05/2012




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F5 DEPENDENT CHILD CATEGORY
F5.1 How do dependent children qualify for a resident visa?

See previous instructions F5.1 Effective 29/11/2010


a.   Principal applicants meet Dependent Child Category if they:

     i     are:
            aged 21 to 24, with no child(ren) of their own; and
            single; and
            totally or substantially reliant on an adult (whether their parent or not) for financial
             support, whether they live with them or not; and
            their parent(s) is lawfully and permanently in New Zealand; or
     ii    are:
            aged 18 to 20, with no child(ren) of their own; and
            single; and
            their parent(s) is lawfully and permanently in New Zealand; or
     iii   are:
            aged 17 or younger; and
            single; and
            totally or substantially reliant on an adult (whether their parent or not) for financial
             support, whether they live with them or not; and
            their parent(s) is lawfully and permanently in New Zealand.
b.   Principal applicants under Dependent Child Category must also:

     i     have been born to, or adopted by (see R3), their parent(s) before their parent(s)
           made their own application for a residence class visa, and have been declared as
           dependent children on their parent(s) application for a residence class visa; or
     ii    have been born to their parent(s) after their parent(s) made their own application for
           a residence class visa; or
     iii   have been adopted by (see R3) their parent(s) after their parent(s) made their own
           application for a residence class visa, by a New Zealand adoption order made under
           the Adoption Act 1955, or an overseas adoption order which, under section 17 of the
           Adoption Act 1955, has the same effect as a New Zealand adoption order.

     Note: In the event that the principal applicant was born to, or adopted by their parent(s)
     before their parent(s) made their own application for a residence class visa, but that
     principal applicant was not declared as a dependent child on their parent’s application for a
     residence class visa, section R5.15 will apply.

c.   When determining whether a child of 21 to 24 years of age is totally or substantially
     reliant on an adult (whether their parent or not) for financial support, immigration officers
     must consider the whole application, taking into account all relevant factors including:
     •     whether the child is in paid employment, whether this is full time or part time, and its
           duration;
     •     whether the child has any other independent means of financial support;
     •     whether the child is living with its parents or another family member, and the extent
           to which other support is provided;
     •     whether the child is studying, and whether this is full time or part time.




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d.   Principal applicants under Dependent Child Category must meet health and character
     requirements (see A4 and A5).
                                                                              Effective 30/07/2012

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).

Note: For the purposes of these instructions partnerships are considered to exist irrespective of
duration.


F5.5.5 Definition of 'lawfully and permanently in New Zealand'

People who are lawfully and permanently in New Zealand must be actually residing in New
Zealand and be either:

a.   citizens of New Zealand; or

b.   holders (or deemed to be holders) of New Zealand residence class visas.
                                                                              Effective 29/11/2010

F5.10 Evidence

See previous instructions F5.10 Effective 29/11/2010


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     birth certificates establishing the relationship of the dependent child to the parent(s);
           or
     ii    household registration documents, if these establish the relationship of the dependent
           child to the parent(s); or
     iii   evidence of adoption (see R3), which establishes the relationship of the dependent
           child to the parent(s).

b.   Other evidence establishing the relationship of the children to the parent(s) may also be
     provided.

F5.10.5 Evidence of declaration by parent(s)

Evidence of declaration as a dependent child is the declaration of children on the parent(s)
residence application form.




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F5.10.10 Evidence that principal applicant is single, with no children, and 24 or
younger

a.   Evidence that the principal applicant is single, with no children, and aged 18 to 24, is:

     i     a declaration in the residence application form that the principal applicant is not
           married, is not in a civil union, and is not living in a de facto relationship; and
     ii    a declaration in the residence application form that the principal applicant has no
           children; and
     iii   a birth certificate or other evidence that the principal applicant is aged 18 to 24.

b.   Evidence that the principal applicant is single, and 17 or younger, is:

     i     a declaration in the residence application form that the principal applicant is not
           married, is not in a civil union, and is not living in a de facto relationship; and
     ii    a birth certificate or other evidence that the principal applicant is 17 or younger.

F5.10.15 Evidence of financial dependence (see F5.1)

a.   Up to and including 20 years of age, if a child is single and has no children of their own,
     they are presumed to be dependent.

b.   For children aged 21 to 24, evidence of actual dependence may be required.


F5.10.20 Evidence of adoption under New Zealand Adoption Act 1955 (see
F5.1(b)(iii))

Evidence is the original or a certified copy of the Notice of Adoption Order.

Note: Notices of interim orders are not evidence of adoption.


F5.10.25 Evidence that overseas adoption has the same effect as a New Zealand
adoption (see F5.1(b)(iii))

Evidence that an overseas adoption has the same effect as a New Zealand adoption under
section 17 of the Adoption Act 1955, includes:

a.   a ruling from a New Zealand court; or

b.   the assessment of the immigration officer, if there are clear precedents for adoptions from
     the country concerned.


F5.10.30 Evidence of parent’s New Zealand citizenship or residence class visa

a.   Evidence that a parent is a New Zealand citizen may include but is not limited to original
     or certified copies of:

     •     New Zealand passport; or
     •     a New Zealand birth certificate issued prior to 1 January 2006; or
     •     a New Zealand birth certificate issued on or after 1 January 2006 that positively
           indicates New Zealand citizenship; or
     •     a certificate of New Zealand citizenship; or
     •     a confirmation of New Zealand citizenship by descent certificate issued under the
           Citizenship Act 1977; or


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     •    an evidentiary certificate issued under the Citizenship Act 1977 confirming New
          Zealand citizenship.
b.   Evidence that a parent is a New Zealand resident is:

     i    a current New Zealand residence class visa in their passport or certificate of identity;
          or
     ii   evidence the parent is deemed to hold a New Zealand residence class visa.

F5.10.35 Evidence of being 'lawfully and permanently' in New Zealand

Evidence must be provided of actual residence in New Zealand. Evidence may include but is
not limited to original or certified copies of:

•    correspondence addressed to the applicant
•    employment references
•    rates demands
•    income tax returns
•    mortgage documents
•    documents showing that household effects have been moved to New Zealand.
                                                                             Effective 30/07/2012




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).
                                                                             Effective 29/11/2010

F5.20 Dependent children under 16 whose parents are separated or divorced

a.   If the parents of a child under the age of 16 are separated or divorced, the New Zealand
     citizen or resident parent must have the right to remove the child from the country in
     which rights of custody or visitation have been granted, or, if no such rights of visitation
     have been granted, from the country of residence.

b.   Such children will not be granted a resident visa unless the New Zealand citizen or
     resident parent produces satisfactory evidence of their right to remove the child from the
     country in which the rights of custody or visitation have been granted or, if no such rights
     of visitation have been granted, from the country of residence.

c.   Except where (d) applies, evidence of the right to remove the child from the country in
     which rights of custody or visitation have been granted must include original or certified
     copies of:

     i    legal documents showing that the New Zealand citizen or resident parent has the sole
          right to determine the residence of the child, without rights of visitation by the other
          parent; or



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     ii    a court order permitting the New Zealand citizen or resident parent to remove the
           child from its country of residence; or
     iii   legal documents showing that the New Zealand citizen or resident parent has custody
           of the child and a signed statement from the other parent, witnessed in accordance
           with local practice or law, agreeing to allow the child to live in New Zealand if the
           application is approved.

d.   Where an immigration officer is satisfied that:

     i     by virtue of local law, the New Zealand citizen or resident parent has the statutory
           right to custody of the child; and
     ii    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.
                                                                             Effective 29/11/2010

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.

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.

c.   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     a written statement confirmed by both parents at interview; or
     ii    a court order permitting the applicant to remove the child from its country of
           residence.

d.   If because of the death of one of the parents of a child under the age of 16, only one
     parent holds New Zealand citizenship or residence class visa, the death certificate of the
     other parent must be provided.

e.   Where an immigration officer is satisfied that:




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     i    by virtue of local law, the New Zealand citizen or resident parent has the statutory
          right to custody of the child; and
     ii   it is not possible or required under that local law to obtain individualised legal
          documents to verify that custodial right, the New Zealand citizen or resident parent
          will be considered by INZ to have the right to remove the child from its country of
          residence.
                                                                            Effective 29/11/2010

F5.30 English language requirements

a.   If a principal applicant was eligible to be included as a dependent child of a principal
     applicant in an earlier successful application under the General Skills Category, Skilled
     Migrant Category, Business Immigration Instructions or previous Business Investor
     Category, but was not at that time included in the application, they will have to meet the
     criteria of the English language instruction applicable at the time the application under
     Dependent Child Category is made.

b.   Such an applicant will be subject to the applicable English language instruction as if they
     were a non-principal applicant under the Skilled Migrant Category or Business Immigration
     Instructions.

c.   A principal applicant who would have been eligible for inclusion in an earlier General Skills
     category or Skilled Migrant Category application will be subject to the English language
     instruction of the Skilled Migrant Category applicable at the time the application under the
     Dependent Child Category is made.

d.   A principal applicant who would have been eligible for inclusion in an earlier Business
     Investor category or Business Immigration Instructions application will be subject to the
     English language instructions of Business Immigration Instructions applicable at the time
     the application under Dependent Child Category is made.
                                                                            Effective 29/11/2010

F5.35 Application under Dependent Child Category of person eligible for...

F5.35 Application under Dependent Child Category of person eligible for inclusion in
an earlier Family Quota, Refugee Family Support Category, Samoan Quota Scheme or
Pacific Access Category registration

If the principal applicant in an application under Dependent Child Category was eligible for
inclusion in a successful registration under either the Family Quota, Refugee Family Support
Category, Samoan Quota Scheme or Pacific Access Category but was not included, they will
not be granted a resident visa under Dependent Child Category.
                                                                            Effective 29/11/2010

F5.40 Resident visas with conditions

See previous instructions F5.40 Effective 29/11/2010


Dependent children accompanying principal applicants who are subject to conditions set out
under section 49(1), will be granted resident visas subject to the condition that “the principal
applicant comply with the conditions of the principal applicant’s visa”. (See R5.65.1).
                                                                           Effective: 26/03/2012




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F6 Sibling and Adult Child Category (to 16/05/2012)

Note: The instructions contained in this section cease to be effective from 16 May 1012.

                                                                         Effective 16/05/2012




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F7 INTER-COUNTRY ADOPTION
F7.1 Guidelines for inter-country adoptions

a.   If a New Zealand residence class visa holder or citizen legally adopts a child overseas, they
     may apply on its behalf for either New Zealand citizenship or residence.

b.   If a residence class visa is applied for, the child must meet the same requirements as
     other children of New Zealand citizens or residence class visa holders.

c.   The fact that a child has been adopted does not, of itself, entitle the child to be granted
     with a visa to travel to New Zealand, and immigration officers must assess whether or not
     the child meets the requirements for a residence class visa or a temporary class visa.

d.   A standard prerequisite for a child to travel to New Zealand for adoption purposes is the
     support of social welfare agencies, both in New Zealand and in the child's country of
     origin.
                                                                             Effective 29/11/2010

F7.5 Citizenship procedure

a.   The Department of Internal Affairs administers the Citizenship Act 1977 and determines
     whether or not an adopted child has a claim to New Zealand citizenship.

b.   Adoptive parents who are New Zealand citizens must apply to the appropriate overseas
     post or to the Department of Internal Affairs to determine the citizenship of the child.

c.   The process of determining citizenship involves establishing whether or not the adoption
     meets the requirements under section 17 of the Adoption Act 1955, and the process can
     be both complex and lengthy.


F7.5.1 Immigration requirements for adopted children

a.   Children adopted overseas or in New Zealand must meet immigration requirements unless,
     and until, their New Zealand citizenship is established.

b.   Evidence of New Zealand citizenship should be supplied to INZ if a child on a temporary
     visa in New Zealand is granted citizenship.
                                                                             Effective 29/11/2010

F7.10 Pre-adoption information

a.   Under the Adoptions Act 1955, social workers approve prospective parents and report to
     the Family Court, which rules on individual adoptions.

b.   Generally, the authorities in the child's country of origin must give permission for it to
     leave, and the adoption must conform with the law of that country.

c.   INZ offices should advise prospective adoptive parents to consult the New Zealand Child,
     Youth and Family (CYF), and to contact the equivalent welfare agency in the child's
     country.

d.   CYF will arrange for a home study and liaise with the appropriate inter-country adoption
     agency for a child study, after which CYF will advise INZ of the results.



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e.   CYF may also ask overseas posts to investigate the circumstances of the child.
                                                                         Effective 29/11/2010




23-2
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




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SM1 OBJECTIVE
a.   The objective of the Skilled Migrant Category is to provide for the grant of a resident visa
     to people who demonstrate that they:

     •   have skills to fill identified needs and opportunities in New Zealand; and
     •   are able to transfer those skills to New Zealand and link with local needs and
         opportunities; and
     •   are able to demonstrate an ability to contribute to New Zealand both economically and
         socially; and
     •   are able to demonstrate an ability to successfully settle in New Zealand.
b.   In meeting this objective the Skilled Migrant Category will maximise and accelerate the
     contribution of immigration to New Zealand's:

     •   capacity building, sustainable growth and innovation;
     •   global connectedness; and
     •   thriving and inclusive communities
     through focusing on a range of source regions to achieve a balanced programme and
     linking global talent with local opportunities.
                                                                            Effective 29/11/2010




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SM2 OVERVIEW OF SKILLED MIGRANT CATEGORY
a.   A person who is interested in applying for a resident visa under the Skilled Migrant
     Category must complete an Expression of Interest (EOI) form in the prescribed manner.

b.   EOIs which meet prerequisites for health, character, English language and age, and have a
     point score of 100 or more points are entered into the Pool of EOIs.

c.   Points for employability and capacity building factors are claimed by a person expressing
     interest in accordance with the requirements set out in the Skilled Migrant Category.

d.   EOIs in the Skilled Migrant Category Pool are selected from that Pool periodically on the
     Government's behalf by the Department of Labour.

e.   Selections from the Pool are made in the following manner:

     i    EOIs that have total points of 140 or more are selected automatically from the Pool;
     ii   EOIs that have total points of 100 or more but less than 140, and include points for
          offers of skilled employment or current skilled employment in New Zealand, are
          selected (according to their points ranking) in sufficient numbers to meet the
          requirements of the Skilled/Business Stream of the New Zealand Residence
          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.

g.   A selected EOI may result in an invitation to apply for a resident visa under the Skilled
     Migrant Category being granted, subject to an assessment of the credibility of the
     information provided in the EOI and whether the EOI indicates the presence of any health
     or character issues that may adversely affect the ability of the person expressing interest
     to be granted a resident visa under the Skilled Migrant Category.

h.   Whether, in any particular case, an EOI has been selected from the Pool, it may not result
     in an invitation to apply for a resident visa under the Skilled Migrant Category.

i.   Only a person invited to apply may apply for a resident visa under the Skilled Migrant
     Category.

j.   If a person is invited to apply, information provided in the EOI, and any further evidence,
     information and submissions provided by the applicant (including information concerning
     ability or potential to successfully settle in and contribute to New Zealand), will form the
     basis for determination of a subsequent application for a resident visa under the Skilled
     Migrant Category.

k.   Applications for a resident visa, resulting from an invitation to apply, must include:

     i    information and evidence to support the claims made in the EOI; and
     ii   information concerning any relevant fact (including any material change in
          circumstances that occurs after the EOI was selected) if that fact or change in
          circumstances may affect the decision on the application. Such a relevant fact or
          change in circumstances may relate to the principal applicant or another person



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           included in the application, and may relate to any matter relevant to Skilled Migrant
           Category.

l.   Applications will be assessed against instructions set out in sections SM4 to SM21 of the
     Skilled Migrant Category.

m. Principal applicants under the Skilled Migrant Category will be assessed against:

     i     health, character and English language requirements; and
     ii    employability and capacity building requirements; and
     iii   any criteria set from time to time by the Minister of Immigration which was the basis
           for selection from the Pool (see SM3.15.1); and
     iv    settlement and contribution requirements.

n.   Assessment against settlement and contribution requirements (see SM21) will take into
     consideration the application as a whole including information gained at interview, if an
     interview is conducted. The assessment concerning settlement and contribution may result
     in:

     i     the grant of a resident visa; or
     ii    deferral of the decision on the resident visa application and the grant of a work visa to
           enable a principal applicant to obtain an offer of ongoing skilled employment in New
           Zealand; or
     iii   decline of the resident visa application.




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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.




                                                                        Effective 29/11/2010




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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     the completed EOI form; and
     ii    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     provides information regarding their identity, health and character; and
     ii    provides information about their English language ability in accordance with the
           requirements for English language ability set out at SM5 of these instructions; and
     iii   claims points for employability and capacity building requirements in accordance with
           the employability and capacity building requirements set out at SM7 to SM19 of the
           Skilled Migrant Category.

c.   It is the responsibility of the person submitting the EOI to ensure that it is correct in all
     material respects.
                                                                              Effective 29/11/2010

SM3.5 Implications of providing false or misleading information
See also Immigration Act 2009 s 93
a.   The Immigration Act 2009 provides that:

     i     the provision of false or misleading information as part of an EOI or associated
           submission; or
     ii    the withholding of relevant, potentially prejudicial information from an EOI or
           associated submission; or
     iii   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.
                                                                             Effective 29/11/2010

SM3.10 Submission of Expressions of Interest to the Pool

See previous instructions SM3.10 Effective 29/11/2010

See also Immigration (Visa, Entry Permission, and Related Matters) Regulations 2010, reg 9
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    are described in sections 15 or 16 of the Immigration Act 2009 (see A5.20); or
     ii   would not be granted a medical waiver (see A4.60).

b.   has confirmed that they meet the minimum standard of English (see SM5); and

c.   has claimed a minimum of 100 points for employability and capacity building factors (see
     SM7 to SM19); and

d.   has claimed points for either recognised qualifications (see SM14) or work experience (see
     SM11); and

e.   is aged 55 years or younger.
                                                                             Effective 30/07/2012

SM3.15 Selection of Expressions of Interest

See previous instructions:
SM3.15 Effective 25/07/2011
SM3.15 Effective 01/02/2011
SM3.15 Effective 29/11/2010


a.   As Expressions of Interest (EOI) are entered into the Pool they will be ranked on the basis
     of total points claimed for employability and capacity building factors in accordance with
     the Skilled Migrant Category. The ranking of EOIs relative to each other will change as
     EOIs enter, or are withdrawn from, the Pool.

b.   EOIs in the Skilled Migrant Category Pool are selected from that Pool periodically on the
     Government's behalf by the Ministry of Business, Innovation and Employment.

c.   Selections from the Pool are made in the following manner:

     i    EOIs that have total points of 140 or more are selected automatically from the Pool;
     ii   EOIs that have total points of 100 or more but less than 140, and include points for
          the principal applicant's offer of skilled employment or current skilled employment in
          New Zealand, are selected (according to their points ranking) in sufficient numbers to
          meet the requirements of the Skilled/Business Stream of the New Zealand Residence
          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)


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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.   The following additional selection criteria apply for the purposes of SM3.15(d), for
     selections from the Pool occurring until 31 January 2013 inclusive.

b.   EOIs will be selected by applying the criteria in the order in which they appear in (i) – (iv),
     to the extent necessary to satisfy any exercise of the discretion under SM3.15 (d):

     i     EOIs that include 15 points for work experience in an area of absolute skills shortage
           (in descending order of their points total);
     ii    EOIs that include 10 points for work experience in an area of absolute skills shortage
           (in descending order of their points total);
     iii   EOIs that include 10 points for a qualification in an area of absolute skills shortage (in
           descending order of their points total);
     iv    the points total of EOIs not meeting any of the criteria in (i) – (iii) (in descending
           order).
                                                                                Effective 30/07/2012

SM3.20 Currency of an Expression of Interest

a.   An EOI is current for a period of six months from the date of initial submission to the Pool
     unless no Pool selection of Expressions of Interest has occurred within that six-month
     period. Where this is the case, the Expression of Interest is current until such time as a
     selection from the Pool of Expressions of Interest has occurred.

b.   An EOI that is no longer current will be withdrawn from the Pool.

c.   An EOI will also be withdrawn from the pool if it is rejected after selection because it does
     not meet prerequisites for entry to the Pool and as a result no invitation to apply has been
     issued.
                                                                                Effective 29/11/2010

SM3.25 Invitation to apply for a resident visa under the Skilled Migrant
Category

a.   People whose Expressions of Interest (EOIs) have been selected from the Pool may be
     issued with an invitation to apply for a resident visa under the Skilled Migrant Category if:

     i     the information provided does not indicate the presence of any health or character
           issues which may adversely affect their ability to be granted a resident visa under the
           Skilled Migrant Category; and
     ii    an immigration officer considers that the person's claims in regard to points for
           employability and capacity building factors, English language ability, and any criteria
           set from time to time by the Minister of Immigration (see SM3.15.1) which were the
           basis for selection from the Pool are credible.




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b.   An immigration officer may seek further evidence, information and submissions from a
     person whose EOI has been selected from the Pool, for the purpose of determining
     whether their claims are credible and whether there are any health or character issues
     which may adversely affect their ability to be granted a resident visa under the Skilled
     Migrant Category.

c.   Whether, in any particular case, an EOI has been selected from the Pool, it may not result
     in an invitation to apply for a resident visa under the Skilled Migrant Category.

Note: An immigration officer's decision to invite a person to apply for a resident visa under the
Skilled Migrant Category (based on information evidence and submissions provided prior to
application) does not guarantee:

~ the points claimed by the applicant; or
~ a positive assessment against health, character or English language requirements;

in any subsequent application for a resident visa.

                                                                           Effective 29/11/2010




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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.   they have been issued with an invitation to apply under the Skilled Migrant Category; and

b.   they apply for a resident visa under the Skilled Migrant Category within four months of the
     date of the letter in which that invitation is made; and

c.   that invitation has not been revoked.
                                                                               Effective 29/11/2010

SM4.5 Approval of applications under the Skilled Migrant Category

a.   Principal applicants under the Skilled Migrant Category are assessed against:

     i     health, character and English language requirements; and
     ii    employability and capacity building requirements; and
     iii   settlement and contribution requirements.

b.   An application under the Skilled Migrant Category will be approved if:

     i     the principal applicant and family members included in the application meet health and
           character, and English language requirements where required; and
     ii    the principal applicant qualifies for the points for employability and capacity building
           factors on the basis of which their Expression of Interest was selected from the Pool;
           or
     iii   the principal applicant meets the criteria set from time to time by the Minister of
           Immigration on the basis of which their Expression of Interest was selected from the
           Pool (see SM3.15.1); and
     iv    the principal applicant is less than 56 years of age; and
     v     the principal applicant is assessed as having the ability to successfully settle in and
           contribute to New Zealand; and
     vi    all necessary verification of the application has been completed.

c.   Despite SM4.5(b)(ii) and (iii) above, if a principal applicant does not qualify for the points
     for employability and capacity building factors on the basis of which their Expression of
     Interest was selected from the Pool, or meet the criteria set from time to time by the
     Minister of Immigration on the basis of which their Expression of Interest was selected
     from the Pool (see SM3.15.1), an immigration officer may, on a case by case basis,
     determine that the application may nevertheless be approved, where:

     i     the principal applicant has satisfied the immigration officer that there was a
           reasonable basis for making the claim for points in the Expression of Interest and that
           in making that claim there was no fraud or intent to deceive; and
     ii    the points for which the principal applicant qualifies for employability and capacity
           building factors on the basis of which a subsequent selection was made, within the
           period of currency of their Expression of Interest; or
     iii   the principal applicant meets the criteria set from time to time by the Minister of
           Immigration on the basis of which a subsequent selection was made (see SM3.15.1),
           within the period of currency of their Expression of Interest.


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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.
                                                                                Effective 29/11/2010

SM4.10 Health, character and English language requirements

a.     Applicants under the Skilled Migrant Category must meet health and character
       requirements (see A4 and A5).

b.     Applicants under the Skilled Migrant Category must meet a minimum standard of English
       or, where instructions allow pre-purchase ESOL tuition.
                                                                                Effective 29/11/2010

SM4.15 Employability and capacity building requirements (SM7 to SM20)

a.     Employability and capacity building factors are assessed using a points system.

b.     An application for a resident visa under the Skilled Migrant Category will be declined if a
       principal applicant does not:

       i     qualify for the points for employability and capacity building factors; or
       ii    meet the criteria set from time to time by the Minister of Immigration (see SM3.15.1),
       on the basis of which their Expression of Interest was selected from the Pool, unless
       SM4.5(c) applies.

c.     An application for a resident visa under the Skilled Migrant Category will be declined if the
       principal applicant does not qualify for points for either work experience (see SM11) or
       qualifications (see SM14).
                                                                                Effective 29/11/2010

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.

b.     Principal applicants who:

       i     qualify for 50 points for an offer of skilled employment or current skilled employment
             in New Zealand for less than 12 months; or
       ii    qualify for 60 points for current skilled employment in New Zealand for twelve months
             or more; or
       iii   have undertaken full time study for at least two years in New Zealand that has
             resulted in the award of a Doctorate or Masters degree;
       have demonstrated the ability to successfully settle in and contribute to New Zealand.

c.     Principal applicants who do not have points for any of these factors will be further
       assessed.

d.     If, as a result of this further assessment, a principal applicant, despite not meeting the
       requirements of (b) above, is assessed as having a high potential to readily obtain skilled


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     employment in New Zealand, they will be assessed as having demonstrated the ability to
     successfully settle in and contribute to New Zealand. Their application for a resident visa
     may be approved subject to meeting any other relevant requirements.

e.   If, as a result of the further assessment, a principal applicant is assessed as having
     demonstrated they can realise their potential to successfully settle in and contribute to
     New Zealand, a decision on the resident visa application will be deferred and the principal
     applicant will be eligible for the grant of a work visa for the purpose of obtaining an offer
     of skilled employment in New Zealand that is ongoing. Principal applicants who obtain an
     offer of skilled employment during the deferral period will have their application for a
     resident visa approved.

f.   If, as a result of the further assessment, a principal applicant has not demonstrated they
     can realise their potential to successfully settle in and contribute to New Zealand, their
     application for a resident visa will be declined.
                                                                            Effective 30/07/2011

SM4.25 Migrant levy

Principal applicants approved-in-principle under the Skilled Migrant Category must deposit a
Migrant Levy (see R5.90) when:

a.   their application is approved-in-principle, unless:

b.   the Levy has been paid prior to the principal applicant being granted a work visa for the
     purpose of obtaining an offer of skilled employment in New Zealand.
                                                                            Effective 29/11/2010

SM4.30 Resident visa subject to conditions
See also Immigration Act 2009 ss 49, 50

SM4.30.1 Resident visas may be subject to conditions

a.   A resident visa may be granted under the Skilled Migrant Category to a principal applicant
     (and any accompanying partner and dependent children) subject to conditions imposed
     under section 49(1) of the Immigration Act.

b.   Resident visas will be granted subject to conditions where SM4.30.10 and/or SM4.30.15
     below apply.

SM4.30.5 Compliance with conditions

When an applicant under this category satisfies an immigration officer that the conditions on
their resident visa under section 49(1) have been complied with, those conditions will be
cancelled and the officer will advise the applicant accordingly in writing.


SM4.30.10 Offer of skilled employment or skilled employment for less than 3 months

Where a resident visa is granted under the Skilled Migrant Category on the basis that the
principal applicant qualifies for points for an offer of skilled employment in New Zealand or
current skilled employment in New Zealand for less than three months (see SM7), the visa
holder is subject to the following conditions:

a.   In the case of the principal applicant who:



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       i     has an offer of skilled employment - that they take up that offer of skilled employment
             within three months of their first entry to New Zealand as a resident (if the visa was
             granted offshore), or the grant of their resident visa (if the visa was granted in New
             Zealand), and they remain in that employment (or another position of employment
             that meets the requirements for offers of skilled employment including requirements
             for bonus points if the offer of employment qualified for bonus points under SM8 or
             SM9), for a period of at least three months; or
       ii    has current skilled employment in New Zealand for less than three months - that they
             remain in that employment (or another position of employment that meets the
             requirements for current skilled employment including requirements for bonus points
             if the employment qualified for bonus points under SM8 or SM9), for a period of at
             least three months; and
       iii   that they inform the nearest branch of INZ of their residential address and any
             changes of residential address while they are subject to those requirements; and
       iv    that they submit evidence to an immigration officer that, within five years of their first
             entry to New Zealand as a resident (if the visa was granted offshore), or the grant of
             their resident visa (if the visa was granted in New Zealand), the conditions set out
             above have been met.

b.     In the case of any accompanying partner and dependent child - that the principal applicant
       comply with the conditions to which they are subject.

SM4.30.15 Where occupational registration subject only to interview by Medical or
Dental Council

Where a resident visa application is approved on the basis that the principal applicant is
eligible for occupational registration under SM19.15(b)(ii) subject only to a satisfactory
personal interview with a representative of the Medical or Dental Council on arrival in New
Zealand, the visa holder is subject to the following conditions:

a.     In the case of the principal applicant -

       i     that, within one month of their first entry to New Zealand as a resident (if the visa was
             granted offshore), or the grant of their resident visa (if the visa was granted in New
             Zealand), the applicant obtains full or provisional occupational registration in New
             Zealand; and
       ii    that, within five years of the grant of their first entry to New Zealand as a resident (if
             the visa was granted offshore), or the grant of their resident visa (if the visa was
             granted in New Zealand), the applicant submits evidence to an immigration officer
             that requirement (i) above has been met.




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b.   In the case of any accompanying partner and dependent child - that the principal applicant
     comply with the conditions to which they are subject.
                                                                            Effective 29/11/2010

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.
                                                                            Effective 29/11/2010

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.
                                                                            Effective 29/11/2010




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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.

b.   Non-principal applicants (partners and dependent children aged 16 and older who are
     included in Skilled Migrant Category applications) are required to meet a minimum
     standard of English or to pre-purchase ESOL training, to enable successful settlement in
     New Zealand.
                                                                            Effective 29/11/2010

SM5.5 Minimum standard of English language for principal applicants

See previous instructions SM5.5 Effective 29/11/2010


a.   Applications under the Skilled Migrant Category must be declined if the principal applicant
     has not met the minimum standard of English.

b.   Principal applicants under the Skilled Migrant Category meet the minimum standard of
     English if they provide a Test Report Form (no more than 2 years old at the time the
     application is lodged) from the International English Language Testing System (IELTS),
     showing they achieved an overall band score of at least 6.5 in the IELTS General or
     Academic Module.

c.   Notwithstanding (b) above, an immigration officer may, on a case by case basis, consider
     the following as evidence of the principal applicant meeting the minimum standard of
     English if:

     i     they provide evidence that their recognised qualification(s):
            was gained as a result of a course or courses of study in which English was the only
             medium of instruction; and
            (if that qualification was gained in New Zealand) the qualification had a minimum
             completion time of at least two years and is at least a bachelor degree or it is a
             post-graduate qualification and the applicant has an undergraduate qualification that
             qualifies for points; or
     ii    they have current skilled employment in New Zealand for a period of at least 12
           months that qualifies for points (see SM7); or
     iii   they provide other evidence which satisfies an immigration officer that, taking account
           of that evidence and all the circumstances of the application, they are a competent
           user of English. These circumstances may include but are not limited to:
            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.




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d.   In any case, an immigration officer may require an applicant to provide an IELTS
     certificate in terms of paragraph (b). In such cases, the IELTS certificate will be used to
     determine whether the principal applicant* meets the minimum standard of English.

Note: Full consideration must be given to all evidence of English language ability provided
before a decision to request an IELTS certificate under SM5.5 (d) is made. If an IELTS
certificate is requested the reason(s) behind the decision must be clearly documented and
conveyed to the applicant.

                                                                             Effective 25/07/2011

SM5.10 English language requirements for non-principal applicants

a.   Unless SM5.15 applies, partners and dependent children aged 16 and older, who are
     included in Skilled Migrant Category applications, must:

     i     show that they meet a minimum standard of English to enable successful settlement in
           New Zealand; or
     ii    pre-purchase ESOL training; or
     iii   provide other evidence which satisfies a visa or immigration officer that, taking
           account of that evidence and all the circumstances of the application, they are a
           competent user of English (see SM5.5 (c)(iii)).

b.   Non-principal applicants meet the minimum standard of English if:

     i     they provide a Test Report Form (no more than 2 years old at the time the application
           is lodged) from IELTS, showing they achieved an overall band score of at least 5 in the
           IELTS General or Academic Module; or
     ii    (if they are the partner of a principal applicant), they have current skilled employment
           in New Zealand for a period of at least 12 months that qualifies for points (see SM10);
           or
     iii   they provide evidence of one of the following:
            completion of all primary education and at least 3 years of secondary education
             (that is, the equivalent of New Zealand Forms 3 to 5 or years 9 to 11) at schools
             using English as the language of instruction;
            completion of at least 5 years of secondary education (that is, the equivalent of New
             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);

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           that the applicant holds South African Senior Certificate, including a minimum D
            pass in English (Higher Grade), endorsed with the words 'matriculation exempt';
           that the applicant holds a New Zealand Tertiary Entrance Qualification gained on
            completing the seventh form.
c.   In any case, an immigration officer may require an applicant to provide an IELTS
     certificate in terms of paragraph (b)(i). In such cases, the IELTS certificate will be used to
     determine whether the applicant meets the minimum standard of English.
                                                                             Effective 29/11/2010

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).
                                                                             Effective 29/11/2010

SM5.20 Pre-purchase of ESOL tuition

See previous instructions SM5.20 Effective 29/11/2010


a.   Instead of meeting the minimum standard of English, non-principal applicants may pre-
     purchase ESOL tuition. ESOL tuition must be pre-purchased from TEC (Tertiary Education
     Commission) by paying the required charge to INZ (who collect this charge on behalf of
     TEC).

b.   Applicants must pay any ESOL charge due, sign the ESOL Agreement and return it to INZ
     within the time specified by INZ before a resident visa is granted.

SM5.20.1 TEC to arrange ESOL tuition

a.   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.

b.   TEC advises the applicant of the list of suitable ESOL tuition providers in New Zealand,
     from which the applicant may nominate one of their own choice.

c.   TEC will manage the contract between the ESOL tuition provider and the applicant.

d.   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.

b.   The content of the Agreement is determined by INZ and TEC.

c.   Included with the Agreement is a Schedule that sets out the personal details of the
     applicant and the amount of tuition to be purchased.



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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.

b.   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).

c.   If the Agreement is not signed and returned to INZ within the time specified by INZ, the
     resident visa application must be declined.

d.   The INZ copy of the Agreement should be sent to the TEC.

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       Charge to be paid         ESOL entitlement
     4.5 or more but less     NZ$1,735                  NZ$1,533.33
     than 5
     4 or more, but less      NZ$3,420                  NZ$3,066.66
     than 4.5
     3.5 or more, but less    NZ$5,110                  NZ$4,599.99
     than 4
     Less than 3.5            NZ$6,795                  NZ$6,133.33

b.   The charge includes the applicant's ESOL tuition entitlement, as well as the INZ and TEC
     administration costs.

c.   If an applicant has not submitted IELTS results when requested, the maximum charge of
     NZ$6,795 applies.

SM5.20.20 Failure to pre-purchase ESOL tuition

Any ESOL tuition charge due must be paid before the grant of a resident visa. If it is not paid
to the INZ within the specified time, the resident visa application must be declined.


SM5.20.25 Limited period to use ESOL tuition

a.   If ESOL tuition is purchased, the applicant must complete the tuition within 5 years from
     the date of payment.

b.   ESOL tuition will not be available without further payment, nor will refunds be given, to
     applicants who do not take up ESOL tuition within the time limits specified in paragraph
     (a).

SM5.20.27 Extension of period to complete ESOL tuition

a.   Applicants who have pre-purchased ESOL tuition:


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     i    in New Zealand on or after 31 March 2005 and prior to 31 March 2008; or
     ii   outside New Zealand on or after 31 September 2004 and prior to 31 March 2008
     will have up to 5 years from the date of payment to complete the tuition.

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.

b.   Requests for refunds must be declined if they are made more than six months after the
     expiry of the travel conditions allowing travel to New Zealand.

c.   Immigration officers considering requests for refunds must be satisfied that the principal
     applicant and partner and dependent children included in the application:

     i    have not entered New Zealand as residents; and
     ii   do not hold resident visas with current travel conditions.

d.   The person who paid the fee will be refunded only the ESOL entitlement. INZ and TEC
     administration costs will not be refunded.
                                                                          Effective: 07/11/2011




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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                                                     Points   Criteria
Skilled employment:
•    Current skilled employment in NZ for 12 months or      60       SM7
     more
•    Offer of skilled employment in New Zealand or          50       SM7
     current skilled employment in New Zealand for less
     than 12 months
Bonus points for employment or offer of employment in:
•    An identified future growth area                       10       SM8
•    An area of absolute skills shortage                    10       SM8
•    Region outside Auckland                                10       SM9
•    Partner employment or offer of employment              20       SM10
Work experience:
•    2 years                                                10       SM11
•    4 years                                                15
•    6 years                                                20
•    8 years                                                25

•    10 years                                               30
Additional bonus points if work experience in New                    SM12
Zealand:
•    1 year                                                 5
•    2 years                                                10
•    3 years or more                                        15
Additional bonus points for work experience in an                    SM13
identified future growth area:
•    2 to 5 years                                           10
•    6 years or more                                        15
Additional bonus points for work experience in an area of
absolute skills shortage:
•    2 to 5 years                                           10
•    6 years or more                                        15
Qualifications:
•    Recognised level 4-6 qualification (e.g. trade         40       SM14
     qualification, diploma)




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•   Recognised level 7 or 8 qualification (e.g bachelors   50
    degree, bachelors degree with Honours)

•   Recognised level 9 or 10 post-graduate qualification   60
    (Masters degree, Doctorate)
Bonus points for:
•   2 years of full-time study in New Zealand completing   10   SM15
    a recognised bachelor degree (level 7) New Zealand
    qualification
•   1 year of full-time study in New Zealand completing a 10    SM15
    recognised post-graduate New Zealand qualification
•   2 years of full-time study in New Zealand completing 15     SM15
    a recognised post-graduate New Zealand qualification
•   Qualification in an identified future growth area      10   SM16
•   Qualification in an area of absolute skill shortage    10   SM16
•   Partner qualifications
    – recognised level 4-6 qualification
                                                           10   SM17
    – recognised level 7 + qualification                   20   SM17
•   Close family support in New Zealand                    10   SM20

Age (20 to 55 yrs):
•   20-29                                                  30   SM18
•   30-39                                                  25
•   40-44                                                  20
•   45-49                                                  10
•   50-55                                                  5
                                                                  Effective 25/07/2011




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SM7 SKILLED EMPLOYMENT
SM7.1 Aim and intent

a.   The aim of providing points for skilled employment is:

     i     to facilitate access by New Zealand employers and industry to global skills and
           knowledge; and
     ii    to recognise that people who have skilled employment in New Zealand are well
           positioned to meet New Zealand's needs and opportunities and more quickly achieve
           positive settlement outcomes.

Note: The aim of providing points for skilled employment is not met by a person undertaking
employment in their own business rather than for a third party. People wishing to obtain
residence by establishing and operating their own business in New Zealand should apply under
the Business categories.

                                                                             Effective 29/11/2010

SM7.5 Points for skilled employment

a.   A principal applicant's current skilled employment in New Zealand for a period of at least
     twelve months qualifies for sixty points.

b.   A principal applicant's:

     i     offer of skilled employment in New Zealand; or
     ii    current skilled employment in New Zealand for a period of less than twelve months,
     qualifies for fifty points.
                                                                             Effective 29/11/2010

SM7.10 Skilled Employment

See previous instructions SM7.10 Effective 29/11/2010


a.   Skilled employment is employment that requires specialist, technical or management
     expertise obtained through:

     i     the completion of recognised relevant qualifications; or
     ii    recognised relevant work experience (see SM7.10.15 below); or
     iii   the completion of recognised relevant qualifications and work experience.

b.   Assessment of whether an occupation is skilled for the purposes of the Skilled Migrant
     Category (SMC) is primarily based on the Australian and New Zealand Standard
     Classification of Occupations (ANZSCO) which associates skill levels with each occupation.

           Note: The ANZSCO is available at www.immigration.govt.nz/ANZSCO

SM7.10.1 Assessment of whether employment is skilled

An offer of employment or current employment in New Zealand will be assessed as skilled if it
meets the requirements of (a), (b) or (c) below.

a.   The occupation is included in part A of the List of Skilled Occupations held at Appendix 6
     and the principal applicant can demonstrate that their offer of employment or current


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     employment substantially matches the description for that occupation (including core
     tasks) as set out in the ANZSCO and:

     i     the applicant holds a relevant recognised qualification which is at, or above, the
           qualification level on the NZQF (see SM14.5) that corresponds to the indicative skill
           level described for that occupation in the ANZSCO; or
     ii    the applicant has the relevant recognised work experience that the ANZSCO indicates
           may substitute the required qualification; or
     iii   the employment is in an occupation included on the Long Term Skill Shortage List and
           the applicant meets the relevant requirements specified in column three of the Long
           Term Skill Shortage List for that occupation.
     iv    notwithstanding (a) (ii), applicants with Skill Level One Occupations can substitute the
           required qualification with five years of relevant work experience.

b.   The occupation is included in part B of the List of Skilled Occupations held at Appendix 6
     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
     ii    has the relevant recognised work experience that the ANZSCO indicates may
           substitute the required qualification; or
     iii   the employment is in an occupation included on the Long Term Skill Shortage List and
           the applicant meets the relevant requirements specified in column three of the Long
           Term Skill Shortage List for that occupation.

c.   The occupation is included in part C of the List of Skilled Occupations held at Appendix 6
     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
     ii    at least three years of relevant recognised work experience and that current
           employment or the position in which the employment is offered, has an annual base
           salary of at least NZ$45,000.Note: For the avoidance of doubt, the annual base salary
           excludes employment related allowances (for example overtime, tool or uniform
           allowances, medical insurance, accommodation) and must be calculated on the basis
           of 40 hours' work per week.

d.   Where a principal applicant's offer of employment or current employment in New Zealand
     does not meet the requirements of (a), (b), or (c) above they may nevertheless qualify for
     points for skilled employment if:

     i     their employment in the occupation will enhance the quality of New Zealand's
           accomplishments and participation in that occupational area because the principal
           applicant has an international reputation and record of excellence in that field; and
     ii    the required expertise for the occupation has been gained through relevant recognised
           qualifications or work experience.



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SM7.10.3 Occupations awarded points for skilled employment as an exception

A principal applicant's offer of employment or current employment in New Zealand also
qualifies for skilled employment points if:

a.   it is in an occupation included in the list of occupations held at Appendix 7 (Occupations
     Treated as Exceptions); and

b.   the principal applicant can demonstrate that their offer of employment or current
     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
     ii   the relevant work experience that the ANZSCO indicates may substitute the required
          qualification.

SM7.10.5 Relevance of qualification(s) to employment

Qualifications are relevant to employment if:

a.   the major subject area of the principal applicant's recognised qualification is directly
     applicable to the employment; and/or

b.   an immigration officer is satisfied that the qualification was a key factor in the employer's
     decision to employ the principal applicant in that position.

Note: For the purposes of this provision, 'qualifications' must meet the requirements for
recognition set out in SM14.5 (except where SM7.10.3 applies) but are not required to be the
same qualification(s) that qualifies for points under the Qualifications part of these instructions
(see SM14).


SM7.10.10 Relevance of work experience to employment

Work experience is relevant to employment if the employer considers, and an immigration
officer is satisfied that:

a.   the work experience is directly applicable to the employment; and/or

b.   the offer of employment could not reasonably have been made or the employment could
     not reasonably have been undertaken if the applicant did not have that work experience.


SM7.10.15 Recognised work experience

a.   Work experience will be recognised if an immigration officer is satisfied that the principal
     applicant's work experience has been lawfully obtained.




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b.   Work experience will not be recognised if it was gained while in a country where the
     principal applicant was either an unlawful resident or required authority to undertake
     employment, but did not have such authority.
                                                                                     Effective: 07/11/2011

SM7.15 Additional requirements for skilled employment

a.   Skilled employment only qualifies for points if the employment is:

     i     full time (employment is full-time if it amounts to, on average, at least 30 hours per
           week); and
     ii    genuine; and
     iii   for a position that is paid by salary or wages or in terms of a contract for service
           (payment by commission and/or retainer are not acceptable), and
     iv    accompanied by evidence of full or provisional registration, or evidence of eligibility for
           registration by the New Zealand Medical or Dental Council subject only to an interview
           with the relevant registration authority on arrival, if full or provisional registration is
           required by law to undertake the employment (see SM19.20); and

           Note: For medical practitioners, registration within a 'special purpose scope of practice' is
     not full or provisional registration for the purpose of a resident visa application or a work to
     residence application.

     v     the employment was not offered as a result of payment made by the applicant (or
           their agent) to the employer (or their agent) in exchange for securing that offer of
           employment. Such practices are contrary to the principles of the Wages Protection Act
           1983, as well as to immigration instructions.

           Note: To determine whether an offer of employment is skilled, an immigration officer may
     consider whether the remuneration offered for the position is comparable to the market rate for
     New Zealand workers in that occupation.

b.   Employment must be ongoing and sustainable. Ongoing and sustainable employment is:

     i     an offer of employment or current employment with a single employer and permanent,
           or indefinite, or for a stated term of at least twelve months with an option for the
           employee of further terms, and of which the employer is in a position to meet the
           terms specified; or
     ii    employment on a contract basis where the applicant:
            has a consistent history of contract work, and
            has a current contract for services, and
            INZ is satisfied that such contract work is likely to be sustained.

     Note: When assessing whether employment is sustainable, officers may consider, but are
     not limited to, such factors as the residence status of the employer, the period for which
     the employing organisation has been established as a going concern, and the financial
     sustainability of the employing organisation.




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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).
                                                                           Effective 29/11/2010

SM7.20 Requirements for employers

a.   All employers wishing to employ non-New Zealand citizens or residents must comply with
     all relevant employment and immigration law in force in New Zealand. Compliance with
     relevant New Zealand employment and immigration law includes, but is not limited to:

     i     paying employees no less than the appropriate minimum wage rate or other
           contracted industry standard; and
     ii    meeting holiday and special leave requirements or other minimum statutory criteria,
           e.g. occupational safety and health obligations; and
     iii   only employing people who have authority to work in New Zealand.

b.   To qualify for points, skilled employment must be with an employer who has good
     workplace practices, including a history of compliance with all immigration and
     employment laws such as the Immigration Act, the Injury Prevention, Rehabilitation and
     Compensation Act, the Minimum Wage Act, the Health and Safety in Employment Act, the
     Employment Relations Act and the Holidays Act.

c.   Current employment or an offer of employment does not qualify for points if it is not
     compliant with all relevant immigration and employment laws in force in New Zealand or if
     INZ considers that the employment of the applicant creates unacceptable risks to the
     integrity of New Zealand's immigration or employment laws, policies or instructions.

     Note: To determine whether an offer of employment creates an unacceptable risk to the
     integrity of New Zealand's immigration and employment laws, policies or instructions an
     immigration officer may consider whether the remuneration offered for the position is
     comparable to the market rate for New Zealand workers in that occupation.
                                                                           Effective 29/11/2010




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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.
                                                                            Effective 29/11/2010

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.
                                                                            Effective 29/11/2010

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.
                                                                            Effective 29/11/2010

SM8.20 Employment in an area of absolute skills shortage

a.   A principal applicant is assessed as having employment in an area of absolute skills
     shortage if:

     i     they are employed in an occupation included on the Long Term Skill Shortage List
           (refer Appendix 4) or that was on the Long Term Skill Shortage List at the time their
           Expression of Interest was selected; and
     ii    the current employment or offer of employment meets the specifications for that
           occupation; and
     iii   they are suitably qualified by training and/or experience to undertake the employment
           or offer of employment (including any specific requirements set out on the Long Term
           Skill Shortage List or that were listed on the date their Expression of Interest was
           selected).

b.   Skilled employment in an area of absolute skills shortage only qualifies for points if a
     principal applicant provides evidence that their employment or offer of employment meets
     the requirements of (a) above.
                                                                            Effective 29/11/2010

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SM9 BONUS POINTS: EMPLOYMENT OUTSIDE THE AUCKLAND
REGION
SM9.1 Aim and intent

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.
                                                                           Effective 29/11/2010

SM9.5 Bonus points for employment outside the Auckland region

See previous instructions SM9.5 Effective 29/11/2010


Current skilled employment or an offer of skilled employment outside the Auckland region
qualifies for ten points.
                                                                           Effective 04/04/2011

SM9.10 Definition: Employment outside the Auckland region

See previous instructions SM9.10 Effective 29/11/2010

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.

                                                                           Effective 04/04/2011

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.
                                                                           Effective 29/11/2010




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SM10 BONUS POINTS: PARTNER'S SKILLED EMPLOYMENT IN
NEW ZEALAND
SM10.1 Aim and intent

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.
                                                                             Effective 29/11/2010

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.
                                                                             Effective 29/11/2010

SM10.10 Award of points

A partner's offer of skilled employment or current skilled employment in New Zealand only
qualifies for points under this provision if:

a.   the partner's offer of skilled employment or current skilled employment meets the
     requirements for 'skilled employment' as set out in SM7; and

b.   the principal applicant's partner is included in the application; and

c.   the partner meets the English language requirements for principal applicants (see
     SM5.15); and

d.   an immigration officer is satisfied that the principal applicant and their partner have been
     living together for 12 months or more in a partnership that is genuine and stable (see
     F2.10.1) and otherwise meets criteria for Partnership Category (see F2.15).
                                                                             Effective 29/11/2010




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SM11 WORK EXPERIENCE
SM11.1 Aim and intent

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.
                                                                               Effective 29/11/2010

SM11.5 Points for recognised work experience

Recognised work experience qualifies for points as set out below:

2 years      10 points
4 years      15 points
6 years      20 points
8 years      25 points
10 years     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.

                                                                               Effective 29/11/2010

SM11.10 Requirements for recognition

Work experience is recognised and qualifies for points if it meets the requirements set out at
(a) and (b) below:

a.   An immigration officer must be satisfied that work experience is:

     i     relevant to the principal applicant's current skilled employment in New Zealand or
           offer of skilled employment in New Zealand (see SM7); or
     ii    relevant to the principal applicant's recognised qualification (see SM14); or
     iii   skilled, because it required, or enabled the principal applicant to gain specialist,
           technical or management skills and experience relevant to an occupation that is
           included in the lists of occupations held at Appendix 6 or Appendix 7.

b.   Work experience must also have been gained in a labour market that is comparable to the
     New Zealand labour market unless:

     i     the work experience meets the requirements set out at SM13.20 for work experience
           in an area of absolute skills shortage; or
     ii    the principal applicant has current skilled employment in New Zealand or an offer of
           skilled employment in New Zealand (see SM7).




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SM11.10.1 Definition: Comparable labour market

a.   Work experience is assessed as being in a comparable labour market if it was undertaken
     in one of the following countries by:

     i    a citizen or permanent resident of that country; or
     ii   a person who had the lawful authority to work in that country.
          Australia                   Malaysia
          Austria                     New Zealand
          Belgium-Luxembourg          Netherlands
          Canada                      Norway
          Cyprus                      Philippines
          Denmark                     Portugal
          Finland                     Republic of South Korea
          France                      Singapore
          Germany                     South Africa
          Greece                      Spain
          Iceland                     Sweden
          Ireland                     Switzerland
          Israel                      United Kingdom
          Italy                       United States
          Japan

b.   Work experience undertaken in a country not listed at (a) above will be assessed as being
     in a comparable labour market only if it was undertaken for a multinational commercial
     entity (including a wholly or majority owned subsidiary of such an entity that bears the
     same core name as the parent company) domiciled in one of the countries listed in (a)
     above.

SM11.10.5 Relevance of work experience to qualifications

Work experience is relevant to a principal applicant's recognised qualification if an immigration
officer is satisfied that the qualification was:

a.   an important factor in the principal applicant being able to obtain work or continue or
     advance in the position or field of work in which they have experience; or

b.   an important factor in a career path that has advanced progressively from the principal
     applicant's pre-qualification work experience.


SM11.10.10 Relevance of work experience to an offer of skilled employment in New
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.
                                                                             Effective 29/11/2010

SM11.15 Additional requirements for recognition of work experience

a.   Work experience only qualifies for points if an immigration officer is satisfied that the
     principal applicant's work experience is lawfully obtained.

b.   Work experience will not be recognised if it was gained while in a country where the
     principal applicant was either an unlawful resident or required authority to undertake
     employment, but did not have such authority.


SM 11.15.1 Part-time work

a.   Calculation of levels of work experience must be for complete weeks based on a 30-hour
     week.

b.   Credit is given for 30-hour weeks only, even though a principal applicant has worked more
     than 30 hours in any week.

     Example: Fifty-two 60-hour weeks are equal to one years work experience.

c.   Credit for part-time work experience may be given on a proportional basis.

     Example: Four years work experience for 15 hours per week is equal to 2 years work
     experience for a 30-hour week, and therefore qualifies for 10 points.
                                                                             Effective 29/11/2010

SM11.20 Evidence

Principal applicants must provide evidence and information that satisfies an immigration officer
that their work experience meets the requirements for recognition.
                                                                             Effective 29/11/2010




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SM12 BONUS POINTS: WORK EXPERIENCE IN NEW ZEALAND
SM12.1 Aim and intent

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
                                                                        Effective 29/11/2010

SM12.5 Points for recognised work experience in New Zealand

Recognised work experience in New Zealand qualifies for points as follows:

1 year            5 points
2 years           10 points
3 years or more 15 points

Note: The requirements for recognised work experience are set out in SM11.10 and SM11.15.

                                                                        Effective 29/11/2010




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SM13 BONUS POINTS: WORK EXPERIENCE IN AN IDENTIFIED
FUTURE GROWTH AREA OR AN AREA OF ABSOLUTE SKILLS
SHORTAGE
SM13.1 Aim and intent

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.
                                                                              Effective 29/11/2010

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.

                                                                              Effective 29/11/2010

SM13.10 Work experience in an identified future growth area

Recognised work experience in an identified future growth area qualifies for points if:

a.   the principal applicant has points for current skilled employment or an offer of skilled
     employment in an identified future growth area (see SM8.10); and

b.   the experience is relevant to that employment (see SM7.10.10).


SM13.10.1 Evidence

Recognised work experience in an identified future growth area only qualifies for bonus points
if the principal applicant provides evidence that satisfies an immigration officer that their work
experience meets the requirements of SM13.10 above.
                                                                              Effective 29/11/2010

SM13.20 Work experience in an area of absolute skills shortage

See previous instructions SM13.20 Effective 29/11/2010


a.   Recognised work experience is assessed as being in an area of absolute skills shortage if:

     i     it was undertaken in an occupation included on the Long Term Skill Shortage List
           (refer Appendix 4) or that was on the Long Term Skill Shortage List at the time the
           principal applicant’s Expression of Interest was selected; and
     ii    it meets the specifications for that occupation; and
     iii   the principal applicant is suitably qualified by training and/or experience to undertake
           that work (including any specific requirements set out in column 3 of the Long Term

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          Skill Shortage List or that were listed on the date their Expression of Interest was
          selected).

b.   Where the Long Term Skill Shortage List specifies that occupational registration is required
     for a listed occupation, the principal applicant must demonstrate that they:

     i    held occupational registration while undertaking the work experience, if occupational
          registration was required in the country in which the work occurred; and
     ii   hold current full or provisional New Zealand occupational registration, or meets the
          requirements of SM19.15.b.ii if registration is required from the New Zealand Medical
          or Dental Council.

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.
                                                                            Effective: 07/11/2011




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SM14 RECOGNISED QUALIFICATIONS
SM14.1 Aim and intent

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.
                                                                            Effective 29/11/2010

SM14.5 Recognition of qualifications

See previous instructions SM14.5 Effective 29/11/2010


Subject to SM14.10.5 and SM14.10.10, a recognised qualification is a qualification that an
immigration officer is satisfied occupies a level on the New Zealand Qualifications Framework
(NZQF) which qualifies it for points by reference to:

a.   the level that the qualification(s) occupies on the NZQF as assessed by the New Zealand
     Qualifications Authority (NZQA); or

b.   the level that the qualification(s) occupies on the NZQF as set out in the List of
     Qualifications Recognised as an Exception (see Appendix 8); or

c.   the level that the qualification(s) occupies on the NZQF as set out in the List of
     Qualifications Exempt from Assessment (see Appendix 3); or

d.   the level that the qualification(s) occupies on the NZQF having regard to the full or
     provisional registration of the principal applicant by a New Zealand organisation authorised
     by law to give occupational registration, if that registration involves an assessment that
     the principal applicant's overseas qualification(s) is comparable with a New Zealand
     qualification that is included in the List of Qualifications Exempt from Assessment.

Note:
~ For medical practitioners, registration within a 'special purpose scope of practice' is not full
or provisional registration for the purpose of a resident visa application or a work to residence
application.
~ For teachers, 'provisional' registration includes both 'provisional' and 'subject to
confirmation' registration.
~ The NZQF is available at www.nzqf.govt.nz.

                                                                            Effective 04/04/2011

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.   Qualifications assessed as occupying levels nine and ten on the NZQF qualify for 60 points.

b.   Qualifications assessed as occupying levels seven, or eight on the NZQF qualify for 50
     points.

c.   Qualifications assessed as occupying level five or six on the NZQF qualify for 40 points.


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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.

e.   Qualifications assessed as occupying level four on the NZQF qualify for 40 points if they
     are assessed by the NZQA and are:

     i    relevant to an occupation listed at part B or part C of the List of Skilled Occupations
          (see Appendix 6); and
     ii   not included on the list of Excluded Qualifications (see SM14.10.5).

f.   Qualifications assessed as occupying level three on the NZQF that are included on the List
     of Qualifications Recognised as an Exception (see SM14.10.10), and meet the
     requirements specified in that list, qualify for 40 points.

g.   Points are provided for:

     i    one qualification only; or
     ii   two or more qualifications assessed in combination.

Note: Points for recognised qualifications are not cumulative. A principal applicant may qualify
for only 40, 50, or 60 points. For example, if an applicant has two level nine qualifications on
the NZQF they may still only qualify for 60 points.
Note: A qualification will not be recognised if gained while in a country where the principal
applicant was either an unlawful resident or required authority to study, but did not have such
authority.


SM14.10.1 New Zealand qualifications

Despite SM14.10, SM14.10.5 and SM14.10.10, a New Zealand qualification at levels three,
four, five or six on the NZQF qualifies for 50 points if:

a.   it would have met the requirements for the award of points under the Skilled Migrant
     Category that was in effect on 24 July 2011; and

b.   the principal applicant completed the qualification before 25 July 2011 or the principal
     applicant had commenced a course of study, resulting in the qualification for which they
     are claiming points, on 24 July 2011.

SM14.10.5 Excluded qualifications

The qualifications listed below are excluded from recognition under the Skilled Migrant
Category and do not qualify for points. This list may be amended by the deletion or addition of
qualifications from time to time, as approved by the Minister of Immigration.
•    Level four qualifications that are not a National Certificate or a New Zealand Certificate (or
     compared to a National Certificate or a New Zealand Certificate by the NZQA).
•    Any English for Speakers of Other Languages (ESOL) qualification.

Note: Immigration officers must ensure that the qualification is a National Certificate or a New
Zealand Certificate (Level 4) or comparable to a National Certificate or a New Zealand
Certificate (Level 4) and may refer to the following for confirmation:
~ the www.nzqf.govt.nz website,
~ written confirmation provided by the New Zealand Qualifications Authority (NZQA) to the
Tertiary Education Provider confirming the qualification is a National Certificate,


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~ a NZQA International Qualification Assessment (IQA); or
~ a NZQA Qualifications Assessment Report (QAR).


SM14.10.10 Qualifications recognised as an exception

a.    The qualifications included in the list held at Appendix 8 are recognised for the award of
      points as an exception under the Skilled Migrant Category.

b.    Qualifications in this list, awarded by an institution included in this list, do not require
      assessment by the New Zealand Qualifications Authority.
                                                                                                                                       Effective: 07/11/2011

SM14.20 Evidence

See previous instructions SM14.20 Effective 29/11/2010


a.    Principal applicants under the Skilled Migrant Category must submit their qualifications
      and provide a NZQA assessment (Pre Assessment Result (PAR), International Qualification
      Assessment (IQA) or Qualifications Assessment Report (QAR) (see SM14.35)) unless:

      i       their qualification(s) is included in the List of Qualifications Exempt from Assessment;
              or
      ii      their qualification(s) is included in the List of Qualifications Recognised as an
              Exception; or
      iii     they have been awarded full or provisional registration by a New Zealand organisation
              authorised by law to give occupational registration, and registration involves an
              assessment that their overseas qualification(s) is comparable with a New Zealand
              qualification that is included in the List of Qualifications Exempt from Assessment.

               Note: From 27 June 2008 the Qualifications Assessment Report (QAR) has been renamed 'International Qualification Assessment' (IQA). Both IQAs and QARs
     are acceptable as evidence to determine whether a qualification will qualify for points.



b.    If an NZQA assessment is required for an overseas qualification, a PAR is suitable for
      lodgement of an application under the Skilled Migrant Category, but a QAR or IQA will be
      required to determine whether a qualification (or group of qualifications) will qualify for
      points.

c.    Applicants with New Zealand qualifications should provide evidence of the level of that
      qualification by submitting a 'Qualification Overview' report with their qualification. This
      report can be obtained from the New Zealand Qualifications Authority website
      (www.nzqf.govt.nz).

d.    In the case of a New Zealand qualification that is not included on the NZQF, a letter from
      the NZQA will be required to determine whether the qualification will qualify for points.

e.    In order for a qualification to qualify for points on the basis of full or provisional
      registration, the certificate of registration, or evidence of eligibility for registration subject
      only to an interview with a representative of the New Zealand Medical or Dental Council on
      arrival must also be provided (see SM19.15).

     Note: For medical practitioners, registration within a 'special purpose scope of practice' is
     not full or provisional registration for the purpose of a resident visa application or a work to
     residence class application.

f.    If a principal applicant is claiming points for a qualification on the basis of their
      occupational registration, the qualification(s) qualifies for the points identified for the

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     comparable New Zealand qualification in the List of Qualifications Exempt from
     Assessment.

g.   Despite the fact that the List of Qualifications Exempt from Assessment or the List of
     Qualifications Recognised as an Exception provides that a specified qualification qualifies
     for certain points, an applicant or an immigration officer (by requesting the applicant to do
     so) may seek a IQA or QAR of any particular qualification. Where this occurs, the most
     recent NZQA assessment will prevail.
                                                                             Effective 07/11/2011

SM14.30 NZQA involvement in the assessment of qualifications

a.   If a NZQA assessment of qualification(s) is sought, the NZQA determines the level that the
     qualification(s) occupy on the NZQF, however, the points for which a particular
     qualification or group of qualifications qualifies is determined by INZ alone.

b.   Despite the fact that the NZQA may undertake its own verification of qualifications that are
     submitted to it for assessment, INZ alone determines whether an applicant genuinely
     holds the qualification(s) which may qualify for points.
                                                                             Effective 29/11/2010

SM14.35 NZQA Pre-Assessment Results (PARs),...

SM14.35 NZQA Pre-Assessment Results (PARs), International Qualification
Assessments (IQAs) and Qualifications Assessment Reports (QARs)

a.   The NZQA will provide Pre-Assessment Results (PARs), and International Qualification
     Assessments (IQAs) (formerly a Qualifications Assessment Report (QAR)).

b.   A Pre-Assessment Result is a report that compares an applicant's nominated qualification
     to a Level on the New Zealand Qualifications Framework. It is made on the understanding
     that:

     i     a pre-assessment result is based solely on unverified information provided by the
           applicant on the application form; and
     ii    no documentation is sighted; and
     iii   only one overseas qualification is compared; and
     iv    when an application for a resident visa is made, a full assessment (a IQA or QAR) will
           be required to determine whether a qualification (or group of qualifications) will
           qualify for points.

c.   An International Qualification Assessment (IQA) (formerly a Qualifications Assessment
     Report (QAR)).

     i     assesses an overseas qualification (or group of qualifications) by stating the learning
           outcomes of the closest New Zealand equivalent qualification; and
     ii    states the New Zealand Qualifications Framework of New Zealand Quality Assured
           Qualifications level of that equivalent qualifications; and
     iii   refers to any verification of the applicant's qualifications undertaken by the NZQA.




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   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.
                                                                    Effective 29/11/2010




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SM15 BONUS POINTS: NEW ZEALAND QUALIFICATIONS
SM15.1 Aim and intent

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.
                                                                            Effective 29/11/2010

SM15.5 Bonus points for New Zealand qualifications

See previous instructions:
SM15.5 Effective 07/11/2011
SM15.5 Effective 25/07/2011
SM15.5 Effective 07/02/2011
SM15.5 Effective 29/11/2010


a.   A recognised New Zealand bachelor degree (level seven on the NZQF) (see SM14.5)
     requiring a minimum of two years of full-time study in New Zealand qualifies for 10 points,
     providing the full-time study was over four semesters during a period of at least 16
     months.

b.   A recognised post-graduate New Zealand qualification requiring a minimum of one year of
     full-time study in New Zealand (levels eight, nine, or 10 on the NZQF) (see SM14.5)
     qualifies for 10 points.

c.   A recognised post-graduate New Zealand qualification requiring a minimum of two years of
     full-time study in New Zealand (level nine or ten on the NZQF) (see SM14.5) qualifies for
     15 points.

d.   Qualifications gained with New Zealand Aid Programme funding will not qualify for bonus
     points.

e.   If (a), (b), and (c) above do not apply, the principal applicant may be eligible for New
     Zealand qualification bonus points under SM15.5.1 if they:

     i    gained the qualification before 25 July 2011; or
     ii   had commenced a course of study towards a recognised New Zealand qualification on
          24 July 2011.

SM15.5.1 Bonus points for New Zealand qualifications commenced in or completed
before 25 July 2011

a.   Two years of full-time study in New Zealand towards a recognised New Zealand
     qualification qualifies for five points, providing the full-time study was over four semesters
     during a period of at least 16 months.

b.   A recognised basic New Zealand qualification from level four up to and including level eight
     on the NZQF qualifies for five points.




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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.   an undergraduate student at a tertiary education institution was enrolled in at least three
     papers per semester; or

b.   a post-graduate student at a tertiary education institution was enrolled in either a course
     of study:

     i    that resulted in at least 100 credits per calendar year; or
     ii   with a workload of at least 20 hours per week; or

c.   a student at a private training establishment was enrolled in:

     i    a course of study that requires attendance for a minimum of 20 hours per week; or
     ii   at least three papers, or equivalent, per semester if the course is at Level 7 or above
          on the New Zealand Qualification Framework.
                                                                            Effective 26/03/2012




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SM16 BONUS POINTS: QUALIFICATIONS IN AN IDENTIFIED
FUTURE GROWTH AREA OR AN AREA OF ABSOLUTE SKILLS
SHORTAGE
SM16.1 Aim and intent

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.
                                                                             Effective 29/11/2010

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.
                                                                             Effective 29/11/2010

SM16.10 Qualifications in an identified future growth area

A recognised qualification(s) in an identified future growth area will only qualify for points if:

a.   the principal applicant has points for current skilled employment or an offer of skilled
     employment in an identified future growth area (see SM8.10); and

b.   the qualification is relevant to that employment (see SM16.10.1).

SM16.10.1 Relevance of qualification(s) to skilled employment in an identified future
growth area

A recognised qualification is relevant to skilled employment in an area of identified future
growth if an immigration officer is satisfied that:

a.   the major subject area of the recognised qualification is directly applicable to skilled
     employment in an identified future growth area that qualifies for points (see SM8.10); and

b.   the skilled employment is in an occupation for which that qualification is a core
     requirement.


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.
                                                                             Effective 29/11/2010

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.




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b.   If a principal applicant does have skilled employment in New Zealand in an area of
     absolute skills shortage (see SM8.20) their recognised qualification will be assessed as
     being in an area of absolute skills shortage if the specialist, technical or managerial
     expertise required for that employment was obtained through the completion of that
     qualification.

c.   Recognised qualifications in an area of absolute skills shortage only qualify for points if any
     occupational registration requirements relating to those qualifications are met (see
     SM19.15).

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.
                                                                             Effective 29/11/2010

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.
                                                                             Effective 29/11/2010




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SM17 BONUS POINTS: PARTNER'S RECOGNISED
QUALIFICATIONS
SM17.1 Aim and intent

See previous instructions SM17.1 Effective 29/11/2011


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.
                                                                              Effective 25/07/2011

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 Points
     three – must be on the List of Qualifications           10
     Recognised as an Exception (SM14.10.10)
     four - must be recognised in SM14.10 (d) or (e)
     five, or six
     seven to 10                                             20

b.   A partner's recognised qualification only qualifies for points under this provision if:

     i     the partner is included in the application; and
     ii    the partner meets the English language requirements for principal applicants (see
           SM5.5); and
     iii   an immigration officer is satisfied that the principal applicant and their partner have
           been living together for 12 months or more in a partnership that is genuine and stable
           (see F2.10.1) and otherwise meets Partnership instructions (see F2.15).

c.   Despite (a), if a partner of a principal applicant holds a recognised New Zealand
     qualification at levels three, four, five, and six on the NZQF, they will be eligible for 20
     points if:

     i     the qualification would have met the requirements for the award of points under the
           Skilled Migrant Category that was in effect on 24 July 2011; and
     ii    the qualification was completed before 25 July 2011 or they had commenced a course
           of study, resulting in the qualification for which they are claiming points, on 24 July
           2011.
                                                                              Effective 07/11/2011




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SM18 AGE
SM18.1 Aim and intent

The aim of providing points for age is to recognise the ability of younger people to make a long
term contribution to New Zealand.
                                                                            Effective 29/11/2010

SM18.5 Points

a.   A principal applicant's age qualifies for points as follows:

     Age          Points
     20-29        30
     30-39        25
     40-44        20
     45-49        10
     50-55        5

b.   Principal applicants aged 56 and over must be declined under the Skilled Migrant
     Category.
                                                                            Effective 29/11/2010

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).
                                                                            Effective 29/11/2010




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SM19 REQUIREMENTS FOR OCCUPATIONAL REGISTRATION
SM19.1 Aim and intent

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.
                                                                         Effective 29/11/2010

SM19.5 Occupations requiring registration

In New Zealand registration is required by law in order to undertake employment as one of the
following:

Architect                            Medical laboratory technician

Barrister or solicitor               Medical practitioner

Chiropractor                         Medical radiation technologist

Clinical dental technician           Nurses and midwives

Clinical dental therapist            Occupational therapist

Dental hygienist                     Optometrist

Dental technician                    Osteopath

Dental therapist                     Pharmacist

Dentist                              Physiotherapist

Dietitian                            Plumber, gasfitter and drainlayer

Dispensing optician                  Podiatrist

Electrician (see note below)         Psychologist

Electrical service technician        Real estate agent

Enrolled nurse                       Cadastral (Land Title) Surveyor

Immigration adviser                  Teacher

Line mechanic                        Veterinarian

Medical laboratory
scientist/technologist




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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.

                                                                               Effective 29/11/2010

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.
                                                                               Effective 29/11/2010

SM19.15 Effect on points for qualifications

a.   This section applies to principal applicants whose recognised qualification is required for
     employment in one of the occupations listed in SM19.5.

b.   Such qualifications only qualify for points if the principal applicant:

     i     holds evidence of full or provisional registration in that occupation in New Zealand, if
           full or provisional registration is required by New Zealand law to undertake that
           employment; or
     ii    has an offer of skilled employment (see SM7) in that occupation and holds evidence
           from the New Zealand Medical or Dental Council that they are eligible for full or
           provisional registration subject only to attending a personal interview with a Council
           representative within one month of their arrival in New Zealand; or

     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   has current skilled employment or an offer of skilled employment (see SM7) in an
           occupation that does not require registration; or
     iv    has post-qualification work experience in an occupation for which registration is not
           required in New Zealand, and were employed in that occupation for the same or a
           greater period of time than in an occupation for which registration is required by law
           in New Zealand.

     Note: For teachers, 'provisional' registration includes both 'provisional' and 'subject to
     confirmation' registration.
                                                                               Effective 29/11/2010

SM19.20 Effect on points for skilled employment

If a principal applicant's qualifications are affected by registration requirements, the principal
applicant's current skilled employment or offer of skilled employment in New Zealand will only
qualify for points if the principal applicant:

a.   holds evidence of full or provisional registration in that occupation in New Zealand, if
     registration is required by New Zealand law to undertake that employment; or

b.   has an offer of skilled employment (see SM7) in that occupation and holds evidence from
     the New Zealand Medical or Dental Council that they are eligible for full or provisional
     registration subject only to attending a personal interview with a Council representative in
     New Zealand; or


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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.
                                                                              Effective 29/11/2010




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SM20 BONUS POINTS: CLOSE FAMILY IN NEW ZEALAND
SM20.1 Aim and intent

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.
                                                                                 Effective 29/11/2010

SM20.5 Close family in New Zealand

a.   A principal applicant qualifies for 10 points for a close family member in New Zealand if
     that close family member:

     i     is the adult sibling or adult child, or parent, of a principal applicant, or of the principal
           applicant's partner included in the application; and
     ii    is in New Zealand; and
     iii   is a New Zealand or Australian citizen or the holder, or is considered to be the holder,
           of a residence class visa that is not subject to conditions under sections 49 or 50 of
           the Immigration Act 2009.

b.   In all cases, an immigration officer must be satisfied that New Zealand is the primary
     place of established residence of the close family member at the time the application
     under the Skilled Migrant Category is made.

     Note: A principal applicant will only qualify for points for a close family member of their
     partner included in their application, if an immigration officer is satisfied that the principal
     applicant and their partner have been living together for 12 months or more in a
     partnership that is genuine and stable (see F2.10.1) and otherwise meets Partnership
     instructions (see F2.15).
                                                                                 Effective 29/11/2010

SM20.10 Definition of 'adult sibling' and 'adult child'

a.   For the purposes of these instructions, 'adult sibling' and 'adult child' mean a sibling or
     child aged 18 years or older.

b.   Siblings and children aged 18 to 24 must only be considered 'adult siblings' or 'adult
     children' if they can satisfy an immigration officer that they are not dependent. (See
     F5.1(a))
                                                                                 Effective 29/11/2010

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.
                                                                           Effective 29/11/2010

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.
                                                                           Effective 29/11/2010




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SM21 SETTLEMENT AND CONTRIBUTION REQUIREMENTS
SM21.1 Aim and intent

a.   To be granted residence under the Skilled Migrant Category, applicants must demonstrate
     that they have the ability to successfully settle in and contribute to New Zealand.

b.   The aim of assessing ability to settle and contribute is to ensure that the Skilled Migrant
     Category maximises the contribution that migrants make to New Zealand.
                                                                              Effective 29/11/2010

SM21.5 Assessment of ability to settle and contribute

See previous instructions SM21.5 Effective 29/11/2010


a.   Principal applicants who:

     i     qualify for 50 points for an offer of skilled employment or current skilled employment
           in New Zealand for less than 12 months; or
     ii    qualify for 60 points for current skilled employment in New Zealand for twelve months
           or more; or
     iii   have undertaken full time study for at least two years in New Zealand that has
           resulted in the award of a Doctorate or Masters degree
     have demonstrated the ability to successfully settle in and contribute to New Zealand.

b.   Principal applicants who do not have points for any of these factors will be further
     assessed to determine whether they can otherwise demonstrate an ability to successfully
     settle and contribute or can realise their potential to successfully settle in and contribute
     to New Zealand.
                                                                              Effective 25/07/2011

SM21.10 Assessment of whether a principal applicant can realise their
potential to successfully settle and contribute

See previous instructions:
SM21.10 Effective 25/07/2011
SM21.10 Effective 04/04/2011
SM21.10 Effective 29/11/2010


a.   Assessment of whether a principal applicant can otherwise demonstrate an ability or can
     realise their potential to settle in and contribute to New Zealand will be based on:

     i     information obtained during a structured interview with the principal applicant and if
           required, other family members included in the application; and
     ii    all other information contained in the application for a resident visa; and
     iii   any further verification of the application (including information provided at interview).

b.   That assessment will include consideration of the following factors:

     i     skilled employment prospects;
     ii    familiarity with New Zealand and preparedness for settlement of the principal applicant
           and, where relevant, the partner and dependent children included in the application;
           and
     iii   linkages and support in New Zealand, through networks and family


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c.   Skilled employment prospects are the primary consideration for the Immigration Officer
     when determining whether to grant residence, a SMC job search visa, or decline the
     application as set out in (d), (g), and (h) below.

     Note: Principal applicants who do not intend to take up full-time employment may not be
     considered to have good employment prospects (e.g. those who intend to undertake full-
     time 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.

e.   Principal applicants who are in New Zealand and are granted SMC job search work visas
     under these instructions will have the decision on their SMC application deferred for a
     period of nine months.

f.   Principal applicants who are not in New Zealand and are granted SMC job search work
     visas under these instructions will have the decision on their SMC application deferred for
     a period of 12 months to enable travel to New Zealand and a stay in New Zealand of nine
     months (refer to WR5.5).

g.   Where, following the further assessment, a principal applicant, despite not meeting the
     requirements of SM21.5(a), is assessed as having a high potential to readily obtain skilled
     employment in New Zealand, they will be assessed as having demonstrated the ability to
     successfully settle in and contribute to New Zealand. Where this occurs, subject to
     meeting other relevant requirements, the principal applicant and their family members
     included in the application, may be granted resident visas.

h.   If an immigration officer determines, as a result of the further assessment, that a principal
     applicant does not have a high potential to readily obtain skilled employment in New
     Zealand they will be assessed as not having demonstrated that they can realise their
     potential to settle in and contribute to New Zealand. Where this occurs, their application
     for a resident visa in New Zealand under the Skilled Migrant Category will be declined.

i.   If (d) above applies, but a SMC job search work visa is not granted, the application for a
     resident visa will be declined.
                                                                             Effective 26/03/2012

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

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     ii   a resident visa not subject to conditions will be granted if the principal applicant has
          been working in their skilled employment for three months or more.

b.   If, on the expiry of the deferral period (see SM21.10(c)), a principal applicant has not
     provided evidence that satisfies an immigration officer that they have obtained an offer of
     skilled employment in New Zealand, the principal applicant will be assessed as not having
     demonstrated that they can realise their potential to successfully settle in and contribute
     to New Zealand and the application for a resident visa under the Skilled Migrant Category
     will be declined.

Note:

~ Applicants who made an application under the Skilled Migrant Category before 21 December
2005 are subject to SM20.15 in effect on the date their application was made.
~ Applicants who made an application under the Skilled Migrant Category on or after 21
December 2005 and before 10 April 2007 are subject to SM20.15 in effect on the date their
application was made.

                                                                              Effective 29/11/2010




                                                                                                44-3
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




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RV1 GENERIC PROVISIONS FOR APPLICATIONS MADE AFTER THE
GRANT OF A RESIDENT VISA
RV1.1 Objectives

The objectives of this chapter are:

a.   to protect the interests of New Zealand citizens and other people living permanently in
     New Zealand; and

b.   to encourage those granted a resident visa to show a commitment to New Zealand; and

c.   to assist the government in border control.
                                                                             Effective 29/11/2010

RV1.5 Overview

See previous instructions RV1.5 Effective 29/11/2010

See also Immigration Act 2009 ss 63(2), 73
a.   A residence class visa holder in New Zealand is entitled to stay in New Zealand indefinitely
     (RA1.1), however a resident visa holder who leaves New Zealand may only travel to and
     be granted entry permission as a resident if the conditions of his or her visa allow (these
     are referred to as travel conditions).

b.   A resident visa expires if:

     i     the holder leaves New Zealand and the visa has no valid travel conditions; or
     ii    the travel conditions expire while the visa holder is outside New Zealand.

c.   This chapter sets out:

     i     the manner in which a resident visa holder may apply for a permanent resident visa
           (RV2);
     ii    the manner in which resident visa holders may apply to vary the travel conditions
           endorsed on their resident visas (RV3);
     iii   the manner in which a second or subsequent resident visa can be applied for by a
           former resident visa holder whose resident visa has expired as set out in (b) above
           (RV4).

d.   A resident visa holder or former resident visa holder must have been in New Zealand as a
     resident (R5.66.5(b)) to be granted a residence class visa or a variation of travel
     conditions under these instructions.


RV1.5.1 Visas and permits issued or granted under the Immigration Act 1987
See also Immigration Act 2009 s 415, Schedule 5
a.   Where the instructions in this chapter refer to holders of a resident visa, this also includes
     holders of residence visas and residence permits issued or granted under the Immigration
     Act 1987.

b.   Where the instructions in this chapter refer to an applicant’s time spent in New Zealand as
     a resident, this is also considered to include time spent in New Zealand as a holder of a
     residence permit or exempt from the need to hold a residence permit under the
     Immigration Act 1987.


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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.
                                                                                 Effective 07/11/2011

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
See also Immigration (Visa, Entry Permission, and Related Matters) Regulations 2010, reg 5
a.   Applications must be lodged in the prescribed manner.

b.   The prescribed manner is the manner that meets the mandatory requirements set out in
     the Immigration (Visa, Entry Permission, and Related Matters) Regulations 2010.

c.   Applications that are not lodged in the prescribed manner will not be considered to be
     made.

d.   While under no obligation to do so, INZ may, at its discretion, hold applications that are
     not lodged in the prescribed manner for a period of time until any outstanding
     requirements are met (see R2.50).


RV1.10.10 Mandatory requirements for lodging an application for a variation of travel
conditions, permanent resident visa or second or subsequent resident visa

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.   made an approved form; and

b.   completed in English; and

c.   signed by the applicant (unless the applicant is less than 18 years old, in which case it
     must be signed by a parent or guardian of the applicant); and

d.   given to an immigration officer, together with:

     i     evidence of the applicant’s current or previous resident visa or visas; and
     ii    the applicant's passport or certificate of identity, or if that is unavailable, his or her
           original full birth certificate (or certified copy) or other identity document (or certified
           copy); and
     iii   two passport sized photos of the applicant’s head and shoulders; and
     iv    the information and evidence required by the relevant immigration instructions to
           demonstrate that the applicant fits the category or categories of under which the
           application is being made; and




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     v    any other information, evidence, or submissions that the applicant considers shows
          that he or she is eligible to be granted a new residence class visa or variation of travel
          conditions in terms of the immigration instructions; and
     vi   the appropriate fee (if any).

e.   Before determining the application, an immigration officer may require the applicant to
     produce any photographs, documents and information that the officer thinks necessary or
     require the applicant to be interviewed by an immigration officer, to help in determining
     whether the applicant meets the requirements to be granted a variation of travel
     conditions or a new residence class visa.

Note: The passports of all persons included in the application must be submitted with the
application.

                                                                              Effective 28/11/2010

RV1.15 Evidence

RV1.15.1 Evidence that the applicant is deemed to hold, or to have held, a resident
visa

Evidence that the applicant is deemed to hold or have held a resident visa is:

a.   a resident visa in a current or expired passport or certificate identity; or

b.   a residence permit granted under the Immigration Act 1987 in a current or expired
     passport or certificate of identity; or

c.   INZ records of a resident visa or residence permit; or

d.   in the case of a person who arrived in New Zealand lawfully to take a permanent residence
     at any time before 2 April 1974, other than under a permit granted under the Immigration
     Act 1964 or any corresponding earlier Act, a stamp or a label in a passport or certificate of
     identity showing a date of arrival in New Zealand prior to 2 April 1974, and documents
     showing continued residence since 2 April 1974, which may include but are not limited to:

     •    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.   a stamp or label in current or previous passports; and/or

b.   INZ records of periods the applicant has been in New Zealand while holding a residence
     permit or a resident visa.




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Note: Periods during which a person has been in New Zealand as a resident are calculated
inclusive of both arrival and departure dates.


RV1.15.10 Evidence of tax resident status

a.   Under these instructions, 'tax resident status' means tax residence status in New Zealand,
     as confirmed by New Zealand Inland Revenue (IR).

b.   Applicants under these instructions cannot be New Zealand tax residents if the application
     of a double tax agreement means they are tax residents of another country.

c.   Evidence of tax residence status includes:

     i      a statement from the IR for the period in which the applicant has been assessed as
            having tax residence status; or
     ii     Confirmation of Tax Resident Status form completed and endorsed by IR.

d.   If the applicant is considered to have tax residence status under a double tax agreement,
     the applicant must provide supporting evidence from IR.

e.   Countries with which New Zealand has a double tax agreement are:

     Australia             India              The Netherlands
     Belgium               Indonesia          Norway
     Canada                Ireland            Philippines
     China                 Italy              Singapore
     Denmark               Japan              Sweden
     Fiji                  Republic of        Switzerland
                           Korea
     Finland               Malaysia           United Kingdom
     France                Taiwan             United States of
                                              America
     Germany               Thailand
                                                                                Effective 29/11/2010

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      'principal applicant' means the principal applicant of the original resident visa
            application; and
     ii     'non-principal applicants' means the non-principal applicants included in the original
            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      the non-principal applicant is excluded by the provisions of RV2.1; or


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     ii    the provisions requiring a secondary applicant to be assessed independently of the
           principal applicant apply (RV1.20.1 to RV1.20.20); or
     iii   the non-principal applicant has never been in New Zealand as a resident (as required
           by RV1.5(d)).

c.   A non-principal applicant must be granted a variation of travel conditions to allow travel
     until the same date as the principal applicant’s resident visa unless:

     i     the non-principal applicant is excluded by the provisions of RV3.1(d); or
     ii    the provisions requiring a secondary applicant to be assessed independently of the
           principal applicant apply (RV1.20.1 to RV1.20.20); or
     iii   the non-principal applicant has never been in New Zealand as a resident (as required
           by RV1.5(d)).

d.   A non-principal applicant will be granted a second or subsequent resident visa based on
     the eligibility of the principal applicant for a variation of travel conditions, second or
     subsequent resident visa or permanent resident visa, unless

     i     the non-principal applicant is excluded by the provisions of RV4.1; or
     ii    specific instructions in RV1.20.1 to RV1.20.20 apply; or
     iii   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     does not lodge an application; or
     ii    is declined a variation of travel conditions or a permanent resident visa; or
     iii   does not hold a permanent resident visa or a resident visa with valid travel conditions,
     iv    then, unless the instructions in RV1.20.1 to RV1.20.20 apply, the application will only
           be considered under the provisions of RV3.1.1 or RV3.10.

RV1.20.1 Non-principal applicants who are partners

a.   The partner of the principal applicant is eligible to be considered in their own right for
     variation of travel conditions or a new residence class visa if the following events occur:

     i     the partner and the principal applicant become divorced or separated; or
     ii    the partner is granted a non-molestation order against the principal applicant; or
     iii   the principal applicant is convicted of an offence against the partner or a dependent
           child;
     iv    the principal applicant dies; or
     v     the principal applicant has obtained New Zealand citizenship.

b.   Evidence of the circumstances in which the partner of a principal applicant may apply for
     an a variation of travel conditions or a new residence class visa in their own right may
     include but is not limited to original or certified copies of the following:
     •     the final decree of divorce or a dissolution order from the principal applicant; or
     •     a non-molestation 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


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     •     evidence of separation; or
     •     the death certificate of the principal applicant.

RV1.20.5 Non-principal applicants who were dependent children in the original
residence application

a.   The eligibility of a dependent child included in the original residence application for a
     permanent resident visa, a variation of travel conditions or a second or subsequent visa
     will be assessed in the same way regardless of whether that child is still dependent at the
     time of application.

b.   In the case of the dissolution of a partnership as described in RV1.20.1(b) above, a child’s
     eligibility will be assessed on the basis of:

     i     whichever parent has legal right of custody if they are under 16 (see R2.1.45); or
     ii    whichever parent they are living with if they are 16 or over; or
     iii   the principal applicant, if they are 16 or over and are not living with either parent.

c.   If the principal applicant dies or obtains New Zealand citizenship, children must be
     assessed on the basis of the eligibility of the non-principal applicant partner included in the
     original residence application.

d.   The child can be assessed in their own right if the provisions of (b) or (c) above require
     that a child be assessed on the basis of the non-principal applicant partner included in the
     application, and this is not possible because:

     i     a non-principal applicant partner was not included in the application; or
     ii    the non-principal applicant partner has died; or
     iii   the non-principal applicant partner has obtained New Zealand citizenship.

e.   Children who wish to have their application under these instructions assessed based on the
     eligibility of a person other than the principal applicant must provide evidence that their
     circumstances meet the criteria set out in (b) to (d) above (for example, evidence of
     custody).

RV1.20.20 Transitional provisions

Non-principal applicants who are considered to hold resident visas because they:

a.   were granted residence permits before 30 October 1995 or in reliance on residence visas
     issued before 30 October 1995; or

b.   arrived in New Zealand lawfully to live permanently in New Zealand at any time before 2
     April 1974 and were considered to hold a residence permit under the Immigration Act
     1987;

may be granted a permanent resident visa or variation of travel conditions if they meet the
criteria set out in the instructions in this chapter regardless of the status of the principal
applicant.
                                                                               Effective 07/11/2011




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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?

See previous instructions RV2.1 Effective 29/11/2010

See also Immigration Act 2009 ss 15, 16, 17
a.   People who are not eligible for a visa under sections 15 and 16 of the Immigration Act
     2009 are not eligible for a permanent resident visa unless a special direction has been
     given, but may apply for a variation of their travel conditions under the provisions of RV3
     Variation of travel conditions on a resident visa.

b.   People who would otherwise be prohibited for entry or for grant of a visa to New Zealand
     because they are subject to restrictions or a ban (see RA9 and R5.100) if it were not for
     their New Zealand resident status are not eligible for a permanent resident visa and may
     only be granted a 14-day variation to their travel conditions under RV3.10.

c.   People who are liable for deportation may not apply for a permanent resident visa,
     however they may be granted one by special direction.
                                                                            Effective 30/07/2012

RV2.5 How do resident visa holders or former holders qualify for a
permanent resident visa?

Upon application principal applicants will be granted a permanent resident visa if:

a.   they either:

     i    hold a resident visa, and have held that resident visa continuously for at least 24
          months at the time of application; or
     ii   have held a resident visa in the three months before the application is made, and had
          held that resident visa continuously for at least 24 months before it expired; and

b.   their first day in New Zealand as a resident (R5.66.1(b)) was at least 24 months before
     the application is made; and

c.   they can demonstrate a commitment to New Zealand by meeting the requirements set out
     in any one of the five subsections below (RV2.5.1 to RV2.5.20); and

d.   they have met any conditions imposed under section 49(1),of the Immigration Act 2009;

unless RV2.10 (Permanent resident visas for holders of resident visas with section 49(1)
investment conditions) applies.


RV2.5.1 Significant period of time spent in New Zealand

A principal applicant has demonstrated a commitment to New Zealand if they have been in
New Zealand as a resident for a total of 184 days or more in each of the two 12-month
portions of the 24 months immediately preceding the date the date their application for a
permanent resident visa was made (ie, in each of the two 12-month portions, a period or
periods that amount to 184 days or more).




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RV2.5.5 Tax residence status in New Zealand

A principal applicant has demonstrated a commitment to New Zealand if:

a.   they have been in New Zealand as a resident for a total of 41 days or more in each of the
     two 12-month portions of the 24 months immediately preceding the date the application
     for a permanent resident visa was made (ie, in each of the two 12-month portions, a
     period or periods that amount to 41 days or more); and

b.   they are assessed as having tax residence status (RV1.15.10) for the 24 months preceding
     their application.


RV2.5.10 Investment in New Zealand

a.   A principal applicant has demonstrated a commitment to New Zealand if:

     i     he or she was approved a resident visa under the Business Investor Category, and has
           met any conditions imposed (see BI to 26/11/2007) under section 49(1) of the
           Immigration Act 2009 (except travel conditions); or
     ii    he or she has been approved a resident visa other than under the Business Investor
           Category, and has maintained an investment in New Zealand of N.Z.$1,000,000 or
           more that complies with the rules for investment funds set out in RV2.5.10(b) below
           for a period of 24 months or more after the date the resident visa was granted.

b.   Principal applicants applying for a permanent resident visa under RV2.5.10 (a)(ii) must
     meet the following rules for investment funds:

     i     investment funds must originally have been transferred to New Zealand through the
           trading bank system, or have been earned or acquired lawfully in New Zealand; and
     ii    investment funds must be invested in New Zealand in New Zealand currency; and
           under normal circumstances, be capable of providing a commercial return; and
     iii   apart from the interest earned from the investment, investment funds must not be
           used for their own personal use, for instance investment in assets such as a personal
           residence, car, boat or similar; and
     iv    investment funds must not be used as collateral for any loan during the 2 year
           investment period, unless the money loaned remains within New Zealand and in New
           Zealand dollars only; and
     v     if the investment funds are moved from one investment to another during the two
           year period each investment must also meet the rules for investment funds.

Note: Investments in New Zealand with international exposure are acceptable only for the
proportion of the investment that is retained in New Zealand.

Example: An investment in a unit trust with sole international exposure would completely fail
to meet the above requirement that an investment be "invested in New Zealand".


RV2.5.15 Establishment of a business in New Zealand

a.   A principal applicant has demonstrated a commitment to New Zealand if they have been
     approved a resident visa under any category, and have successfully established a business
     in New Zealand that has been trading successfully and benefiting New Zealand in some
     way for at least 12 months immediately preceding the date the application for a
     permanent resident visa was made.



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b.   Principal applicants applying for a permanent resident visa under these instructions will be
     considered to have successfully established a business in New Zealand if:

     i    they have established or purchased, a business operating in New Zealand; or
     ii   they have invested in a business in New Zealand by purchasing 25% or more of the
          shareholding of an established business.

c.   For the purposes of these instructions evidence that a business is trading successfully and
     benefiting New Zealand in some way is production of a set of the latest accounts relating
     to that business certified by a New Zealand chartered accountant and which confirm that
     in their view the business is a going concern.

RV2.5.20 Base established in New Zealand

a.   A principal applicant has demonstrated a commitment to New Zealand if they have
     established a base in New Zealand. A principal applicant is considered to have established
     a base in New Zealand if:

     i    each and every member of their immediate family who was included in their
          application for a resident visa has resided in New Zealand for at least 184 days in the
          two year period immediately preceding the date the application for the permanent
          resident visa was made; and
     ii   they have been in New Zealand as a resident for a total of at least 41 days in the 12
          months immediately preceding the date the application for the permanent resident
          visa was made; and either
           they own and maintain a family home in New Zealand; or
           they have been engaged in full time continuous genuine employment in New
            Zealand immediately preceding the date the application for the permanent resident
            visa was made.
b.   For the purpose of these instructions applicants are considered to own and maintain a
     family home in New Zealand if:

     i    they have purchased a residential property in New Zealand within 12 months of their
          first day in New Zealand as a resident and still own that property either solely or
          jointly with members of their immediate family who were included in the application
          for a resident visa; and
     ii   they and/or members of their immediate family who were included in the application
          for a resident visa occupy that property.

c.   Evidence of owning and maintaining a home in New Zealand includes but is not limited to
     items in the name of the applicant and/or members of their immediate family who were
     included in the application for a resident visa such as:

     •    mortgage documents or title deeds to the residential property
     •    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

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     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.
                                                                           Effective 29/11/2010

RV2.10 Permanent resident visas for holders of resident visas with
investment conditions imposed under section 49(1)

a.   Principal applicants who have been granted a resident visa under

     i     the Active Investor Migrant policy; or
     ii    the Migrant Investment Categories; or
     iii   the Parent Retirement Category;
       will be granted a permanent resident visa if the requirements of RV2.10 (b) below have
       been met.

b.   At they time of application, principal applicants must:

     i     hold or are deemed to hold a resident visa; and
     ii    have held, or have been deemed to hold, a resident visa for at least 24 months; and
     iii   have met conditions previously imposed under section 49(1) of the Immigration Act
           2009.
                                                                           Effective 29/11/2010

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.
                                                                           Effective 29/11/2010

RV2.20 Declining applications for permanent resident visas

If a permanent resident visa application is declined, the applicant may be assessed under the
instructions for a variation of travel conditions (RV3) or a second or subsequent resident visa
(RV4). If the applicant is eligible for a variation of travel conditions or a second or subsequent
resident visa, an immigration officer may grant the appropriate variation of travel conditions or
second or subsequent resident visa in place of a permanent resident visa with the applicant’s
permission.
                                                                           Effective 29/11/2010




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RV3 VARIATION OF TRAVEL CONDITIONS ON RESIDENT VISAS
RV3.1 Applications for variations of travel conditions

See previous instructions: RV3.1 Effective 29/11/2010


a.   The duration of travel conditions on a resident visa can be varied allowing for multiple
     journey travel to New Zealand within the following specified time periods:

     i     12 months; or
     ii    14 days; or
     iii   24 months.

b.   Travel conditions can only be varied if the resident visa is valid. A resident visa is valid
     when:

     i     the holder is in New Zealand; or
     ii    the holder is outside New Zealand and the current travel conditions have not expired.

c.   Holders of resident visas who are in New Zealand must be granted a variation of travel
     conditions for a duration of at least 14 days.

d.   People who would otherwise be prohibited from entry or for the grant of a visa to New
     Zealand because they are subject to restrictions or a ban (see RA9 and R5.100) if it were
     not for their New Zealand resident status, may only be granted a variation of travel
     conditions under RV3.10 (14-day variation of travel conditions).


RV3.1.1 Declining an application for a variation of travel conditions

a.   An application for a variation of travel conditions by a resident visa holder in New Zealand
     cannot be declined.

b.   An application for a variation of travel conditions made outside New Zealand must be
     declined, where the applicant:

     i     does not meet any requirements of RV3.5 to RV3.20 or
     ii    would be otherwise prohibited from entry or for grant of a visa to New Zealand
           because they are subject to restrictions or a ban (see RA9 and R5.100).

c.   Applications for variations of travel conditions made outside New Zealand by applicants
     who have failed to meet any conditions imposed under section 49(1) of the Immigration
     Act 2009, must be declined whether or not they are otherwise eligible for a variation of
     travel conditions.


RV3.1.5 Requests for reconsideration

a.   An applicant may seek to have the decision to decline an application for a variation of
     travel conditions reconsidered, if it was declined because:

     i     the immigration officer was not satisfied with the evidence produced; or
     ii    the application did not meet the requirements set out in instructions.

b.   Another officer with a grading the same as or higher than the officer who made the
     original decision will review the decision.




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c.   The review process involves checking that the immigration instructions and procedures
     were correctly applied when the application was processed.
                                                                            Effective 26/03/2012

RV3.5 12-month variation of travel conditions

Principal applicants may be granted with travel conditions current for 12 months if:

a.   they meet the requirements set out in either RV3.5.1 or RV3.5.5 below; and

b.   their first day in New Zealand as a resident (see R5.66.5(b)) was at least 12 months
     before the current application for a variation of travel conditions was made; and

c.   they continue to meet any conditions previously imposed under section 49(1) or section 50
     of the Immigration Act 2009;

unless RV3.1(d) applies.

RV3.5.1 Time spent in New Zealand

To meet the requirements regarding time spent in New Zealand, the principal applicant must
have been in New Zealand as a resident for a total of 184 days or more in at least one of the
two 12-month portions in the 24 months immediately preceding the date the application for a
variation of travel conditions was made (ie, in at least one of the two 12-month portions, a
period or periods that amount to 184 days or more).


RV3.5.5 Tax residence status and limited time spent in New Zealand

To meet the requirements regarding tax residence status and limited time spent in New
Zealand, the principal applicant must:

a.   have been in New Zealand as a resident for a total of 41 days or more in at least one of
     the two 12-month portions of the 24 months immediately preceding the date the
     application for a variation of travel conditions was made (ie, in at least one of the two 12-
     month portions, a period or periods that amount to 41 days or more); and

b.   be assessed as having tax residence status for 12 months in the 2 years before their
     application.
                                                                            Effective 29/11/2010

RV3.10 14-day variation of travel conditions

a.   Applicants must be granted a variation of travel conditions current for 14 days if they are
     in New Zealand as a resident and they:

     i    do not meet the requirements for a permanent resident visa; and
     ii   do not meet the requirements for a variation of travel conditions for a longer duration.




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b.   Applicants who would otherwise be prohibited from entry or for grant of a visa to New
     Zealand because they are subject to restrictions or a ban (see RA9 and R5.100) may only
     be granted variation of travel conditions for 14 days and only if they are in New Zealand.
                                                                            Effective 29/11/2010

RV3.15 Variation of travel conditions for principal applicants with investment
conditions under Section 49(1)
See also Immigration Act 2009, ss 49, 50
Principal applicants who have been granted a resident visa under

a.   the Active Investor Migrant policy; or

b.   the Migrant Investment categories; or

c.   the Parent Retirement Category;

may be granted a variation of travel conditions for 24 months if their first day in New Zealand
as a resident (see R5.66.5(b)) was at least 24 months before the current application for a
variation of travel conditions was made, and they continue to meet any conditions imposed
under section 49(1) and/or section 50 of the Immigration Act 2009 unless RV3.1(d) applies.
                                                                            Effective 29/11/2010

RV3.20 Special provisions

RV3.20.1 Australian citizens and residents

a.   Persons who hold a resident visa (or are deemed to hold a resident visa) because they are
     holders of current Australian permanent residence visas, current Australian resident return
     visas or Australian citizenship may be granted a variation of travel conditions for 24
     months from the date their current resident visa was granted.

b.   Australian citizens or residents who:

     i    have held, or are deemed to have held, a resident visa for over 24 months; or
     ii   have been previously granted a variation of travel conditions under this provision;
     may apply for variations of travel conditions under the provisions of RV3.5 or RV3.10 or
     for a permanent resident visa (RV2).

RV3.20.5 Partners of New Zealand citizens who do not qualify for a permanent
resident visa

a.   Unless RV3.1 (d) applies, partners of New Zealand citizens who do not qualify for a
     permanent resident visa (see RV2), may be granted a further variation of travel conditions
     for a 24 month period, provided the New Zealand partner supports the application in
     writing and:

     i    the applicant’s resident visa was obtained on the basis of their partnership with the
          same New Zealand citizen and the partnership is ongoing; or
     ii   an immigration officer is satisfied that the applicant has been living with the New
          Zealand citizen in a genuine and stable relationship for at least one year at the time of
          application.




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b.   Dependent children of the partner of a New Zealand citizen, who were included in that
     partner's residence class visa application, may be granted with a variation of travel
     conditions for a period of 24 months, equivalent to that of the partner’s travel conditions.

c.   An immigration officer may ask for any additional evidence that the relationship is
     ongoing, genuine and stable, including that obtained by interview.

RV3.20.10 Resident visa holders seconded overseas as part of their New Zealand
employment

a.   Unless RV3.1 (d) applies, resident visa holders seconded overseas as part of their New
     Zealand employment, who do not qualify for permanent resident visas, may be granted a
     variation of travel conditions for a further 24-month period provided that their New
     Zealand employer confirms in writing that they require the applicant to remain overseas
     and still consider the applicant to be a New Zealand resident.

b.   Written confirmation from a New Zealand employer must state the terms and duration of
     the secondment and confirm the applicant is still considered a New Zealand resident.

c.   Further travel conditions under this provision may be granted every two years, for up to a
     total of 8 years stay outside New Zealand.

d.   Partners and children may be granted further travel conditions for a period equivalent to
     that of the principal applicant provided the immigration officer is satisfied that the
     relationship between them and the principal applicant is genuine and ongoing.
                                                                            Effective 29/11/2010




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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?
See also Immigration Act 2009 ss 15, 16
People are not eligible for a second or subsequent resident visa if they:

a.   are not eligible for a visa under section 15 or 16 of the Immigration Act 2009; or

b.   are prohibited for entry or for grant of a visa to New Zealand because they are subject to
     restrictions or a ban (see RA9 and R5.100).
                                                                              Effective 29/11/2010

RV4.5 Who may apply for a second or subsequent resident visa?

A person may apply for a second or subsequent resident visa if they have held, or been
deemed to hold, a resident visa that has expired because the holder either:

a.   left New Zealand after the expiry of the travel conditions; or

b.   are outside of New Zealand when the travel conditions expired.
                                                                              Effective 29/11/2010

RV4.10 Determining an application for a second or subsequent resident visa

See previous instructions RV4.10 Effective 29/11/2010


a.   An applicant for a second or subsequent resident visa may be granted a second or
     subsequent resident visa if:

     i     the principal applicant would have met the criteria to be granted a variation of travel
           conditions under RV3.5, RV3.10 or RV3.15 had they applied for it on the date the
           current applicant’s resident visa expired and those travel conditions would still be valid
           on the date the application for a second or subsequent resident visa was made; or
     ii    the principal applicant would have met the criteria to be granted a permanent resident
           visa had they applied for it on the date the current applicant’s resident visa expired
           and that date was less than 24 months before the date the application for a second or
           subsequent resident visa is made; or
     iii   the principal applicant meets the criteria for one of the special provisions for a second
           or subsequent resident visa (RV4.20).

b.   A non-principal applicant may be assessed independently of the principal applicant if the
     instructions of RV1.20.1 to RV1.20.20 apply.
                                                                              Effective 07/11/2011

RV4.15 Conditions imposed on a second or subsequent resident visa

See previous instructions RV4.15 Effective 29/11/2010


a.   Any conditions (except travel conditions) imposed under section 49(1) of the Immigration
     Act 2009 on the expired visa must be replicated on any second or subsequent resident
     visa granted. Any such conditions must be valid until the same date as on the applicant’s
     previous resident visa.




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b.   Multiple entry travel conditions granted on second or subsequent resident visa must be
     valid for the longest of:

     i     the date the variation of travel conditions would have been valid to, had the principal
           applicant applied for one on the date the current applicant’s resident visa expired; or
     ii    24 months from the date the current applicant’s resident visa expired if the principal
           applicant was eligible for a permanent resident visa on that day; or
     iii   the duration specified by special provisions for the grant of a second or subsequent
           resident visa set out at RV4.20.
                                                                             Effective 07/11/2011

RV4.20 Special provisions for the grant of a second or subsequent resident
visa

RV4.20.1 Partners of New Zealand citizens

a.   Partners of New Zealand citizens may be granted a second or subsequent resident visa
     with 24 months of multiple entry travel conditions, provided the New Zealand partner
     supports the application in writing and:

     i     the applicant’s resident visa was obtained on the basis of their partnership with the
           same New Zealand citizen and the partnership is ongoing; or
     ii    an immigration officer is satisfied that the applicant has been living with the New
           Zealand citizen in a genuine and stable relationship for at least one year at the time of
           application.

b.   Dependent children of the partner of a New Zealand citizen, who were included in that
     partner's residence class visa application, may be granted a second or subsequent resident
     visa with 24 months of travel conditions, equivalent to the partner’s second or subsequent
     resident visa.

c.   An immigration officer may ask for any additional evidence that the relationship is
     ongoing, genuine, and stable, including that obtained by interview.

RV4.20.5 Former resident visa holders seconded overseas as part of their New
Zealand employment

a.   A former resident visa holder seconded overseas as part of their New Zealand employment
     may be granted a second or subsequent resident visa if:

     i     the principal applicant would have met the criteria to be granted a variation of travel
           conditions under RV3.20.10 had they applied for it on the date their resident visa
           expired and;
     ii    the principal applicant met the criteria under RV3.20.10 at the time the application for
           a second or subsequent resident visa was made; and
     iii   the date the principal applicant’s resident visa expired was less than 24 months before
           the date the application for the second or subsequent resident visa was made.

b.   The multiple entry travel conditions on second or subsequent resident visas granted under
     these instructions must be valid until 24 months from the date the resident visa expired.

c.   Partners and children may be granted a second or subsequent resident visa with travel
     conditions for a period equivalent to that of the principal applicant provided the



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    immigration officer is satisfied that the relationship between them and the principal
    applicant is genuine and ongoing.
                                                                          Effective 29/11/2010




                                                                                            48-3
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




                                                                                            Table of Contents
INZ Operational Manual                                                                 Residence



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.

                                                                          Effective 07/11/2011




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RW2 RESIDENCE INSTRUCTIONS FOR HOLDERS OF WORK VISAS
GRANTED UNDER THE TALENT (ACCREDITED EMPLOYERS) WORK
INSTRUCTIONS
See previous instructions RW2 Effective 29/11/2010


Holders of visas granted under the Talent (Accredited Employers) work instructions may be
granted a residence class visa where:

a.   they have held a work visa granted under the Talent (Accredited Employers) work
     instructions for a period of at least 24 months; and

b.   during the currency of that visa they have been employed in New Zealand throughout a
     period of 24 months:

     i    by any accredited employer; or
     ii   by an employer(s) who is not an accredited employer, provided that during the period
          of that employment the conditions of the applicant's visa were varied to allow them to
          work for that employer(s) (see WR1.5(c) (ii)); and

c.   they have employment in New Zealand with a minimum base salary of:

     i    NZ$50,000 per annum if the associated work to Residence visa application (WR1) was
          made on or after 30 July 2007 but before 28 July 2008; or
     ii   NZ$55,000 per annum if the associated work to Residence visa application (WR1) was
          made on or after 28 July 2008 ; and

d.   they hold full or provisional registration, if full or provisional registration is required to
     practice in the occupation in which they are employed; and

e.   they meet health and character requirements (see A4 and A5).

Note:
~ Applicants under these instructions must be in New Zealand at the time they lodge their
application for a residence class visa.
~ For the avoidance of doubt, the minimum base salary excludes employment-related
allowances (for example overtime, tool or uniform allowances, medical insurance,
accommodation).
~ Where an employee is to work more than 40 hours per week, the minimum base salary must
be calculated on the basis of 40 hours work per week.

                                                                                Effective 30/07/2011

RW2.1 Eligibility for a permanent resident visa

A permanent resident visa may be granted to an applicant under Talent (Accredited
Employers) work instructions who:

a.   meets all the requirements to be granted a residence class visa; and




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b.   at the time of their application for a residence class visa, has employment in New Zealand
     with a minimum base salary of NZ$90,000.
                                                                              Effective 29/11/2010

RW2.5 Requirements for employment

Employment must be:

a.   in New Zealand; and

b.   full-time (that is it amounts to, on average, at least 30 hours per week); and

c.   ongoing (that is, for employment that is permanent, or indefinite, or for a stated term of
     at least 12 months with an option for the employee of further terms); and

d.   genuine; and

e.   compliant with all relevant employment law in force in New Zealand.

     Note: Compliance with relevant New Zealand employment law includes but is not limited
     to:

     ~ a written employment agreement that contains the necessary statutory specified terms
     and conditions;
     ~ meeting holiday and special leave requirements and other minimum statutory criteria;
     ~ meeting occupational safety and health obligations.
                                                                              Effective 29/11/2010

RW2.10 Evidential requirements

Applications for a residence class visa under the residence instructions for holders of work
visas granted under the Talent (Accredited Employers) work instructions must include:

a.   Evidence that during the currency of their visa granted under the Talent (Accredited
     Employers) work instructions, the applicant has been employed in New Zealand by any
     accredited employer throughout a period of at least 24 months; and

b.   Evidence of employment that meets the requirements set out at RW2.5; and

c.   Evidence that the applicant holds full or provisional registration, if full or provisional
     registration is required to practice in the occupation in which they have employment.
                                                                              Effective 29/11/2010




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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.   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

b.   during the currency of that visa they have been actively engaged in their declared field of
     art, culture or sport throughout a period of 24 months in New Zealand; and

c.   they are still prominent in that field of art, culture or sport; and

d.   their continued presence in New Zealand will enhance the quality of New Zealand's
     accomplishments and participation in that field of art, culture or sport; and

e.   they are supported by a New Zealand organisation of national repute in their declared
     field; and

f.   they have an acceptable sponsor (see R4.5); and

g.   they meet health and character requirements (see A4 and A5); and

h.   they have not, at any time since the grant of their visa under the Talent (Arts, Culture and
     Sports) work instructions, applied for, or been granted welfare assistance under the Social
     Security Act 1964. (For the purpose of these instructions, any welfare assistance applied
     for by, or granted to, a partner or child of the holder of a work visa granted under these
     instructions is welfare assistance applied for or granted to the holder.)

Note: Applicants under these instructions must be in New Zealand at the time they lodge their
application for a resident visa.

                                                                            Effective 29/11/2010

RW3.1 Definition of 'New Zealand organisation of national repute'

A 'New Zealand organisation of national repute' is:

a.   a New Zealand organisation that has a nationally recognised record of excellence in a field
     of art, culture or sport; or

b.   a New Zealand organisation that has a nationally recognised record of excellence in
     fostering exceptional talent in a field of art, culture or sport.
                                                                            Effective 29/11/2010

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.



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b.   Completion of the form includes:

     i     a statement of support for the resident visa application from an organisation of
           national repute in the applicant's declared field of art, culture or sport; and
     ii    the reasons for which the organisation considers that the applicant's presence in New
           Zealand will continue to enhance the quality of New Zealand's accomplishments and
           participation in the declared field of art, culture or sport; and
     iii   a written undertaking of sponsorship from a natural person, organisation, or
           government agency which is an acceptable sponsor to confirm they will meet the costs
           specified at R4.10 if those costs are incurred in the 24 months after the grant of the
           resident visa.

Note: The sponsor is not required to be the organisation that is supporting the application.

                                                                              Effective 29/11/2010

RW3.10 Evidential requirements

Applications for a residence class visa under the Residence instructions for holders of work
visas granted under the Talent (Arts, Culture and Sports) work instructions must include:

a.   Evidence that during the currency of their visa granted under the Talent (Arts, Culture and
     Sports) work instructions, the applicant has been active in their declared field of art,
     culture or sport throughout a period of 24 months in New Zealand; and

b.   Evidence that the applicant is still prominent in that field of art, culture or sport; and

c.   A completed Talent (Arts, Culture and Sports) Sponsorship Form (INZ 1091) from an
     organisation of national repute that includes a written undertaking from an acceptable
     sponsor as set out in R4.10.
                                                                              Effective 29/11/2010




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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.   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

b.   they have employment with a minimum base salary of NZ$45,000 per annum that is
     either:

     i    in an occupation that was on the Long Term Skill Shortage List when which they were
          granted a work visa under the long term skill shortage list work instructions; or
     ii   in an occupation that is on the long term skill shortage list at the time their application
          for a resident visa is made; and

c.   they are aged 55 years or under; and

d.   they hold full or provisional registration, if full or provisional registration is required to
     practice in the occupation in which they are employed in New Zealand; and

e.   they meet health and character requirements (see A4 and A5).

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.

                                                                                Effective 29/11/2010

RW4.1 Requirements for employment

Employment must be:

a.   in New Zealand; and

b.   full-time, (that is it amounts to, on average, at least 30 hours per week); and

c.   ongoing (that is, for employment that is permanent, or indefinite, or for a stated term of
     at least 12 months with an option for the employee of further terms); and

d.   genuine; and

e.   compliant with all relevant employment law in force in New Zealand.

Note: Compliance with relevant New Zealand employment law includes but is not limited to:

~ a written employment agreement that contains the necessary statutory specified terms and
conditions



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~ meeting holiday and special leave requirements and other minimum statutory criteria
~ meeting occupational safety and health obligations.

                                                                              Effective 29/11/2010

RW4.5 Evidential requirements

Applications for residence class visas under the Residence instructions for holders of work visas
granted under the long term skill shortage list work instructions must include:

a.   Evidence that the applicant has been employed in New Zealand for a period of at least 24
     months in an occupation that was listed on the long term skill shortage list at the time
     their visa was granted under the long term skill shortage list work instructions; and

b.   Evidence of employment that meets the requirements set out at RW4 (b) and RW4.1; and

c.   Evidence that the applicant holds full or provisional registration, if full or provisional
     registration is required to practice in the occupation in which they have employment.
                                                                              Effective 29/11/2010




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RW5 ENGLISH LANGUAGE REQUIREMENTS....
See previous instructions RW5 Effective 29/11/2010


RW5 English language requirements under the Residence from Work Category

a.   To be granted a resident visa, partners and dependent children aged 16 and older, who
     are included in any Residence from Work Category application, must either:

     i     show that they meet a minimum standard of English to ensure their English language
           ability is sufficient to assist them to successfully settle in New Zealand (see RW5.1);
           or
     ii    pre-purchase ESOL training.

b.   In addition, principal applicants under Religious Worker instructions must show that they
     meet a minimum standard of English to ensure their English language ability is sufficient
     to assist them to successfully settle in New Zealand (see RW5.1).
                                                                             Effective 07/11/2011

RW5.1 Minimum standard of English

See previous instructions RW5.1 Effective 29/11/2010


a.   Principal applicants under Religious Worker residence instructions and partners and
     dependent children aged 16 and older under all Residence from Work categories meet the
     minimum standard of English if:

     i     they provide a Test Report Form (no more than 2 years old at the time the application
           is lodged) from the International English Language Testing System (IELTS), showing
           they achieved an "Overall Band" score of 5 or higher in the IELTS General or Academic
           Module; or
     ii    they provide evidence that they have an English-speaking background (see RW5.5)
           which is accepted by an immigration officer as meeting the minimum standard of
           English; or
     iii   they provide other evidence which satisfies an immigration officer that, taking account
           of that evidence and all the circumstances of the application, the person meets the
           minimum standard of English. These circumstances may include but are not limited to:
            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.
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


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decision to request an IELTS certificate under RW5.1(b) is made. If an IELTS certificate is
requested, the reason(s) behind the decision must be clearly documented and conveyed to the
applicant.
~ IELTS is an international organisation that provides an assessment of ability in English. Its
General and Academic Modules provide band totals (test results) showing overall ability as well
as performance in listening, reading, writing and speaking.

                                                                            Effective 07/11/2011

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.
                                                                            Effective 29/11/2010

RW5.10 Employment in New Zealand as English-speaking background

a.   An applicant is also considered to have an English-speaking background if:

     i    they have been lawfully employed full-time in an occupation in New Zealand for a
          minimum of 12 months; and
     ii   English was the language of employment




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b.   "Employment' in the context of English language requirements policy does not include self-
     employment.
                                                                           Effective 29/11/2010

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    references from employers on company letterhead, which state the occupation and
          dates of employment and the contact phone number and address of the employer; or
     ii   an employment agreement with confirmation from the employer that the applicant is
          still employed.

b.   Evidence that English was the language of employment is a written statement from the
     employer that English was the primary language used in that employment.
                                                                           Effective 29/11/2010

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 pre-
     purchase ESOL tuition must pre-purchase ESOL tuition from TEC (Tertiary Education
     Commission) by paying the required charge to INZ (who collect this charge on behalf of
     TEC).

b.   Before a residence class visa is granted, applicants must pay any ESOL tuition charge due.
                                                                           Effective 29/11/2010

RW5.25 TEC to arrange ESOL tuition

a.   The applicant is entitled to tuition to the value of the ESOL entitlement component of the
     ESOL tuition charge. This does not include INZ and TEC administration costs.

b.   TEC advises the applicant of the list of suitable ESOL tuition providers in New Zealand,
     from which the applicant may nominate one of their own choice.

c.   TEC will manage the contract between the ESOL tuition provider and the applicant.

d.   The applicant must advise TEC of their New Zealand address.
                                                                           Effective 29/11/2010

RW5.30 Applicant's Agreement with TEC

a.   Each applicant who pre-purchases ESOL tuition must sign an Agreement by which they
     agree, among other things, that they understand the rules for taking up ESOL tuition in
     New Zealand and the refund provisions.

b.   The content of the Agreement is determined by INZ and TEC.




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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.
                                                                            Effective 29/11/2010

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.

b.   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).

c.   If the Agreement is not signed and returned to INZ within the time specified by INZ, the
     residence class visa application must be declined.

d.   The INZ copy of the Agreement should be sent to the TEC.
                                                                            Effective 07/11/2011

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                  Charge to be paid   ESOL entitlement

     4.5 or more                         NZ$1,735            NZ$1,533.33
     4 or more, but less than 4.5        NZ$3,420            NZ$3,066.66
     3.5 or more, but less than 4        NZ$5,110            NZ$4,599.99
     Less than 3.5                       NZ$6,795            NZ$6,133.33

b.   The charge includes the applicant's ESOL tuition entitlement, as well as INZ and TEC
     administration costs.

c.   If an applicant has not submitted IELTS results when requested, the maximum charge of
     NZ$6,795 applies.
                                                                            Effective 29/11/2010

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.
                                                                            Effective 29/11/2010

RW5.50 Limited period to use ESOL tuition

a.   If ESOL tuition is purchased in New Zealand, the applicant must complete the tuition
     within 3 years from the date of payment.




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b.   If ESOL tuition is purchased outside New Zealand, the applicant must complete the tuition
     within 3½ years from the date of payment.

c.   ESOL tuition will not be available without further payment, nor will refunds be given, to
     applicants who do not take up ESOL tuition within the time limits specified in paragraphs
     (a) and (b).
                                                                           Effective 29/11/2010

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.

b.   Requests for refunds must be declined if they are made more than six months after the
     expiry of the travel conditions allowing travel to New Zealand.

c.   Immigration officers considering requests for refunds must be satisfied that the principal
     applicant and partner and dependent children included in the application:

     i    have not taken up residence; and
     ii   do not hold current residence class visas.

d.   The person who paid the fee will be repaid only the ESOL entitlement. The INZ and TEC
     administration costs will not be refunded.
                                                                           Effective 29/11/2010




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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).
                                                                      Effective 29/11/2010




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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.   provide New Zealand communities with the opportunity to practise, maintain and advance
     their religious beliefs; and

b.   maintain the integrity of the immigration system through clear guidelines for applicants to
     enter New Zealand and undertake genuine religious work.
                                                                             Effective 07/11/2011

RW7.5 Residence instructions for holders of work visas granted under
Religious Worker instructions

Holders of visas granted under Religious Worker instructions (or Ministers of religion,
missionaries, and members of religious orders instructions, or Specific purpose or event work
instructions at WS2(g) before 5 November 2011) may be granted a resident visa where they:

a.   have held a work visa for a period of at least three years, and met the conditions of that
     visa granted under:

     i     Religious Worker instructions;
     ii    Ministers of religion, missionaries, and members of religious orders instructions
           (before 5 November 2011); or
     iii   Specific purpose or event work instructions (at WS2(g) before 5 November 2011); and

b.   have an acceptable sponsor (see RW7.10); and

c.   have a genuine offer of work from their sponsor that is:

     i     for religious work (see RW7.5.1); and
     ii    in New Zealand; and
     iii   ongoing (permanent, indefinite, or for a stated term of at least five years); and

d.   are aged 55 years or under; and

e.   meet the minimum English language requirements (see RW5.1); and

f.   have at least five years of religious training and/or religious work experience; and

g.   meet health and character requirements (see A4 and A5); and

h.   have not, at any time since the grant of their work visa under the Religious Worker
     instructions, applied for, or been granted welfare assistance under the Social Security Act
     1964. (For the purpose of these instructions, any welfare assistance applied for by, or
     granted to, a partner or child of the holder of a work visa granted under these instructions
     is welfare assistance applied for or granted to the holder.)

Note: Applicants under these instructions must be in New Zealand at the time they lodge their
application for a resident visa.


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RW7.5.1 Definition of ‘religious work’

a.   Religious work must substantially be a primary role including one or more of the following:

     i     teaching or guidance in religious scripture or philosophy;
     ii    leading religious practice, worship or prayer;
     iii   conducting religious initiations, ordination or ritual;
     iv    ministering or pastoral care;
     v     roles of religious leadership in relation to any of the above.

b.   Applicants are considered to be undertaking religious work where INZ is satisfied that the
     work the applicant is being sponsored to undertake directly serves the religious objectives
     of the sponsoring organisation.

     Note: Supporting roles for the sponsoring organisation, including cooking or cleaning may
     be secondary roles a religious worker may undertake. Secondary roles, however, will not in
     themselves qualify as religious work for the purposes of a visa. Religious study is not
     considered religious work for the purposes of these instructions.

c.   Religious work may include:

     i     employment for a position that is paid a salary or wages; or
     ii    work for a position that is paid a stipend; or
     iii   work for a position that does not receive direct financial return to the worker, or
     iv    work for a position that is paid through any alternative arrangement to RW7.5.1 (c) (i)
           - (iii).

d.   Where a religious worker is employed by the sponsoring organisation (RW7.5.1(c) (i)), the
     sponsoring organisation must supply an employment agreement for the duration of the
     sponsorship obligations.

e.   Where a religious worker is not employed by the sponsoring organisation (RW7.5.1(c) (ii) -
     (iv)), the sponsoring organisation must provide a description of the work that includes the
     primary role(s), and any secondary role(s) the religious worker will be expected to
     undertake.
                                                                              Effective 07/11/2011

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.

b.   Completion of the form must include:

     i     evidence that:
            the sponsoring organisation is a charity registered with the Charities Commission
             with a primary purpose of advancing religion; and
            work to be undertaken by the applicant meets the requirements at RW7.5(c);
     ii    a statement from the sponsoring organisation establishing the reasons why that the
           organisation considers that work by the applicant will continue to serve their religious
           objectives; and



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     iii   a declaration of sponsorship from the organisation, to confirm they will meet the
           undertakings specified at R4.10 for a period of five years after the grant of the
           resident visa; and
     iv    information to demonstrate that the sponsoring organisation has a long term need for
           a religious worker (this may include, but is not limited to a statement demonstrating a
           shortage of New Zealanders or resident visa holders suitable and available for the
           religious work, or information pertaining to the growth of the religious organisation or
           their followers).

RW7.10.1 Requirements for sponsoring organisations

a.   Sponsoring organisations under these instructions must have a history of compliance with
     the relevant employment and immigration law in force in New Zealand. Compliance with
     relevant New Zealand employment and immigration law includes, but is not limited to:

     i     paying employees no less than the appropriate minimum wage rate or other
           contracted industry standard; and
     ii    meeting holiday and special leave requirements or other minimum statutory criteria,
           e.g. occupational safety and health obligations; and
     iii   only employing people who have authority to work in New Zealand.

b.   Evidence or confirmation of compliance with relevant New Zealand employment and
     immigration law may include but is not limited to:

     i     an employment agreement with the applicant which demonstrates compliance (if the
           applicant is employed); and
     ii    a recognised history with the Department of Labour of past compliance.

c.   Immigration officers may also request other evidence or confirmation of the employer's
     past and future compliance with employment and immigration law.

d.   Immigration officers may require employers to provide evidence that the rate of pay
     and/or conditions of work offered to the applicant is not less than that for New Zealand
     workers undertaking similar work for the sponsoring organisation.

e.   INZ will decline an application for a Religious Worker resident visa where it considers that
     granting the visa would undermine the integrity, credibility or reputation of the New
     Zealand immigration or employment relations systems.

     Note: To determine whether an employment agreement creates an unacceptable risk to the
     integrity of New Zealand's immigration and employment laws or instructions, an
     immigration officer may consider whether the rate of pay and/or conditions of the work are
     comparable to that for New Zealand workers undertaking similar work for the sponsoring
     organisation.
                                                                             Effective 07/11/2011

RW7.15 Evidential requirements

See previous instructions RW7.15 Effective 07/11/2011


Applications under these instructions must include evidence:

a.   that the applicant has been undertaking religious work in New Zealand for a period of at
     least three years; and



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b.   of work that meets the requirements set out at RW7.5.1; and

c.   of sponsorship by an acceptable sponsor (see RW7.10); and

d.   of at least five years of religious training and/or religious work experience relevant to the
     religious work the applicant is being sponsored to undertake, that may include, but is not
     limited to:

     i     testimonials;
     ii    certificates of ordination;
     iii   curriculum vitae;
     iv    documentation demonstrating relevant work experience; or
     v     a verified copy of an awarding certificate for a relevant qualification.
                                                                               Effective 30/07/2012

RW7.20 Conditions and currency of Religious Worker visas
See also Immigration Act 2009 ss 49, 55
a.   Resident visas granted under these instructions will be subject to the condition that the
     applicant must undertake religious work for the sponsoring organisation only. This
     condition will apply for five years from the visa holder’s first day as a resident in New
     Zealand, except where RW7.20 (d) applies.

b.   A resident visa granted under the Religious Worker instructions is subject to the condition
     that the sponsor of the visa holder meets their obligations as set out in R4.10 for five
     years from the visa holder’s first day as a resident in New Zealand.

c.   The multiple entry travel conditions on a resident visa granted under the Religious Work
     instructions must be valid for five years from the visa holder’s first day as a resident in
     New Zealand.

d.   Despite (a) above, the holder of that visa may request that the conditions on their resident
     visa be varied to allow them to work for another registered charity of the same religious
     affiliation whose purpose is advancing religion.

     Note: The sponsoring organisation can be changed, for example, where the sponsoring
     organisation stated on the visa is deregistered as a charitable organisation under Section
     31 of the Charities Act 2005.

e.   Where RW7.20 (d) applies, the applicant must provide supporting documentation to
     confirm that:

     i     the new sponsoring organisation is an acceptable sponsor; and
     ii    the visa holder will undertake religious work for the new sponsor.
                                                                               Effective 07/11/2011




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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.   Pitcairn Islanders are considered for a resident visa under a special category because New
     Zealand recognises that there are few employment opportunities on Pitcairn Island.

b.   Pitcairn Islanders must be approved for a resident visa if they:

     i     apply in the prescribed manner (see R2.35 - R2.45), and
     ii    meet health and character requirements (see A4 and A5), and
     iii   have an offer of employment in New Zealand that meets the requirements of SM7.15.
                                                                             Effective 29/11/2010

S1.10 Samoan Quota Scheme

See previous instructions:
S1.10 Effective 30/04/2011
S1.10 Effective 04/04/2011
S1.10 Effective 29/11/2010


S1.10.1 Objective

The Samoan Quota Scheme allows up to 1,100 Samoan citizens to be granted a resident visa
each year. The total number of Samoan citizens approved under this category includes
principal applicants, their partners and dependent children.

S1.10.5 Criteria for a resident visa

a.   To qualify for a resident visa under the Samoan Quota Scheme, the principal applicant
     must:

     i     be a Samoan citizen (having been born in Samoa or born overseas to a Samoan
           citizen who was born in Samoa); and
     ii    be either in Samoa or lawfully in New Zealand at the time their application for a
           resident visa is made; and
     iii   have their registration drawn from the Samoan Quota Scheme pool; and
     iv    lodge their application for a resident visa under the Samoan Quota Scheme within six
           months of written advice from INZ that their registration has been drawn from the
           Samoan Quota Scheme pool; and
     v     have been aged between 18 and 45 (inclusive) at the registration closing date; and
     vi    have an acceptable offer of employment, or have a partner included in the application
           who has an acceptable offer of employment (see S1.10.30 below); and
     vii (if they have dependent children) meet the minimum income requirement (see
         S1.10.35 below); and
     viii meet a minimum level of English language ability (see S1.10.45 below); and
     ix    meet health and character requirements (see A4 and A5).

b.   Partners and dependent children of the principal applicant who are included in the resident
     visa application must also meet health and character requirements for a resident visa (see
     A4 and A5).



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c.   An immigration officer may extend the six month timeframe referred to in paragraph
     (a)(iv) if the officer believes the special circumstances of the applicant justify such an
     extension.

d.   The Regional Manager (Pacific/Americas), Visa Services may extend the six month
     timeframe referred to in paragraph (a)(iv) in relation to a class of applicants if the
     Regional Manager believes the special circumstances of the class of applicants justify such
     an extension.


S1.10.10 Registration process for principal registrants

a.   Principal registrants may register for entry into the Samoan Quota pool within a set
     registration period. The dates of the registration period will be announced each year prior
     to the registration opening.

b.   Principal registrants must be aged between 18 and 45 (inclusive) at the registration
     closing date for their registration to be accepted into the ballot.

c.   Registrations must be made on the Registration Form for Samoan Quota Scheme,
     available on the INZ website (www.immigration.govt.nz/forms) or from branches of INZ.

d.   Registrations must be submitted during the registration period to the appropriate receiving
     office specified on the Registration Form for Samoan Quota Scheme.

e.   Registrations will be accepted for entry into the ballot only if they are fully completed,
     signed by the principal registrant, and accompanied by any documents or evidence
     specified as required by the registration form.

f.   Any registrants who have previously overstayed in New Zealand, but have departed
     voluntarily, and do not have a removal order or period of prohibition on entry in force in
     respect of them, can register under the Samoan Quota Scheme.

g.   Any registrants included in a registration must either:

     i    be in New Zealand lawfully at the time the registration is made; or
     ii   be offshore at the time the registration is made.

S1.10.10.1 Definition of 'principal registrant'

The principal registrant is the person who is declared to be the principal registrant on the
registration application form and who intends to be the principal applicant of any resulting
resident visa application.

S1.10.15 Inclusion in registration of immediate family members of the principal
registrant

a.   Where the principal registrant has a partner and/or dependent children all of those people
     must be included in the registration.

b.   If a registration is successful in the pool draw, only a partner and/or dependent children
     included in the registration may be included in the resulting application for a resident visa
     under the Samoan Quota Scheme. This limitation applies despite R2.1 concerning the
     inclusion of family members in an application.




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c.   Any partner and/or dependent children who were eligible for inclusion in the registration
     but were not included must not subsequently be granted a residence class visa under the
     Partnership or Dependent Child Categories.

d.   Despite (b) and (c) above, a partner or dependent child who was included in the
     registration but not in the resulting application for a resident visa may be granted a
     residence class visa as a principal applicant under the Partnership or Dependent Child
     Categories.

e.   Notwithstanding (b) above, in the event an applicant includes any partner and/or
     dependent child in their application who was not included in their registration, officers
     should allow the principal applicant an opportunity to explain the non-declaration in
     accordance with R5.15 before applying the limitation referred to in (b).

f.   Where a person is not eligible to be included at the time of registration but is eligible at
     the time of the application for a resident visa (e.g. in the case of a newborn child), they
     may be included in the resident visa application provided R2.1 is met.

S1.10.20 Number of registrations that may be lodged

Registrants must lodge (or be included in) only one registration within the registration period.
If a registration is lodged that includes registrants who are already included in a registration
accepted by INZ, the subsequent registration(s) will not be accepted.

S1.10.25 Selection process following closure of registration

a.   As soon as practicable following the closure of the registration period, INZ will conduct an
     electronic draw.

b.   Registrations will be randomly drawn from the pool until the appropriate number of
     potential applicants to fill the number of available places within the annual period has been
     drawn.

c.   Principal registrants whose registrations have been drawn from the pool will be notified by
     INZ in the month following the draw that their registration has been successful, and will be
     invited to lodge an application for a resident visa under the Samoan Quota Scheme at the
     appropriate receiving office of INZ not more than six months after the date of that advice.


S1.10.30 Acceptable offers of employment

a.   Acceptable offers of employment may be in either a skilled or unskilled occupation but
     must be for ongoing and sustainable employment. Ongoing and sustainable employment is
     employment with a single employer:

     i    in a job which is permanent, or indefinite, and of which the employer is in a position to
          meet the terms specified; or
     ii   for a stated term of at least twelve months with an option for the employee of further
          terms, and of which the employer is in a position to meet the terms specified.

     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:



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     i     for full-time employment (employment is full-time if it amounts to, on average, at
           least 30 hours per week) unless S1.10.35.1 (c) applies; and
     ii    current at the time of assessing the application and at the time of grant of the visa;
           and
     iii   genuine; and
     iv    for a position that is paid by salary or wages (ie, positions of self-employment,
           payment by commission and/or retainer are not acceptable); and
     v     accompanied by evidence of professional or technical registration if this is required by
           law to take up the offer; and
     vi    compliant with all relevant employment law in force in New Zealand.

c.   An acceptable offer of employment must be from an employer who complies with all
     relevant employment and immigration law in force in New Zealand. Compliance with
     relevant New Zealand employment and immigration law will be assessed on the basis of
     past and current behaviour, and includes, but is not limited to:

     i     paying employees no less than the applicable minimum wage rate; and
     ii    meeting holiday and leave entitlements and other minimum statutory requirements;
           and
     iii   meeting occupational safety and health obligations; and
     iv    only employing people who are entitled to work in New Zealand.

d.   If the principal applicant has dependent children, the offer of employment must also meet
     the minimum income requirement set out at S1.10.35 below.


S1.10.35 Minimum income requirement

a.   Principal applicants with dependent children must show that they will meet the minimum
     income requirement if they come to New Zealand, which is intended to ensure they can
     support themselves and their dependent children.

b.   The gross minimum income requirement is $31,547.36. This is based on the
     Unemployment Benefit (married and civil union rate) plus the maximum Accommodation
     Supplement (as set by the New Zealand Government).

c.   The minimum income requirement must be derived from an acceptable offer of
     employment - see S1.10.30.

S1.10.35.1 Ability to include partner's income as part of the minimum income
requirement

a.   If both the principal applicant and their partner included in their application have an
     acceptable offer of employment in New Zealand, both of their wages or salaries may be
     taken into account when determining if the minimum income requirement is met.

b.   In such cases the partner's employment and income will only be taken into account if, at
     the time the application is assessed, an immigration officer is satisfied the principal
     applicant and partner have been living together for 12 months or more in a partnership
     that is genuine and stable (see R2.1.15.1(b) and R2.1.15.5(a)(i)).

c.   Where the employment (and income) of both the principal applicant and their partner is
     used to meet the minimum income requirement, both offers of employment must meet all


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     the requirements in S1.10.30 except that only one has to meet the requirement that the
     offer be for full-time employment.


S1.10.40 Evidence of employment offer

a.   Evidence of an offer of employment is original or certified copies of the following
     documents:

     i     a written offer of employment; and
     ii    a detailed job description; and
     iii   an employment agreement entered into by the employer and the principal applicant,
           stating:
            the terms of employment; and
            the hours of work; and
            the period during which employment may begin.
b.   Additional evidence may include, but is not limited to:

     i     any information requested by INZ; and
     ii    the results of any verification undertaken by INZ; and
     iii   information from the employer or recruitment agency.

S1.10.45 Minimum English language requirement

The interviewing immigration officer determines whether principal applicants meet the
minimum English language requirement by assessing whether they are able to:

a.   read English; and

b.   understand and respond to questions in English; and

c.   maintain an English language conversation about themselves, their family or their
     background.

S1.10.50 Determining applications

a.   The immigration officer must sight the original job offer and verify that it is genuine and
     current by checking:

     i     directly with the employer; or
     ii    through the nearest branch office of INZ to the employer in New Zealand; or
     iii   by some other appropriate arrangement.

b.   The immigration officer must then assess the applicant's English language ability against
     the criteria at S1.10.45 above.


S1.10.55 Grant of visas

a.   If an application for a resident visa under the Samoan Quota Scheme is approved and the
     applicant is in New Zealand lawfully, a resident visa will be granted.

b.   If an application for a resident visa under the Samoan Quota Scheme is approved and the
     applicant is in Samoa, the principal applicant will be granted with a resident visa with
     travel conditions allowing first entry within three months, while the partner and dependent


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     children will be granted resident visas with travel conditions allowing first entry within 12
     months.
                                                                             Effective 26/03/2012

S1.11 Residual Quota Places Category

a.   If the annual quota of places available under the Samoan Quota Scheme is not filled by
     applicants drawn from the ballot, INZ will, for the purpose of filling remaining places, call
     for resident visa applications within a specified period from persons who:

     i     are Samoan citizens (having been born in Samoa or born overseas to a Samoan citizen
           who was born in Samoa); and
     ii    are in New Zealand at the time applications are called for under this category; and
     iii   are lawfully in New Zealand at the time their application for a resident visa is made;
           and
     iv    are aged between 18 and 45 inclusive; and
     v     have an acceptable offer of employment or have a partner, included in the application,
           who has an acceptable offer of employment (see S1.10.30); and
     vi    meet the minimum income requirement (see S1.10.35) if they have dependants; and
     vii meet a minimum level of English language ability (see S1.10.45); and
     viii meet health and character requirements (see A4 and A5).

b.   Partners and dependent children accepted under the Quota must meet health and
     character requirements (see A4 and A5).

c.   Applications will only be accepted if sent to the designated receiving office in New Zealand
     on the form Application for Residence in New Zealand (INZ 1000)

d.   Applications that are lodged in the prescribed manner (that meet all mandatory lodgement
     requirements) will be processed in the order in which they are received.

e.   Applicants who meet the criteria specified in (a) to (c) above will be granted a resident
     visa.

f.   All applications received that have not been decided at the time that all the remaining
     places from the annual quota have been filled will be treated as lapsed.
                                                                             Effective 29/11/2010

S1.40 Pacific Access Category

See previous instructions:
S1.40 Effective 30/04/2011
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 to be granted residence class visas in New Zealand each year. The total
number of individuals approved under each category includes principal applicants, their
partners and dependent children.



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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     be a citizen of Tonga, Tuvalu, or Kiribati; and
     ii    have their Pacific Access Category registration drawn from the relevant Tonga, Tuvalu,
           or Kiribati pool of the Pacific Access Category; and
     iii   lodge their application for a resident visa under the Pacific Access Category within 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
     iv    have been aged between 18 and 45 (inclusive) at the registration closing date; and
     v     have an acceptable offer of employment or have a partner, included in the application,
           who has an acceptable offer of employment (see S1.40.30 below); and
     vi    (if they have dependent children) meet the minimum income requirement set out at
           S1.40.35 below; and
     vii meet a minimum level of English language ability (see S1.40.45 below); and
     viii meet health and character requirements (see A4 and A5).

b.   Principal applicants who are citizens of Tonga must be:

     i     either in Tonga or lawfully in New Zealand at the time their application under the
           Pacific Access Category is made; and
     ii    must have been born in Tonga or born overseas to a Tongan citizen who was born in
           Tonga.

c.   Principal applicants who are citizens of Kiribati must be:

     i     either in Kiribati or Fiji or lawfully in New Zealand at the time their application under
           the Pacific Access Category is made; and
     ii    must have been born in Kiribati or born overseas to a Kiribati citizen who was born in
           Kiribati.

d.   Principal applicants who are citizens of Tuvalu must be:

     i     either in Tuvalu or Fiji or lawfully in New Zealand at the time their application under
           the Pacific Access Category is made; and
     ii    must have been born in Tuvalu or born overseas to a Tuvaluan citizen who was born in
           Tuvalu.

e.   Partners and dependent children included in applications under the Pacific Access Category
     must also meet health and character requirements (see A4 and A5).

f.   An immigration officer may extend the six-month timeframe referred to in paragraph
     (a)(iii) if the officer believes the special circumstances of the applicant justify such an
     extension.

g.   The Regional Manager (Pacific/Americas), Visa Services may extend the six-month
     timeframe referred to in paragraph (a)(iii) in relation to a class of applicants if the
     Regional Manager believes the special circumstances of the class of applicants justify such
     an extension.




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S1.40.10 Registration process for principal registrants

a.   Principal registrants may register for entry into the relevant Tonga, Tuvalu, or Kiribati pool
     of the Pacific Access Category within a set registration period. The dates of the registration
     period will be announced each year prior to the registration opening.

b.   Principal registrants must be aged between 18 and 45 (inclusive) at the registration
     closing date for their registration to be accepted into the ballot.

c.   Registrations must be made on the Registration Form for Pacific Access Category, available
     on the INZ website (www.immigration.govt.nz) or from branches of INZ.

d.   Registrations must be submitted during the registration period to the appropriate receiving
     office specified on the Registration Form for Pacific Access Category.

e.   Registrations will be accepted for entry into the ballot only if they are fully completed,
     signed by the principal registrant, and accompanied by any documents or evidence as
     required by the registration form.

f.   A fee is payable for registration. Payment must be made in a manner specified on the
     Registration Form for Pacific Access Category.

g.   Any registrants who have previously overstayed in New Zealand, but have departed
     voluntarily, and do not have a removal or deportation order in force in respect of them,
     can register under the Pacific Access Category.

h.   Any registrants included in a registration must either:

     i    be in New Zealand lawfully at the time the registration is made; or
     ii   be offshore at the time the registration is made.

S1.40.10.1 Definition of 'principal registrant'

The principal registrant is the person who is declared to be the principal registrant on the
registration application form and who intends to be the principal applicant of any resulting
residence class visa application.

S1.40.15 Inclusion in registration of immediate family members of the principal
registrant

a.   Where the principal registrant has a partner and/or dependent children all of those people
     must be included in the registration.

b.   If a registration is successful in the pool draw, only a partner and/or dependent children
     included in the registration may be included in the resulting application for a resident visa
     under the Pacific Access Category. This limitation applies despite R2.1 concerning the
     inclusion of family members in an application.

c.   Any partner and/or dependent children who were eligible for inclusion in the registration
     but were not included must not subsequently be granted a residence class visa under the
     Partnership or Dependent Child Categories.

d.   Despite (b) and (c) above, a partner or dependent child who was included in the
     registration but not in the resulting application for a resident visa may be granted a
     residence class visa as a principal applicant under the Partnership or Dependent Child
     Categories.


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e.   Notwithstanding (b) above, in the event an applicant includes any partner and/or
     dependent child in their application who was not included in their registration, officers
     should allow the principal applicant an opportunity to explain the non-declaration in
     accordance with R5.15 before applying the limitation referred to in (b).

f.   Where a person is not eligible to be included at the time of registration but is eligible at
     the time of the application for a resident visa (e.g. in the case of a newborn child), they
     may be included in the resident visa application provided R2.1 is met.

S1.40.20 Number of registrations that may be lodged

Registrants must lodge (or be included in) only one registration within the registration period.
If a registration is lodged that includes registrants who are already included in a registration
accepted by INZ, the subsequent registration(s) will not be accepted.

S1.40.25 Selection process following closure of registration

a.   INZ will conduct an electronic draw as soon as practicable after the closure of the
     registration period.

b.   Registrations will be randomly drawn from the pool of registrations, until the appropriate
     number of potential registrants to meet the various quotas of available places within the
     annual period has been drawn.

c.   Principal registrants whose registrations have been drawn from the various pools will be
     notified by INZ in the month following the draw that their registration has been successful
     and that they must lodge a full application under the Pacific Access Category to the
     appropriate receiving office of INZ not more than six months after the date of that advice.

d.   Principal registrants who are unsuccessful in the registration process within a particular
     registration period are able to re-register within subsequent registration periods at a
     reduced fee.


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:

     i     in a job which is permanent, or indefinite, and of which the employer is in a position to
           meet the terms specified; or
     ii    for a stated term of at least twelve months with an option for the employee of further
           terms, and of which the employer is in a position to meet the terms specified.

     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     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
     ii    current at the time of assessing the application and at the time of grant the visa; and
     iii   genuine; and


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     iv    for a position that is paid by salary or wages (ie, positions of self-employment,
           payment by commission and/or retainer are not acceptable); and
     v     accompanied by evidence of professional or technical registration if this is required by
           law to take up the offer; and
     vi    compliant with all relevant employment law in force in New Zealand.

c.   An acceptable offer of employment must be from an employer who complies with all
     relevant employment and immigration law in force in New Zealand. Compliance with
     relevant New Zealand employment and immigration law will be assessed on the basis of
     past and current behaviour, and includes, but is not limited to:

     i     paying employees no less than the applicable minimum wage rate; and
     ii    meeting holiday and leave entitlements and other minimum statutory requirements;
           and
     iii   meeting occupational safety and health obligations; and
     iv    only employing people who are entitled to work in New Zealand.

d.   If the principal applicant has dependent children, the offer of employment must also meet
     the minimum income requirement set out at S1.40.35 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.

b.   The gross minimum income requirement is $31,547.36. This is based on the
     Unemployment Benefit (married and civil union rate) plus the maximum Accommodation
     Supplement (as set by the New Zealand Government).

c.   The minimum income requirement must be derived from the acceptable offer of
     employment - see S1.40.30.

S1.40.35.1 Ability to include the partner's income as part of the minimum income
requirement

a.   If both the principal applicant and their partner included in their application have an
     acceptable offer of employment in New Zealand, both of their wages or salaries may be
     taken into account when determining if the minimum income requirement is met.

b.   In such cases the partner's employment and income will only be taken into account if, at
     the time the application is assessed, an immigration officer is satisfied the principal
     applicant and partner have been living together for 12 months or more in a partnership
     that is genuine and stable (see R2.1.15.1(b) and R2.1.15.5(a)(i)).

c.   Where the employment (and income) of both the principal applicant and their partner is
     used to meet the minimum income requirement, both offers of employment must meet all
     the requirements in S1.40.30, except that only one has to meet the requirement that the
     offer be for full-time employment.


S1.40.40 Evidence of employment offer

a.   Evidence of an offer of employment is original or certified copies of the following
     documents:

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     i     a written offer of employment; and
     ii    a detailed job description; and
     iii   a letter from the employer stating whether or not any occupational registration is
           required by law for the principal applicant to take up the position; and
     iv    an employment agreement entered into by the employer and the principal applicant,
           stating:
            the terms of employment; and
            the hours of work; and
            the period during which employment may begin.
b.   Additional evidence may include, but is not limited to:

     i     any information requested by INZ; and
     ii    the results of any verification undertaken by INZ; and
     iii   information from the employer or recruitment agency.

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.   read English; and

b.   understand and respond to questions in English; and

c.   maintain an English language conversation about themselves, their family or their
     background.


S1.40.50 Determining applications

a.   Immigration officers must sight the original job offer and verify that it is genuine and
     current by checking:

     i     directly with the employer; or
     ii    through the nearest branch office of INZ to the employer in New Zealand; or
     iii   by some other appropriate arrangement.

b.   Immigration officers must assess the applicant's English language ability against the
     criteria at S1.40.45 above.


S1.40.55 Grant of visas

a.   If an application for a resident visa under the Pacific Access Category is approved and the
     applicant is in New Zealand lawfully, a resident visa will be granted.




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b.   If an application for a resident visa under the Pacific Access Category is approved and the
     applicant is in Tonga, Kiribati, Tuvalu, or Fiji, the principal applicant will be granted a
     resident visa with travel conditions allowing first entry within three months, while the
     partner and dependent children will be granted resident visas with travel conditions
     allowing first entry within 12 months.
                                                                             Effective 26/03/2012

S1.41 Residual PAC Places Category

a.   If the annual quota of places available for each country under the Pacific Access Category
     is not filled by applicants drawn from the ballots, INZ will, for the purpose of filling
     remaining places, call for resident visa applications within a specified period from persons
     who:

     i     are citizens of the countries that have unfilled places; and
     ii    are in New Zealand at the time applications are called for under this category; and
     iii   are lawfully in New Zealand at the time their application for a resident visa is made;
           and
     iv    have an acceptable offer of employment or have a partner, included in the application,
           who has an acceptable offer of employment (see S1.40.30); and
     v     are aged between 18 and 45 inclusive; and
     vi    meet the minimum income requirement (see S1.40.35) if they have dependants; and
     vii meet a minimum level of English language ability (see S1.40.45); and
     viii meet health and character requirements (see A4 and A5).

b.   Principal applicants who are citizens of Tonga must have been born in Tonga or born
     overseas to a Tongan citizen who was born in Tonga.

c.   Principal applicants who are citizens of Kiribati must have been born in Kiribati or born
     overseas to a Kiribati citizen who was born in Kiribati.

d.   Principal applicants who are citizens of Tuvalu must have been born in Tuvalu or born
     overseas to a Tuvaluan citizen who was born in Tuvalu.

e.   Partners and dependent children included in applications under the Pacific Access Category
     must meet health and character requirements (see A4 and A5).

f.   Applications will only be accepted if sent to the designated receiving office in New Zealand
     on the form Application for Residence in New Zealand (INZ 1000).

g.   Applications that are lodged in the prescribed manner (that meet all mandatory lodgement
     requirements) will be processed in the order in which they are received.

h.   Applicants who meet the criteria specified in (a) to (f) above will be granted a resident
     visa.




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i.   All applications received that have not been decided at the time that all the remaining
     places from the annual quota have been filled will be treated as lapsed.
                                                                             Effective 29/11/2010

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.


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     be a Samoan citizen (having been born in Samoa or born overseas to a Samoan
           citizen who was born in Samoa); and
     ii    have made an application for a resident visa under the Residual Quota Places Category
           before 28 November 2005 which was not decided as at 7 December 2008; and
     iii   have withdrawn that undecided application after 7 December 2008; and
     iv    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
     v     meet the minimum income requirement (see S1.45.15 below) if they have
           dependants; and
     vi    meet a minimum level of English language ability (see S1.45.20 below); and
     vii meet health and character requirements (see A4 and A5).

b.   Partners and dependent children accepted under this category must meet health and
     character requirements (see A4 and A5).

c.   Applications will only be accepted on the Application for Special Samoan Quota Places form
     and should be sent to the designated receiving office in New Zealand.

d.   Applications that are made in the prescribed manner (that meet all mandatory lodgement
     requirements) will be processed in the order in which they are received.

e.   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     in a job which is permanent, or indefinite, and for which the employer is in a position
           to meet the terms specified; or
     ii    for a stated term of at least twelve months with an option for the employee of further
           terms, and for which the employer is in a position to meet the terms specified.




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     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     for full-time employment (employment is full-time if it amounts to, on average, at
           least 30 hours per week); and
     ii    current at the time of assessing the application and at the time of the grant of the
           visa; and
     iii   genuine; and
     iv    for a position that is paid by salary or wages (ie, positions of self-employment,
           payment by commission and/or retainer are not acceptable); and
     v     accompanied by evidence of professional or technical registration if this is required by
           law to take up the offer; and
     vi    compliant with all relevant employment law in force in New Zealand.

           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.

b.   The gross minimum income requirement for the purposes of this category is $25,585.

c.   The salary or wages specified in the acceptable offer of employment (see S1.45.10) must
     be equal to or more than the gross minimum income requirement.

d.   However, if the principal applicant does not have a job offer or if their income does not
     meet (b) above, their partner's acceptable job offer may be taken into account when
     determining if the minimum income requirement is met. An immigration officer must be
     satisfied (at the time the application is assessed) that the principal applicant and partner
     have been living together for 12 months or more in a partnership that is genuine and
     stable - see R2.1.15.1(b) and R2.1.15.5(a)(i). The offers of employment must meet all the
     requirements in S1.45.10, except that only one has to meet the requirement that the offer
     be for full-time employment.




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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     read English; and
     ii    understand and respond to questions in English; and
     iii   maintain an English language conversation about themselves, their family or their
           background.
                                                                             Effective 29/11/2010

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;
     ii    have made an application for a resident visa under the Residual PAC Places
           Instructions before 28 November 2005 which was not decided as at 7 December 2008;
           and
     iii   have withdrawn that undecided application after 7 December 2008; and
     iv    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
     v     meet the minimum income requirement (see S1.50.15) if they have dependants; and
     vi    meet a minimum level of English language ability (see S1.50.20); and
     vii meet health and character requirements (see A4 and A5).

b.   Principal applicants who are citizens of Tonga must have been born in Tonga or born
     overseas to a Tongan citizen who was born in Tonga.

c.   Principal applicants who are citizens of Kiribati must have been born in Kiribati or born
     overseas to a Kiribati citizen who was born in Kiribati.

d.   Principal applicants who are citizens of Tuvalu must have been born in Tuvalu or born
     overseas to a Tuvaluan citizen who was born in Tuvalu.

e.   Principal applicants who are citizens of Fiji must have been born in Fiji or born overseas to
     a Fijian citizen who was born in Fiji.

f.   Partners and dependent children accepted under this category must meet health and
     character requirements (see A4 and A5).

g.   Applications will only be accepted on the Application for Special PAC Places Instructions
     form and should be sent to the designated receiving office in New Zealand.



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h.   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.

i.   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     in a job which is permanent, or indefinite, and for which the employer is in a position
           to meet the terms specified; or
     ii    for a stated term of at least twelve months with an option for the employee of further
           terms, and 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     for full-time employment (employment is full-time if it amounts to, on average, at
           least 30 hours per week); and
     ii    current at the time of assessing the application and at the time of the grant of the
           visa; and
     iii   genuine; and
     iv    for a position that is paid by salary or wages (ie, positions of self-employment,
           payment by commission and/or retainer are not acceptable); and
     v     accompanied by evidence of professional or technical registration if this is required by
           law to take up the offer; and
     vi    compliant with all relevant employment law in force in New Zealand.

           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.



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b.   The gross minimum income requirement for the purposes of this category is $25,585.

c.   The salary or wages specified in the acceptable offer of employment (see S1.50.10) must
     be equal to or more than the gross minimum income requirement.

d.   However, if the principal applicant does not have a job offer or if their income does not
     meet (b) above, their partner's acceptable job offer may be taken into account when
     determining if the minimum income requirement is met. An immigration officer must be
     satisfied (at the time the application is assessed) that the principal applicant and partner
     have been living together for 12 months or more in a partnership that is genuine and
     stable - see R2.1.15.1(b) and R2.1.15.5(a)(i). The offers of employment must meet all the
     requirements in S1.50.10, except that only one has to meet the requirement that the offer
     be for full-time employment.


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     read English; and
     ii    understand and respond to questions in English; and
     iii   maintain an English language conversation about themselves, their family or their
           background.
                                                                           Effective 29/11/2010




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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.

b.   If there are sufficient grounds to consider granting a residence class visa to a person not
     eligible for a visa (see A5.25), the processing officer may invite the applicant to request a
     special direction (RA7) authorising the grant of a residence class visa.

c.   An invitation may be made only in cases involving exceptional circumstances, usually of a
     humanitarian nature, where, but for sections 15 or 16 of the Immigration Act 2009, the
     person concerned is otherwise eligible for the grant of a residence class visa under
     residence instructions.

d.   Despite paragraph (b), if INZ receives a request without having made an invitation, it may
     consider that request.

e.   Neither the Minister of Immigration nor INZ is obliged to consider any request for a special
     direction.
                                                                               Effective 29/11/2010

S2.5 Procedure

a.   Applicants must make the request in writing and must include the reasons why they
     consider they should be granted a special direction.

     Note: The request is not in itself an application for a visa. If an application for a residence
     class visa has not been made and the request for a special direction is granted, a formal
     application must follow.

b.   Applicants overseas who request a special direction should make their request to the
     nearest branch of INZ or accredited MFAT post in their country of residence.

c.   Applicants within New Zealand should make requests to a branch of INZ.

d.   If the request is granted, applicants should be advised that a special direction will be made
     (and if necessary, a temporary visa granted under section 61 to allow the residence class
     visa application to be made) once they pay the fee for a special direction.

e.   Applications for a residence class visa may then be processed in the usual way, once the
     appropriate application fee for the visa has been paid.




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f.   If a request is refused, neither the Minister of Immigration nor INZ is obliged to give
     reasons for any decision other than the fact that under section 11(c) of the Immigration
     Act 2009 he or she is not obliged to give reasons for refusing to make a special direction;
     and section 23 of the Official Information Act 1982 (concerning access for reasons for
     decisions) and section 27 of the Immigration Act 2009 do not apply.
                                                                            Effective 29/11/2010

S2.10 Requests from prohibited people

Requests for special directions in relation to people prohibited under sections 15 or 16 of the
Immigration Act 2009 from being granted a residence class visa, are decided at various levels,
depending on their category under sections 15 or 16.


S2.10.1 Requests from prohibited people

a.   Unless the Minister of Immigration has previously declined a request for a special
     direction, the request should be referred to an officer with Schedule 1-2 delegations for a
     decision to approve or decline.

b.   If the Minister previously declined a special direction request, the request should be
     referred to the Resolutions Branch, which will then forward it to the Minister for decision.


S2.10.5 People prohibited under section 15(1)(c)(d)(e) or (f)

a.   The request should be referred to the Resolutions Branch along with supporting comment
     and a recommendation from the processing officer.

b.   The Resolutions Branch will then forward the request to the Minister of Immigration for
     decision.


S2.10.10 People prohibited under section 15(1)(a) or section 16

a.   An officer with Schedule 1-2 delegations may make a decision to decline the request.

b.   Possible approvals should be referred to the Resolutions Branch, along with supporting
     comment.

c.   The Resolutions Branch will then forward the request to the Minister of Immigration for
     decision.


S2.10.15 People prohibited under section 15(1)(b)

a.   An officer with Schedule 1-2 delegations may make a decision to decline or approve the
     request.

b.   Any approval of a request for a special direction authorising the grant of a residence class
     visa requires the person making the request to be otherwise eligible for the grant of
     residence class visa under residence instructions.
                                                                            Effective 29/11/2010




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S3 REFUGEE AND PROTECTION CATEGORY
S3.1 Objective

New Zealand's refugee and protection instructions:

a.   reflects the Government's commitment to fulfilling its international humanitarian
     obligations; and

b.   contributes to the global community's efforts to assist refugees and protected people.
                                                                          Effective 29/11/2010

S3.5 Categories of refugees and protected persons

See previous instructions S3.5 Effective 29/11/2010


a.   New Zealand provides assistance to two categories of refugee:

     i    Mandated refugees (people determined to be refugees by the United Nations High
          Commission for Refugees (UNHCR) before arrival in New Zealand); and
     ii   Convention refugees (people given refugee status by the New Zealand Government
          under the 1951 Convention Relating to the Status of Refugees and the 1967 Protocol
          Relating to the Status of Refugees (see C2.5)).

b.   The Government sets the number of places available for mandated refugees under the
     Refugee Quota (currently 750 persons per year).

c.   New Zealand also provides assistance to people recognised as a protected person in New
     Zealand in accordance with certain obligations under the 1984 Convention Against Torture
     and Other Cruel, Inhuman or Degrading Treatment or Punishment or the 1966
     International Covenant on Civil and Political Rights.
                                                                          Effective 26/03/2012

S3.10 Permanent resident visas for refugees and protected persons

See previous instructions S3.10 Effective 29/11/2010


a.   Mandated refugees who meet the requirements at S3.22 may be granted permanent
     resident visas.

b.   Immigration officers may, at their discretion, grant permanent resident visas to
     "Convention" refugees and protected persons (see C5.15.1).

c.   All refugee claimants who are recognised as having refugee status may apply for a
     permanent resident visa on the basis of that recognition.

d.   Protection claimants who are recognised as having protection status may apply for a
     permanent resident visa on the basis of that recognition, unless, in determining any
     refugee or protection claim they made, one or more of the following applied:

     i    they were excluded from being granted refugee status by Article 1F of the Refugee
          Convention;
     ii   they have had a refugee claim or subsequent refugee claim not accepted for
          consideration on the basis of sections 134(3) or 140(1)(b) of the Immigration Act
          2009;


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     iii   a refugee and protection officer has determined there are serious reasons for
           considering a protected person has committed an act as outlined in section 137(2) of
           the Immigration Act 2009.

e.   Protected persons to whom S3.10(d) applies will have their immigration status determined
     by the Minister of Immigration.

f.   Applicants eligible to apply for a permanent resident visa may include dependants in the
     application in accordance with residence instructions (see R2).
                                                                              Effective 26/03/2012

S3.15 Requirements for making an application for grant of a permanent
resident visa (refugee or protection status)

See previous instructions:
S3.15 Effective 26/03/2012
S3.15 Effective 29/11/2010


a.   Applications for a permanent resident visa that are based on the recognition of New
     Zealand refugee or protection status must be made in the prescribed manner (see R2.40).
     The application must include a copy of the letter confirming the grant of refugee or
     protection status.

b.   Applications may be made at any New Zealand branch of INZ.

c.   Appropriately delegated immigration officers may waive by special direction:

     i     the application fee for the principal applicant and any partner and/or dependent
           child(ren) recorded in the refugee or protection status application; and
     ii    the requirement to submit an overseas police clearance certificate from the country or
           countries in relation to which a well-founded fear or basis for conferring New Zealand’s
           protection has been established (see C2.5.1); and/or
     iii   any other mandatory requirement for lodgement except the requirement to complete
           and submit a Residence Application (INZ1000) form together with two passport
           photographs of, and a Limited Medical Certificate (INZ 1201) and a Chest X-ray
           Certificate (INZ 1096) for, each person included in the application.

d.   If a birth certificate for any person included in the application is unavailable, a statutory
     declaration confirming full name, date and place of birth and full names of both parents
     must be submitted.

e.   If documents relating to the custody of any child under the age of 16 included in the
     application are unavailable, a statutory declaration confirming the legal custody of children
     must be submitted.

f.   The principal applicant and partner included in the application, must supply evidence to
     show the nature and duration of their partnership, and that it is a genuine and stable
     partnership (see F2.20). A statutory declaration confirming the duration and nature of the
     partnership must be submitted if such evidence would be unduly difficult to obtain
     because:

     i     conditions in the relevant country are such that the country's governmental
           infrastructure is no longer functioning; and/or
     ii    there are circumstances beyond the control of the applicants which prevent them
           obtaining the required evidence.


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g.   If overseas police clearances are unavailable for any person aged 17 and older included in
     the application, a statutory declaration must be provided stating whether the applicant has
     been convicted, or found guilty of, or charged with, any offences against the law in the
     country or countries for which police clearance certificates are unavailable.

h.   INZ will apply for New Zealand Police clearance certificates for the principal applicant and
     any dependants aged 17 years and over included in the application who have been in New
     Zealand for more than 12 months at the date the application is made.
                                                                              Effective 30/07/2012

S3.17 Requirements for making an application for grant of a permanent
resident visa (mandated refugee)

a.   A person who has been recognised as a mandated refugee (see S3.5(a)(i)) by the United
     Nations High Commissioner for Refugees (UNHCR), and put forward for consideration to be
     resettled in New Zealand under the refugee quota residence programme, may apply for a
     permanent resident visa.

b.   Applications must be made in the prescribed manner (see R2.40), submitted at an
     interview with an immigration officer or delegated individual, and be processed and
     decided by the Refugee Quota Branch (RQB).

c.   RQB immigration officers may waive by special direction any mandatory requirement for
     lodgement including the application fee, except the requirement to complete and submit a
     Residence Application for Mandated Refugees form together with two passport
     photographs of each person included in the application.

d.   If an original or certified copy of a birth certificate or identity card for any person included
     in the application is unavailable, a statutory declaration confirming full name, date and
     place of birth and full names of both parents must be submitted.

e.   If documents relating to the custody of any child under the age of 16 included in the
     application are unavailable, a statutory declaration confirming the legal custody of children
     must be submitted and/or a UNHCR Best Interest Determination (BID). Where the child is
     an unaccompanied minor or separated child, a UNHCR BID must be submitted.

f.   The principal applicant and partner included in the application must supply evidence to
     show the nature and duration of their partnership, and that it is a genuine and stable
     partnership (see F2.20). A statutory declaration confirming the duration and nature of the
     partnership must be submitted if such evidence would be unduly difficult to obtain
     because:

     i    conditions in the relevant country are such that the country's governmental
          infrastructure is no longer functioning; and/or
     ii   there are circumstances beyond the control of the applicants which prevent them
          obtaining the required evidence.

g.   Applicants who have been selected to be part of the refugee quota programme are exempt
     from the requirement to have an acceptable standard of health (see A4.10).

h.   The principal applicant and any dependants, aged 17 and over, included in the application
     must provide a police clearance certificate, less than 6 months old at the time the
     application is decided for each country in which they have lived for 12 months or more
     during the past 10 years except where:




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     i     the certificate is required from the applicant’s home country, where they have a well-
           founded fear of approaching the authorities; or
     ii    the authorities of any such country do not generally provide police certificates; or
     iii   the immigration officer deems it unsafe for the applicant to approach the authorities of
           that country.

i.   If overseas police clearances are unavailable for any person aged 17 and older included in
     the application, a statutory declaration must be provided stating whether the applicant has
     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.
                                                                              Effective 26/03/2012

S3.20 Requirements for grant of a permanent resident visa (refugee or
protection status)

See previous instructions:
S3.20 Effective 26/03/2012
S3.20 Effective 29/11/2010


a.   To be granted a permanent resident visa, principal applicants must satisfy immigration
     officers that:

     i     refugee or protection status has been recognised; and
     ii    they have established their identity and that of any partner and/or dependent
           child(ren); and
     iii   the relationship between the principal applicant and any partner and/or dependent
           child(ren) included meets residence criteria (see R2.1.15 and R3); and
     iv    they meet the health and character requirements in A4 and A5, or are waived from
           these requirements by an appropriately delegated immigration officer, who has
           applied the instructions set out at A4.60 and A5.25.1, has waived them (see also
           C5.15.5); and
     v     they are not able to be deported from New Zealand because of the limitation on
           deportation arising from section 164 of the Immigration Act 2009 (see also C5.15.5)

b.   Refugees or protected persons who have held limited visas at any time are not eligible to
     apply for a permanent resident visa. They can only be granted a permanent resident visa
     under section 61 of the Immigration Act 2009 upon the expiry of their limited visa.
                                                                              Effective 30/07/2012

S3.22 Requirements for grant of a permanent resident visa (mandated
refugee)

To be granted a permanent resident visa, principal applicants must have met the requirements
for making an application (S3.17) and must satisfy an immigration officer that:

a.   their identity and that of anyone included in their application has been established;

b.   they are a United Nations High Commissioner for Refugees (UNHCR) mandated refugee
     and their refugee claim is credible;

c.   all applicants included in the application have been interviewed by an immigration officer
     or an appropriately delegated individual;



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d.   the relationship between the principal applicant and any partner and/or dependent
     child(ren) included meets residence criteria (see R2.1.15 and R3);

e.   the applicant(s) meet the character requirements at A5, or are waived from these
     requirements by an appropriately delegated immigration officer; and

f.   there are no significant barriers to the applicants’ ability to settle into New Zealand.


S3.22.1 Status of applicants granted a permanent resident visa under the mandated
refugee category

All applicants granted a permanent resident visa under this category are to be treated as
principal applicants for the purpose of any future requests to sponsor family members under
any applicable categories.
                                                                             Effective 26/03/2012

S3.25 Temporary entry class visas

a.   Applicants for residence class visas who have current temporary entry class visas should
     ensure that their visas remain current while the application for a residence class visa is
     being processed (see E8.10).

b.   Immigration officers may grant further temporary entry class visas to all persons included
     in the residence class visa application for the time needed to complete processing of the
     application.

c.   If the temporary entry class visa of the principal applicant or any dependant included in
     the application has expired, then it may be appropriate to consider granting a visa under
     section 61 of the Immigration Act 2009 (see E8.1).
                                                                             Effective 29/11/2010

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.
                                                                             Effective 29/11/2010

S3.35 Entry of overseas dependants of approved refugee or protection status
claimants

a.   Once residence has been approved in principle for people included in the refugee or
     protected person’s application, permanent resident visas may be granted to them.




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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.
                                                                             Effective 29/11/2010

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.
                                                                             Effective 04/04/2011




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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
     ii   cannot return home because of the impacts of stigma, or because they would have no
          means of independent financial support from employment or other means; and

b.   recognise New Zealand's international obligations, particularly to:

     i    end discrimination against women in all matters related to marriage and family
          relations (Article 16 of the Convention on the Elimination of All Forms of
          Discrimination Against Women); and
     ii   protect children from mental and physical violence (Article 19 of the United Nations
          Convention on the Rights of the Child);

S4.5.2 Who is eligible for a resident visa for victims of domestic violence

People in New Zealand who:

a.   are, or have been, in a partnership (see F2.5b) with a New Zealand citizen or residence
     class visa holder; and

b.   had intended to seek a residence class visa in New Zealand on the basis of that
     relationship; and

c.   that partnership has ended due to domestic violence by the New Zealand citizen or
     residence class visa holder or by someone with whom the applicant is living with in a
     domestic relationship; and

d.   are unable to return to their home country because:

     i    would have no means of independent financial support from employment or other
          means, and have no ability to gain financial support from other sources; or
     ii   would be at risk of abuse or exclusion from their community because of stigma; and

e.   meet health and character requirements (see A4 and A5);

may be granted a resident visa.

Note: For the purpose of these instructions, 'domestic relationship' has the meaning set out in
s4 of the Domestic Violence Act 1995.




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S4.5.5 Evidence of domestic violence

Evidence of domestic violence means:

a.   a final Protection Order against the New Zealand citizen or resident partner, or someone
     with whom the applicant is living in a domestic relationship, under the Domestic Violence
     Act 1995; or

b.   a relevant New Zealand conviction of the New Zealand citizen or residence class visa
     holder partner, or someone with whom the applicant is living in a domestic relationship, of
     a domestic violence offence against the principal applicant or a dependent child of the
     principal applicant; or

c.   a complaint of domestic violence against the principal applicant or a dependent child
     investigated by the New Zealand Police where the New Zealand Police are satisfied that
     domestic violence has occurred; or

d.   a statutory declaration from the applicant stating that domestic violence has occurred and
     two statutory declarations completed by persons competent to make statutory
     declarations that domestic violence has occurred (see S4.5.6 below).

Note: For the purpose of these instructions, 'domestic violence' has the meaning set out in s.3
of the Domestic Violence Act 1995.


S4.5.6 Persons competent to make a statutory declaration that domestic violence has
occurred

a.   Statutory declarations from the following persons stating that they are satisfied that
     domestic violence has occurred are acceptable as evidence of domestic violence:

     i     social workers who are:
            registered with the Social Workers Registration Board; or
            full members of the Aotearoa New Zealand Association of Social Workers; or
            employed under the State Sector Act 1988;
     ii    doctors registered with the New Zealand Medical Council;
     iii   nurses registered with the Nursing Council of New Zealand;
     iv    psychologists registered with the New Zealand Psychologists Board;
     v     counsellors who are members of the New Zealand Association of Counsellors; and
     vi    experienced staff members of Child Youth and Family approved women's refuges who
           have been nominated by:
            the National Collective of Independent Women's Refuges
            Shakti Community Council.
b.   In order to meet the requirements of S4.5.6 d above, an applicant must supply a statutory
     declaration from people acting in their professional capacity from two of the groups listed
     above. The two people must be unrelated professionally (for example, they cannot be a
     doctor and a nurse from the same practice).

c.   Immigration officers may verify that statutory declarations provided as evidence of
     domestic violence have been made by the appropriate person by contacting the
     professional bodies listed above.




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S4.5.10 Evidence that the principal applicant has been in a partnership with a New
Zealand citizen or residence class visa holder

Evidence that the principal applicant has been in a partnership with a New Zealand citizen or
residence class visa holder may include, but is not limited to, original or certified copies of:

•    an original or certified copy of a marriage certificate
•    correspondence (including postmarked envelopes) addressed to both principal applicant*
     and the New Zealand citizen or residence class visa holder;
•    evidence of communication between the couple;
•    photographs of the couple together;
•    documents indicating public recognition of the relationship;
•    evidence of any specific arrangements and/or engagement ceremonies which have been
     carried out;
•    communication between the parents of the couple and/or a person acting as a go-between
     or matchmaker;
•    other documents indicating public recognition of the arrangement and/or engagement
     ceremony;
•    confirmation from independent sources that such arrangements and/or engagement
     ceremonies are in accordance with the cultural custom of the parties concerned;
•    a joint mortgage, tenancy agreement or rent book;
•    birth certificates of their children;
•    proof of joint assets;
•    proof of shared income; and
•    proof of shared bank accounts.

S4.5.12 Evidence of living in a domestic relationship with the perpetrator of domestic
violence

Evidence that the principal applicant has been living in a domestic relationship with the
perpetrator of domestic violence includes:

a.   confirmation from the New Zealand Police that they are satisfied the domestic violence
     was perpetrated by someone living at the same address;

b.   a statutory declaration by the applicant that the perpetrator of domestic violence lived at
     the same address as the applicant and was a member of applicant's partner's family;

c.   a statutory declaration by one of the professionals listed at S4.5.2 stating that the person
     lived at the same address as the applicant;

d.   any other documentary evidence that the person lived at the same address as the
     applicant.

Note: For the purpose of these instructions, 'domestic relationship' has the meaning set out in
s.4 of the Domestic Violence Act 1995.


S4.5.15 Evidence of inability to return to the home country

a.   Principal applicants must provide evidence, in the form of documents and/or information
     provided at an interview with an immigration officer, that if they returned to their home
     country they:


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     i     would have no means of independent financial support from employment or other
           means, and have no ability to gain financial support from other sources; or
     ii    would be at risk of abuse or exclusion from their community because of stigma.

b.   INZ may refer to any relevant information when determining the ability to return to their
     home country.


S4.5.20 Making an application

a.   Applications must be made in the prescribed manner (see R2.40); but an appropriately
     delegated immigration officer may waive:

     i     the application fee; and
     ii    police certificates, if these are not available from a particular country.

b.   Where police certificates are not available, the applicant must make and provide a
     separate statutory declaration in both English and their own language. The statutory
     declaration must:

     i     detail the applicant's attempts to obtain a police certificate; and
     ii    state whether the applicant and any accompanying family members have been
           convicted; or found guilty of, or charged with offences against the law of that country,
           or have not been charged with any offences against the law of that country; and
     iii   be corroborated by other information confirming the applicant's character.

S4.5.25 Determination of applications

a.   Applications will be determined by immigration officers who have received specialist
     training on this category.

b.   Applications under this category will be given priority processing.
                                                                                 Effective 07/11/2011

S4.10 Refugee Family Support Category

See previous instructions:
S4.10 Effective 26/03/2012
S4.10 Effective 29/11/2010


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 (RFSC) is to facilitate the successful
resettlement of refugees and protected people resident in New Zealand by providing them with
an opportunity to sponsor family members who do not qualify for residence under any other
category of residence instructions.

Note: The RFSC replaces the Refugee Family Quota.




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S4.10.5 Number of places available under RFSC

a.   The number of places available for sponsored persons under RFSC (including any family
     members included in their registration) is set at 300 per year.

b.   For the purposes of these instructions, a year consists of the 12-month period from 1 July
     to 30 June.

S4.10.10 How do people qualify for residence under RFSC?

a.   A principal applicant and their partner and dependent children qualify for residence under
     RFSC if their sponsor’s registration is selected from the RFSC queues under tier one (see
     S4.10.30) or tier two (see S4.10.40) and:

     i     they are not eligible for a residence class visa in New Zealand under any other
           category of Government residence instructions; and
     ii    they meet health and character requirements (see A4 and A5); and
     iii   their application is made within 12 months of Immigration New Zealand's (INZ) advice
           to their sponsor that the sponsor's registration has been selected from the RFSC tier
           one or tier two queue.

b.   In each case their sponsor must meet 'eligible sponsor' requirements set out at S4.10.15;
     and

     i     the requirements for tier one sponsors (see S4.10.20(e)); or
     ii    the requirements for tier two sponsors (see S4.10.20(g)).

S4.10.15 Eligible sponsors under RFSC

a.   For the purpose of RFSC, an 'eligible sponsor' is a New Zealand citizen or resident who:

     i     was granted a residence class visa in New Zealand on the basis of their status as a
           refugee or protected person; and
     ii    has not sponsored any other principal applicant who has obtained a resident visa in
           New Zealand under RFSC (or Refugee Family Quota); and
     iii   is in New Zealand; and
     iv    is aged 18 years or over.

b.   Sponsors aged 18 to 24 must be able to satisfy an immigration officer that they are able to
     meet the undertakings given in the sponsorship form.


S4.10.20 Two tier registration system for sponsors

a.   Registrations from tier one sponsors (see (e) below) will be given first access to available
     places under RFSC by entry into the tier one queue.

b.   Registrations will be selected from the tier one queue in order of their entry to that queue
     until the annual number of places available under RFSC is met.

c.   If the places available annually under RFSC are not filled by people included in tier one
     registrations selected from the queue, registrations required to fill the remaining places
     will be selected from the tier two queue.

d.   If the places available annually under RFSC are not filled by people included in tier one
     registrations and the registrations in the tier two queue are insufficient to fill the remaining

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     quota of places, INZ will call for tier two sponsors to submit registrations (see S4.10.20(g)
     and S4.10.35 below).

e.   A tier one sponsor is an 'eligible sponsor' who:

     i     is a New Zealand citizen or the holder of a current residence class visa; and
     ii    wants to sponsor their parent, grandparent, grandchild, uncle, aunt, nephew, niece,
           adult sibling or adult child, and that person's partner and/or dependent children for a
           resident visa under RFSC; and
     iii   has no other 'family member' who is eligible for residence in New Zealand under any
           other category of residence instructions; and either
     iv    has no 'immediate family' living lawfully and permanently in New Zealand; or
     v     is the 'sole carer' (see S4.10.55.15) of a dependent relative or dependent relatives in
           New Zealand and the sponsor has no other ‘immediate family’ living lawfully and
           permanently in New Zealand apart from the dependent relative who is under care.

f.   For the purpose of S4.10.20(e)(v), the ‘dependent relative’ who requires on-going care
     must have no ‘immediate family’ in New Zealand other than the sponsor.

g.   A tier two sponsor is an 'eligible sponsor' who:

     i     has 'immediate family' in New Zealand; and
     ii    wants to sponsor their parent, adult sibling, adult child, or grandparent (if that
           grandparent is the sponsor's legal guardian, see S4.10.55.20), and that person's
           partner and dependent children for residence under RFSC; and
     iii   has no other 'family member' who is eligible for residence in New Zealand under any
           other category of residence instructions; and
     iv    is a New Zealand citizen or the holder of a current residence class visa; and
     v     has been a New Zealand citizen and/or the holder of a residence class visa for at least
           three years immediately preceding the date the Registration Form for RFSC sponsor is
           lodged; and
     vi    in each of the three 12-month portions within that three-year period, has spent a total
           of 184 days or more in New Zealand.

h.   For the purposes of S4.10.20(e), (f), and (g), to be an eligible sponsor under tier one or
     two of RFSC, a sponsor must meet the particular requirements that were in force at the
     time their registration was selected from the queue.

     Note: For the purposes of these instructions 'immediate family' means a sponsor's partner,
     parent, or child (excluding any dependent child in terms of R2.1.30). For the purposes of
     these instructions, 'family member' means a sponsor's partner, parent, child, grandparent,
     grandchild, uncle, aunt, nephew, niece or adult sibling.

S4.10.25 Registration process for tier one sponsors

a.   Eligible sponsors who meet the requirements for tier one sponsors set out at S4.10.20(e)
     above may register with INZ to sponsor their parent, grandparent, grandchild, uncle, aunt,
     nephew, niece, adult sibling or adult child, and that person's partner and/or dependent
     children for residence under the RFSC tier one queue.

b.   Registrations must be made on the registration form for the appropriate RFSC tier.



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c.   Registrations must be submitted by mail to the address specified on the applicable
     registration form.

d.   A fee is payable for registration.

e.   Subject to the provisions of S4.10.50, registrations from sponsors who meet the tier one
     sponsorship requirements set out at S4.10.20(e) above may be entered into the RFSC tier
     one queue if the form is fully completed, signed by the sponsor, and accompanied by any
     documents or evidence as required by the registration form.

S4.10.30 Selection process for tier one sponsors

a.   Registrations will be selected from the tier one queue in chronological order from the date
     that the registration was entered into the tier one queue until the appropriate number of
     potential applicants to meet the number of available places within the annual period has
     been met.

b.   If the number of potential applicants included in registrations in the tier one queue
     exceeds the number of available places within the annual period, INZ will delay the
     selection of further registrations until places become available in the next annual period.

c.   Tier one sponsors with registrations entered into the tier one queue must notify INZ of any
     change in their circumstances.

d.   Sponsors whose registrations have been selected from the tier one queue and appear to
     meet the relevant registration requirements will be notified by INZ that their registration
     has been successful. Sponsors must advise the potential applicants whom they are
     sponsoring to lodge a full application under RFSC to the appropriate receiving office of
     INZ. Such applications must be made within 12 months after the date of the INZ
     notification to the sponsor. Any applications received outside that time limit will not be
     accepted.


S4.10.35 Registration process for tier two sponsors

a.   Eligible sponsors who meet the requirements for tier two sponsors set out at S4.10.20(g)
     above may register with INZ within a set registration period to sponsor their parent, adult
     sibling or adult child, or grandparent (if that grandparent is the sponsor's legal guardian,
     see S4.10.55.20), and that person's partner and dependent children for residence under
     RFSC tier two queue.

b.   INZ will announce that tier two will open for registration prior to its opening, if and when
     places are available for tier two potential applicants (places will be available if the number
     of potential applicants included in registrations in the tier one queue is less than the
     number of available places within the annual period). Registrations will then open for a set
     period as determined by INZ.

c.   Registrations must be made on the appropriate registration form for the tier under which
     the registration is made.

d.   Registrations must be submitted during the registration period by mail to the address
     specified on the appropriate Registration Form for RFSC

e.   A fee is payable for registration.

f.   Subject to the provisions of S4.10.50, registrations that are received by INZ before the
     end of the registration period from sponsors who meet the tier two sponsorship


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     requirements set out at S4.10.20(g) above may be entered into RFSC tier two queue, if
     the form is fully completed, signed by the sponsor, and accompanied by any documents or
     evidence as required by the registration form.


S4.10.40 Selection process for tier two sponsors

a.   Registrations will be selected from the tier two queue in chronological order from the date
     the registration was entered into the queue, until the appropriate number of potential
     applicants to meet the number of available places in the annual period has been met.

b.   If the number of potential applicants included in registrations in the tier one queue
     exceeds the number of available places within the annual period, INZ will delay the
     selection of further registrations from tier two until places become available.

c.   Sponsors with registrations entered into the tier two queue must notify INZ of any change
     in their circumstances.

d.   Sponsors whose registrations have been selected from the tier two queue and appear to
     meet the relevant requirements will be notified by INZ that their registration has been
     successful. Sponsors must advise the potential applicants whom they are sponsoring to
     lodge a full application under RFSC the appropriate receiving office of INZ. Such
     applications must be made within 12 months after the date of the INZ notification to the
     sponsor. Any applications received outside that time limit will not be accepted.


S4.10.45 Inclusion in registration of immediate family members of the sponsored
principal applicant

a.   Where the sponsored person has a partner and/or dependent children, all of those people
     must be included in the registration made by the sponsor.

b.   Despite R2.1 concerning the inclusion of family members in an application, an application
     under RFSC can only include the partner and/or dependent children included in the
     preceding sponsor registration.

c.   Any partner and/or dependent children who were eligible for inclusion in the registration
     but were not included must not subsequently be granted a residence class visa under the
     Partnership or Dependent Child categories.

d.   Despite (b) and (c) above, a partner or dependent child who was included in the
     registration but not in the resulting application for a resident visa may be granted a
     residence class visa as a principal applicant under the Partnership or Dependent Child
     categories.

e.   Notwithstanding (b) above, in the event an applicant includes any partner and/or
     dependent child in their application who was not included in their registration, officers
     should allow the principal applicant an opportunity to explain the non-declaration in
     accordance with R5.15 before applying the limitation referred to in (b).

f.   Where a person is not eligible to be included at the time of registration but is eligible at
     the time of the application for a resident visa (e.g. in the case of a newborn child), they
     may be included in the resident visa application provided R2.1 is met.




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S4.10.50 Number of registrations that may be submitted

a.   Sponsors must have only one registration in the tier one or two queues at any time. Each
     registration must be in respect of one potential principal applicant and that person's
     partner and/or dependent children. If a single sponsor lodges more than one registration,
     the second and subsequent registrations will not be accepted.

b.   A registration under RFSC will not be accepted if:

     i    any of the potential applicants included in that registration have a current application
          for a residence class visa lodged with INZ under any other category of residence
          instructions; or
     ii   any of the potential applicants included in that registration are eligible for a residence
          class visa in New Zealand under any other category of residence instructions (see
          S4.10.10(a)(i)).

c.   A registration under RFSC will not be accepted if, at the time the registration is lodged,
     any of the potential applicants included in the registration are unlawfully in New Zealand
     or subject to section 150 of the Immigration Act 2009 (concerning refugee or protection
     status claimants).

     Notes:
     ~ Potential applicants in New Zealand should also be aware that they must be lawfully in
     New Zealand and not subject to section 150 of the Immigration Act 2009 in order to lodge
     an application under RFSC.
     ~ Where a registration is not accepted for any of the reasons set out in this provision, the
     registration fee will be returned to the sponsor.

S4.10.55 Definitions

S4.10.55.1 Definition of 'refugee'

For the purpose of RFSC, 'refugee' means a person who was granted a residence class visa in
New Zealand under residence instructions by virtue of being either:

a.   a mandated or quota refugee (people determined to be refugees by the United Nations
     High Commissioner for Refugees (UNHCR)) before arrival in New Zealand; or

b.   a Convention refugee (people recognised as refugees by the New Zealand Government
     under the 1951 Convention Relating to the Status of Refugees and the 1967 Protocol
     Relating to the Status of Refugees (see C2.5 and C5.15)).

S4.10.55.5 Definition of ‘protected person’

For the purpose of RFSC, ‘protected person’ means a person who was granted a residence
class visa in New Zealand under residence instructions by virtue of being recognised as having
protection status in accordance with New Zealand’s obligations under the:

a.   1984 Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or
     Punishment; or

b.   1966 International Covenant on Civil and Political Rights.

S4.10.55.10 Definition of 'adult child'




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In the context of a resident visa application under RFSC, 'adult child' means a child of 18 or
older, unless they are dependent (see R2.1.30).

S4.10.55.15 Definition of 'sole carer' for tier one sponsorship purposes

a.   For tier one sponsorship purposes, a sponsor will be considered to be the sole carer of a
     dependent relative or relatives in New Zealand if they have the primary responsibility for
     the day-to-day care of a dependent relative or relatives in New Zealand, on an ongoing
     basis.

     Note: A dependent relative can be a sponsor's partner, parent, child, grandparent,
     grandchild, uncle, aunt, nephew, niece or adult sibling.

b.   Evidence that a sponsor is the sole carer includes but is not limited to:

     i     evidence of Accident Compensation Corporation (ACC) payments made to the sponsor
           (where the sponsor is considered by ACC to be a provider of home help to a sick or
           injured relative or relatives); and/or
     ii    evidence from a District Health Board, General Practitioner or other Health agency
           which specifies the sponsor as a carer of a dependent relative or relatives; and/or
     iii   evidence from Work and Income that the dependent relative or relatives are on an
           invalid's benefit; and/or
     iv    evidence that the dependent relative or relatives are totally or substantially reliant on
           the sponsor for financial support whether living with them or not (where the
           dependent relative(s) are 17 or younger).

S4.10.55.20 Definition of 'grandparent' as a legal guardian for tier two sponsorship purposes

For tier two sponsorship purposes, a sponsor's grandparent will be considered as the sponsor's
legal guardian if:

a.   both the sponsor's parents died before the sponsor attained the age of 20 years; and

b.   the grandparent had custody of the sponsor and the right to control the sponsor's
     upbringing, before the sponsor attained the age of 20 years.


S4.10.60 Evidence

The items listed in S4.10.60.1 to S4.10.60.15 below are examples of relevant evidence. Other
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 RFSC registration form submitted by the sponsor that the
     details they have provided of the person(s) being sponsored is true and correct as being
     sufficient evidence of identity.

b.   Other evidence of identity may also be sought by INZ during the registration process.

S4.10.60.5 Evidence of immigration status of sponsors




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a.   When lodging a registration under RFSC, sponsors must provide evidence of their
     immigration status as follows:

b.   Evidence that sponsors are New Zealand citizens may include but is not limited to original
     or certified copies of:

     i     a valid New Zealand passport; or
     ii    a Certificate of New Zealand Citizenship; or
     iii   a recent official statement of citizenship from the Department of Internal Affairs.

c.   Evidence that sponsors are New Zealand residence class visa holders may include but is
     not limited to original or certified copies of a current New Zealand residence class visa, or
     evidence they are considered to hold a residence class visa in their passport or travel
     document.

S4.10.60.10 Evidence of time spent in New Zealand as a citizen and/or holder of a residence class visa

a.   When determining the amount of time spent in New Zealand, INZ may refer to INZ records
     of sponsors' entry to and exit from New Zealand.

b.   Other evidence of time spent in New Zealand may also be provided by a sponsor or sought
     by INZ.

c.   When lodging a registration under RFSC tier two queue, sponsors may be required to
     provide current and previous passports as evidence of time spent in New Zealand as a
     citizen and/or holder of a residence class visa.

     Note: Periods during which a person is in New Zealand are calculated inclusive of both
     arrival and departure dates.

S4.10.60.15 Evidence of relationship to sponsor

a.   When lodging their application for a resident visa under RFSC, principal applicants must
     provide all available evidence of their relationship to their sponsor.

b.   Evidence of parent's, grandparent's, grandchildren's, nephews', nieces', aunts', uncles',
     siblings' or adult children's, relationship to their sponsor includes but is not limited to
     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
     •     other evidence establishing the relationship of the sponsor to the principal applicant.
c.   If satisfied that evidence necessary to establish an applicant's relationship to their sponsor
     is not available or would be unduly difficult to obtain, immigration officers may:

     i     specify another type of evidence to be submitted, such as a statutory declaration;
           and/or


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     ii    interview the principal applicant, those included in the application, or other parties
           involved in the application to verify identity and/or the relationship claimed by the
           applicant(s); and/or
     iii   have the requirements waived by an appropriately delegated immigration officer if,
           due to the circumstances of the applicant(s), this is considered appropriate.

S4.10.65 Verification of family details

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.   A sponsor must undertake to ensure that adequate accommodation for their relatives is
     available upon arrival in New Zealand and continues to be available during the first 24
     months of their relatives’ residence in New Zealand.

b.   An immigration officer must be satisfied that the sponsor will be able to fulfil their
     undertakings provided under (a). A sponsor may demonstrate this by providing a
     completed Questionnaire for Refugee Family Support Category sponsor undertakings,
     outlining a credible accommodation plan.

c.   The application may be declined if an immigration officer is not satisfied a sponsor has the
     ability to meet their undertaking obligations set out at S4.10.70(a) above.
                                                                               Effective 30/07/2012

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

b.   recognise New Zealand's international obligations, particularly to:

     i     offer protection and assistance to victims of people trafficking who are likely to be
           suffering the effects of trauma and abuse; and
     ii    enable trafficking offenders to be prosecuted.

S4.15.5 Who is eligible for a resident visa for victims of people trafficking

a.   Applicants in New Zealand may be granted a resident visa, if they:

     i     hold a special temporary visa for victims of people trafficking (see WI16, U10.5 and
           V3.135); and
     ii    have certification from the New Zealand Police (the Police) that they are believed to be
           a victim of people trafficking; and
     iii   have certification from the Police that they have not obstructed the police investigation
           of their trafficking case during the validity of their special temporary visa; and

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     iv    are unable to return to their home country (see S4.15.10 below); and
     v     meet health and character requirements (see A4 and A5).

b.   Despite (a) above, child applicants are exempt from providing a certification from the
     Police that they have not obstructed the police investigation.

Note:
- A child victim of people trafficking is a person who was under the age of 18 at the time they
were identified as a victim of people trafficking.
- A child victim may be in New Zealand unaccompanied, or may be a victim of people
trafficking together with their parent(s).


S4.15.10 Evidence of inability to return to the home country

a.   Applicants must provide evidence, in the form of documents or information provided at an
     interview with an immigration officer, that if they returned to their home country they
     would be:

     i     endangered; or
     ii    at risk of being re-victimised; or
     iii   at risk of suffering significant social stigma and financial hardship
     as a consequence of being trafficked.

b.   INZ may refer to any relevant information when determining an applicant’s ability to
     return to their home country.


S4.15.15 Making an application

a.   Applications must be made in the prescribed manner (see R2.40) but an appropriately
     delegated immigration officer may waive:

     i     the application fee; and
     ii    the requirement to provide police certificates, if these are not available from a
           particular country.

b.   Where police certificates are not available, the applicant must make and provide a
     separate statutory declaration, in line with instructions at A5.10.1.

S4.15.20 Determination of applications

a.   Applications will be determined by immigration officers who have received specialist
     training on this category.

b.   Applications under this category will be given priority processing.




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c.   Determination of an application by a child applicant should be based on ‘best interest of
     the child’ considerations. Establishing the ‘best interest of the child’ will be done on a case-
     by-case basis, with advice from Child Youth and Family.
                                                                             Effective 25/07/2011

S4.20 Refugee Quota Family Reunification Category

S4.20.1 Objective

The objective of the Refugee Quota Family Reunification Category, which is part of the Refugee
Quota residence programme, is to:

a.   enable New Zealand to meet its international and humanitarian obligations;

b.   maintain the principle of family unity; and

c.   facilitate the successful resettlement of mandated refugees resident in New Zealand by
     providing them with an opportunity to sponsor immediate family members.

Note: The places available under this category are incorporated into the quota places available
for the family reunification subcategory of the United Nations High Commissioner for Refugees
(UNHCR) mandated refugee residence category; however applicants do not themselves have to
be mandated refugees.


S4.20.5 Who is eligible for residence under the Refugee Quota Family Reunification
Category?

a.   An applicant may qualify for residence under the Refugee Quota Family Reunification
     Category if:

     i     they have an acceptable sponsor (see S4.20.10);
     ii    they were declared as an immediate family member (see S4.20.15) in the sponsor’s
           original Residence Application for Mandated Refugees form, and they can provide
           satisfactory evidence of the relationship;
     iii   they meet the character requirements at A5;
     iv    they have satisfied an immigration officer that:
            the circumstances and reasons for the separation from, and re-establishment of
             contact with, their sponsor are plausible and credible; and
            reunification will have a positive settlement effect on the sponsor; and
            they have the potential for successful settlement.
b.   Applicants are exempt from the requirement to have an acceptable standard of health (see
     A4.10).

c.   If the applicant is a dependent child aged 18-24, evidence must be submitted to show
     dependence on the sponsor (see R2.1.30).


S4.20.10 Who is an acceptable sponsor under the Refugee Quota Family
Reunification Category?

a.   An acceptable sponsor is a New Zealand citizen or resident who:

     i     was granted a residence class visa as a mandated refugee (see S3.22); and



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     ii    is living in New Zealand; and
     iii   is an immediate family member of the sponsor (see S4.20.15); and
     iv    has attended an interview with a Refugee Quota Branch immigration officer and been
           deemed to be an acceptable sponsor.

     Note: A person granted permanent resident visa under this category is not able to be a
     sponsor under this category as they are not a mandated refugee.

b.   If the sponsor is a child aged 18 and under sponsoring a parent, the immigration officer
     must be satisfied that it is in the best interests of the child to grant a permanent residence
     visa to the parent(s).

c.   The immigration officer must be satisfied that the relationship between the sponsor and
     the applicant is credible and genuine. If the sponsor did not declare the applicant in their
     own residence application then R5.15 must be followed.

S4.20.10.1 Undertakings and responsibilities of sponsors

A sponsor under this category is exempt from meeting the sponsorship undertakings
requirement at R4.10.

S4.20.15 Who is an immediate family member under the Refugee Quota Family
Reunification Category?

For the purposes of the Refugee Quota Family Reunification Category, an immediate family
member is defined as a partner, dependent child(ren), and parents where the sponsor is a
dependent child.

S4.20.20 Requirements for making an application for the grant of a permanent
resident visa

a.   Applications for a permanent resident visa under the Refugee Quota Family Reunification
     Category must be made in the prescribed manner (see R2.40).

b.   Applications can only be made to the Refugee Quota Branch, and only after the applicant’s
     sponsor has been deemed acceptable (see S4.20.10).

c.   Appropriately delegated immigration officers may waive by special direction:

     i     the application fee for the applicant(s);
     ii    the requirement to submit an overseas police clearance certificate from any country
           where the sponsor has a well-founded fear of persecution; and
     iii   any other mandatory requirement for lodgement except the requirement to complete
           and submit a residence application form together with two passport photographs of,
           and medical and X-ray certificates for, each person included in the application.

d.   If a birth certificate for any person included in the application is unavailable, a statutory
     declaration confirming the full name, date and place of birth and full names of both
     parents must be submitted.

e.   If documents relating to the custody of any child aged 16 and under included in the
     application are unavailable, a statutory declaration confirming the legal custody of the
     child must be submitted.



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f.   The principal applicant and partner included in the application must supply evidence to
     show the nature and duration of their partnership, and that it is a genuine and stable
     partnership (see F2.20). A statutory declaration confirming the duration and nature of the
     partnership must be submitted if such evidence would be unduly difficult to obtain
     because:

     i    conditions in the relevant country are such that the country's governmental
          infrastructure is no longer functioning; and/or
     ii   there are circumstances beyond the control of the applicants which prevent them
          obtaining the required evidence.

g.   If overseas police clearances are unavailable for any person aged 17 and older included in
     the application, a statutory declaration must be provided stating whether the applicant has
     been convicted, or found guilty of, or charged with, any offences against the law in the
     country or countries for which police clearance certificates are unavailable.
                                                                          Effective 26/03/2012




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