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					Residence
  Issue Date: 24 July 2006
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Contents

Residence

     Generic Residence ..........................................................................................................................................
               RA Who may apply for a residence visa or permit..............................................................................
                          RA1 Who does not need to apply for a residence visa or permit ....................................... 1-1
                          RA5 Who needs a residence visa or permit........................................................................ 2-1
                          RA10 Who is considered to hold a residence permit ......................................................... 3-1
                          RA15 Who must apply for a residence visa ....................................................................... 4-1
                          RA20 Who may apply for a residence permit .................................................................... 5-1
                          RA25 Who may not apply for a residence permit .............................................................. 6-1
                          RA30 Who is not eligible for a residence permit ............................................................... 7-1
                          RA35 Special directions..................................................................................................... 8-1
                          RA40 Residence permits with requirements ...................................................................... 9-1
               R Government Residence Policy.........................................................................................................
                          R1 Objective..................................................................................................................... 10-1
                          R2 Lodging an application ............................................................................................... 11-1
                          R3 Adoptions ................................................................................................................... 12-1
                          R4 Health and character requirements ............................................................................. 13-1
                          R5 Determining an application......................................................................................... 14-1
                          R6 New Zealand Immigration Programme ...................................................................... 15-1
                          R7 Confirming a residence permit ................................................................................... 16-1
                          R8 Other applications....................................................................................................... 17-1
                          R9 Special cases ............................................................................................................... 18-1

     Business ..........................................................................................................................................................
               BA Business Immigration Policy ........................................................................................................
                          BA1 Objective.................................................................................................................. 19-1
                          BA2 Categories ................................................................................................................ 20-1
                          BA3 Streamlining............................................................................................................. 21-1
               BB Investor Category (Residence)(to 13/06/2005) ..................................................................... 22-1

               BC Long Term Business Visa/Permit Category ..................................................................................
                          BC1 Objective.................................................................................................................. 23-1
                          BC2 Special category of work visa/permit....................................................................... 24-1
                          BC3 Summary of requirements ........................................................................................ 25-1
                          BC4 Business plan ........................................................................................................... 26-1
                          BC5 Principal applicant's* genuine interest in establishing a business in New Zealand . 27-1
                          BC6 Funds for maintenance and accommodation ............................................................ 28-1
                          BC7 Evidence of meeting English language requirements .............................................. 29-1
                          BC8 Business immigration specialist's discretion ............................................................ 30-1
                          BC9 Validity of work visas and permits and.................................................................... 31-1
                          BC10 Changing a business proposal ................................................................................ 32-1
               BD Entrepreneur Category (Residence) ..............................................................................................
                          BD1 Objective.................................................................................................................. 33-1
                          BD2 Summary of requirements........................................................................................ 34-1
                          BD3 Successful establishment of a business in New Zealand.......................................... 35-1
ii     Contents


               BE Employees of Relocating Businesses Category (Residence).........................................................
                         BE1 Objective .................................................................................................................. 36-1
                         BE2 Summary of requirements ........................................................................................ 37-1
                         BE3 Evidential requirements............................................................................................ 38-1
                         BE4 Process ..................................................................................................................... 39-1
                         BE5 General rules for approval in principle and.............................................................. 40-1
                         BE6 Residence visas/permits ........................................................................................... 41-1
                         BE7 After the two-year employment period has expired ................................................. 42-1
               BF English language requirements......................................................................................................
                         BF1 Principal applicants* ................................................................................................ 43-1
                         BF2 Minimum standards of English................................................................................. 44-1
                         BF3 Pre-purchase of ESOL tuition .................................................................................. 45-1
                         BF4 Transitional provisions for Entrepreneur applicants who......................................... 46-1
               BG Migrant levy.......................................................................................................................... 47-1

               BH Entrepreneur Category (post 20/11/2002).....................................................................................
                         BH1 Objective.................................................................................................................. 48-1
                         BH2 Summary of requirements........................................................................................ 49-1
                         BH3 Relationship to Long Term Business Visa/Permit category .................................... 50-1
                         BH4 Successful establishment of a business in New Zealand.......................................... 51-1
                         BH5 Evidential requirements for entrepreneurs............................................................... 52-1
                         BH6 Verification .............................................................................................................. 53-1
                         BH7 Approval in Principle............................................................................................... 54-1
               BI Investor Category ...........................................................................................................................
                         BI1 Objective ................................................................................................................... 55-1
                         BI2 Overview ................................................................................................................... 56-1
                         BI3 Expression of Interest and Invitation to Apply policy............................................... 57-1
                         BI4 Summary of Requirements - Application Policy....................................................... 58-1
                         BI5 Personal requirements ............................................................................................... 59-1
                         BI6 Business experience .................................................................................................. 60-1
                         BI7 Funds and assets ........................................................................................................ 61-1
                         BI8 Settlement and contribution....................................................................................... 62-1
                         BI9 Approval in principle and transfer of funds............................................................... 63-1
                         BI10 Residence visas/permits .......................................................................................... 64-1
                         BI11 Funds withdrawal for investment in an acceptable business proposal .................... 65-1
                         BI12 Section 18A requirements ....................................................................................... 66-1
                         BI13 Tax obligations........................................................................................................ 67-1

     Family Category .............................................................................................................................................
               F1 Objective ................................................................................................................................ 68-1

               F2 Partnership policy...........................................................................................................................
                         F2.1 Objective .................................................................................................................. 69-1
                         F2.5 How do partners of New Zealand citizens and......................................................... 69-1
                         F2.10 Definitions.............................................................................................................. 69-2
                         F2.15 Minimum requirements for the recognition of partnerships................................... 69-4
                         F2.20 Evidence................................................................................................................. 69-6
                         F2.25 Verification ............................................................................................................ 69-9
                         F2.30 Determining if the couple is living together in..................................................... 69-10
                         F2.35 Deferring the final decision* if... ......................................................................... 69-11
                         F2.40 General rules ........................................................................................................ 69-11
               F3 De facto partner policy........................................................................................................... 70-1
                                                                                                                                  Contents                iii


          F4 Parent policy...................................................................................................................................
                    F4.1 How do parents qualify for residence?..................................................................... 71-1
                    F4.5 Definitions................................................................................................................ 71-3
                    F4.10 Evidence................................................................................................................. 71-5
                    F4.15 Verification of family details ................................................................................. 71-9
                    F4.20 Deferring the final decision*.................................................................................. 71-9
                    F4.25 Undertakings of sponsors....................................................................................... 71-9
          F5 Dependent child policy...................................................................................................................
                    F5.1 How do dependent children qualify for residence? .................................................. 72-1
                    F5.5 Definitions................................................................................................................ 72-3
                    F5.10 Evidence................................................................................................................. 72-3
                    F5.15 Verification of family details ................................................................................. 72-5
                    F5.20 Dependent children under 16 whose parents are separated or divorced................. 72-6
                    F5.25 Dependent children under 16 with only one parent holding... ............................... 72-6
                    F5.30 Application of English language policy ................................................................. 72-7
                    F5.35 Application under Dependent child policy............................................................. 72-8
                    F5.40 Residence permits with requirements..................................................................... 72-8
          F6 Sibling and adult child policy.........................................................................................................
                    F6.1 How do siblings and adult children qualify for residence? ...................................... 73-1
                    F6.5 Definitions................................................................................................................ 73-2
                    F6.10 Evidence................................................................................................................. 73-5
                    F6.15 Verification ............................................................................................................ 73-8
                    F6.20 Confirmation of offer of employment .................................................................... 73-8
                    F6.25 Deferring the final decision*.................................................................................. 73-8
                    F6.30 Undertakings of sponsors....................................................................................... 73-9
                    F6.35 Application of English language policy ................................................................. 73-9
          F7 Inter-country adoption....................................................................................................................
                    F7.1 Guidelines for inter-country adoptions..................................................................... 74-1
                    F7.5 Citizenship procedure............................................................................................... 74-1
                    F7.10 Pre-adoption information ....................................................................................... 74-2

Family Quota Category...................................................................................................................................
          FQ1 Objective ............................................................................................................................. 75-1

          FQ2 How do people qualify for residence under Family Quota category policy? ...................... 76-1

          FQ3 Registration process for Family Quota Sponsors ........................................................................
                    FQ3.1 Inclusion in registration of immediate family members of... ................................ 77-2
                    FQ3.5 Disqualification of registrations ............................................................................ 77-2
                    FQ3.10 Number of places available under the Family Quota category............................ 77-3
                    FQ3.15 Selection process following closure of registration............................................. 77-3
          FQ4 Definitions...................................................................................................................................
                    FQ4.1 Definition of 'adult child'....................................................................................... 78-1
                    FQ4.5 Definition of 'adult child for sponsorship purposes' and 'adult grandchild ........... 78-1
                    FQ4.10 Definition of 'adult sibling for sponsorship purposes' ......................................... 78-1
          FQ5 Evidence ......................................................................................................................................
                    FQ5.1 Evidence of identity of applicant(s) ...................................................................... 79-1
                    FQ5.5 Evidence of immigration status of sponsors.......................................................... 79-1
                    FQ5.10 Evidence of time spent in New Zealand as a citizen and/or... ............................. 79-2
                    FQ5.15 Evidence of relationship to sponsor .................................................................... 79-2
          FQ6 Verification of family details............................................................................................... 80-1
iv     Contents


               FQ7 Undertakings of sponsors .................................................................................................... 81-1

     Skilled Migrant Category................................................................................................................................
               SM1 Objective............................................................................................................................. 82-1

               SM2 Overview of Skilled Migrant Category Policy ................................................................... 83-1

     Skilled Migrant (Application) Policy..............................................................................................................
               SM3 Skilled Migrant (Expression of Interest and Invitation to Apply) Policy ...................................
                         SM3.1 Expressing Interest in being invited to apply under the Skilled Migrant
                         Category .......................................................................................................................... 84-1
                         SM3.5 Implications of providing false or misleading information .................................. 84-2
                         SM3.10 Submission of Expressions of Interest to the Pool.............................................. 84-2
                         SM3.15 Selection of Expressions of Interest.................................................................... 84-3
                         SM3.17 Resubmission of Expressions of Interest to... ..................................................... 84-4
                         SM3.20 Currency of an Expression of Interest ................................................................ 84-5
                         SM3.25 Invitation to apply for residence under the Skilled Migrant Category................ 84-5
               SM4 Summary of Requirements .........................................................................................................
                         SM4.1 Ability to apply..................................................................................................... 85-1
                         SM4.5 Approval of applications under the Skilled Migrant Category ............................. 85-1
                         SM4.10 Health, character and English language requirements ........................................ 85-2
                         SM4.15 Employability and capacity building requirements (SM7 to SM19) .................. 85-3
                         SM4.20 Settlement and contribution requirements (SM20)............................................. 85-3
                         SM4.25 Migrant levy ....................................................................................................... 85-4
                         SM4.30 Residence visa/permits subject to requirements ................................................. 85-5
                         SM4.35 Compliance with requirements ........................................................................... 85-6
                         SM4.40 Non-compliance with requirements.................................................................... 85-6
               SM5 English Language Requirements ................................................................................................
                         SM5.1 Aim and intent ...................................................................................................... 86-1
                         SM5.5 Minimum standard of English language for principal applicants* ....................... 86-1
                         SM5.10 English language requirements for non-principal applicants.............................. 86-2
                         SM5.15 English language requirements for partners* where........................................... 86-4
                         SM5.20 Pre-purchase of ESOL tuition............................................................................. 86-4
               SM6 Summary of points for employability and capacity building factors ..........................................
                         Employability and Capacity Building .............................................................................. 87-1
               SM7 Skilled employment ....................................................................................................................
                         SM7.1 Aim and intent ...................................................................................................... 88-1
                         SM7.5 Points for skilled employment .............................................................................. 88-1
                         SM7.10 Skilled employment............................................................................................ 88-2
                         SM7.15 Additional requirements for skilled employment ............................................... 88-3
                         SM7.20 Requirements for employers............................................................................... 88-4
               SM8 Bonus points: employment in... ..................................................................................................
                         SM8.1 Aims and intent..................................................................................................... 89-1
                         SM8.5 Point for employment in... .................................................................................... 89-1
                         SM8.10 Employment in an identified future growth area ................................................ 89-1
                         SM8.15 Employment in an identified cluster................................................................... 89-2
                         SM8.20 Employment in an area of absolute skills shortage............................................. 89-2
               SM9 Bonus points: employment outside the Auckland region ...........................................................
                         SM9.1 Aim and intent ...................................................................................................... 90-1
                                                                                                                         Contents                 v


          SM9.5 Bonus points for employment outside the Auckland region................................. 90-1
          SM9.10 Definition: Employment outside the Auckland region ....................................... 90-1
          SM9.15 Evidence ............................................................................................................. 90-2
SM10 Bonus points: partner's* skilled employment in New Zealand .................................................
          SM10.1 Aim and intent .................................................................................................... 91-1
          SM10.5 Points for partner's skilled employment in New Zealand ................................... 91-1
          SM10.10 Award of points ................................................................................................ 91-1
SM11 Work experience.......................................................................................................................
          SM11.1 Aim and intent .................................................................................................... 92-1
          SM11.5 Points for recognised work experience............................................................... 92-1
          SM11.10 Requirements .................................................................................................... 92-2
          SM11.15 Additional requirements for recognition of work experience ........................... 92-3
          SM11.20 Evidence ........................................................................................................... 92-4
SM12 Bonus points: work experience in New Zealand ......................................................................
          SM12.1 Aim and intent .................................................................................................... 93-1
          SM12.5 Points for recognised work experience in New Zealand..................................... 93-1
SM13 Bonus points: work experience in.............................................................................................
          SM13.1 Aim and intent .................................................................................................... 94-1
          SM13.5 Points for recognised work experience in........................................................... 94-1
          SM13.10 Work experience in an identified future growth area ....................................... 94-2
          SM13.15 Work experience in an identified cluster .......................................................... 94-2
          SM13.20 Work experience in an area of absolute skills shortage .................................... 94-2
SM14 Recognised Qualifications ........................................................................................................
          SM14.1 Aim and intent .................................................................................................... 95-1
          SM14.5 Recognition of qualifications.............................................................................. 95-1
          SM14.10 Points for recognised qualifications.................................................................. 95-2
          SM14.15 The Register...................................................................................................... 95-2
          SM14.20 Evidence ........................................................................................................... 95-3
          SM14.25 List of Recognised Qualifications..................................................................... 95-4
          SM14.30 NZQA involvement in the assessment of qualifications................................... 95-4
          SM14.35 NZQA Pre-Assessment Results (PARs) and Qualifications Assessment
          Results (QARs) ............................................................................................................... 95-4
SM15 Bonus points: New Zealand qualifications ...............................................................................
          SM15.1 Aim and intent .................................................................................................... 96-1
          SM15.5 Bonus points for New Zealand qualifications..................................................... 96-1
SM16 Bonus points: qualifications in an identified.............................................................................
          SM16.1 Aim and intent .................................................................................................... 97-1
          SM16.5 Bonus points for Recognised Qualification ........................................................ 97-1
          SM16.10 Qualifications in an identified future growth area ............................................ 97-1
          SM16.15 Qualifications in an identified cluster ............................................................... 97-2
          SM16.20 Qualifications in an area of absolute skills shortage......................................... 97-3
SM17 Bonus points: partner's recognised qualifications.....................................................................
          SM17.1 Aim and intent .................................................................................................... 98-1
          SM17.5 Close family in New Zealand ............................................................................. 98-1
SM18 Age ...........................................................................................................................................
          SM18.1 Aim and intent .................................................................................................... 99-1
          SM18.5 Points .................................................................................................................. 99-1
          SM18.10 Evidence ........................................................................................................... 99-1
SM19 Requirements for Occupational Registration............................................................................
vi     Contents


                        SM19.1 Aim and intent .................................................................................................. 100-1
                        SM19.5 Occupations requiring registration.................................................................... 100-1
                        SM19.10 Effect of occupational registration on eligibility for points............................ 100-2
                        SM19.15 Effect on points for qualifications .................................................................. 100-2
                        SM19.20 Effect on points for skilled employment......................................................... 100-3
              SM20 Settlement and Contribution Requirements ..............................................................................
                        SM20.1 Aim and intent .................................................................................................. 101-1
                        SM20.5 Assessment of ability to settle and contribute................................................... 101-1
                        SM20.10 Assessment of whether a principal applicant* can realise... ........................... 101-2
                        SM20.15 Grant of residence following deferral............................................................. 101-3

     Returning Residents' Visa Policy....................................................................................................................
              X1 Objectives ............................................................................................................................ 102-1

              X2 The need to apply for a returning resident's visa ...........................................................................
                        X2.1 Persons requiring a returning resident's visa ......................................................... 103-1
                        X2.5 Right to have a returning resident's visa issued ..................................................... 103-1
                        X2.10 General and transitional RRV policies ................................................................ 103-2
              X3 Lodging an application for a returning resident's visa ...................................................................
                        X3.1 Where to lodge an application ............................................................................... 104-1
                        X3.5 How an application must be lodged ...................................................................... 104-1
                        X3.10 Requirements for lodging an application for a returning resident's visa.............. 104-1
                        X3.15 Evidential requirements....................................................................................... 104-2
              X4 General policy ...............................................................................................................................
                        X4.1 Summary ............................................................................................................... 105-1
                        X4.5 'Principal' and 'non-principal applicants' ............................................................... 105-2
                        X4.10 Evidential requirements for partners* and children............................................. 105-3
                        X4.15 'Tax resident status'.............................................................................................. 105-4
                        X4.20 First Returning Resident's Visa ........................................................................... 105-4
                        X4.25 Second and subsequent returning resident's visa (indefinite) .............................. 105-5
                        X4.30 Second and subsequent returning resident's visa (12 months)............................. 105-8
                        X4.35 Second and subsequent returning resident's visa (14 days) ................................. 105-9
              X5 Transitional policy.........................................................................................................................
                        X5.1 Summary ............................................................................................................... 106-1
                        X5.5 Who may apply under transitional policy? ............................................................ 106-1
                        X5.10 Returning resident visa (indefinite) ..................................................................... 106-2
                        X5.15 Returning resident visa (restricted)...................................................................... 106-2
              X6 Special provisions..........................................................................................................................
                        X6.1 Holders of Australian resident return visas ........................................................... 107-1
                        X6.10 Partners of New Zealand citizens not... ............................................................... 107-1
                        X6.15 Residents seconded overseas as........................................................................... 107-2
                        X6.20 Evidence satisfying special provisions ................................................................ 107-2
              X7 Transferring and declining returning residents' visas ....................................................................
                        X7.1 Transfer of a current returning resident's visa ....................................................... 108-1
                        X7.5 Declining applications for returning residents' visas ............................................. 108-1

     Residence from Work Category......................................................................................................................
              RW1 Objective .......................................................................................................................... 109-1
                                                                                                                                    Contents               vii


          RW2 Residence policy for holders of..................................................................................................
                     RW2.1 Requirements for employment........................................................................... 110-1
                     RW2.5 Evidential requirements ..................................................................................... 110-2
          RW3 Residence policy for holders of visas or permits granted under.................................................
                     RW3.1 Definition of 'New Zealand organisation of national repute' ............................. 111-2
                     RW3.5 Sponsorship by a New Zealand organisation of national repute* ...................... 111-2
                     RW3.10 Evidential requirements ................................................................................... 111-3
          RW4 Residence policy for holders of permits granted under..............................................................
                     RW4.1 Requirements for employment........................................................................... 112-2
                     RW4.5 Evidential requirements ..................................................................................... 112-2
          RW5 English language requirements for.............................................................................................
                     RW5.1 Minimum standard of English............................................................................ 113-1
                     RW5.5 Evidence of an English-speaking background ................................................... 113-2
                     RW5.10 Employment in New Zealand as English-speaking background...................... 113-3
                     RW5.15 Evidence of employment in New Zealand ....................................................... 113-3
                     RW5.20 NZIS to collect charge on behalf of TEC......................................................... 113-4
                     RW5.25 TEC to arrange ESOL tuition........................................................................... 113-4
                     RW5.30 Applicant's Agreement with TEC .................................................................... 113-4
                     RW5.35 Completion of Agreement................................................................................ 113-5
                     RW5.40 The amount of ESOL tuition to be pre-purchased ........................................... 113-5
                     RW5.45 Failure to pre-purchase ESOL tuition .............................................................. 113-5
                     RW5.50 Limited period to use ESOL tuition ................................................................. 113-6
          RW6 Migrant Levy.................................................................................................................... 114-1

Special Policies...............................................................................................................................................
          S1 Special policy for certain nationalities ...........................................................................................
                     S1.1 Pitcairn Islanders.................................................................................................... 115-1
                     S1.10 Samoan Quota Scheme ........................................................................................ 115-2
                     S1.11 Residual Quota Places Policy............................................................................... 115-6
                     S1.15 Nationals of the People's Republic of China (PRC)............................................. 115-7
                     S1.20 Sri Lankan nationals........................................................................................... 115-10
                     S1.25 Indo-Chinese applicants in refugee camps ......................................................... 115-12
                     S1.30 Restrictions on entry to or transit through New Zealand of certain groups........ 115-13
                     S1.31 Ban on the issue of visas to leading members of................................................ 115-14
                     S1.35 Ban on the issue of visas or permits to............................................................... 115-14
                     S1.36 Restriction on the issue of visas or grant of permits to... ................................... 115-15
                     S1.40 Pacific Access Category..................................................................................... 115-15
                     S1.41 Residual Pacific Access Category Places Policy................................................ 115-21
          S2 Special directions policy ................................................................................................................
                     S2.1 Requests for special directions............................................................................... 116-1
                     S2.5 Procedure ............................................................................................................... 116-1
                     S2.10 Requests from prohibited people.......................................................................... 116-2
          S3 Refugee Policy ...............................................................................................................................
                     S3.1 Objective ................................................................................................................ 117-1
                     S3.5 Categories of refugee ............................................................................................. 117-1
                     S3.10 Residence permits for refugees ............................................................................ 117-1
                     S3.15 Requirements for making an application for grant of residence........................... 117-2
                     S3.20 Requirements for grant of residence .................................................................... 117-3
                     S3.25 Temporary permits ............................................................................................... 117-3
                     S3.30 Removal orders .................................................................................................... 117-4
viii      Contents


                           S3.35 Entry of overseas dependants of approved refugee status claimants.................... 117-4
                           S3.40 Revoking residence .............................................................................................. 117-4
                 S4 Special residence policies...............................................................................................................
                           S4.1 October 2000 Residence Policy ............................................................................. 118-1
                           S4.5 Residence policy for victims of domestic violence................................................ 118-2
                           S4.10 Refugee Family Quota Category.......................................................................... 118-5
                           S4.15 Special Zimbabwe Residence Policy ................................................................. 118-12

        Humanitarian Category......................................................................................................................... 119-1


Index
                                                                                    Part 3 Residence


PART 3

Residence

            In This Part
            Generic Residence.................................................................................. 1-1
            Business ............................................................................................... 19-1
            Family Category................................................................................... 68-1
            Family Quota Category ........................................................................ 75-1
            Skilled Migrant Category ..................................................................... 82-1
            Returning Residents' Visa Policy ....................................................... 102-1
            Residence from Work Category......................................................... 109-1
            Special Policies .................................................................................. 115-1
            Humanitarian Category ...................................................................... 119-1         7H
                                                                                   Residence




Generic Residence
             In This Section
             RA Who may apply for a residence visa or permit ................................ 1-1
             R Government Residence Policy ......................................................... 10-1
                                                                                          Part 3 Residence



RA Who may apply for a residence visa or permit
                        The provisions in section RA summarise relevant sections from the
                        Immigration Act 1987 and the Immigration Regulations 1991. These
                        provisions do not in themselves constitute Government immigration
                        policy or Government residence policy.

                                                                                              Effective 15/12/2003


                        In This Section
                        RA1 Who does not need to apply for a residence visa or permit ........... 1-1
                        RA5 Who needs a residence visa or permit ........................................... 2-1
                        RA10 Who is considered to hold a residence permit ............................. 3-1
                        RA15 Who must apply for a residence visa........................................... 4-1
                        RA20 Who may apply for a residence permit........................................ 5-1
                        RA25 Who may not apply for a residence permit.................................. 6-1
                        RA30 Who is not eligible for a residence permit................................... 7-1
                        RA35 Special directions......................................................................... 8-1
                        RA40 Residence permits with requirements.......................................... 9-1
                                                                            Chapter 1 Residence              1-1


CHAPTER 1

      RA1 Who does not need to apply for a residence visa or permit
                 .

                 In This Chapter
                 RA1.1 New Zealand citizens.................................................................. 1-1
                 RA1.5 People exempt from having to obtain a residence visa............... 1-1
                 RA1.10 People exempt from having to hold a residence permit............ 1-1

      RA1.1 New Zealand citizens
                 Immigration Act 1987 ss 3, 126

                 a. Every New Zealand citizen has the right to be in New Zealand at any
                    time and is not liable to removal or deportation in any circumstances.
                 b. New Zealand citizens do not need a permit to be in New Zealand but
                    they must show a passport on arrival in the country if required to do
                    so, so that the immigration officer can decide whether they require a
                    permit or not.

                                                                                       Effective 26/07/99

      RA1.5 People exempt from having to obtain a residence visa
                 Immigration Regulations 1999 Schedule 1, Part 1

                 The following people are exempt from having to obtain a residence visa:
                 a. people exempted from having to hold a permit under the Immigration
                    Act 1987 or Immigration Regulations 1999; and
                 b. people who hold a current resident return visa issued by the
                    Government of Australia.
                     Note: People in these two categories are not eligible for a permit or
                     exemption if covered by s 7 of the Immigration Act 1987. They must
                     apply for and obtain a residence visa and also have a special direction
                     made authorising them to be granted a residence permit (see S2).

                                                                                       Effective 26/07/99

      RA1.10 People exempt from having to hold a residence permit
                 Immigration Act 1987 s 12
                 Immigration Regulations 1999 Schedule 1, Part 2

                 The following people are exempt from having to hold a residence permit:
                 a. citizens of the Commonwealth of Australia; and
                 b. those exempted by special direction from having to hold a permit.

                                                                                       Effective 26/07/99
                                                             Chapter 2 Residence    2-1


CHAPTER 2

      RA5 Who needs a residence visa or permit
               Immigration Act 1987 ss 4(1), 14B(1), 17(1)

               c. A person who is not a New Zealand citizen and who wishes to stay
                  indefinitely in New Zealand must have a residence visa to travel to
                  New Zealand and a residence permit to stay in New Zealand, unless
                  they are exempt from having to hold a residence visa or permit.
               d. A person who is not a New Zealand citizen and is in New Zealand
                  lawfully and wishes to remain in New Zealand indefinitely must
                  obtain a residence permit to do so.

                                                                    Effective 26/07/99
                                                              Chapter 3 Residence       3-1


CHAPTER 3

      RA10 Who is considered to hold a residence permit
               Immigration Act 1987 s 44

               Even though a person does not actually hold a permit, they are considered
               to hold a residence permit 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 2 April 1974 and until
                  at least 31 October 1987, 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. are 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 permit (see R7).

                                                                      Effective 26/07/99
                                                             Chapter 4 Residence       4-1


CHAPTER 4

      RA15 Who must apply for a residence visa
               Immigration Act 1987 ss 14B(1), 17, 13D

               People who wish to come to New Zealand and be granted a residence
               permit and who are not exempt from having to hold a permit must apply
               in the prescribed manner for, and obtain, a residence visa before entering
               New Zealand.

                                                                      Effective 26/07/99
                                                                  Chapter 5 Residence    5-1


CHAPTER 5

      RA20 Who may apply for a residence permit
               See RA20 Effective 26/07/1999

               Immigration Act 1987 ss 13(2), 17, 18(a), 27A(2)

               The following people may apply for a residence permit:
               a. any person who holds a residence visa and who arrives in New
                  Zealand while that visa is current; and
               b. any person in New Zealand who holds a temporary permit other than:
                   i    holder of a pre-cleared temporary permit while the holder is still
                        in the customs place at which the holder has arrived in New
                        Zealand, or
                   ii The holder of a temporary permit subject to the condition that the
                      holder has no right to apply for another temporary permit or
                      residence permit; and
               c. any person exempt from having to hold a permit who anticipates
                  ceasing to be exempt while in New Zealand; and
               d. any person who holds a returning resident's visa and returns to New
                  Zealand while that visa is current (such persons must, upon
                  application, be granted a residence permit); and
               e. In some cases a person may only apply for a residence visa or permit
                  if they have earlier been invited to apply for residence by an
                  immigration or visa 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 of Government residence policy.

                                                                       Effective 15/12/2003
                                                              Chapter 6 Residence       6-1


CHAPTER 6

      RA25 Who may not apply for a residence permit
               Immigration Act 1987 s 17(2), 27A

               a. Under section 17(2) of the Immigration Act 1987, no person who is
                  in New Zealand unlawfully may apply for a residence permit, and if
                  they do so:
                   i   the Minister of Immigration or appropriate immigration officer is
                       not obliged to consider an application from such a person; and
                   ii whether the 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 17(2) applies, and
                   iii section 23 of the Official Information Act 1982 (concerning the
                       right of access to reasons for decisions) does not apply.
               b. In limited circumstances, a person may be given a temporary permit
                  under section 27A of the Immigration Act 1987 in order to participate
                  in a criminal trial (usually as a witness), or to transit New Zealand. If
                  that permit is subject to a condition that the holder may not apply for
                  a residence permit, then that condition may be enforced.

                                                                      Effective 26/07/99
                                                                 Chapter 7 Residence     7-1


CHAPTER 7

      RA30 Who is not eligible for a residence permit
                Immigration Act 1987 ss 7(1), 7(3), 18

                See RA30 Effective 26/07/1999
                a. People described by section 7(1) of the Immigration Act (see A5.20)
                   are not eligible for a residence permit unless they come under one of
                   the exceptions set out in paragraph (b).
                b. People ineligible under paragraph (a) may only be granted a
                   residence permit if they
                    i    hold a current returning resident's visa, or
                    ii hold a current Refugee Travel Document, or
                    iii have been granted a special direction under section 7(3)(a)(ii) (see
                        S2)

                RA30.1 Restrictions on the grant of residence visas/permits for
                        NZAID supported students and their dependents
                NZAID supported students and their partners, and the dependent children
                of NZAID supported students and/or their partner are not eligible to be
                issued or granted a residence visa or permit in the two year period
                following completion of the NZAID student's scholarship, unless they
                have written approval from NZAID (see U11).

                                                                        Effective 04/07/2005
                                                              Chapter 8 Residence       8-1


CHAPTER 8

      RA35 Special directions
               Immigration Act 1987 ss 7(4), 130

               a. In special circumstances (see S2), the Minister (or delegate) may give
                  any immigration officer a special direction in relation to any person,
                  permit, visa or document, overriding the effect of section 7(1).
               b. Under section 7(4) and section 130(6)(b)(i), no person has the right to
                  apply for a special direction, and if they do so:
                   i    Minister or appropriate immigration officer is not obliged to
                        consider an application for a special direction, and
                   ii whether an 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 7(4) and section 130(6)(b)(i) apply,
                      and
                   iii section 23 of the Official Information Act 1982 (concerning the
                       right of access to reasons for decisions) does not apply.

                                                                       Effective 26/07/99
                                                             Chapter 9 Residence       9-1


CHAPTER 9

      RA40 Residence permits with requirements
               Immigration Act 1987 ss 14B(6), 18A

               On issuing a residence visa or granting a residence permit, the Minister or
               a visa or immigration officer may impose requirements on the holder of
               the visa or permit in accordance with section 18A of the Immigration Act
               1987.

                                                                      Effective 26/07/99
                                                                                                       Residence



R Government Residence Policy

                      Application of Generic Residence Policy
                      The policy contained in the Generic Residence chapter applies unless
                      other provisions in Government residence policy expressly state
                      otherwise.

                                                                                                   Effective 26/07/99


                      In This Section
                      R1 Objective ........................................................................................ 10-1
                      R2 Lodging an application ................................................................... 11-1
                      R3 Adoptions ....................................................................................... 12-1
                      R4 Health and character requirements ................................................. 13-1
                      R5 Determining an application ............................................................ 14-1
                      R6 New Zealand Immigration Programme .......................................... 15-1
                      R7 Confirming a residence permit ....................................................... 16-1
                      R8 Other applications........................................................................... 17-1
                      R9 Special cases................................................................................... 18-1
                                                             Chapter 10 Residence      10-1


CHAPTER 10

      R1 Objective
               a. The objective of New Zealand's immigration policy 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 26/07/99
                                                                                 Chapter 11 Residence                11-1


CHAPTER 11

      R2 Lodging an application

                 In This Chapter
                 R2.1 Who may be included in an application ...................................... 11-1
                 R2.5 Who may not be included in an application ................................ 11-8
                 R2.10 Where to lodge* an application ................................................. 11-8
                 R2.15 Processing of applications ......................................................... 11-8
                 R2.20 Date an application is lodged..................................................... 11-9
                 R2.25 Date an application is made....................................................... 11-9
                 R2.30 Receipt of applications .............................................................. 11-9
                 R2.35 How an application must be lodged* ........................................ 11-9
                 R2.40 Mandatory requirements for lodging an application
                 for residence ...................................................................................... 11-10
                 R2.45 Additional Requirements......................................................... 11-12
                 R2.46 DNA testing for verifying claimed relationships..................... 11-12
                 R2.50 Applications not lodged* in the prescribed manner ................ 11-13
                 R2.55 How to submit documents ....................................................... 11-13
                 R2.60 Payment of the fee ................................................................... 11-14
                 R2.65 Lodging an Expression of Interest........................................... 11-15

      R2.1 Who may be included in an application
                 See R2.1 Effective 15/11/2004
                 See R2.1 Effective 15/12/2003
                 See R2.1 Effective 29/09/2003
                 See R2.1 Effective 01/10/2001
                 See R2.1 Effective 01/03/2000
                 See R2.1 Effective 26/07/1999


                 a. Each principal applicant* must make* a separate application.
                 b. The partner of a principal applicant*, and biological or adopted (see
                    R3) dependent children* of the principal applicant* and/or partner (if
                    the partner is included in the application), may be included in a
                    residence application, regardless of whether they are living in the
                    same country as the principal applicant*.

                 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 application form.
                 b. When the application is assessed, the principal applicant* will be the
                    person first assessed against the Government residence policy
                    criteria, unless policy indicates otherwise.
11-2   Residence   Chapter 11



                       R2.1.5 Definition of 'applicant'
                       An applicant is a person included in an application for residence and
                       includes the principal applicant and secondary applicants (if any). All
                       persons included in an application will be individually assessed against
                       the Government residence policy criteria that apply to them.

                       R2.1.10 Definition of 'partner'
                       Immigration Regulations 1999 reg 20

                       a. For the purpose of inclusion in a residence application, 'partner'
                          means:
                           i    a person who is legally married to, or
                           ii a person who is in a civil union partnership (whether opposite or
                              same sex) with, or
                           iii a person who is in a de facto relationship, (whether opposite or
                               same sex) with,
                           the principal applicant*.
                       b. References to 'partner' in Government residence policy 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 issued with
                                a residence visa or granted a residence permit?
                       a. For a 'partner' included in an application to be issued with a residence
                          visa or granted a residence permit a visa or immigration officer must
                          be satisfied that they meet ‘Partnership’ policy requirements which
                          are:
                           i    the principal applicant* and partner* are living together in a
                                genuine and stable partnership* (see F2.10.1), and
                           ii the couple have been living together in such a relationship for 12
                              months or more at the time the application is assessed, and
                           iii the partnership meets the minimum requirements for the
                               recognition of partnerships set out at F2.15 in that:
                                                Chapter 11 Residence         11-3


            the couple were both aged 18 years or older at the time the
            application for residence 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 partnership requirement in a. ii
   above is met visa and 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 a visa or immigration officer is not
         satisfied that a couple are living together in a partnership
         that is genuine and stable?
If a visa or 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 issued a residence visa or granted a residence
   permit; 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 Government
    Residence policy.
    Examples:
    ~ Under Investor category policy (see BI7.10) if investment funds
    are owned jointly by a principal applicant and partner* included in
    the application the principal applicant* may only claim the value of
    that portion of the funds or assets for which they provide evidence of
    their personal ownership.
    ~ 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 Family category Sibling and Adult Child policy (see F6.1(d))
    where a principal applicant and partner* included in the application
    have combined income as evidence of meeting the required minimum
    income requirement of the principal applicant* only the principal
    applicant’s income may be taken into account when determining the
    total family income per year.
11-4   Residence   Chapter 11



                       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 a visa or 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 residence to a principal applicant*
                                is reliant on the relationship with or attributes of their partner* the
                                application must be declined* under Government Residence
                                policy, or
                           ii in any case where the grant of residence to a principal applicant*
                              is not reliant on the relationship with or attributes of their partner*
                              the visa or immigration officer may proceed with processing the
                              principal applicant for residence but defer the final decision* on
                              the partner* to enable the qualifying period to be met.
                       b. If a partner’s* application for residence has been deferred as
                          described in (a)(ii) above they may be issued with a work visa or
                          granted a work permit (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 application to be completed (see
                          WF2.20).

                       R2.1.20 Evidence of relationship with partner*
                       a. Principal applicants* must provide:
                           i    evidence of their relationship with their partner* included in the
                                application, and
                           ii 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 residence), 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) ).
                                               Chapter 11 Residence       11-5



R2.1.25 Polygamous marriages and relationships
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 residence.

R2.1.27 When may dependent children be included in an application
         and be issued with a residence visa or granted a residence
         permit?
For a ‘dependent child’ to be included in an application to be issued with
a residence visa or granted a residence permit a visa or immigration
officer must be satisfied that they are a dependent child within
‘Dependent Child’ policy (see F5.1).

R2.1.30 Definition of 'dependent child'
Immigration Regulations 1999 reg 20

For the purpose of inclusion in an application and for Dependent Child
policy, and despite the definition in section 2 of the Immigration Act
1987, a child is dependent if he or she is:
a.
     i   aged 17 to 24, with no child(ren) of his or her 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.
     i   aged 16 or younger, 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.
c. When determining whether a child of 17 to 24 years of age is totally
   or substantially reliant on the principal applicant* and/or the principal
   applicant's* partner* for financial support, visa and immigration
   officers must consider the whole application, taking into account all
   relevant factors including:
11-6   Residence   Chapter 11


                                   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 unmarried, it is presumed to be
                          dependent unless there is evidence to the contrary.
                       b. For children aged 17 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 Dependent children* under 16 whose parents are separated
                                or divorced
                       a. If the parents of a dependent child* included in a residence
                          application 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 dependent children* cannot be included in an application unless
                          the applicant parent produces satisfactory evidence of their right to
                          remove the dependent 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
                          dependent child* from the country in which rights of custody or
                          visitation have been granted must include original or certified copies
                          of:
                           i    legal documents showing that the applicant has custody of the
                                child and the sole right to determine the place of residence of the
                                child, without rights of visitation by the other parent, or
                                              Chapter 11 Residence      11-7


   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 or visa 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
      dependent child* may be included in the application.

R2.1.50 Dependent children* under 16 with only one parent included
         in the application for residence.
a. If one of the parents of a dependent child* is not included in the
   application for residence, the applicant parent must have the right to
   remove the child from its country of residence.
b. Such dependent children* cannot be included in an application unless
   the applicant parent produces satisfactory evidence of their right to
   remove the dependent 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 cases where one
   parent is not included in the application for residence, 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 dependent child,
   only one parent is included in the application, the death certificate of
   the other parent must be provided.
e. Where an immigration or visa 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 dependent child* may be included in the application.
11-8   Residence     Chapter 11



                         R2.1.55 Situation of dependent children of partners included in an
                                  application
                         a. Any dependent child* who is reliant on inclusion in an application
                            solely by virtue of being the dependent child* of the principal
                            applicant’s partner* included in an application, (i.e. they are not a
                            dependent child of the principal applicant*) may not be issued a
                            residence visa or granted a residence permit unless their parent
                            partner* is issued a residence visa or granted a residence permit.
                         b. If their parent partner* is issued with a work visa or granted a work
                            permit as provided for in R2.1.15.5 (b) above then they may also be
                            issued with a temporary visa or granted a temporary permit of a type
                            appropriate to their needs (once an application has been made*) for
                            the same period.
                             Example: a dependent child* intending to attend school in New
                             Zealand must apply for a student visa or permit.

                                                                              Effective 04/07/2005

              R2.5 Who may not be included in an application
                         See R2.5 Effective 26/07/1999

                         Immigration Regulations 1999 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 01/10/2001

              R2.10 Where to lodge* an application
                         a. Applications should be lodged* at the NZIS 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 4.
                         b. If an application is lodged* at an office other than the appropriate
                            one, the application may be referred to the appropriate office.

                                                                                Effective 26/07/99

              R2.15 Processing of applications
                         a. Applications for residence are processed by NZIS branch offices and
                            certain MFAT offices.
                         b. The NZIS 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 26/07/99
                                                         Chapter 11 Residence        11-9


R2.20 Date an application is lodged
            An application is lodged* on the date that the NZIS 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 26/07/99

R2.25 Date an application is made
            Immigration Act 1987 ss 14B, 17A

            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. Visa and immigration officers determine whether applications are
               lodged* in the prescribed manner by assessing whether all mandatory
               requirements (see R2.40) for lodgment have been met.
            c. If a visa or immigration officer determines that an application is not
               lodged* in the prescribed manner and requests further documents
               (see R2.50), the application is made* on the date that NZIS receives
               the last of any outstanding documents necessary to meet the
               prescribed manner for lodgment.
                Note: If an application is processed using AMS, the date the
                application is made* is referred to in AMS as the date 'accepted'.

                                                                   Effective 26/07/99

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 the NZIS.

                                                                   Effective 26/07/99

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
               applications in the Immigration Regulations 1999, which set out the
               mandatory requirements for lodging an application.

                                                                   Effective 26/07/99
11-10   Residence     Chapter 11


               R2.40 Mandatory requirements for lodging an application for residence
                          Immigration Regulations 1999 regs 3, 4(1), 10(1)

                          See R2.40 Effective 04/04/2005
                          See R2.40 Effective 15/12/2003
                          See R2.40 Effective 01/07/2002
                          See R2.40 Effective 26/07/1999

                          For the purposes of residence policy, mandatory requirements are the
                          requirements set out in the following paragraphs:
                          a. Applications must be made* on the form Application for Residence
                             in New Zealand, which must be completed to the extent necessary for
                             the application being made*, signed and accompanied by:
                              i    2 passport-sized photographs of the applicant, and
                              ii 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
                              iii the appropriate fee (if any), and
                              iv any information and evidence required by the approved
                                 application form that shows that the principal applicant fits the
                                 category or categories of Government residence policy under
                                 which the application is being made*, and
                              v    a fully completed and acceptable medical certificate for the
                                   applicant that is less than 3 months old, and
                              vi a fully completed and acceptable X-ray certificate for the
                                 applicant that is less than 3 months old (this requirement does not
                                 apply in the case of a pregnant woman or a child under the age of
                                 11), and
                              vii 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), and
                              viii any other information, evidence and submissions that the
                                   principal applicant considers show fully that they are eligible to
                                   be issued with a residence visa or granted a residence permit in
                                   terms of the applicable Government residence policy.
                          b. Applicants for residence visas must also provide a valid passport or
                             travel document, or, if this is unavailable, a birth certificate or other
                             identity document.
                          c. Applicants for residence permits must also provide a valid passport or
                             certificate of identity, or, if this is unavailable, evidence of the
                             applicant's current permit or exempt status.
                                               Chapter 11 Residence     11-11



R2.40.1 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 Government residence policy,
    that, at any relevant stage during the life of an application or an
    Expression of Interest (e.g. at the time an application or Expression of
    Interest is lodged*, during assessment of the application or
    Expression of Interest and at the date of final decision* on an
    application), that document is not expired.

R2.40.5 Authority to waive mandatory requirements
Immigration and visa officers may only waive those mandatory
requirements for which they have delegated authority to make a special
direction.

R2.40.10 Requests for applications to be lodged otherwise than on an
         approved form
Immigration Regulations 1999 reg 3A

a. The Immigration Regulations 1999 allow for applications to be made
   otherwise than on the approved form. The purpose of these
   provisions is to allow for applications for visas and permits to be
   processed rapidly (through the use of modern technology), where the
   decision to issue or refuse a visa or permit is straightforward and in
   an immigration or visa officers view, any verification requirements
   are minor in nature.
b. Because of the complex nature of residence applications and the high
   level of verification required, requests to lodge residence visa and
   permit applications otherwise than on the approved form will be
   refused.

R2.40.15 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:
             the applicant's name, and
             their date of birth, and
             their place of birth, and
             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.
11-12   Residence     Chapter 11


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

                                                                                 Effective 28/11/2005

               R2.45 Additional Requirements
                           Immigration Regulations 1999 regs 4(2), 10(2)

                           Before determining the application, a visa or immigration officer
                           processing an application may require the applicant:
                           a. to appear before a visa or 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.

                                                                                    Effective 26/07/99

               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 a visa or
                              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, a
                              visa or immigration officer may raise the possibility of undertaking
                              DNA testing with the applicant.
                           c. DNA testing is voluntary for applicants and sponsors. If an applicant
                              or sponsor, having been advised of the possibility of DNA testing,
                              decides not to undertake such testing, no adverse inference may be
                              drawn from this decision, and such a decision of itself will not be a
                              reason to decline an application.
                           d. DNA test results must be considered in the context of all other
                              information and evidence relevant to the claimed relationship.
                           e. A visa or 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 NZIS-approved laboratory in
                                accordance with standard procedures will be accepted as evidence of
                                claimed relationships under this policy (R2.46).
                           g. Usually an applicant/sponsor will be expected to pay the costs of the
                              DNA testing used to support the claims in their residence application.
                              On a case by case basis, the NZIS may consider paying for the DNA
                              test costs.
                           h. Where the applicant/sponsor has accepted an NZIS 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 the NZIS.
                                                           Chapter 11 Residence     11-13


           i.   All DNA testing carried out under this policy is done so in
                accordance with the Information Privacy Principles of the Privacy
                Act 1993.

                                                                   Effective 15/12/2003

R2.50 Applications not lodged* in the prescribed manner
           a. The NZIS 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 the NZIS does not consider such applications to have been
              made*.
           b. The NZIS is under no obligation to hold an application that is not
              lodged* in the prescribed manner.
           c. When an application is lodged* in an incomplete but minor and
              easily corrected manner, visa and 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.
           d. 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.
           e. When an application is not lodged* in the prescribed manner and the
              provisions of paragraph (c) above do not apply, the application must
              be returned to the principal applicant* or agent.

                                                                     Effective 26/07/99

R2.55 How to submit documents
           a. All documents submitted in support of an application for residence
              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 or visa officers may also
              request the original documents.
11-14   Residence     Chapter 11



                          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 policy criteria.
                          b. The NZIS may, at its discretion, require applicants to provide full
                             English translations of documents.
                          c. Translations must:
                              i    not be made by an applicant's family member or a person with an
                                   interest in the outcome of the application, and
                              ii be certified as a correct translation made by a person familiar with
                                 both languages and competent in translation work, and
                              iii be prepared and certified by a recognised private or official
                                  translation service, and
                              iv be on the official letterhead of the translation service, and
                              v    bear the stamp or signature of the translator, and
                              vi be accompanied by the original documents or certified copies.

                                                                                   Effective 26/07/99

               R2.60 Payment of the fee
                          See R2.60 Effective 01/10/1999

                          Immigration Regulations 1999, Regs 42, 43(2)

                          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 delegations, who
                                   has the authority to grant a special direction under section 149 of
                                   the Immigration Act 1987, or
                              ii the principal applicant* is a citizen of a country with which New
                                 Zealand has a fee waiver agreement covering visas or permits (see
                                 Immigration Regulations 1999, Reg 43(2)).
                          b. A receiving office is an NZIS office or MFAT post designated for
                             receiving applications from particular countries (see Appendix 4).
                          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.
                                                        Chapter 11 Residence     11-15


           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 in cash 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 NZIS branch office or MFAT office at which an
                application is lodged*.
           g. Bank cheques for applications lodged* at NZIS offices in New
              Zealand should be made out to 'New Zealand Immigration Service'.
           h. Detailed information on fee amounts in different currencies and on
              account names for various offshore NZIS branches and MFAT posts
              is contained in Appendix 1.

                                                                Effective 01/03/2000




R2.65 Lodging an Expression of Interest
           Immigration Regulations 1999, Reg 8A

           a. In some cases a person may only apply for a residence visa or permit
              if they have earlier been invited to apply for residence by an
              immigration or visa 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 a visa or
              immigration officer:
                i   the completed Expression of Interest form; and
                ii the appropriate fee (if any).
                Note: The completed form can be submitted electronically or in
                paper form.
           c. Expressions of Interest submitted electronically can only be
              submitted via the NZIS website.

                                                                Effective 15/12/2003
                                                                             Chapter 12 Residence              12-1


CHAPTER 12

      R3 Adoptions

                  In This Chapter
                  R3.1 Definition of 'adoption'................................................................ 12-1
                  R3.5 Implications of adoptive relationships......................................... 12-1

      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 26/07/99

      R3.5 Implications of adoptive relationships
                  See R3.5 Effective 26/07/1999
                  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 or visa officer is satisfied that a legal
                     or customary adoption has taken place.
                  b. If an immigration or visa 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
                     Government residence policy for the purposes of:
                       i    inclusion in an application for residence made* by their biological
                            family; and
                       ii sponsorship of members of their biological family for residence in
                          New Zealand; and
                       iii sponsorship by members of their biological family for residence
                           in New Zealand; and
                       iv determining eligibility for residence under Family category
                          policy.

                  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.
12-2   Residence   Chapter 12


                       c. The NZIS may seek confirmation of a customary adoption from the
                          person's biological parent(s), or adoptive parent(s) as applicable.
                       d. Immigration and visa officers should consult applications lodged* by
                          any other family members to confirm whether a customary adoption
                          has been declared. Immigration and visa 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 and visa 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 dependent child policy of the Family Category (see F5), if a
                          person has been legally adopted by a person who is a New Zealand
                          citizen or resident, 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 01/10/2001
                                                                            Chapter 13 Residence              13-1


CHAPTER 13

      R4 Health and character requirements

                 In This Chapter
                 R4.1 Health requirements..................................................................... 13-1
                 R4.5 Character requirements................................................................ 13-2

      R4.1 Health requirements
                 See R4.1 Effective 04/04/2005
                 See R4.1 Effective 19/02/2004)
                 See R4.1 Effective 26/07/1999

                 Immigration Regulations 1999 regs 4(1)(f) and 10(1)(h)

                 a. All persons included in residence applications must meet the health
                    requirements as set out in the Administration chapter (see A4) or
                    qualify for a medical waiver.
                 b. If any person included in the application fails to meet the necessary
                    health requirements and does not qualify for a medical waiver, the
                    application may be declined.

                 R4.1.1 Evidence of health
                 a. Applications for residence must include, at the time the application is
                    lodged, fully completed Medical and Chest X-Ray Certificate NZIS
                    1007 for every person included in the application.
                      Note: Pregnant women and children under 11 years of age are not
                      required to have an X-ray examination.
                 b. All Medical and Chest X-Ray Certificates must be less than 3 months
                    old at the date the application for residence is made.
                 c. Visa and immigration officers may require a further Medical and
                    Chest X-Ray Certificate as a basis for determining an application for
                    residence, if there is good reason to do so.
                 d. The Medical and Chest X-Ray Certificate must be:
                      i    completed by a registered medical practitioner and a radiologist,
                           or an Immigration New Zealand-appointed panel
                           doctor/radiologist if required (see A4.30.5); and
                      ii completed in English if possible.
                 e. If it is not possible to complete the Medical and Chest X-Ray
                    Certificate in English, it must be submitted with a certified
                    translation, as must any accompanying laboratory or specialist
                    reports.
13-2   Residence     Chapter 13


                         f.   The Medical and Chest X-Ray Certificate must be less than three
                              months old at the time of lodging an application unless an
                              appropriately delegated visa or immigration officer, having regard to
                              any instructions on the matter, has waived that lodgement
                              requirement, in which case a Medical and Chest X-Ray Certificate
                              more than three months old may be accepted and used for
                              determination purposes.

                         R4.1.5 Assessment
                         The Medical and Chest X-Ray Certificate and associated reports are
                         assessed in terms of health requirements policy set out at A4.

                                                                                  Effective 28/11/2005

              R4.5 Character requirements
                         See R4.5 Effective 26/07/1999

                         Immigration Regulations 1999 regs 4(1)(g) and 10(1)(h)

                         a. All persons included in residence applications must be of good
                            character, or qualify for a waiver of character requirements and must
                            not pose a potential security risk (full information on character
                            requirements policy is set out in the Administration chapter, A5).
                         b. If any person included in the application fails to meet those necessary
                            character requirements and the character requirements are not
                            waived, the application may be declined.

                         R4.5.1 Evidence of character
                         a. Applicants aged 17 or over must provide police certificates for their
                            country of citizenship and for every country in which they have lived
                            for 12 months or more (whether on one visit or intermittently) in the
                            10 years before the date they lodge* their application.
                         b. Certificates must be less than 6 months old when the application is
                            lodged*.
                         c. If the applicant requires a certificate from a country that does not
                            issue individual police certificates and is not listed on the NZIS
                            leaflet Obtaining a Police Certificate, the visa or immigration officer
                            may proceed to assess the application and obtain any necessary
                            clearances before a decision is made.
                         d. If a police certificate is not available from a particular country, the
                            applicant must provide a separate statutory declaration in both
                            English and the applicant's first language, which 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
                                 any offences against the law of that country; and
                              iii be corroborated by other information confirming the applicant's
                                  character.
                                             Chapter 13 Residence     13-3



R4.5.5 Assessment
If an application is received from a person about whom character issues
arise, officers assess the application against the assessment guidelines
given in the Administration chapter (A5.15-A5.40).

                                                    Effective 01/04/2004
                                                                                  Chapter 14 Residence                 14-1


CHAPTER 14

      R5 Determining an application

                 In This Chapter
                 R5.1 Applications determined by NZIS officers.................................. 14-1
                 R5.5 Evidential requirements............................................................... 14-1
                 R5.6 Age of applicant .......................................................................... 14-2
                 R5.10 Verification................................................................................ 14-2
                 R5.15 Explaining discrepancies in family details ................................ 14-2
                 R5.18 Effect of provisions of the Prostitution Act 2003...................... 14-3
                 R5.20 Assessment of applications under nominated category ............. 14-3
                 R5.25 Reclaiming airfares and expenses.............................................. 14-5
                 R5.30 Approving an application .......................................................... 14-6
                 R5.35 Later application under Family category by previous
                 applicants ............................................................................................ 14-6
                 R5.40 Later application by partner* and dependent children* ............ 14-6
                 R5.42 People granted permits under W3.145 October 2000
                 Transitional Policy .............................................................................. 14-7
                 R5.45 Approval in principle................................................................. 14-8
                 R5.50 Lapsing an application on the grounds that... ............................ 14-8
                 R5.55 Declining an application............................................................ 14-9
                 R5.60 Date of final decision............................................................... 14-10
                 R5.65 Residence visas........................................................................ 14-11
                 R5.70 Residence permits.................................................................... 14-12
                 R5.75 Status of people applying for a residence permit while
                 in New Zealand ................................................................................. 14-12
                 R5.80 Referring residence decisions to the Minister ......................... 14-13
                 R5.85 Settlement information fee ...................................................... 14-13
                 R5.90 Migrant levy ............................................................................ 14-14

      R5.1 Applications determined by NZIS officers
                 Immigration Act 1987 s 13C(1)

                 a. Visa or immigration officers determine applications for residence
                    visas or permits in accordance with:
                      i     the requirements of the Immigration Act 1987, and
                      ii Government residence policy applying at the time the application
                         is made*.
                 b. Any discretion officers exercise must be in terms of the applicable
                    Government residence policy.

                                                                                                Effective 26/07/99

      R5.5 Evidential requirements
                 Immigration Regulations 1999 regs 4(2), 10(2)

                 a. Visa and immigration officers must be satisfied that the information
                    an applicant submits complies with the evidential requirements set
                    out in Government residence policy.
14-2   Residence      Chapter 14


                          b. Even if an applicant meets the specific evidential requirements, a visa
                             or immigration officer may still decide that additional evidence is
                             necessary.
                          c. Visa and immigration officers should use their discretion to decide
                             what is sufficient evidence for policy criteria that have no specific
                             evidential requirements.

                                                                                  Effective 26/07/99

              R5.6 Age of applicant
                          See R5.6 Effective 05/06/2000

                          An applicant's age at the time an application is made* is the age at which
                          the applicant will be assessed under Government Residence policy unless
                          otherwise specified in a particular policy provision within Government
                          residence policy.

                                                                                Effective 15/12/2003

              R5.10 Verification
                          Visa or 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 Government residence
                          policy, whether or not a particular provision enables or obliges them to do
                          so.

                                                                                  Effective 26/07/99

              R5.15 Explaining discrepancies in family details
                          See R5.15 Effective 26/07/1999
                          a. Under the principles of fairness and natural justice, applicants must
                             be given an opportunity to explain any discrepancies in the details of
                             their immediate family, if those discrepancies are materially relevant
                             to the application.
                          b. Applicants, or other relevant parties, may be required to provide the
                             explanation in writing and/or at an interview, and if given at
                             interview the explanation must be recorded in writing.
                          c. If applicants or other relevant parties are required to provide the
                             explanation in writing, they must be given a reasonable time in which
                             to do so and must know what it is they are expected to explain.
                          d. If, as the result of an explanation, the immigration or visa 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 or visa officer has reasonable cause to believe that
                             an applicant has:
                              i    supplied incorrect information, or
                                                           Chapter 14 Residence      14-3


                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 Government residence policy requirements, also
               decline the application on those grounds.

                                                                  Effective 30/06/2003




R5.18 Effect of provisions of the Prostitution Act 2003
            No residence visa or permit may be issued or granted in contravention of
            the Prostitution Act 2003. That act provides that:
            a. No permit 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 residence permit is subject to a requirement under
               s18A of the Immigration Act 1987, the requirement is considered not
               to be met (for the purposes of revoking the permit) if the permit
               holder acts as an operator of, or invest in, a New Zealand business of
               prostitution.

                                                                  Effective 29/09/2003

R5.20 Assessment of applications under nominated category
            See R5.20 Effective 05/06/2000
            See R5.20 Effective 26/07/99
            a. Visa and 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
                    policy 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.
14-4   Residence   Chapter 14


                            Note: Residence can only be granted under the Skilled Migrant
                            Category to a person who has been invited by an immigration or visa
                            officer to apply for residence under the Skilled Migrant Category.

                       R5.20.1 Further information
                       Immigration Act 1987 ss 14B(4), 17A(4), 34G

                       a. Further information may be submitted at any time before a final
                          decision* is made on an application. Visa and immigration officers
                          must take into account any relevant information submitted by
                          applicants before a final decision* is made.
                       b. Visa and 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 a visa or immigration officer for further information, evidence
                          or documents, or an interview, the application may be assessed on the
                          relevant information then available to the NZIS, unless it is
                          reasonable to enquire further.
                       d. Applicants must inform a visa or 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 a permit in reliance on the visa for
                               which the application is made*.
                       e. Every person expressing an interest in obtaining an invitation to
                          apply for residence under s13E of the Immigration Act 1987 must
                          inform a visa or 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
                                residence; or
                            ii may affect a decision to issue a residence visa or grant a residence
                               permit as a consequence of the invitation to apply for residence.
                       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 policy.
                       g. Failure to comply with the requirements of (d) or (e) above:
                            i   amounts to ‘concealment of information’ for the purposes of
                                ss20(1)(b) and (c) and 20A(1)(b) and (c) of the Immigration Act
                                1987; and
                            ii renders any visa or permit granted subject to cancellation or
                               revocation.
                       h. It is sufficient grounds for the Minister of Immigration or a visa
                          officer or immigration officer to decline to issue a visa or grant a
                          permit to a person if the Minister or officer is satisfied that the
                          person:
                                                         Chapter 14 Residence         14-5


               i   whether personally or through an agent, in expressing their
                   interest in obtaining an invitation to apply for residence 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 a visa officer or 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 permit; or
               iii whether personally or through an agent, in applying for the visa or
                   permit submitted false or misleading information or withheld
                   relevant information that was potentially prejudicial to the issue
                   of the visa or grant of the permit; or
               iv did not ensure that a visa officer or 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 residence will be given
           the opportunity to comment before a decision is made to decline to issue
           a visa or grant a permit on the basis of any potentially prejudicial
           information that they are not necessarily aware of.

           R5.20.10 Documenting decisions
           All visa and immigration officers must observe the following procedures
           to ensure that decisions on applications for residence 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 is outside policy on several grounds, the letter
              declining their application must state why the applicant fails on each
              count.

                                                                 Effective 15/12/2003

R5.25 Reclaiming airfares and expenses
           a. If a person included in a residence application has been previously
              removed or deported or repatriated from New Zealand, no visa may
              be issued or permit granted to anyone included in the application
              until all expenses incurred by the NZIS in removing or deporting or
              repatriating them are repaid.
14-6   Residence     Chapter 14


                         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 26/07/99

              R5.30 Approving an application
                         Applications for residence must be approved if the visa or immigration
                         officer is satisfied that:
                         a. the applicant has provided evidence required by applicable
                            Government residence policy, and any additional evidence requested
                            by the visa or immigration officer; and
                         b. the applicant meets applicable Government residence policy
                            including the requirements of health and character policy.

                                                                                  Effective 26/07/99

              R5.35 Later application under Family category by previous applicants
                         See R5.35 Effective 01/03/2000
                         See R5.35 Effective 26/07/1999

                         An applicant for residence in New Zealand under the Family category
                         policy must not be approved for residence under that policy if their
                         application is based on their relationship to a New Zealand resident or
                         citizen who originally obtained residence as the partner* or dependent
                         child(ren)* of the applicant or the applicant's partner*.

                                                                               Effective 29/09/2003

              R5.40 Later application by partner* and dependent children*
                         See R5.40 Effective 29/09/2003
                         See R5.40 Effective 26/07/1999
                         a. The partner* and/or dependent children* of successful principal
                            applicants* under the previous General Skills category, Skilled
                            Migrant Category, Business Immigration Policy or the previous
                            Business Investor category who:
                             i    would been eligible for inclusion in that successful application,
                                  and
                             ii who later applies for residence under the Family or Humanitarian
                                categories,
                                  will be subject to the criteria of the English language policy for
                                  Skilled Migrant Category or Business Immigration policy
                                  applications applying at the time the application under the Family
                                  category or Humanitarian category is made*.
                         b. Such applicants will be subject to the applicable English language
                            policy as if they were non-principal applicants* under those policies.
                                                               Chapter 14 Residence   14-7


           c. Applicants who would have been eligible for inclusion in an earlier
              General Skills or Skilled Migrant Category application will be
              subject to the English language policy for Skilled Migrant Category
              applications applying at the time the application under Family
              category policy is made*.
           d. Applicants who would have been eligible for inclusion in an earlier
              Business Investor category or Business Immigration Policy
              application will be subject to the English language policy for
              Business Immigration Policy applications applying at the time the
              application under Family category policy is made*.

                                                                     Effective 15/12/2003

R5.42 People granted permits under W3.145 October 2000 Transitional Policy
           Immigration (Special Regularisation) Regulations 2000

           a. People who:
               i   are or were exempt from the requirement to hold a permit to be in
                   New Zealand by virtue of the Immigration (Special
                   Regularisation) Regulations 2000, and/or
               ii have been granted work or student permits under W3.145 October
                  2000 Transitional Policy,
               will not have an application for residence approved under any of the
               provisions of Government residence policy except S4.1 October 2000
               Residence Policy.
           b. Despite paragraph (a) people who:
               i   have applied for a residence permit under S4.1 October 2000
                   Residence Policy, and
               ii have been declined on the grounds that, although two years have
                  elapsed since they were first granted a permit under W3.145
                  October 2000 Transitional Policy, they have spent more than 90
                  days out of New Zealand,
               may be granted a residence permit or residence visa under any other
               category of Government residence policy if they meet the
               requirements for approval under any of those categories.

                                                                     Effective 01/10/2000
14-8   Residence     Chapter 14


              R5.45 Approval in principle
                          See R5.45 Effective 15/12/2003
                          See R5.45 Effective 01/07/2002
                          See R5.45 Effective 29/04/2002
                          See R5.45 Effective 01/07/2000
                          See R5.45 Effective 26/07/1999
                          a. An application for residence is approved in principle at such time as a
                             visa or immigration officer is satisfied that all evidential and
                             verification requirements necessary to demonstrate eligibility under
                             the relevant policy have been met with the exception of the payment
                             of any applicable migrant levy (see R5.90), settlement information
                             fee or 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 levy 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 or visa officer is
                             satisfied that circumstances warrant extending that period.

                          R5.45.1 Information received after approval in principle has been
                                   given
                          Immigration Act 1987 s 14B (4)

                          a. After giving approval in principle and before making a final decision
                             on an Investor category application made* before 4 July 2005,
                             immigration and visa officers must take into account any acceptable
                             evidence that alters the points allocation or the basis of the points
                             allocation.
                          b. 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 before a final decision* on
                             their eligibility under Government residence policy (including Health
                             and Character requirements policy) is made on the basis of any
                             potentially prejudicial information that comes to light after approval
                             in principle.

                                                                               Effective 04/07/2005

              R5.50 Lapsing an application on the grounds that...
                          R5.50 Lapsing an application on the grounds that the applicant has
                          failed to provide their travel document to NZIS

                          See R5.50 Effective 26/07/1999
                          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 the NZIS for the issue of a residence visa or
                             grant of a residence permit within 6 months from the date of advice
                             that the application has met the policy requirements for approval.
                                                        Chapter 14 Residence        14-9


           b. Visa and 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.

                                                               Effective 01/07/2003

R5.55 Declining an application
           See R5.55 Effective 29/09/2003
           See R5.55 Effective 26/07/1999
           a. Where application is being declined because:
               i   it does not meet Government residence policy or is lapsed under
                   the provisions at R5.50, refer to R5.55.1 and R5.55.5 for
                   instructions.
               ii person included in the application is a person to whom section
                  7(1) applies, refer to R5.55.15 for instructions.

           R5.55.1 Declining an application where it does not meet Government
                    residence policy or is lapsed under the provisions at R5.50
           a. Applications that do not meet Government residence policy criteria
              and applications that are considered to be lapsed under the provisions
              at R5.50 must be declined.
           b. If an application is declined, visa and 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 Residence Review Board and how
                  they should lodge the appeal.
               Note: The form Appeal to the Residence Review Board must be
               enclosed with the letter advising that the application has been
               declined.
           c. Visa and 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 Residence Review Board (RRB)
           a. Any person who has applied for residence on or after 18 November
              1991 and has been refused a residence visa or residence permit by the
              NZIS may lodge an appeal to the RRB.
14-10   Residence      Chapter 14


                           b. Appeals must be lodged within 42 days after the date that a letter
                              advising that an application for residence has been declined, is
                              posted.
                           c. Appeals must be lodged on the form Appeal to the Residence Review
                              Board 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 Residence Review Board for
                               applicants who have been declined on the basis that section 7(1)
                               applies to them (see R5.55.15).

                           R5.55.10 Ministerial appeals and representations
                           People whose residence applications were lodged before 18 November
                           1991 and were declined, may appeal to the Minister of Immigration once
                           only. If the Minister of Immigration makes a decision on an appeal that
                           is not in favour of the appellant, there is no further right of appeal.

                           R5.55.15 Declining an application where it includes a person to whom
                                    section 7(1) applies
                           a. Pursuant to A5.20, any application including a person to whom
                              section 7(1) of the Immigration Act 1987 applies, must be declined
                              unless covered by one of the exceptions identified at A5.20(a).
                           b. If an application is declined, visa and 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 issue of a residence visa or the grant of a residence
                              permit by virtue of section 13B(5).
                               Note: An application declined on this basis shall not be assessed
                               under government residence policy.
                           c. Visa and immigration officers must record the date that any letter
                              advising that the application has been declined, is posted.
                               Note: An applicant to whom section 7(1) applies who is included in
                               an application declined on this basis has no right of appeal to the
                               Residence Review Board, but other applicants included in that
                               application to whom section 7(1) does not apply, may appeal.

                                                                                Effective 15/12/2003

               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.
                                                        Chapter 14 Residence     14-11


           b. The date of final decision* on an application that is approved is the
              date of issue of the residence visa (if the principal applicant* is
              overseas) or the date of the grant of the residence permit (if the
              principal applicant* is in New Zealand).

                                                                  Effective 26/07/99

R5.65 Residence visas
           See R5.65 Effective 01/07/2000
           See R5.65 Effective 26/07/99

           Immigration Act 1987 s 14B(1)

           a. All residence visas (with the exception of residence visas issued to
              principal applicants* under the Samoan Quota Scheme (see
              S1.10.30)) are current for travel to New Zealand for 12 months from
              their date of issue.
           b. No renewals or extensions may be granted.
           c. People with residence visas who fail to travel to New Zealand while
              their residence visa remains current must submit a further residence
              application if they still wish to live in New Zealand.
           d. Any new residence application must be lodged* in the prescribed
              manner and will be assessed against policy applying at the time the
              new application is made*.
           e. Visas are issued only if the applicant's travel document is current for
              the proposed currency of the visa.

           R5.65.1 Newborn children of residence visa holders
           a. Children born to applicants who hold residence visas but have not yet
              been granted residence permits, 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 fully completed and acceptable NZIS medical certificate, and
               iv an acceptable travel document.
           b. Newborn children added to General Skills category, Skilled Migrant
              Category, Investor category, Entrepreneur category, Employees of
              relocating businesses category or Family category applications after
              residence visas are issued to the rest of the family (with the exception
              of those applicants described at R5.90(a)), are subject to Migrant
              Levy policy (see R5.90).

                                                                Effective 15/12/2003
14-12   Residence     Chapter 14


               R5.70 Residence permits
                          See R5.70 Effective 01/10/2001
                          See R5.70 Effective 26/07/1999

                          Immigration Act 1987 ss 16 and 17

                          a. Residence permits are granted to allow either an indefinite stay in
                             New Zealand or an indefinite stay in New Zealand subject to
                             requirements.
                          b. Residence permits expire when the holders leave New Zealand, and if
                             holders of residence permits wish to return to New Zealand, they
                             require a returning resident's visa (see X2).
                          c. Residence permits are placed in the applicant's current passport or
                             other travel document or, if the applicant does not possess a valid
                             passport or travel document, in an NZIS certificate of identity.
                              Note: An NZIS certificate of identity is not a travel document.

                          R5.70.1 Residence permits subject to requirements
                          Immigration Act 1987 s 18A(1)

                          a. When a principal applicant* is granted a residence permit subject to
                             requirements, the residence permits of any accompanying partner*
                             and dependent child* will be subject to the requirement that "the
                             principal applicant* comply with the requirements of the principal
                             applicant's* permit".
                          b. For applications based on partner*, and dependent child*
                             relationships, any applicant who is sponsored or supported by a
                             person whose residence is subject to requirements at the time the
                             sponsorship was undertaken or support given, will be granted a
                             residence permit subject to the requirement that "[name of supporter
                             or sponsor] comply with the requirements of [his or her] permit".

                                                                              Effective 29/09/2003

               R5.75 Status of people applying for a residence permit while in New Zealand
                          Immigration Act 1987 s 4(3)

                          The fact that a person has applied for a residence permit 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 permit
                             while the application is considered; or
                          d. prevent that person being removed from New Zealand.

                                                                                 Effective 26/07/99
                                                            Chapter 14 Residence     14-13


R5.80 Referring residence decisions to the Minister
            Immigration Act 1987 ss 14B(2), 17A(2)

            No visa or immigration officer may refer an application for a residence
            visa or permit to the Minister of Immigration for a decision in the first
            instance unless the Minister gives a special direction to do so (see RA35).

            Note: The effect of the Minister becoming personally involved in the
            decision in the first instance is to deprive the applicant of appeal rights.

                                                                      Effective 26/07/99

R5.85 Settlement information fee
            Note: Following changes to the Immigration Amendment Regulations
            (No 2) 2003, the policy in R5.85 - R5.85.1 will not apply to applications
            lodged on or after 1 July 2003.


            See R5.85 Effective 26/07/00

            Immigration Regulations 1999 reg 42(1)

            a. A settlement information fee of NZ$90 applies to all successful
               principal or sole applicants whose residence visa or permit is issued
               or granted on or after 1 July 1998.
            b. The settlement information fee does not apply to citizens of Samoa,
               those recognised as refugees and people who are granted a residence
               permit under S4.1 October 2000 Residence Policy.
            c. The principal or sole applicant will be notified of the requirement to
               pay and the amount of the settlement information fee in the letter
               advising that their application has been approved in principle.
            d. The principal or sole applicant must pay the settlement information
               fee before a residence visa is issued or residence permit is granted.

            R5.85.1 Refunds of settlement information fee
            a. If a settlement information fee is paid but the principal applicant* and
               dependants do not take up residence, a refund may be granted upon
               request to the NZIS. The request must be made in writing.
            b. Requests made more than 6 months after the expiry date of any
               unused residence visa will not be considered.
            c. Visa and immigration officers who have been delegated the authority
               to refund the fee (under section 149(2) of the Immigration Act 1987)
               must normally be satisfied that:
                i   neither the principal applicant* nor any of the dependants have
                    taken up residence, and
                ii all their residence visas and returning residents' visas are no
                   longer current, or
14-14   Residence     Chapter 14


                              iii special circumstances exist that warrant a refund of the fee as an
                                  exception to paragraph (b) above.
                          d. The person who paid the fee will be refunded the amount of the fee.

                                                                                Effective 01/10/2000

               R5.90 Migrant levy
                          See R5.90 Effective 01/07/2004
                          See R5.90 Effective 15/12/2003
                          See R5.90 Effective 29/09/2003
                          See R5.90 Effective 29/04/2002
                          See R5.90 Effective 01/07/2000

                          Immigration Regulations 1999 reg 45

                          a. All successful principal applicants* and accompanying family
                             members under:
                              i     Family category (except citizens of Samoa and people applying
                                    on the basis of their relationship to a person granted residence
                                    under the special policy for refugees), and
                              ii General Skills category, and
                              iii Skilled Migrant Category, and
                              iv Residence from Work category, and
                              v     Investor category, and
                              vi Entrepreneur category, and
                              vii Employees of relocating businesses category, and
                              viii Family Quota category (except citizens of Samoa and people
                                   applying on the basis of their relationship to a person granted
                                   residence under the special policy for refugees), and
                              ix Pacific Access Category, and
                              x     Special residence policy for Zimbabwean citizens
                                    must pay a migrant levy, unless in the case of a Skilled Migrant
                                    Category application, the migrant levy has already been paid prior
                                    to a visa or permit being issued or granted as a consequence of a
                                    decision under the Work to Residence (Skilled Migrant Category)
                                    Policy.
                          b. The migrant levy for applicants under the General Skills category,
                             Skilled Migrant Category, the Residence from Work category, the
                             Investor category, the Entrepreneur category, Employees of
                             relocating businesses category, the Family category and the Family
                             Quota category and the Special residence policy for Zimbabwean
                             citizens is NZ$300 for each person whose residence visa is issued or
                             residence permit is granted on or after 1 July 2004, up to a maximum
                             of NZ$1200 for family members included in a single application.
                          c. The migrant levy for applicants under the Pacific Access category is
                             NZ$150 for each person whose residence visa is issued or residence
                             permit is granted on or after 1 July 2004, up to a maximum of
                             NZ$600 for family members included in a single application.
                                              Chapter 14 Residence     14-15


d. The principal applicant* is notified of the purpose and amount of the
   migrant levy in the letter advising that their application is approved in
   principle and must pay the migrant levy before a residence visa is
   issued or a residence permit is granted.

R5.90.1 Refunds of migrant levy
a. If a migrant levy is paid but the principal applicant* and partner* and
   dependent children* included in the application do not take up
   residence (or in the case of a person eligible to be issued and/or
   granted a visa and/or permit as a consequence of a decision under the
   Work to Residence (Skilled Migrant Category) Policy that work visa
   and/or permit is not issued or granted), a refund may be granted upon
   request to the NZIS. The request must be made in writing.
b. Requests made more than 6 months after the expiry date of any
   unused residence visa, or made more than 6 months after advice from
   the NZIS that a person is eligible to be issued and/or granted a visa
   and/or permit as a consequence of a decision made under the Work to
   Residence (Skilled Migrant Category) Policy, must be declined.
c. Visa and immigration officers who have been delegated the authority
   to refund the levy (under section 149(2) of the Immigration Act
   1987) 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 residence visas and returning residents' visas are no longer
      current*; or
   iii (in the case of a person eligible to be issued and/or granted a visa
       and/or permit as a consequence of a decision made under the
       Work to Residence (Skilled Migrant Category) Policy) that the
       visa and/or permit is not issued or granted.)
d. The person who paid the levy will be refunded the appropriate
   amount.

                                                     Effective 04/07/2005
                                                                                Chapter 15 Residence                15-1


CHAPTER 15

      R6 New Zealand Immigration Programme
                 See R6 Effective 26/07/1999




                 In This Chapter
                 R6.1 New Zealand Immigration Programme ....................................... 15-1
                 R6.5 Allocation of places within the New Zealand Residence
                 Programme .......................................................................................... 15-1
                 R6.10 Points systems ........................................................................... 15-2

      R6.1 New Zealand Immigration Programme
                 See R6.1 Effective 15/12/2003
                 See R6.1 Effective 01/07/2003
                 See R6.1 Effective 01/07/2002
                 See R6.1 Effective 01/10/2001
                 See R6 Effective 26/07/1999
                 a. The New Zealand Residence Programme consists of all persons
                    approved for residence in each year ending 30 June.
                 b. The New Zealand Residence Programme is set on an annual basis,
                    and any changes will be advised by an amendment to this policy.

                                                                                           Effective 24/07/2006

      R6.5 Allocation of places within the New Zealand Residence Programme
                 See R6.5 Effective 21/12/2005
                 See R6.5 Effective 15/12/2003
                 See R6.5 Effective 01/07/2003
                 See R6.5 Effective 01/07/2002
                 See R6.5 Effective 01/10/2001
                 See R6 Effective 26/07/1999
                 a. There are three streams within the New Zealand Residence
                    Programme:
                      i    The Skilled/Business stream;
                      ii The Family Sponsored stream; and
                      iii The International/Humanitarian stream.
                 b. The Government may, from time to time, reallocate places within the
                    three streams and/or add places to the three streams.
                 c. The annual allocation of places within the New Zealand Residence
                    Programme for the Skilled/Business stream is 60% of the number of
                    places available within the New Zealand Residence Programme.
15-2   Residence     Chapter 15


                         d. The annual allocation of places within the New Zealand Residence
                            Programme for the Family Sponsored stream is 30% of the number of
                            places available within the New Zealand Residence Programme.
                         e. The annual allocation of places within the New Zealand Residence
                            Programme for the International /Humanitarian stream is 10% of the
                            number of places available within the New Zealand Residence
                            Programme.

                                                                               Effective 24/07/2006

              R6.10 Points systems
                         See R6.10 Effective 21/12/2005
                         See R6.10 Effective 31/08/2004
                         See R6.10 Effective 15/12/2003
                         See R6.10 Effective 19/09/2002
                         See R6.10 Effective 30/08/2002
                         See R6.10 Effective 18/06/2002
                         See R6.10 Effective 26/03/2002
                         See R6.10 Effective 26/11/2001
                         See R6.10 Effective 01/10/2001
                         See R6 Effective 26/07/1999

                         Applications in the Skilled Migrant and Investor categories are assessed
                         under a points system.

                         R6.10.1 Investor category
                         a. In order to qualify for residence, principal applicants* in the Investor
                            category must first exceed an automatic fail mark under a points
                            system and also meet the passmark current at the time the application
                            is made*.
                         b. The passmark for the Investor Category within the Skilled/Business
                            stream is 12 points.

                         R6.10.5 Skilled Migrant Category
                         a. Expressions of Interest in being invited to apply for residence 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: Residence 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;
                                              Chapter 15 Residence      15-3


   ii Expressions of Interest that have total points of 100 or more but
      less than 140, and include points for offers of skilled employment
      or current skilled employment in New Zealand, are selected
      (according to their points ranking) in sufficient numbers to meet
      the requirements of the Skilled/Business Stream of the New
      Zealand Residence Programme (NZRP) at the time of that
      selection (subject to any adjustment to the number or distribution
      of places in the NZRP determined by the Government).
d. If, following the selection process set out at (c) above, further places
   are available in the Skilled/Business Stream of the NZRP at the time
   of that selection (subject to any adjustment to the number or
   distribution of places in the NZRP determined by the Government),
   additional Expressions of Interest may be selected from the Pool on
   the basis of criteria set from time to time by the Minister of
   Immigration, having regard to the objectives of the Skilled Migrant
   Category. Those criteria are specified at SM3.15.1.

                                                     Effective 24/07/2006
                                                                        Chapter 16 Residence            16-1


CHAPTER 16

      R7 Confirming a residence permit

                 In This Chapter
                 R7.1 When confirmation is required .................................................... 16-1
                 R7.5 Reinstatement of former holders of residence permits ................ 16-2
                 R7.10 Procedure for confirming residence permits.............................. 16-2
                 R7.15 Evidence required to confirm or reinstate residence status ....... 16-2

      R7.1 When confirmation is required
                 People who hold, or are considered to hold, a residence permit may need
                 to confirm their residence permit if, for example:
                     they have lost their original passport and wish to have a residence
                     permit placed in their new one, or
                     they are applying to the Department of Internal Affairs for New
                     Zealand citizenship, or
                     they never obtained a permit on arrival, or
                     they hold a permit granted under the Immigration Act 1964.

                 R7.1.1 Applicants who arrived before 2 April 1974
                 Immigration Act 1987 s 44
                 Immigration Regulations 1999 reg 11(1)

                 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 a visa or immigration officer that they are considered to hold a
                 residence permit under section 44 of the Immigration Act 1987, may have
                 their residence permit 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 2.4.74 and until at least
                    31 October 1987, apart from any period or periods spent in:
                     i    the Cook Islands, Niue or Tokelau, or
                     ii Australia (if during any such period they were Commonwealth
                        citizens or citizens of the Republic of Ireland, and were able to
                        live in either New Zealand or Australia without restriction); and
                 c. were in New Zealand at midnight on 31 October 1987; and
                 d. are not exempt under the Immigration Act 1987 from having to hold
                    a residence permit.

                                                                                    Effective 26/07/99
16-2   Residence     Chapter 16


              R7.5 Reinstatement of former holders of residence permits
                          People who formerly held residence permits and return to New Zealand
                          without current returning residents' visas (RRVs), and who are granted
                          temporary permits on arrival, may be granted residence permits if:
                          a. they would have been eligible to be granted an RRV before their
                             most recent arrival in New Zealand; and
                          b. any RRV granted would still have been current on the date of their
                             most recent arrival in New Zealand.

                                                                                  Effective 26/07/99

              R7.10 Procedure for confirming residence permits
                          See R7.10 Effective 26/07/1999
                          a. Applicants must apply on the form Application for Confirmation of
                             Visa or Permit (a fee is payable for applications for confirmation of
                             resident status by people to whom section 44(1) of the Immigration
                             Act 1987 applies (see R7.1.1))
                          b. Applicants must supply documented proof that they are (or are
                             considered under section 44 of the Immigration Act 1987 to be)
                             holders of residence permits or that R7.5 applies to their situation.
                          c. If applicants cannot provide proof of lawful residence, visa or
                             immigration officers must establish whether there is a file for the
                             applicant in NZIS records, and if so, they must check the file.
                          d. A new residence permit must be granted to confirm residence and
                             placed in the applicant's passport or travel document, or, if the
                             applicant does not have a current passport or travel document, in the
                             NZIS form Certificate of Identity.
                          e. If requested, confirmation of the date residence was originally
                             granted may be given in letter form, which 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 NZIS.
                             Note: a copy should be retained on the applicant's file.

                                                                                Effective 1/11/1999

              R7.15 Evidence required to confirm or reinstate residence status
                          a. Acceptable evidence may include the passport containing the original
                             residence permit or other entry authority applying at the time of entry
                             and/or documents showing continued residence since 2 April 1974,
                             such as:
                                  rates demands,
                                  driver's licenses,
                                           Chapter 16 Residence    16-3


       receipted power bills,
       income tax returns,
       school records,
       employment references,
       any other evidence requested by the NZIS.
b. Whenever replacement permits are granted, details of the evidence
   submitted to confirm residence status must be noted on the
   application form.

                                                    Effective 26/07/99
                                                                      Chapter 17 Residence          17-1


CHAPTER 17

      R8 Other applications

                  In This Chapter
                  R8.1 Holders of current returning residents' visas ............................... 17-1
                  R8.5 Holders of current Australian resident return visas ..................... 17-1

      R8.1 Holders of current returning residents' visas
                  Immigration Act 1987 s 14C

                  An application for a residence visa received from the holder of a current
                  returning resident's visa (RRV) must be declined on the basis that an
                  entitlement to residence already exists.

                  Note: This will not affect the holder's right to travel to New Zealand
                  before the expiry of the RRV and gain residence on arrival while the
                  RRV is current.

                                                                                 Effective 26/07/99

      R8.5 Holders of current Australian resident return visas
                  Immigration Regulations 1999 Schedule 1, Part 2

                  a. People who hold current Australian resident return visas may be
                     granted residence permits on arrival in New Zealand, provided that
                     they have not been excluded under section 7 of the Immigration Act
                     1987 (see A5.25)
                  b. If section 7(1) applies, a residence permit may be granted only in
                     accordance with a special direction made under section 7(3)(a)(ii)
                     (see RA35).

                                                                                 Effective 26/07/99
                                                                      Chapter 18 Residence          18-1


CHAPTER 18

      R9 Special cases

                 In This Chapter
                 R9.1 Granting a permit under section 35A .......................................... 18-1

      R9.1 Granting a permit under section 35A
                  Immigration Act 1987 s 35A

                 a. The Minister may at any time grant any type of permit to a person
                    who is:
                     i    in New Zealand, and
                     ii required to hold a permit to be in New Zealand, and
                     iii not the holder of a permit to be in New Zealand, and
                     iv not subject to a deportation order, and
                     v    not subject to a removal order.
                 b. The Minister's power to grant a permit in a special case has been
                    delegated to officers with schedule 1 delegations.
                 c. Officers must make decisions on the merits of the individual case
                    balanced against the public interest, and taking into account any
                    relevant international obligations. Current Government policy is
                    relevant, but not a deciding factor.
                 d. Under section 35A(2), no person has the right to apply for a permit
                    under section 35A, and if a person does make such an application:
                     i    the Minister or appropriate immigration officer is not obliged to
                          consider the application, and
                     ii whether an 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 35A(2) applies, and
                     iii section 23 of the Official Information Act 1982 (concerning the
                         right of access to reasons for decisions) does not apply.

                                                                                 Effective 26/07/99
                                                                                         Residence




Business
           In This Section
           BA Business Immigration Policy......................................................... 19-1
           BB Investor Category (Residence)(to 13/06/2005).............................. 22-1
           BC Long Term Business Visa/Permit Category .................................. 23-3
           BD Entrepreneur Category (Residence)............................................... 33-5
           BE Employees of Relocating Businesses Category (Residence) ......... 36-1
           BF English language requirements ...................................................... 43-3
           BG Migrant levy .................................................................................. 47-1
           BH Entrepreneur Category (post 20/11/2002) ..................................... 48-1
           BI Investor Category ............................................................................ 55-1
                                                                                                      Residence



BA Business Immigration Policy

                       In This Section
                       BA1 Objective...................................................................................... 19-1
                       BA2 Categories .................................................................................... 20-1
                       BA3 Streamlining................................................................................. 21-1
                                                           Chapter 19 Residence    19-1


CHAPTER 19

      BA1 Objective
               The objective of Business Immigration Policy 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 26/07/1999
                                                                             Chapter 20 Residence              20-1


CHAPTER 20

      BA2 Categories
                 See BA2 Effective 26/07/1999

                 The Business Immigration Policy consists of residence and temporary
                 entry categories.

                                                                                       Effective 20/11/2002


                 In This Chapter
                 BA2.1 Residence categories................................................................. 20-1
                 BA2.5 Temporary entry category......................................................... 20-2
                 BA2.10 Requirement for business category applicants to participate
                 in an evaluation process ...................................................................... 20-2

      BA2.1 Residence categories
                 See BA2.1 Effective 24/03/2003
                 See BA2.1 Effective 20/11/2002
                 See BA2 Effective 26/07/1999

                 The residence categories of the Business Immigration Policy are part of
                 the Government residence policy and are:
                      Investor category (see BI)
                      Entrepreneur category (see BD) (for people whose applications are
                      made* prior to 20 November 2002 and people who hold work permits
                      granted (or the grant of which was approved) under the Long Term
                      Business (Temporary Entry) category of Government immigration
                      policy prior to 20 November 2002)
                      Entrepreneur category (see BH)
                      Employees of relocating businesses category (see BE)

                 BA2.1.1 Generic policy provisions
                 The residence categories have generic policy provisions covering the
                 following matters:
                      English language requirements (see BF)
                      Payment of settlement information fee (see R5.85)
                      Payment of migrant levy (see R5.90)
                      Health and character requirements (see R4)

                                                                                       Effective 04/07/2005
20-2   Residence     Chapter 20


              BA2.5 Temporary entry category
                         See BA2 Effective 26/07/1999

                         The temporary entry category of the Business Immigration Policy is the
                         Long Term Business Visa/Permit category (see BC). This is a special
                         category of work visa, to which the generic elements of work visa/permit
                         policy apply, in addition to the generic English language provisions that
                         apply to the residence categories of Business Immigration Policy. Persons
                         who are granted a work visa or permit under the Long Term Business
                         Visa/Permit 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 application is made. Such residence category
                         requirements may differ from those that applied at the time that the
                         person’s Long Term Business Visa/Permit category application was made
                         or at the time of the grant of the work visa or permit under the Long Term
                         Business Visa/Permit category.

                                                                             Effective 20/11/2002

              BA2.10 Requirement for business category applicants to participate in an
              evaluation process
                         See BA2 Effective 26/07/1999

                         Applicants under all business categories must agree to participate in an
                         evaluation of the policy under which they were approved for a period of
                         up to 5 years after approval.

                                                                             Effective 20/11/2002
                                                           Chapter 21 Residence      21-1


CHAPTER 21

      BA3 Streamlining
               See BA3 Effective 26/07/1999
               a. Applications under the Business Immigration Policy will be given
                  priority processing.
               b. Applications under the Business Immigration Policy are to be
                  determined only by visa or immigration officers known as business
                  immigration specialists.
               c. Despite (b) above, applications under the Investor category may be
                  determined by visa and immigration officers other than business
                  immigration specialists where this is directed by the Chief Operating
                  Officer of the New Zealand Immigration Service.
               d. NZIS Branch Managers will provide liaison services for the business
                  immigration specialists to facilitate contact with applicants and the
                  processing of business immigration applications.

                                                                  Effective 20/11/2002
                                                                    Chapter 22 Residence       22-1


CHAPTER 22

BB Investor Category (Residence)(to 13/06/2005)
                        The policy in this section ceases to be effective from 12am midnight
                        (New Zealand time) 13 June 2005.

                                                                           Effective 13/06/2005
                                                                                                      Residence



BC Long Term Business Visa/Permit Category
                       See BC Effective 26/07/1999

                       In This Section
                       BC1 Objective...................................................................................... 23-1
                       BC2 Special category of work visa/permit .......................................... 24-1
                       BC3 Summary of requirements............................................................ 25-1
                       BC4 Business plan ............................................................................... 26-1
                       BC5 Principal applicant's* genuine interest in establishing a
                       business in New Zealand..................................................................... 27-1
                       BC6 Funds for maintenance and accommodation................................ 28-1
                       BC7 Evidence of meeting English language requirements .................. 29-1
                       BC8 Business immigration specialist's discretion................................ 30-1
                       BC9 Validity of work visas and permits and... .................................... 31-1
                       BC10 Changing a business proposal.................................................... 32-1
                                                            Chapter 23 Residence     23-1


CHAPTER 23

      BC1 Objective
               See BC Effective 26/07/1999

               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 20/11/2002
                                                                       Chapter 24 Residence           24-1


CHAPTER 24

      BC2 Special category of work visa/permit
                 See BC Effective 26/07/1999
                 a. Long Term Business Visas and/or Permits are a category of work
                    visa and/or permit allowing self-employment* in New Zealand.
                 b. As well as meeting the specific policy requirements of this category
                    applicants must also meet the requirements under Generic Temporary
                    Entry Policy.
                 c. Successful applicants will be granted and issued permits and/or
                    multiple entry work visas for periods of up to three years.

                                                                                Effective 20/11/2002


                 In This Chapter
                 BC2.1 Definition of self-employment.................................................. 24-1
                 BC2.5 Applicants must not seek welfare assistance ............................ 24-1

      BC2.1 Definition of self-employment
                 See BC Effective 26/07/1999
                 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. 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 20/11/2002

      BC2.5 Applicants must not seek welfare assistance
                 See BC2.5 Effective 20/11/2002
                 See BC Effective 26/07/1999

                 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
                 permits.

                                                                                Effective 29/09/2003
                                                             Chapter 25 Residence       25-1


CHAPTER 25

      BC3 Summary of requirements
               See BC3 Effective 20/11/2002
               See BC Effective 26/07/1999

               A principal applicant* for a Long Term Business Visa/Permit must:
               a. have completed a business plan* that meets the requirements of
                  BC4.5 for their business proposal; and
               b. have business experience relevant to their business proposal; and
               c. not have been involved in bankruptcy or business failure within the 5
                  years preceding the date their application was made*; and
               d. not have been involved in business fraud or financial impropriety;
                  and
               e. have obtained professional or occupational registration in New
                  Zealand if registration is required for operating the proposed
                  business, and
               f.   have, in addition to investment capital, sufficient funds (see BC6.1)
                    for their maintenance and accommodation and that of any partner*
                    and/or dependent children* who are applying for temporary visas
                    and/or permits to accompany the principal applicant* to New
                    Zealand; and
               g. meet Health and Character requirements policy (see A4 and A5); and
               h. meet the minimum standard of English (see BF); and
               i.   satisfy a business immigration specialist that they are genuinely
                    interested in establishing the business in New Zealand.

                                                                     Effective 29/09/2003
                                                                          Chapter 26 Residence            26-1


CHAPTER 26

      BC4 Business plan
                  See BC Effective 26/07/1999

                  In This Chapter
                  BC4.1 Definition of a business plan..................................................... 26-1
                  BC4.5 Requirements for a business plan ............................................. 26-1
                  BC4.10 Assessment of a business plan ................................................ 26-2
                  BC4.15 Criteria for a business benefiting New Zealand...................... 26-2
                  BC4.20 Verification of a business plan................................................ 26-2

      BC4.1 Definition of a business plan
                  See BC Effective 26/07/1999

                  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 20/11/2002

      BC4.5 Requirements for a business plan
                  See BC Effective 26/07/1999

                  Business plans must:
                      i    be no more than 3 months old on the date the application is
                           made*; and
                      ii include satisfactory evidence that the principal applicant* has
                         access to sufficient capital to finance their business proposal; and
                      iii include realistic financial forecasts; and
                      iv include evidence to satisfy a business immigration specialist that
                         the principal applicant* has business experience that is relevant to
                         their business proposal; and
                      v    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
                      vi include information about how the proposed business will benefit
                         New Zealand; and
                      vii include sufficient supporting documentation (including the
                          documentation listed from section C of the business plan form
                          onwards).

                                                                                   Effective 20/11/2002
26-2   Residence     Chapter 26


              BC4.10 Assessment of a business plan
                          See BC Effective 26/07/1999
                          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. The NZIS 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 20/11/2002

              BC4.15 Criteria for a business benefiting New Zealand
                          See BC Effective 26/07/1999
                          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 (other than employment for the principal
                                applicant*); 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*.

                                                                              Effective 20/11/2002

              BC4.20 Verification of a business plan
                          See BC Effective 26/07/1999
                          a. A business immigration specialist must be satisfied that documents
                             provided in support of the business plan are genuine and accurate,
                             and they may take any steps they determine necessary to verify such
                             documents and the information they contain.
                          b. A business immigration specialist may interview, or ask another
                             branch of the NZIS to interview, the principal applicant* in order to
                             determine whether or not the information contained in the business
                             plan is genuine and accurate.

                                                                              Effective 20/11/2002
                                                             Chapter 27 Residence        27-1


CHAPTER 27

      BC5 Principal applicant's* genuine interest in establishing a business
                in New Zealand
                See BC Effective 26/07/1999

                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 and/or permit.

                                                                    Effective 20/11/2002
                                                               Chapter 28 Residence       28-1


CHAPTER 28

      BC6 Funds for maintenance and accommodation
                 See BC6 Effective 20/11/2002
                 See BC Effective 26/07/1999

                 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 and/or permit.

                                                                       Effective 29/09/2003


                 In This Chapter
                 BC6.1 Evidence of funds for maintenance and accommodation ......... 28-1

      BC6.1 Evidence of funds for maintenance and accommodation
                 See BC Effective 26/07/1999

                 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 20/11/2002
                                                          Chapter 29 Residence       29-1


CHAPTER 29

      BC7 Evidence of meeting English language requirements
               See BC Effective 26/07/1999

               Principal applicants in the Long Term Business Visa/Permit category
               must meet a minimum standard of English (see BF2).

                                                                 Effective 20/11/2002
                                                               Chapter 30 Residence       30-1


CHAPTER 30

      BC8 Business immigration specialist's discretion
                See BC Effective 26/07/1999

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

                                                                       Effective 20/11/2002
                                                                               Chapter 31 Residence               31-1


CHAPTER 31

      BC9 Validity of work visas and permits and...
                 BC9 Validity of work visas and permits and issue and grant of
                 further work visas and permits

                 See BC Effective 26/07/1999
                 a. Successful principal applicants* under this policy will be granted a 9
                    month work permit (and issued a corresponding multiple entry work
                    visa) to allow them to establish and commence the operation of the
                    proposed business in New Zealand.
                 b. A further work permit may be granted (and corresponding multiple
                    entry work visa issued) for the balance of the 3 year period (i.e.27
                    months) if the principal applicant* applies within the validity of their
                    current work permit and/or 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 to New Zealand through the
                           banking system; and
                      ii reasonable steps have been taken to establish or invest in the
                         business as set out in the business plan.
                 c. The requirement for a further application fee at this time will be
                    waived unless a business immigration specialist considers that
                    substantial additional work is required to process the application.
                 d. 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 permit may be granted (and corresponding multiple
                    entry work visa issued) 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 permit (and issued a
                    corresponding multiple entry 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 20/11/2002


                 In This Chapter
                 BC9.1 Evidence of reasonable steps taken to establish and
                 operate a business................................................................................ 31-1
                 BC9.5 Conditions specified on visas and/or permits ........................... 31-2

      BC9.1 Evidence of reasonable steps taken to establish and operate a business
                 See BC Effective 26/07/1999
                 a. Evidence of transferring investment capital to New Zealand through
                    the banking system may include but is not limited to:
31-2   Residence     Chapter 31


                             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 20/11/2002

              BC9.5 Conditions specified on visas and/or permits
                         See BC Effective 26/07/1999

                         The conditions specified on the visa permit are that the permit will be for
                         work:
                             As: Self-employed
                             For: (proposed business type)
                             At: (proposed location)

                                                                               Effective 20/11/2002
                                                                               Chapter 32 Residence               32-1


CHAPTER 32

      BC10 Changing a business proposal
                 See BC Effective 26/07/1999

                 If the holder of a work visa and/or permit issued or granted under the
                 Long Term Business Visa/Permit category wishes to change their
                 business proposal within the validity of their visa and/or permit they must
                 seek the consent of a business immigration specialist to the change.
                 Consent may be given 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 permit may be revoked where the applicant is undertaking
                      business activities which breach the conditions of their permit.

                                                                                         Effective 20/11/2002




                 In This Chapter
                 BC10.1 Process for accepting or refusing a change to a
                 business proposal ................................................................................ 32-1
                 BC10.5 Renewal of work permits and visas beyond 3 years ............... 32-2
                 BC10.10 Process for renewals ............................................................. 32-2

      BC10.1 Process for accepting or refusing a change to a business proposal
                 See BC Effective 26/07/1999
                 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/permit will 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 policy is justified. In doing this,
                    they will take into account any circumstance that would warrant an
                    exception.
32-2   Residence     Chapter 32


                         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 revocation of their visa/permit may occur.

                                                                                Effective 20/11/2002

              BC10.5 Renewal of work permits and visas beyond 3 years
                         See BC10.5 Effective 20/11/2002
                         See BC Effective 26/07/1999
                         a. Further work permits may be granted (and corresponding multiple
                            entry work visas issued) 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 permit.
                         b. If the principal applicant* is seeking a renewal 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 permits and/or visas will be granted or issued 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 policy (see A4
                                and A5).

                                                                                Effective 29/09/2003

              BC10.10 Process for renewals
                         See BC Effective 26/07/1999
                         a. A business immigration specialist determines whether:
                                             Chapter 32 Residence       32-3


   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 policy, business immigration specialists
   must weigh up all the circumstances of the case to see whether an
   exception to policy is justified. In doing this, they will take into
   account any circumstance that would warrant an exception.

                                                     Effective 20/11/2002
                                                                                                      Residence



BD Entrepreneur Category (Residence)
                       See BD Entrepreneur Category Effective 20/11/2002
                       See BH Entrepreneur category post 20/11/2002

                       This category applies to persons whose applications were made* under
                       this category prior to 20 November 2002 and to people who hold work
                       permits granted (or the grant of which was approved) under the Long
                       Term Business category of Government immigration policy prior to 20
                       November 2002.

                                                                                                Effective 30/06/2003


                       In This Section
                       BD1 Objective...................................................................................... 33-1
                       BD2 Summary of requirements ........................................................... 34-1
                       BD3 Successful establishment of a business in New Zealand ............. 35-1
                                                           Chapter 33 Residence      33-1


CHAPTER 33

      BD1 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 26/07/1999
                                                                            Chapter 34 Residence              34-1


CHAPTER 34

      BD2 Summary of requirements

                 In This Chapter
                 BD2.1 Successful establishment of a business in New Zealand
                 that is benefiting the country............................................................... 34-1
                 BD2.5 English language requirements................................................. 34-1
                 BD2.15 Payment of Migrant Levy....................................................... 34-1

      BD2.1 Successful establishment of a business in New Zealand that is benefiting
      the country
                 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 in some way.

                                                                                      Effective 26/07/1999

      BD2.5 English language requirements
                 Applicants in the Entrepreneur category must meet the minimum standard
                 of English or be eligible to meet English language requirements through
                 the pre-purchase of ESOL tuition (see BF).

                                                                                      Effective 26/07/1999

      BD2.15 Payment of Migrant Levy
                 See BD2.15 Effective 01/07/2000
                 See BD2.15 Effective 26/07/1999

                 Applicants approved under the Entrepreneur category are required to pay
                 a Migrant Levy (see R5.90).

                                                                                      Effective 01/07/2003
                                                                                Chapter 35 Residence               35-1


CHAPTER 35

      BD3 Successful establishment of a business in New Zealand

                 In This Chapter
                 BD3.1 Criteria for successfully establishing a business in
                 New Zealand ....................................................................................... 35-1
                 BD3.5 Definitions ................................................................................ 35-1
                 BD3.10 Criteria for a business benefiting New Zealand...................... 35-1
                 BD3.15 Residence visas/permits for entrepreneurs ............................. 35-2
                 BD3.20 Evidential requirements for entrepreneurs.............................. 35-2
                 BD3.25 Verification............................................................................. 35-3

      BD3.1 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 26/07/1999

      BD3.5 Definitions

                 BD3.5.1 Substantial investment
                 Substantial investment means the purchase of 25% or more of the
                 shareholding of a business.

                 BD3.5.5 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.

                                                                                          Effective 26/07/1999

      BD3.10 Criteria for a business benefiting New Zealand
                 A business may be considered to benefit New Zealand if it promotes New
                 Zealand's economic growth through, for example:
                      i    technology, management or technical skills, or
                      ii products or services; or
                      iii export markets; or
35-2   Residence     Chapter 35


                             iv employment (including employment of the principal applicant*
                                only); or
                             v    an existing business.
              BD3.15 Residence visas/permits for entrepreneurs
                         a. Residence visas issued to entrepreneurs will be current for 12 months
                            from the date of issue.
                         b. Potential migrants will not be required to apply for a work
                            visa/permit under the Long-Term Business category, and could apply
                            directly for residence on the basis of having already established a
                            successful business.
                         c. Principal applicants* who are on a long-term business permit will not
                            have to wait the 3 years until that permit expires before applying for
                            residence under the Entrepreneur category.
                             Note: BD3.1(b) specifies a two-year threshold for principal
                             applicants* under the Entrepreneur category.

                                                                              Effective 26/07/1999

              BD3.20 Evidential requirements for entrepreneurs

                         BD3.20.1 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:
                                  a certificate of incorporation
                                  audited accounts
                                  GST records
                                  other tax records.
                         c. The business immigration specialist may request any other
                            documents to support the application.

                         BD3.20.5 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:
                                  audited accounts
                                  tax records
                                  export/import documentation, such as letters of credit
                                  employment records.
                                                           Chapter 35 Residence      35-3


            b. The business immigration specialist may request any other
               documents to support the application.

                                                                   Effective 26/07/1999

BD3.25 Verification
            a. Business immigration specialists must be satisfied that documents
               provided as evidence of having established a successful business are
               genuine and accurate, and they may take any steps they determine
               necessary to verify such documents and the information they contain.
            b. If necessary, the business immigration specialist may, :
               i      interview the principal applicant*, and/or
               ii visit the business site or arrange a visit, on their behalf, by another
                  immigration officer.

                                                                   Effective 26/07/1999
                                                                                                        Residence



BE Employees of Relocating Businesses Category (Residence)

                       In This Section
                       BE1 Objective ...................................................................................... 36-1
                       BE2 Summary of requirements ............................................................ 37-1
                       BE3 Evidential requirements ............................................................... 38-1
                       BE4 Process ......................................................................................... 39-1
                       BE5 General rules for approval in principle and.................................. 40-1
                       BE6 Residence visas/permits ............................................................... 41-1
                       BE7 After the two-year employment period has expired..................... 42-1
                                                           Chapter 36 Residence         36-1


CHAPTER 36

      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 26/07/1999
                                                                         Chapter 37 Residence           37-1


CHAPTER 37

      BE2 Summary of requirements
                  The following considerations normally apply, but applications are
                  decided on a case by case basis.

                                                                                  Effective 26/07/1999


                  In This Chapter
                  BE2.1 Employee of a relocating business............................................ 37-1
                  BE2.5 Ineligibility for approval under any other category .................. 37-1
                  BE2.10 Compliance with employment and immigration law .............. 37-2
                  BE2.15 English language requirements ............................................... 37-2
                  BE2.20 Payment of Migrant Levy ....................................................... 37-2

      BE2.1 Employee of a relocating business
                  See BE2.1 Effective 20/11/2002
                  See BE2.1 Effective 26/07/1999

                  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: The New Zealand Immigration Service 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 29/09/2003

      BE2.5 Ineligibility for approval under any other category
                  Principal applicants* in the Employees of Relocating Businesses category
                  are required to show that they are not eligible for approval under any of
                  the other categories of Government residence policy.

                                                                                  Effective 26/07/1999
37-2   Residence     Chapter 37


              BE2.10 Compliance with employment and immigration law
                         See BE2.10 Effective 26/07/1999

                         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 adult or youth
                            minimum wage or other contracted industry standard; and
                         b. meeting holiday and special leave requirements or other minimum
                            statutory criteria, e.g. occupational safety and health obligations; and
                         c. only employing people who have authority to undertake that work
                            under the Immigration Act 1987.

                                                                              Effective 20/11/2002

              BE2.15 English language requirements
                         See BE2.15 Effective 20/11/2002

                         Principal applicants* in the Employees of Relocating Businesses category
                         must meet the minimum standard of English (see BF2).

                         Any partner* or dependent children aged 16 years and over who are
                         included in the application must meet a minimum standard of English or,
                         where policy allows, pre-purchase of ESOL tuition (see BF1.1).

                                                                              Effective 29/09/2003




              BE2.20 Payment of Migrant Levy
                         See BE2.20 Effective 01/07/2000

                         Applicants approved under the Employees of Relocating Businesses
                         category are required to pay a Migrant Levy (see R5.90).

                                                                              Effective 01/07/2003
                                                                                Chapter 38 Residence                38-1


CHAPTER 38

      BE3 Evidential requirements

                 In This Chapter
                 BE3.1 Evidence concerning the relocating business............................ 38-1
                 BE3.5 Evidence concerning the employee's role in the
                 relocating business .............................................................................. 38-2
                 BE3.10 Evidence of ineligibility for approval under any
                 other category...................................................................................... 38-2

      BE3.1 Evidence concerning the relocating business
                 See BE3.1 Effective 20/11/2002
                 See BE3.1 Effective 26/07/1999
                 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* );
38-2   Residence     Chapter 38


                          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 29/09/2003

              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 26/07/1999

              BE3.10 Evidence of ineligibility for approval under any other category
                          The principal applicant* must show why they are not eligible for
                          approval under any other category of Government residence policy.

                                                                               Effective 26/07/1999
                                                          Chapter 39 Residence      39-1


CHAPTER 39

      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 Trade NZ (New Zealand
                 Trade Development Board) and may also consult the appropriate
                 NZIS branch/es.
              c. In assessing the application, the business immigration specialist must
                 check that claims of non-eligibility under other categories of
                 Government Residence policy are plausible, and that the other policy
                 criteria are met.

                                                                  Effective 26/07/1999
                                                                                  Chapter 40 Residence                 40-1


CHAPTER 40

      BE5 General rules for approval in principle and...
                 BE5 General rules for approval in principle and relocation of
                 business

                 See BE5 Effective 20/11/2002
                 See BE5 Effective 26/07/1999

                 Principal applicants* who meet the criteria of the Employees of
                 Relocating Businesses category will be advised that:
                 a. their application has been approved in principle; and
                 b. residence visas/permits may be issued or 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
                          settlement information fee; 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 BF); and
                 c. residence/permits will be issued or granted subject to requirements
                    under section 18A of the Immigration Act 1987.

                                                                                             Effective 29/09/2003


                 In This Chapter
                 BE5.1 Time frame for a business relocation to New Zealand.............. 40-1
                 BE5.5 Failure of a business to relocate to New Zealand...................... 40-2
                 BE5.10 Interim temporary visa/permit to arrange business
                 relocation............................................................................................. 40-2

      BE5.1 Time frame for a business relocation to New Zealand
                 See BE5.1 Effective 26/07/1999

                 Principal applicants* must provide evidence that the requirements of
                 BE5(b)(i) to (iv) are met within 24 months of approval in principle.

                                                                                             Effective 20/11/2002
40-2   Residence     Chapter 40


              BE5.5 Failure of a business to relocate to New Zealand
                         Applications for residence 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 26/07/1999

              BE5.10 Interim temporary visa/permit to arrange business relocation
                         See BE5.10 Effective 26/07/1999
                         a. After approval in principle, a work visa may be issued or a work
                            permit 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 multiple entries to and for travel
                            and stay in New Zealand, for 24 months after approval in principle
                            has been given.
                         c. Visitors' visas/permits for the same period may be issued or granted
                            (once an application has been lodged*) to the principal applicant's*
                            partner* and dependants. (See E4.1.10.)
                         d. Student visas/permits for the same period may be issued or granted
                            (once an application is lodged*) to those of the principal applicant's*
                            dependants who wish to study, in accordance with current student
                            policy.

                                                                              Effective 29/09/2003
                                                               Chapter 41 Residence       41-1


CHAPTER 41

      BE6 Residence visas/permits
                 Residence visas issued under this category will be current for 12 months
                 from the date of issue.

                                                                       Effective 26/07/1999


                 In This Chapter
                 BE6.1 Residence visas and/or permits subject to requirements ........... 41-1
                 BE6.5 Endorsement of permit when requirements are met.................. 41-2

      BE6.1 Residence visas and/or permits subject to requirements
                 See BE6.1 Effective 20/11/2002
                 See BE6.1 Effective 26/07/1999

                 Immigration Act 1987 s 18A(1)

                 a. Under the Employees of Relocating Businesses category, a residence
                    visa/permit and returning resident's visa is issued or granted to a
                    principal applicant* and accompanying partner* and dependent
                    children with requirements imposed under section 18A of the
                    Immigration Act.
                 b. The Employees of Relocating Businesses category requirements that
                    may be imposed by letter on the residence visas/permits and returning
                    residents' visas are:
                     i   that, the permit holder is employed in the relocated business for
                         the 24 months following the relocation of the business; and
                     ii that, if the permit holder is in a position to ensure that the
                        relocating business complies with all relevant employment and
                        immigration law in New Zealand, the business has done so; and
                     iii that, the permit holder informs the nearest branch of the NZIS 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 permit holder must submit suitable
                        evidence that requirements (i) to (ii) have been met.
                 c. If a principal applicant* is issued with or granted a residence
                    visa/permit and returning resident's visa subject to requirements, the
                    residence visa/permit and returning resident's visa of any
                    accompanying partner* and dependent children must be subject to the
                    same requirements.
                 d. For further information about the implications of visas/permits
                    subject to requirements, see RA40.
41-2   Residence     Chapter 41



                         BE6.1.1 Imposing Requirements
                         Principal applicants* are advised of any requirement imposed in a letter
                         that states:
                         a. the requirements; and
                         b. that failure to comply with the requirements may result in the
                            revocation of the permit under section 20(1)(d) of the Immigration
                            Act 1987; and
                         c. that the requirement will continue to apply while any returning
                            resident’s visa issued is still current; and
                         d. that the requirement will apply to any residence permit granted on the
                            applicant’s return to New Zealand within the 2 year period following
                            the grant of their initial residence permit.

                         BE6.1.5 Reminder from the NZIS to provide evidence that
                                  requirements have been met
                         Three months before the expiry of the 24-month employment period the
                         NZIS will write to the principal applicant* requesting that evidence of
                         requirements being met be provided within 3 months after the expiry of
                         the 24-month employment period.

                                                                             Effective 29/09/2003

              BE6.5 Endorsement of permit when requirements are met
                         See BE6.5 Effective 26/07/1999
                         a. To enable the residence permit to be endorsed to the effect that any
                            requirements imposed under section 18A of the Immigration Act
                            1987 have been met, the permit 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 permit 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 20/11/2002
                                                                       Chapter 42 Residence          42-1


CHAPTER 42

      BE7 After the two-year employment period has expired

                 In This Chapter
                 BE7.1 Compliance with requirements ................................................. 42-1
                 BE7.5 Non-compliance with requirements .......................................... 42-1

      BE7.1 Compliance with requirements
                 When the applicant has satisfied a visa or immigration officer that the
                 applicant has met the requirements of the two-year employment
                 investment period in full, the visa or immigration officer will endorse the
                 residence permit/visa to this effect.

                                                                               Effective 26/07/1999

      BE7.5 Non-compliance with requirements
                 If the requirements have not been complied with, the residence permit
                 may be revoked under section 20(1)(d) of the Immigration Act 1987.

                                                                               Effective 26/07/1999
                                                                                                  Residence



BF English language requirements
                       See BF Effective 26/07/1999

                       In This Section
                       BF1 Principal applicants* .................................................................... 43-1
                       BF2 Minimum standards of English .................................................... 44-1
                       BF3 Pre-purchase of ESOL tuition ...................................................... 45-1
                       BF4 Transitional provisions for Entrepreneur applicants who... ......... 46-1
                                                                       Chapter 43 Residence           43-1


CHAPTER 43

      BF1 Principal applicants*
                 See BF1 Effective 20/11/2002
                 See BF Effective 26/07/1999
                 a. Principal applicants* under the Long-Term Business Visa, Investor,
                    Entrepreneur, and Employees of Relocating Businesses 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. Unless BF4 applies, applications under all categories of Business
                    Immigration Policy must be declined if the principal applicant* has
                    not met the minimum standard of English.

                                                                                Effective 29/09/2003


                 In This Chapter
                 BF1.1 Partners and dependent children................................................ 43-1

      BF1.1 Partners and dependent children
                 See BF1.1 Effective 20/11/2002
                 See BF Effective 26/07/1999

                 Partners and dependent children* aged 16 years and over, who are
                 included in applications under the Entrepreneur, Investor, or Employees
                 of Relocating Businesses categories may either:
                 a. show they meet the minimum standard of English, or
                 b. pre-purchase ESOL training.

                                                                                Effective 29/09/2003
                                                                      Chapter 44 Residence            44-1


CHAPTER 44

      BF2 Minimum standards of English
               See BF Effective 26/07/1999
               a. Unless BF4 applies, principal applicants* who lodge applications
                  under all categories of Business Immigration Policy, 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 5 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 visa or
                      immigration officer as meeting the minimum standard of English;
                      or
                   iii they provide other evidence which satisfies a visa or immigration
                       officer 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 visa or 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: 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 20/11/2002


               In This Chapter
               BF2.1 Evidence of an English-speaking background .......................... 44-2
               BF2.5 Circumstances that may indicate a person otherwise meets
               the minimum standard of English ....................................................... 44-3
               BF2.10 Employment in New Zealand.................................................. 44-3
               BF2.15 Evidence of employment in New Zealand .............................. 44-3
44-2   Residence     Chapter 44


              BF2.1 Evidence of an English-speaking background
                         See BF Effective 26/07/1999

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

                                                                               Effective 20/11/2002
                                                        Chapter 44 Residence      44-3


BF2.5 Circumstances that may indicate a person otherwise meets the minimum
standard of English
           See BF Effective 26/07/1999

           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 20/11/2002

BF2.10 Employment in New Zealand
           See BF Effective 26/07/1999

           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.
           'Employment' in the context of English language requirements policy
           does not include self employment.

                                                                Effective 20/11/2002

BF2.15 Evidence of employment in New Zealand
           See BF Effective 26/07/1999

           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 a address of the employer, or
              ii an employment contract with confirmation from the employer that
                 the applicant is still employed.
44-4   Residence   Chapter 44



                       Evidence that English was the language of employment is a written
                       statement from the employer that English was the primary language of
                       employment.

                                                                         Effective 20/11/2002
                                                                             Chapter 45 Residence              45-1


CHAPTER 45

      BF3 Pre-purchase of ESOL tuition
                 See BF3 Effective 20/11/2002
                 See BF Effective 26/07/1999
                 a. Non-principal applicants who pre-purchase English for Speakers of
                    Other Languages (ESOL) tuition, instead of meeting the minimum
                    standard of English, must pre-purchase ESOL tuition from TEC (the
                    Tertiary Education Commission) by paying the required charge to the
                    NZIS (who collect this charge on behalf of TEC). (See BF3.15.)
                 b. Before a residence visa is issued or a residence permit is granted,
                    applicants must pay any ESOL tuition charge due.

                                                                                       Effective 30/06/2003


                 In This Chapter
                 BF3.1 TEC to arrange ESOL tuition.................................................... 45-1
                 BF3.5 Applicant's agreement with TEC............................................... 45-2
                 BF3.10 Completion of Agreement ....................................................... 45-2
                 BF3.15 The amount of ESOL tuition to be pre-purchased by
                 non-principal applicants ...................................................................... 45-2
                 BF3.20 Failure to pre-purchase ESOL tuition ..................................... 45-3
                 BF3.25 Limited period to use ESOL tuition ........................................ 45-3
                 BF3.30 Refunds of ESOL tuition money ............................................. 45-3

      BF3.1 TEC to arrange ESOL tuition
                 See BF3.1 Effective 20/11/2002
                 See BF Effective 26/07/1999
                 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 NZIS 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 30/06/2003
45-2   Residence     Chapter 45


              BF3.5 Applicant's agreement with TEC
                         See BF3.5 Effective 20/11/2002
                         See BF Effective 26/07/1999
                         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 the NZIS 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.

                                                                                     Effective 30/06/2003

              BF3.10 Completion of Agreement
                         See BF3.10 Effective 20/11/2002
                         See BF Effective 26/07/1999
                         a. When an application for residence 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 the NZIS processing
                            office with the tuition fee(s).
                         c. If the Agreement is not signed and returned to the NZIS within the
                            time specified by the NZIS, the residence application must be
                            declined.
                         d. The NZIS copy of the Agreement should be sent to TEC, P O Box
                            27-048, Wellington, New Zealand.

                                                                                     Effective 30/06/2003

              BF3.15 The amount of ESOL tuition to be pre-purchased by non-principal
              applicants
                         See BF3.15 Effective 20/11/2002
                         See BF Effective 26/07/1999
                         a. Unless BF4 applies, 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$1,700                  NZ$1,500
                                  4 or more, but less than 4.5   NZ$3,350                  NZ$3,000
                                  3.5 or more, but less than 4   NZ$5,000                  NZ$4,500
                                  Less than 3.5                  NZ$6,650                  NZ$6,000
                         a. The charge includes the applicant's ESOL tuition entitlement, as well
                            as the NZIS and TEC administration costs.
                                                         Chapter 45 Residence      45-3


           b. If an applicant has not submitted IELTS results when requested, the
              maximum charge of NZ$6,650 applies.

                                                                 Effective 30/06/2003

BF3.20 Failure to pre-purchase ESOL tuition
           See BF Effective 26/07/1999

           Any ESOL tuition charge due must be paid before the grant of a
           residence visa or permit. If it is not paid to the NZIS within the specified
           time, the residence application must be declined.

                                                                 Effective 20/11/2002

BF3.25 Limited period to use ESOL tuition
           See BF Effective 26/07/1999
           a. If ESOL tuition is purchased in New Zealand, the applicant must
              complete the tuition within 3 years from the date of payment.
           b. If ESOL tuition is purchased outside New Zealand, the applicant
              must complete the tuition within 3½ years from the date of payment.
           c. ESOL tuition will not be available without further payment, nor will
              refunds be given, to applicants who do not take up ESOL tuition
              within the time limits specified in paragraphs (a) and (b).

                                                                 Effective 20/11/2002

BF3.30 Refunds of ESOL tuition money
           See BF3.30 Effective 30/06/2003
           See BF3.30 Effective 20/11/2002
           See BF Effective 26/07/1999
           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 the NZIS. The request must be made
              in writing.
           b. Requests made more than 6 months after the expiry date of any
              unused residence 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:
               i   have not taken up residence, and
               ii do not hold current residence visas or returning residents' visas.
           d. The person who paid the fee will be refunded only the ESOL
              entitlement. The NZIS and TEC administration costs will not be
              refunded.

                                                                 Effective 29/09/2003
                                                             Chapter 46 Residence      46-1


CHAPTER 46

      BF4 Transitional provisions for Entrepreneur applicants who...
                BF4 Transitional provisions for Entrepreneur applicants who held a
                work visa or permit granted under the Long Term Business Visa
                category prior to 20 November 2002 (that is, they were assessed
                under Entrepreneur policy listed at BD)

                See BF4 Effective 20/11/2002
                See BF Effective 26/07/1999
                a. Principal applicants* under the Entrepreneur category who held a
                   work permit granted under the Long-term Business Visa category
                   prior to 20 November 2002, meet the minimum standard of English
                   if:
                   i   they provide a certificate (no more than 2 years old at the time
                       their application under the Entrepreneur category is lodged*)
                       from the International English Language Testing System
                       (IELTS), which shows a minimum band score of 4 in each of the
                       4 components of 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 visa or
                      immigration officer as meeting the minimum standard of English;
                      or
                   iii they provide other evidence which satisfies a visa or immigration
                       officer that, taking account of that evidence and all the
                       circumstances of the application, the person meets the minimum
                       standard of English (see BF2.5), or
                   iv they pre-purchase ESOL tuition to the required level.
                b. In any case under (a) (ii) or (iii), a visa or 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: 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.
                c. Where applicants need to pre-purchase ESOL tuition, 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            Charge to be            ESOL
                         score                   paid                    entitlement
                         3.5 or more             NZ$1,700                NZ$1,500
                         Less than 3.5           NZ$3,350                NZ$3,000
46-2   Residence     Chapter 46


                         d. The charge includes the applicant's ESOL tuition entitlement, as well
                            as the NZIS and TEC administration costs.
                         e. If an applicant has not submitted IELTS results when requested, the
                            maximum charge of NZ$3,350 applies.

                                                                                       Effective 29/09/2003


                         In This Chapter
                         BF4.1 Partners* and dependent children*............................................ 46-2

              BF4.1 Partners* and dependent children*
                         See BF4.1 Effective 30/06/2003

                         Partners* and dependent children* aged 16 years and over, who are
                         included in applications under this category may either:
                         a. show they meet the minimum standard of English, or
                         b. pre-purchase ESOL training.

                                                                                       Effective 29/09/2003
                                                               Chapter 47 Residence     47-1


CHAPTER 47

BG Migrant levy
                  The policy contained in this chapter ceases to be effective as from
                  01/07/2000.

                  See BG Effective 26/07/99
                                                                                                       Residence



BH Entrepreneur Category (post 20/11/2002)
                        See BD Entrepreneur Category pre 20/11/2002

                                                                                                 Effective 20/11/2002


                        In This Section
                        BH1 Objective...................................................................................... 48-1
                        BH2 Summary of requirements ........................................................... 49-1
                        BH3 Relationship to Long Term Business Visa/Permit category ........ 50-1
                        BH4 Successful establishment of a business in New Zealand ............. 51-1
                        BH5 Evidential requirements for entrepreneurs................................... 52-1
                        BH6 Verification.................................................................................. 53-1
                        BH7 Approval in Principle................................................................... 54-1
                                                           Chapter 48 Residence      48-1


CHAPTER 48

      BH1 Objective
               See BH1 Effective 20/11/2002

               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.

               Note: This category does not apply to persons whose applications were
               made* prior to 20 November 2002 or people who hold work permits
               granted (or the grant of which was approved) under the Long Term
               Business (Temporary Entry) category of Government immigration policy
               prior to 20 November 2002).

                                                                   Effective 24/03/2003
                                                                            Chapter 49 Residence              49-1


CHAPTER 49

      BH2 Summary of requirements

                 In This Chapter
                 BH2.1 Successful establishment of a business that is
                 benefiting New Zealand ...................................................................... 49-1
                 BH2.5 Compliance with employment and immigration law................ 49-1
                 BH2.10 English language requirements............................................... 49-1
                 BH2.15 Health and Character requirement .......................................... 49-2
                 BH2.20 Payment of Migrant Levy....................................................... 49-2

      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 20/11/2002

      BH2.5 Compliance with employment and immigration law
                 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:
                 a. paying employees no less than the appropriate adult or youth
                    minimum wage or other contracted industry standard; and
                 b. meeting holiday and special leave requirements or other minimum
                    statutory criteria, e.g. occupational safety and health obligations; and
                 c. only employing people who have authority to undertake that work
                    under the Immigration Act 1987.

                                                                                      Effective 20/11/2002

      BH2.10 English language requirements
                 See BH2.10 Effective 20/11/2002

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

                 Any partner* or dependent children aged 16 years and over who are
                 included in the application must meet a minimum standard of English or,
                 where policy allows, pre-purchase of ESOL tuition (see BF1.1).

                                                                                      Effective 29/09/2003
49-2   Residence     Chapter 49


              BH2.15 Health and Character requirement
                         See BH2.15 Effective 20/11/2002

                         Principal applicants* and partners* and/or dependent children* included
                         in the application must meet Health and Character Requirements policy
                         (see R4).

                                                                            Effective 29/09/2003

              BH2.20 Payment of Migrant Levy
                         See BH2.20 Effective 20/11/2002

                         Applicants approved under the Entrepreneur category are required to pay
                         a Migrant Levy (see R5.90).

                                                                            Effective 01/07/2003
                                                                        Chapter 50 Residence           50-1


CHAPTER 50

      BH3 Relationship to Long Term Business Visa/Permit category

                 In This Chapter
                 BH3.1 Business established while the.................................................. 50-1
                 BH3.5 Consistency with business proposal under the Long
                 Term Business Visa/Permit category .................................................. 50-1
                 BH3.10 Direct applications under Entrepreneur category ................... 50-2

      BH3.1 Business established while the...
                 BH3.1 Businesses established while the principal applicant* was
                 holding a permit granted under the Long Term Business Visa/Permit
                 category

                 See BH3.1 Effective 20/11/2002

                 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 permit
                    granted under the Long Term Business Visa/Permit 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
                    permits.

                                                                                 Effective 29/09/2003

      BH3.5 Consistency with business proposal under the Long Term Business
      Visa/Permit 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 permit
                    granted under the Long Term Business Visa/Permit category; and
                 b. 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 or issued a work permit and/or visa; unless
                 c. the business that has been established would have met the
                    requirements for a business plan under Long Term Business
                    Visa/Permit category policy; and
50-2   Residence     Chapter 50


                         d. 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 permit and/or visa
                            under the Long Term Business Visa/Permit category; and
                         e. the applicant has relevant experience for the new business.

                                                                             Effective 20/11/2002

              BH3.10 Direct applications under Entrepreneur category
                         Principal applicants* are not required to have held a work permit under
                         the Long Term Business Visa/Permit category and may apply directly for
                         residence on the basis of having already successfully established a
                         business in New Zealand.

                                                                             Effective 20/11/2002
                                                                               Chapter 51 Residence               51-1


CHAPTER 51

      BH4 Successful establishment of a business in New Zealand

                 In This Chapter
                 BH4.1 Criteria for successfully establishing a business
                 in New Zealand ................................................................................... 51-1
                 BH4.5 Definitions ................................................................................ 51-1
                 BH4.10 Criteria for a business benefiting New Zealand...................... 51-1

      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 20/11/2002

      BH4.5 Definitions

                 BH4.5.1 Substantial investment
                 Substantial investment means the purchase of 25% or more of the
                 shareholding of a business.

                 BH4.5.5 Self-employment
                 a. Self-employment is lawful active involvement in the management
                    and operating of a business in New Zealand which the principal
                    applicant* has established or purchased, or in which the principal
                    applicant* has made a substantial investment*.
                 b. For the avoidance of doubt, self-employment does not include
                    involvement of a passive or speculative nature.

                                                                                         Effective 20/11/2002

      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 (other than for the principal applicant*) ; or
                      v    revitalising an existing New Zealand business; and
51-2   Residence   Chapter 51


                       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.

                                                                             Effective 20/11/2002
                                                                               Chapter 52 Residence               52-1


CHAPTER 52

      BH5 Evidential requirements for entrepreneurs

                 In This Chapter
                 BH5.1 Evidence that the principal applicant* has established
                 a business in New Zealand.................................................................. 52-1
                 BH5.5 Evidence that the business is benefiting New Zealand............. 52-1
                 BH5.10 Evidence of compliance with relevant employment and
                 immigration law .................................................................................. 52-1

      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 20/11/2002

      BH5.5 Evidence that the business is benefiting New Zealand
                 a. Evidence that the principal applicant's* business is benefiting New
                    Zealand may include, but is not limited to:
                      i    audited accounts
                      ii tax records
                      iii export/import documentation, such as letters of credit
                      iv employment records.
                 b. The business immigration specialist may request any other
                    documents to support the application.

                                                                                         Effective 20/11/2002

      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 20/11/2002
                                                              Chapter 53 Residence       53-1


CHAPTER 53

      BH6 Verification
                a. Business immigration specialists must be satisfied that documents
                   provided as evidence of having established a successful business are
                   genuine and accurate, and they may take any steps they determine
                   necessary to verify such documents and the information they contain.
                b. If necessary, the business immigration specialist may:
                   i     interview the principal applicant*, and/or
                   ii visit the business site or arrange a visit, on their behalf, by another
                      immigration officer.

                                                                      Effective 20/11/2002
                                                                            Chapter 54 Residence              54-1


CHAPTER 54

      BH7 Approval in Principle

                  In This Chapter
                  BH7.1 General rules for approval in principle..................................... 54-1
                  BH7.5 Failure to meet approval in principle requirements .................. 54-1
                  BH7.10 Residence Visas...................................................................... 54-1

      BH7.1 General rules for approval in principle
                  See BH7.1 Effective 20/11/2002

                  Principal applicants who meet the criteria of the Entrepreneur category
                  will be advised that:
                  a. their application has been approved in principle; and
                  b. residence visas and/or permits may be issued or granted once the
                     following requirements have been met:
                       i    the principal applicant* pays any applicable migrant levy and
                            settlement information fee; 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 29/09/2003

      BH7.5 Failure to meet approval in principle requirements
                  Applications for residence 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 20/11/2002

      BH7.10 Residence Visas
                  Residence visas issued to entrepreneurs will be current for 12 months
                  from the date of issue.

                                                                                      Effective 20/11/2002
                                                                                                        Residence



BI Investor Category
                       See BB Investor Category to 13/06/2005

                       In This Section
                       BI1 Objective ....................................................................................... 55-1
                       BI2 Overview ....................................................................................... 56-1
                       BI3 Expression of Interest and Invitation to Apply policy .................. 57-1
                       BI4 Summary of Requirements - Application Policy .......................... 58-1
                       BI5 Personal requirements ................................................................... 59-1
                       BI6 Business experience ...................................................................... 60-1
                       BI7 Funds and assets............................................................................ 61-1
                       BI8 Settlement and contribution .......................................................... 62-1
                       BI9 Approval in principle and transfer of funds .................................. 63-1
                       BI10 Residence visas/permits .............................................................. 64-1
                       BI11 Funds withdrawal for investment in an acceptable
                       business proposal ................................................................................ 65-1
                       BI12 Section 18A requirements ........................................................... 66-1
                       BI13 Tax obligations............................................................................ 67-1
                                                                Chapter 55 Residence      55-1


CHAPTER 55

      BI1 Objective
                See BB Investor Category to 13/06/2005

                The objective of the Investor Category is to attract skilled business people
                with capital to invest in New Zealand, and allow them to be granted
                residence if:
                      they have business skills and have invested capital in New Zealand in
                      accordance with the Investor Category criteria, and
                      they make New Zealand their main home.
                In meeting this objective, the Investor Category will maximise and
                accelerate New Zealand’s:
                      capacity-building
                      sustainable growth and innovation
                      global connectedness and thriving and inclusive communities
                      by ensuring that the value of the investment capital is used to benefit
                      New Zealand, and by selecting investors who have the attributes to
                      make a positive contribution.

                                                                        Effective 04/07/2005
                                                               Chapter 56 Residence        56-1


CHAPTER 56

      BI2 Overview
               See BB Investor Category to 13/06/2005
               a. A person who is interested in applying for residence under the
                  Investor Category must complete an Expression of Interest form in
                  the prescribed manner.
               b. People who submit Expressions of Interest which meet prerequisites
                  for health, character, English language, age, investment funds, and
                  business experience* may be invited to apply for residence under the
                  Investor Category by being issued an Invitation to Apply for
                  residence under the Investor Category, subject to:
                     i   an assessment of the credibility of the information provided in the
                         Expression of Interest, and;
                     ii whether the Expression of Interest indicates the presence of any
                        health or character issues that may adversely affect the ability of
                        the person expressing interest to be granted residence under the
                        Investor Category; and
                     iii whether it appears that the person expressing interest will not
                         meet the Investor Category criteria.
               c. A person expressing interest must nominate the source of funds they
                  intend to use as their investment funds in New Zealand.
               d. Only a person invited to apply may apply for residence under the
                  Investor Category.
               e. If a person is invited to apply, information provided in the Expression
                  of Interest, and any further evidence, information and submissions
                  (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 residence under the
                  Investor Category.
               f.    Applications for residence, resulting from an Invitation to Apply,
                     must include:
                     i   information and evidence to support the claims made in the
                         Expression of Interest; and
                     ii information concerning any relevant fact (including any material
                        change in circumstances that occurs after the Expression of
                        Interest 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 Category.
               g. Applications will be assessed against policy set out in sections BI4 to
                  BI9 of the Investor Category.
               h. Principal applicants* under the Investor Category will be assessed
                  against:
56-2   Residence   Chapter 56


                            i   personal requirements (age, health, character and English
                                language); and
                            ii investment funds and business experience* requirements; and
                            iii settlement and contribution requirements.
                       i.   This assessment may result in:
                            i   an approval in principle; or
                            ii a decline of the residence application.
                       j.   If an application is approved in principle the principal applicant* will
                            be required to:
                            i   transfer their nominated investment funds into their New Zealand
                                bank account; and
                            ii provide a completed ‘Placement of Advance with Government in
                               New Zealand’ contract; and
                            iii transfer the nominated investment funds into the designated
                                Government account before a residence visa/permit is issued.
                       k. If residence is granted under the Investor Category;
                            i   the residence visa/permit and returning resident’s visa will be
                                issued to a principal applicant* and accompanying partner* and
                                dependent children* subject to requirements imposed under
                                section 18A of the Immigration Act 1987 (see BI10.10 and
                                BI10.15).
                            ii The investment funds will be held by the Government for a period
                               of five years from the date the total funds were deposited into the
                               designated Government account.
                       l.   Principal applicants* may make a request to transfer up to half of the
                            investment funds after an initial period of two years from the date the
                            total funds were transferred to the Government. The withdrawal of
                            funds will only be approved if the principal applicant* demonstrates
                            to a business immigration specialist’s satisfaction that the investment
                            funds will be used towards an acceptable business proposal as set out
                            in section BI11.
                       m. At the end of the five-year investment period, principal applicants*
                          will need to submit evidence that they have met the conditions
                          imposed under Section 18A in order to have the conditions lifted.
                       n. If the principal applicant* wishes to withdraw any of the investment
                          funds other than in accordance with policy BI11 the residence visa
                          and permit of the principal applicant* and any accompanying
                          partner* and/or dependent children* will be revoked, as the
                          requirements imposed under section 18A of the Immigration Act
                          1987 will not have been met.

                       Note: The Government account which will receive the investment funds
                       will be primarily managed by the Treasury.

                                                                             Effective 04/07/2005
                                                                                   Chapter 57 Residence                 57-1


CHAPTER 57

      BI3 Expression of Interest and Invitation to Apply policy
                  See BB Investor Category to 13/06/2005

                                                                                              Effective 04/07/2005


                  In This Chapter
                  BI3.1 Expressing interest in being invited to apply under
                  the Investor Category .......................................................................... 57-1
                  BI3.5 Submission of Expressions of Interest ....................................... 57-2
                  BI3.10 Invitation to Apply for residence under the Investor
                  Category .............................................................................................. 57-2
                  BI3.15 Implications of providing false or misleading information...... 57-3

      BI3.1 Expressing interest in being invited to apply under the Investor Category
                  See BB Investor Category to 13/06/2005

                  Immigration Act 1987 s13D; Immigration Regulations 1999, Reg 8A

                  a. People notify their interest in being invited to apply for residence
                     under the Investor Category through submission of an Expression of
                     Interest to the Department of Labour in the prescribed manner. The
                     prescribed manner for completing and submitting an Expression of
                     Interest is that the person expressing interest submits to a business
                     immigration specialist:
                       i     the completed Expression of Interest Form – Investor Category
                             (NZIS 1124); and
                       ii the appropriate fee.
                       Note: An Expression of Interest can only be submitted on the
                       approved form.
                  b. By submitting an Expression of Interest a person makes a declaration
                     and provides information regarding:
                       i     their identity, health and character; and
                       ii their English language ability in accordance with the requirements
                          for English language ability set out at BI5 of this policy; and
                       iii their ability to meet the business experience* and investment
                           funds requirements as set out in BI6 to BI7.
                  c. It is the responsibility of the person submitting the Expression of
                     Interest to ensure that it is correct in all material respects.

                                                                                              Effective 04/07/2005
57-2   Residence     Chapter 57


              BI3.5 Submission of Expressions of Interest
                          See BB Investor Category to 13/06/2005

                          Immigration Act 1987 s13B (3A) (b)

                          a. Expressions of Interest submitted in the prescribed manner may be
                             accepted for consideration if the person expressing interest:
                              i   has confirmed that the prescribed health and character
                                  requirements have been met as none of the people included in
                                  their Expression of Interest are people who:
                                       are described in section 7(1) of the Immigration Act 1987 (see
                                       A5.20); or
                                       would not be granted a medical waiver (see A4.60); and
                              ii has confirmed that they meet the minimum standard of English
                                 (see BI5.15); and
                              iii has a minimum of five years of business experience* (see BI6);
                                  and
                              iv legally owns and is prepared to invest NZ$2 million of
                                 unencumbered funds* in New Zealand for five years (see BI7);
                              v   is aged 54 years or younger (see BI5).
                          b. If an Expression of Interest does not meet these policy requirements
                             then no Invitation to Apply can be made.
                          c. All claims made in the Expression of Interest will need to be
                             supported by documentary evidence if an Invitation to Apply is
                             issued and an application for residence under the Investor Category is
                             made*.

                                                                               Effective 04/07/2005

              BI3.10 Invitation to Apply for residence under the Investor Category
                          See BB Investor Category to 13/06/2005

                          Immigration Act 1987 s13B (3A) (b) and 13E

                          a. People may be issued with an Invitation to Apply for residence under
                             the Investor Category if:
                              i   the information provided in the Expression of Interest does not
                                  indicate the presence of any health or character issues which may
                                  adversely affect their ability to be granted residence under the
                                  Investor Category; and
                              ii a business immigration specialist considers that the person’s
                                 claims in regard to business experience* and investment ability
                                 are credible.
                                                          Chapter 57 Residence          57-3


            b. A business immigration specialist may seek further evidence,
               information or submissions from a person whose Expression of
               Interest has been accepted, 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
               residence under the Investor Category.
            c. A business immigration specialist’s decision to invite a person to
               apply for residence under the Investor Category (based on
               information, evidence and submissions provided prior to application)
               does not guarantee a positive assessment in respect of health,
               character, English language, or any other policy requirements, of any
               subsequent application for residence.

                                                                  Effective 04/07/2005

BI3.15 Implications of providing false or misleading information
            See BB Investor Category to 13/06/2005

            Immigration Act 1987 ss13, 34G

            a. The Immigration Act 1987 provides that:
                i   the provision of false or misleading information as part of an
                    Expression of Interest or associated submission; or
                ii the withholding of relevant, potentially prejudicial information
                   from an Expression of Interest or associated submission; or
                iii failure to advise a visa or immigration officer of any fact or
                    material change in circumstances that occurs after an Expression
                    of Interest is lodged that may affect a decision to invite the person
                    to apply for residence or to grant a residence visa or permit,
                is sufficient grounds for the decline of an application for residence
                and for the revocation of a residence visa or permit that has been
                issued or granted.
            b. For the purposes of this policy, information relating to a claim made
               in an Expression of Interest that is factually inaccurate and is relevant
               to the issuing of an Invitation to Apply or the assessment of a
               residence application, will be considered misleading.

            Note: Any references to visa or immigration officer may be substituted
            with business immigration specialist.

                                                                  Effective 04/07/2005
                                                                                Chapter 58 Residence              58-1


CHAPTER 58

      BI4 Summary of Requirements - Application Policy
                  See BB Investor Category to 13/06/2005

                                                                                         Effective 04/07/2005


                  In This Chapter
                  BI4.1 Ability to apply .......................................................................... 58-1
                  BI4.5 Approval of applications under the Investor Category .............. 58-1
                  BI4.10 Residence visa/permits subject to requirements....................... 58-2
                  BI4.15 Migrant levy ............................................................................. 58-2

      BI4.1 Ability to apply
                  See BB Investor Category to 13/06/2005

                  Immigration Act 1987, s10A

                  A person may only apply for residence under the Investor Category if:
                  a. they have been issued with an Invitation to Apply under the Investor
                     Category; and
                  b. they apply for residence under the Investor Category within three
                     months of the date of the letter in which that invitation is made; and
                  c. that Invitation to Apply has not been revoked.

                                                                                         Effective 04/07/2005

      BI4.5 Approval of applications under the Investor Category
                  See BB Investor Category to 13/06/2005
                  a. Principal applicants* under the Investor Category are assessed
                     against:
                       i    age, health, character and English language requirements; and
                       ii investment funds and business experience* requirements; and
                       iii settlement and contribution requirements.
                  b. An application under the Investor Category will be approved if:
                       i    the principal applicant* and family members included in the
                            application meet health, character, and English language
                            requirements where required; and
                       ii the principal applicant* meets the investment funds and business
                          experience* criteria ; and
                       iii the principal applicant* is 54 years or younger at the time the
                           application is made*; and
                       iv the principal applicant* is assessed as having the ability to
                          successfully settle in and contribute to New Zealand; and
58-2   Residence     Chapter 58


                             v      all necessary verification of the application has been completed;
                                    and;
                             vi the transfer of funds has been completed in accordance with the
                                policy in BI7 and BI9.

                          BI4.5.1 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
                             the business immigration specialist’s satisfaction.
                          c. A business immigration specialist may interview, or ask another
                             branch of the Department of Labour to interview, the principal
                             applicant* in order to determine whether or not the information
                             provided in an application* is genuine and accurate.

                                                                                 Effective 04/07/2005

              BI4.10 Residence visa/permits subject to requirements
                          See BB Investor Category to 13/06/2005

                          Under the Investor Category, a residence visa/permit and returning
                          resident’s visa is issued or granted to a principal applicant* and
                          accompanying partner* and dependent children* with requirements
                          imposed under section 18A of the Immigration Act 1987 (see BI10.10).

                                                                                 Effective 04/07/2005

              BI4.15 Migrant levy
                          See BB Investor Category to 13/06/2005

                          Applicants approved under the Investor Category must pay a Migrant
                          Levy (see R5.90).

                                                                                 Effective 04/07/2005
                                                                               Chapter 59 Residence              59-1


CHAPTER 59

      BI5 Personal requirements
                  See BB Investor Category to 13/06/2005

                                                                                         Effective 04/07/2005


                  In This Chapter
                  BI5.1 General rules for age .................................................................. 59-1
                  BI5.5 Evidence of age .......................................................................... 59-1
                  BI5.10 Health and character requirements........................................... 59-1
                  BI5.15 English language requirements ................................................ 59-1

      BI5.1 General rules for age
                  See BB Investor Category to 13/06/2005

                  Principal applicants* must be less than 55 years of age when their
                  residence application is made*. Applications from principal applicants*
                  aged 55 years and over will be declined.

                                                                                         Effective 04/07/2005

      BI5.5 Evidence of age
                  See BB Investor Category to 13/06/2005

                  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 04/07/2005

      BI5.10 Health and character requirements
                  See BB Investor Category to 13/06/2005
                  a. Applicants under the Investor Category must meet the health and
                     character policy requirements (see A4 and A5).

                                                                                         Effective 04/07/2005

      BI5.15 English language requirements
                  See BB Investor Category to 13/06/2005
                  a. Principal applicants* in the Investor Category must meet the
                     minimum standard of English (see BF2).
59-2   Residence   Chapter 59


                       b. Any partner* or dependent children* aged 16 years and over who are
                          included in the application must meet a minimum standard of English
                          or pre-purchase ESOL tuition (see BF1.1).

                                                                        Effective 04/07/2005
                                                                             Chapter 60 Residence              60-1


CHAPTER 60

      BI6 Business experience
                  See BB Investor Category to 13/06/2005

                                                                                       Effective 04/07/2005


                  In This Chapter
                  BI6.1 Basic rules for business experience*.......................................... 60-1
                  BI6.5 Business Definitions................................................................... 60-1
                  BI6.10 Evidence of business experience.............................................. 60-2

      BI6.1 Basic rules for business experience*
                  See BB Investor Category to 13/06/2005
                  a. Principal applicants* must have a minimum of five years of business
                     experience*.
                  b. The length of business experience* is determined on the basis of full-
                     time business experience* of 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.
                  c. Credit is given for 30 hour weeks only, even where a principal
                     applicant* has worked more than 30 hours in any week.
                  d. Any business experience* in New Zealand must be lawfully gained
                     while holding a New Zealand work permit, or other lawful authority
                     to work.

                                                                                       Effective 04/07/2005

      BI6.5 Business Definitions
                  See BB Investor Category to 13/06/2005

                  BI6.5.1 ‘Business experience’
                  Business experience means a minimum of five years of either:
                  a. owning a lawful business enterprise*; or
                  b. management experience* in a lawful business enterprise*.
60-2   Residence     Chapter 60



                         BI6.5.5 ‘Owning a business’
                         Owning a business means owning at least 25 per cent of a business.

                         BI6.5.10 ‘Management experience’
                         Management experience means experience in the planning, organisation
                         and control of the activities of a business.

                         BI6.5.15 ‘Lawful business enterprise’
                         A lawful business enterprise is an organisation that:
                         a. operates lawfully in a commercial environment with the goal of
                            returning a profit, and
                         b. is not set up primarily for passive or speculative purposes.

                                                                                 Effective 04/07/2005

              BI6.10 Evidence of business experience
                         See BB Investor Category to 13/06/2005

                         BI6.10.1 Evidence of principal applicant's* business experience* as a
                                  business owner
                         a. Evidence of the principal applicant's* business experience* as a
                            business owner includes, but is not limited to, original or certified
                            copies of such of the following documents as are necessary to allow a
                            business immigration specialist to make a decision:
                             i    proof of ownership of business
                             ii business registration
                             iii company accounts or tax returns
                             iv shareholder certificates
                             v    description of responsibilities in the business.
                         b. A business immigration specialist may require such other
                            photographs, documents, evidence and information as they consider
                            necessary to determine an application.

                         BI6.10.5 Evidence of the principal applicant's* business experience*
                                  as a manager
                         a. Documents submitted as evidence of the principal applicant's*
                            business experience* as a manager must show the employer's name,
                            the position held and the period employed.
                         b. Evidence of the principal applicant's* business experience* as a
                            manager includes, 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    tax records
                                            Chapter 60 Residence     60-3


   ii pay slips
   iii job specifications
   iv job assessments
   v   letters of appointment
   vi certificates of service
   vii 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.
c. The business immigration specialist may require such other
   photographs, documents, evidence and information as they consider
   necessary to determine an application.
d. Evidence of part-time work experience includes that listed in
   paragraph (b) above, but must show actual weekly hours worked.

BI6.10.10 Evidence of New Zealand business experience*
Evidence of New Zealand business experience* must include:
a. evidence of business experience* as listed in BI6.10.1 or BI6.10.5;
   and
b. evidence that New Zealand business experience* was lawfully
   gained.

                                                   Effective 04/07/2005
                                                                                  Chapter 61 Residence                 61-1


CHAPTER 61

      BI7 Funds and assets
                 See BB Investor Category to 13/06/2005

                                                                                             Effective 04/07/2005


                 In This Chapter
                 BI7.1 Aim and intent............................................................................ 61-1
                 BI7.5 Investment funds ........................................................................ 61-1
                 BI7.10 Ownership of nominated funds and/or assets........................... 61-1
                 BI7.15 Evidence of the principal applicant's* nominated funds
                 and assets............................................................................................. 61-2
                 BI7.20 Retention of funds by the New Zealand Government.............. 61-3
                 BI7.25 Withdrawal of funds................................................................. 61-4

      BI7.1 Aim and intent
                 See BB Investor Category to 13/06/2005

                 The policy regarding the nominated investment funds and/or assets (BI7)
                 and the method of transfer (BI9) of those funds to New Zealand is to
                 ensure:
                      i     the legitimacy and lawful ownership of the nominated funds
                            and/or assets; and
                      ii that the direct transfer of the investment funds through a
                         structured and prescribed process guarantees the ongoing
                         legitimacy and lawful ownership of the funds invested in New
                         Zealand.

                                                                                             Effective 04/07/2005

      BI7.5 Investment funds
                 See BB Investor Category to 13/06/2005

                 Principal applicants* must invest NZ$2 million for a period of five years
                 in New Zealand.

                                                                                             Effective 04/07/2005

      BI7.10 Ownership of nominated funds and/or assets
                 See BB Investor Category to 13/06/2005
                 a. The nominated funds and/or assets must be legally owned by the
                    principal applicant*.
                 b. Nominated funds and/or assets may be owned either:
                      i     solely by the principal applicant*; or
61-2   Residence     Chapter 61


                              ii jointly by the principal applicant* and partner* and/or dependent
                                 children* who are included in the residence 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.
                         c. 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.
                         d. 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* the 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.
                         e. The nominated funds and/or assets must be unencumbered*.
                         f.   The nominated funds and/or assets must not be borrowed.

                         BI7.10.1 Definition of ‘funds earned or acquired legally’
                         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.

                         Note: 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.


                         BI7.10.5 Definition of ‘unencumbered funds’
                         Unencumbered funds are:
                         a. funds that are not subject to any mortgage, lien, charge and/or
                            encumbrance (whether equitable or otherwise) or any other creditor
                            claims whatsoever; and
                         b. funds that can be transferred lawfully, and the transfer is in
                            accordance with the policy at BI9.5.

                                                                              Effective 04/07/2005

              BI7.15 Evidence of the principal applicant's* nominated funds and assets
                         See BB Investor Category to 13/06/2005
                         a. Principal applicants* must provide evidence of net funds and/or
                            assets to the value of the required investment funds.
                                                        Chapter 61 Residence      61-3


           b. Principal applicants* must provide evidence to the satisfaction of the
              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 residence
                  application is made*; and
              ii produced by a reliable independent agency.
           d. Expressions of Interest and residence applications under the Investor
              Category must:
              i   provide the name of the bank and number of the bank account in
                  which the nominated funds are held; and/or
              ii describe the nominated assets sufficiently clearly to enable them
                 to be readily identified and provide the name of the bank and
                 number of the bank account which will be used to deposit the
                 funds resulting from the liquidated nominated assets.
           e. The 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 04/07/2005

BI7.20 Retention of funds by the New Zealand Government
           See BB Investor Category to 13/06/2005
           a. The investment funds will be held by the New Zealand Government
              for a five-year period from the date the total funds were received in
              the designated Government account.
           b. The five-year investment period begins on the date the total amount
              of investment funds is received by the New Zealand Government in
              the Government account.
           c. The New Zealand Government will guarantee the return of the
              principal, adjusted for inflation, at the end of the investment period
              (or in the case of investment funds withdrawn prior to the end of the
              investment period, those withdrawn funds, adjusted for inflation, at
              the time of their withdrawal).
           d. The investment funds will be available for use by the New Zealand
              Government while they remain with the New Zealand Government.

                                                                Effective 04/07/2005
61-4   Residence     Chapter 61


              BI7.25 Withdrawal of funds
                         See BB Investor Category to 13/06/2005
                         a. After the first two years of the five-year investment period the
                            principal applicant* may request to withdraw up to 50 per cent of the
                            initial investment funds for the purpose of reinvesting those funds in
                            an acceptable investment* through an approved business proposal in
                            New Zealand (see BI11).
                         b. The minimum amount that can be withdrawn at any one time is
                            NZ$200,000, and the funds requested for withdrawal should be
                            rounded up or down as appropriate to the nearest NZ$50,000.
                         c. A principal applicant* may transfer investment funds to more than
                            one acceptable business proposal in New Zealand as long as each
                            business proposal is approved by a business immigration specialist in
                            accordance with the policy in BI11 and no more than 50 per cent is
                            withdrawn from the initial investment.
                         d. Any withdrawn investment funds must remain in an acceptable
                            investment* in New Zealand for the duration of the five-year
                            investment period.
                         e. Investment funds withdrawn in accordance with the policy in BI11
                            may not be used for personal use*. However, the principal applicant*
                            may use the income earned from the investment for any purpose.
                         f.   The investment funds may be withdrawn at any time during the five-
                              year period, however, any withdrawal that does not meet the Investor
                              Category requirements will lead to the revocation of the residence
                              visa/permit of the principal applicant* and those of their
                              accompanying family members.

                         BI7.25.1 Definition of ‘acceptable investment’
                         For the purposes of this policy, an acceptable investment* is an
                         investment which:
                              i   is held by the New Zealand Government, or
                              ii has been approved in accordance with the policy in BI11 by a
                                 business immigration specialist.
                              Note: Investment funds may not be used as collateral for any loan
                              during the five -year investment period, unless the money loaned
                              remains within New Zealand and in New Zealand dollars only.

                         BI7.25.5 Definition of ‘personal use’
                         Personal use* includes, but is not limited to, investment in assets such as
                         a personal residence, car, boat or similar.

                                                                              Effective 04/07/2005
                                                                              Chapter 62 Residence              62-1


CHAPTER 62

      BI8 Settlement and contribution
                 See BB Investor Category to 13/06/2005

                                                                                        Effective 04/07/2005


                 In This Chapter
                 BI8.1 Aim and intent............................................................................ 62-1
                 BI8.5 Settlement and contribution requirements.................................. 62-1
                 BI8.10 Intention to make New Zealand your main home .................... 62-1
                 BI8.15 Sufficient maintenance funds ................................................... 62-2

      BI8.1 Aim and intent
                 See BB Investor Category to 13/06/2005

                 The aim of assessing ability to settle and contribute is to ensure that the
                 Investor Category maximises the contribution that migrants make to New
                 Zealand.

                                                                                        Effective 04/07/2005

      BI8.5 Settlement and contribution requirements
                 See BB Investor Category to 13/06/2005
                 a. To be granted residence under the Investor Category, applicants must
                    demonstrate that they have the ability to successfully settle in and
                    contribute to New Zealand.
                 b. Principal applicants* meet settlement and contribution requirements
                    if they satisfy a business immigration specialist that they:
                      i    intend to make New Zealand the main home for themselves and
                           any accompanying partner* and/or dependent children* that are
                           included in the residence application; and
                      ii own, in addition to their investment capital, sufficient funds or
                         assets to provide for their own maintenance and accommodation,
                         and that of any partner* and dependent child/ren* included in the
                         application, for a stay of at least two years in New Zealand.

                                                                                        Effective 04/07/2005

      BI8.10 Intention to make New Zealand your main home
                 See BB Investor Category to 13/06/2005
                 a. Principal applicants* must make a declaration in their residence
                    application that they intend to make New Zealand their main home
                    within the five-year investment period.
62-2   Residence     Chapter 62


                         b. At the end of the five-year investment period the principal applicant*
                            must be able to provide evidence that they have made New Zealand
                            their main home according to the policy in section BI12.10.

                                                                             Effrective 04/07/2005

              BI8.15 Sufficient maintenance funds
                         See BB Investor Category to 13/06/2005
                         a. Principal applicants* must have, in addition to their investment
                            capital, sufficient funds or assets to provide for their own
                            maintenance and accommodation, and that of any partner* and
                            dependent child/ren* included in the application, for a stay of at least
                            two years in New Zealand
                         b. In determining the sufficiency of maintenance funds the business
                            immigration specialist may have regard to the Household Economic
                            Survey, which provides information on the average weekly household
                            expenditure and is published by Statistics New Zealand (available at
                            www.stats.govt.nz http://www.stats.govt.nz).
                         c. The business immigration specialist will take into account the
                            personal circumstances of the applicant, such as the number of
                            dependants.
                         d. In determining the sufficiency of maintenance funds the business
                            immigration specialist shall have regard to the salary provided by a
                            genuine offer of employment from a New Zealand employer, or
                            current employment in New Zealand.

                          BI8.15.1 Ownership of maintenance funds
                         Funds may be owned either:
                         a. solely by the principal applicant*; or
                         b. jointly by the principal applicant* and partner* and/or dependent
                            children* (see R2.1.30) who are included in the residence application.
                         c. 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)).
                         d. 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.

                         BI8.15.5 Evidence of maintenance funds
                         Evidence of sufficient funds may include, but is not limited to:
                         a. New Zealand bank accounts showing a sufficient current balance; or
                                           Chapter 62 Residence     62-3


b. An offshore bank account showing a sufficient current balance,
   together with evidence that the funds can be accessed from New
   Zealand; or
c. A genuine offer of employment from a New Zealand employer, or
   current employment in New Zealand; or
d. Acceptable evidence of assets (either in New Zealand or offshore).

                                                  Effective 04/07/2005
                                                                                 Chapter 63 Residence                63-1


CHAPTER 63

      BI9 Approval in principle and transfer of funds
                  See BB Investor Category to 13/06/2005

                                                                                            Effective 04/07/2005


                  In This Chapter
                  BI9.1 Approval in principle ................................................................. 63-1
                  BI9.5 Transfer of the nominated investment funds to the New
                  Zealand bank account.......................................................................... 63-1
                  BI9.10 Timeframe for transferring investment funds to
                  New Zealand ....................................................................................... 63-2
                  BI9.15 Evidence of the transfer of the nominated funds to.................. 63-2
                  BI9.20 Evidence of the principal applicant's* New Zealand
                  bank account ....................................................................................... 63-2
                  BI9.25 'Placement of Advance with Government in New
                  Zealand' contract ................................................................................. 63-3
                  BI9.30 Transfer of investment funds to the New Zealand
                  Government account ........................................................................... 63-3

      BI9.1 Approval in principle
                  See BB Investor Category to 13/06/2005
                  a. Principal applicants* who are assessed as meeting the Investor
                     Category requirements will be advised that their application has been
                     approved in principle and they have six months to:
                       i    transfer the nominated funds to their New Zealand bank account
                            in accordance with policy in BI9.5, and
                       ii provide evidence that the nominated funds have been transferred
                          to their New Zealand bank account.

                                                                                            Effective 04/07/2005

      BI9.5 Transfer of the nominated investment funds to the New Zealand bank
      account
                  See BB Investor Category to 13/06/2005
                  a. When the application is approved in principle, the principal
                     applicant* will be required to transfer the nominated investment
                     funds to their bank account at a New Zealand Registered Bank (as
                     defined in the Reserve Bank of New Zealand Act 1989). 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 their
                            Expression of Interest and residence application (this will be
                            referred to as the ‘source of funds’); and
63-2   Residence      Chapter 63


                              ii be transferred through the banking system directly from the
                                 principal applicant’s* nominated bank account (BI7.15) to their
                                 New Zealand bank account (ie not passed through any other
                                 party).
                          b. The investment funds that are transferred to their New Zealand bank
                             account and subsequently into the Government account must be from
                             the same source of funds as nominated in both the Expression of
                             Interest and in the residence application.

                                                                             Effective 04/07/2005

              BI9.10 Timeframe for transferring investment funds to New Zealand
                          See BB Investor Category to 13/06/2005
                          a. Principal applicants* must meet the requirements for transferring the
                             investment funds to their New Zealand bank account and provide all
                             the required documentation as set out in the policy in BI9.15 (below)
                             within six 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 the
                             nominated funds in accordance with this policy, and have not
                             provided the required documentation to establish this, within six
                             months from the date of approval in principle.

                                                                             Effective 04/07/2005

              BI9.15 Evidence of the transfer of the nominated funds to...
                          BI9.15 Evidence of the transfer of the nominated funds to the
                          principal applicant's* New Zealand bank account.

                          See BB Investor Category to 13/06/2005
                          a. Principal applicants* must provide evidence to show that the funds
                             that are transferred to their New Zealand account, and then to the
                             Government account, come from the same source of funds as
                             nominated in the Expression of Interest and residence application.
                          b. Acceptable evidence of the transfer must be provided by way of the
                             telegraphic transfer documentation together with a current bank
                             statement showing the transfer/s.
                          c. A business immigration specialist may request any other information
                             to satisfy them that the above conditions have been met.

                                                                             Effective 04/07/2005

              BI9.20 Evidence of the principal applicant's* New Zealand bank account
                          See BB Investor Category to 13/06/2005
                          a. The principal applicant* must provide details of their current New
                             Zealand bank account with the evidence outlined in BI9.15. This
                             account must be in the principal applicant’s* name, or can be jointly
                             held with the partner* if they are included in the residence
                             application.
                                                         Chapter 63 Residence      63-3


           b. If the account is held by a trust then the principal applicant* must
              provide evidence that they are a beneficiary and a trustee of the trust.

                                                                 Effective 04/07/2005

BI9.25 'Placement of Advance with Government in New Zealand' contract
           See BB Investor Category to 13/06/2005
           a. If the business immigration specialist is satisfied that the transferred
              investment funds meet the criteria as set out in the policy in BI9.5 to
              BI9.15, then the principal applicant* will be sent a ‘Placement of
              Advance with Government in New Zealand’ contract.
           b. Principal applicants* must return the fully completed ‘Placement of
              Advance with Government in New Zealand’ contract within two
              months of the date it is issued. The ‘Placement of Advance with
              Government in New Zealand’ contract should contain the following
              information:
              i   their Inland Revenue Department (IRD) number and their rate of
                  Resident Withholding Tax payable (if applicable, see BI13); and
              ii a postal address at which they can be contacted by mail.
           c. Principal applicants* must agree and abide with the ‘Terms and
              Conditions’ of the ‘Placement of Advance with Government in New
              Zealand’ contract. A breach of the ‘Terms and Conditions’ of the
              contract will constitute a breach of the Investor Category policy.

                                                                 Effective 04/07/2005

BI9.30 Transfer of investment funds to the New Zealand Government account
           See BB Investor Category to 13/06/2005
           a. If the business immigration specialist is satisfied that all requirements
              have been met, the principal applicant* will be advised to transfer the
              nominated funds from their New Zealand bank account to the
              Government, and will be provided with the Government bank
              account number. Applicants must not transfer the funds into the
              Government bank account until they have been advised to do so.
           b. Once the funds have been transferred the principal applicant* must
              provide acceptable evidence of having transferred the nominated
              funds from their New Zealand bank account to the Government bank
              account in accordance with the relevant policy requirements, and that
              those are the same funds that were transferred to New Zealand.
           c. Any overpayment made into the Government account (ie funds
              deposited in excess of NZ$2 million) will be repaid to the principal
              applicant* as soon as practical.

                                                                 Effective 04/07/2005
                                                                          Chapter 64 Residence            64-1


CHAPTER 64

      BI10 Residence visas/permits
                  See BB Investor Category to 13/06/2005

                                                                                   Effective 04/07/2005


                  In This Chapter
                  BI10.1 Issue of residence visas/permits ............................................... 64-1
                  BI10.5 Currency of residence visas...................................................... 64-1
                  BI10.10 Residence visas/permits subject to requirements under... ...... 64-1
                  BI10.15 Meeting the requirements....................................................... 64-2

      BI10.1 Issue of residence visas/permits
                  See BB Investor Category to 13/06/2005
                  a. Residence visas/permits may only be issued once principal
                     applicants* have:
                      i    met the transfer requirements in policy BI9.5 to BI9.30; and
                      ii paid any applicable migrant levy (see policy R5.90).
                  b. Residence visas/permits will be issued or granted subject to the
                     requirements imposed under section 18A of the Immigration Act
                     1987 in accordance with the policy in BI10.10 (see also BI12).

                                                                                   Effective 04/07/2005

      BI10.5 Currency of residence visas
                  See BB Investor Category to 13/06/2005

                  Residence visas will be current for 12 months from the date of issue.

                                                                                   Effective 04/07/2005

      BI10.10 Residence visas/permits subject to requirements under...
                  BI10.10 Residence visas/permits subject to requirements under
                  section 18A of the Immigration Act.

                  See BB Investor Category to 13/06/2005

                  Immigration Act 1987 s 18A (1)

                  a. Under the Investor Category, a residence visa/permit and returning
                     resident’s visa is issued or granted to a principal applicant* and
                     accompanying partner* and dependent children* subject to the
                     following requirements imposed under section 18A of the
                     Immigration Act 1987:
64-2   Residence     Chapter 64


                             i    that the principal applicant* must retain investment funds of the
                                  same value than the amount of funds and assets nominated at the
                                  time of approval in principle in an acceptable investment* (see
                                  BI7) in New Zealand for a five-year period.
                             ii that the principal applicant*, and any partner* and dependent
                                children* included in the residence application, must make New
                                Zealand their main home during the five-year investment period
                                (see BI8.10, BI12.10); and
                             iii that the principal applicant* participates, if requested, in an
                                 evaluation of the policy under which they were approved for a
                                 period of up to five years after approval.
                         b. The residence visa/permit of any accompanying partner* and
                            dependent children* will be subject to the requirement that the
                            principal applicant* comply with the requirements of their visa or
                            permit.

                                                                              Effective 04/07/2005

              BI10.15 Meeting the requirements
                         See BB Investor Category to 13/06/2005

                         At the end of the five-year investment period, principal applicants* must
                         submit evidence to the Department of Labour that they have met the
                         requirements imposed under section 18A of the Immigration Act 1987
                         (see BI12).

                                                                              Effective 04/07/2005
                                                                               Chapter 65 Residence               65-1


CHAPTER 65

      BI11 Funds withdrawal for investment in an acceptable business
               proposal
                 See BB Investor Category to 13/06/2005
                 a. After an initial two year investment period the principal applicant*
                    may apply to withdraw up to 50 per cent of the original investment
                    funds held by the Government, to be used towards an acceptable
                    business proposal approved by a business immigration specialist.
                 b. A principal applicant* may submit more than one business proposal,
                    but each request to withdraw funds must be accompanied by a
                    business plan, and will be assessed by a business immigration
                    specialist against the criteria in this policy before any funds are
                    approved for withdrawal.

                                                                                         Effective 04/07/2005


                 In This Chapter
                 BI11.1 General rules for an acceptable business proposal................... 65-1
                 BI11.5 Requirements for submitting a business plan*......................... 65-2
                 BI11.10 Assessment of a business plan* ............................................. 65-2
                 BI11.15 Criteria for a business benefiting New Zealand ..................... 65-3
                 BI11.20 Principal applicant's* genuine interest in establishing
                 a business in New Zealand.................................................................. 65-3
                 BI11.25 Process for accepting or refusing a business proposal ........... 65-3
                 BI11.30 Changing a business proposal ................................................ 65-4
                 BI11.35 Process for accepting or refusing a change to a
                 business proposal ................................................................................ 65-4

      BI11.1 General rules for an acceptable business proposal
                 See BB Investor Category to 13/06/2005
                 a. The proposal to establish a specific business must be made by the
                    principal applicant* via the submission of a business plan* supported
                    by appropriate documentation (see BI11.5).
                 b. The proposed business must:
                      i    be in New Zealand; and
                      ii under normal circumstances, be capable of providing a
                         commercial return; and
                      iii be of benefit to New Zealand (see BI11.15); and
                      iv be owned and controlled by the principal applicant* (ownership is
                         defined as owning at least 25 per cent of the business); and
                      v    require a minimum amount of NZ$200,000 investment capital,
                           and the funds requested should be rounded up or down as
                           appropriate to the nearest $50,000.
65-2   Residence     Chapter 65


                         c. The applicant must advise the business immigration specialist if there
                            are any significant changes in circumstance to the business plan* or
                            the actual business.

                         BI11.1.1 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 approved business
                         plan* form, and is supported by appropriate documentation (see BI11.5).

                                                                               Effective 04/07/2005

              BI11.5 Requirements for submitting a business plan*
                         See BB Investor Category to 13/06/2005
                         a. Business plans* must be submitted on the approved business plan*
                            form accompanied by the appropriate fee.
                         b. Business plans* must:
                             i    be no more than three months old on the date the application is
                                  made*; and
                             ii include satisfactory evidence that the principal applicant* has
                                access to sufficient capital to finance their business proposal (this
                                includes the accessible funds held by the Government and any
                                other funds held by the principal applicant*); and
                             iii include realistic financial forecasts; and
                             iv include evidence to satisfy a business immigration specialist that
                                the principal applicant* has business experience that is relevant to
                                their business proposal; and
                             v    demonstrate to the satisfaction of a business immigration
                                  specialist that the principal applicant* has knowledge about the
                                  proposed business and the New Zealand business environment;
                                  and
                             vi include information about how the proposed business will benefit
                                New Zealand; and
                             vii include sufficient supporting documentation including the
                                 documentation listed in the approved business plan* form.

                                                                               Effective 04/07/2005

              BI11.10 Assessment of a business plan*
                         See BB Investor Category to 13/06/2005
                         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.
                                                         Chapter 65 Residence        65-3


            b. The Department of Labour may submit any business plan* to an
               independent person or persons for vetting, who will offer an
               independent assessment and advice, which will be considered by a
               business immigration specialist in making a decision.

                                                                 Effective 04/07/2005

BI11.15 Criteria for a business benefiting New Zealand
            See BB Investor Category to 13/06/2005
            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 (other than employment for the principal
                  applicant*); or
               v   revitalising an existing business.
            b. A business will only be considered to benefit New Zealand if, in the
               opinion of a business immigration specialist, it appears likely that the
               business will be trading profitably or clearly has the potential to be
               trading profitably by the end of the required investment period (the
               balance of the five-year investment period).

                                                                 Effective 04/07/2005

BI11.20 Principal applicant's* genuine interest in establishing a business in New
Zealand
            See BB Investor Category to 13/06/2005

            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 their visa and/or permit.

                                                                 Effective 04/07/2005

BI11.25 Process for accepting or refusing a business proposal
            See BB Investor Category to 13/06/2005
            a. If consent is given to establish a business then the business
               immigration specialist must inform the principal applicant* in writing
               of the approval, and begin the process for the withdrawal of part of
               the investment funds held by the Government.
            b. If the requirements of this policy have not been met the business
               proposal will be declined and the Government will continue to hold
               the investment funds.
65-4   Residence     Chapter 65


                         c. If the principal applicant* does not wish to continue to allow the
                            Government to hold all funds, and does not wish to submit another
                            application for a business proposal, then they may withdraw their
                            funds, and the Department of Labour may revoke their residence
                            visa/permit.

                                                                               Effective 04/07/2005

              BI11.30 Changing a business proposal
                         See BB Investor Category to 13/06/2005

                         If the principal applicant* has had a business proposal approved and
                         subsequently wants to change the proposed business they must seek the
                         consent of a business immigration specialist to the change. This must be
                         done by submitting a new proposal on the approved form and paying the
                         fee. Consent may be given 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 this policy; and
                         c. the applicant has business experience relevant to the proposed new
                            business; and
                         d. the principal applicant* has access to sufficient capital to finance the
                            proposed new business. This will include the investment funds
                            withdrawn for the original business proposal, and any other available
                            funds. If the funds withdrawn for the original business proposal
                            exceed that required for the new business proposal then the difference
                            in the funds will need to be reinvested with the Government.

                         Note: A permit may be revoked where the applicant is undertaking
                         business activities which breach the conditions of their permit.

                                                                               Effective 04/07/2005

              BI11.35 Process for accepting or refusing a change to a business proposal
                         See BB Investor Category to 13/06/2005
                         a. If consent is given to change the business proposal then the business
                            immigration specialist must inform the principal applicant* in writing
                            of the approval.
                         b. If the requirements have not been met, the business immigration
                            specialist must decline the request to change a business proposal.
                         c. If the request to change a business proposal is refused then the
                            principal applicant* must be offered the option of:
                             i    continuing with their original business proposal; or
                             ii reinvesting the required funds for the Government to hold.
                                            Chapter 65 Residence     65-5


d. If the principal applicant* does not continue with the original
   business proposal, and does not wish to reinvest the funds with the
   Government, then they may withdraw their funds, and the
   Department of Labour may revoke their residence visa/permit.

                                                   Effective 04/07/2005
                                                                                Chapter 66 Residence                66-1


CHAPTER 66

      BI12 Section 18A requirements
                 See BB Investor Category to 13/06/2005

                                                                                           Effective 04/07/2005


                 In This Chapter
                 BI12.1 Evidence that section 18A requirements have been met .......... 66-1
                 BI12.5 Retention of acceptable investment*........................................ 66-1
                 BI12.10 Evidence that New Zealand is principle applicants*
                 main home........................................................................................... 66-2
                 BI12.15 Compliance with Section 18A requirements.......................... 66-4
                 BI12.20 Non-compliance with requirements ....................................... 66-4

      BI12.1 Evidence that section 18A requirements have been met
                 See BB Investor Category to 13/06/2005
                 a. Within three months after the expiry date of the five-year investment
                    period principal applicants* will be required to submit evidence
                    showing they have met the conditions imposed under section 18A of
                    the Immigration Act 1987 in order to have these conditions lifted.
                 b. Along with evidence of compliance with the section 18A
                    requirements the principal applicant* must provide their passport and
                    those of any other family members that were included in the original
                    residence application.

                                                                                           Effective 04/07/2005

      BI12.5 Retention of acceptable investment*
                 See BB Investor Category to 13/06/2005
                 a. The principal applicant* will need to show that they have retained an
                    acceptable investment* of NZ$2 million in New Zealand for five
                    years as specified in BI7 and BI11.
                 b. Principal applicant’s* who have not withdrawn any funds during the
                    term of their investment will not be required to provide any evidence
                    of the acceptable investment*.
                 c. Principal applicants* who have withdrawn funds for investment in an
                    acceptable business proposal will need to provide the following:
                      i    evidence that the business they have established is the same as the
                           business they obtained approval for; and
                      ii evidence that they have established the business in New Zealand
                         with the funds withdrawn from those held by the Government;
                         and
                      iii evidence that the value of the established business is equivalent
                          to, or more than, the amount of funds withdrawn to establish the
                          business; and
66-2   Residence     Chapter 66


                             iv evidence that the funds have stayed in New Zealand during the
                                entire investment period.
                         d. Suitable evidence will include documentation from a New Zealand
                            Chartered Accountant, who is independent of the applicant or the
                            applicant’s agent, stating:
                             i    the full name of the business owner; and
                             ii the full valuation of the business; and
                             iii the date the business was established; and
                             iv documentation that demonstrates that the business is a going
                                concern.
                         e. If the principal applicant* has established more than one business this
                            information should be provided for each of the businesses.

                                                                              Effective 04/07/2005

              BI12.10 Evidence that New Zealand is principle applicants* main home
                         See BB Investor Category to 13/06/2005

                         Principal applicants* are considered to have made New Zealand their
                         main home if:
                         a. they have spent a significant period of time in New Zealand during
                            the five-year investment period (see BI12.10.1); or
                         b. they have established a base in New Zealand (see BI12.10.5).

                         BI12.10.1 Significant period of time spent in New Zealand
                         The principal applicant* is considered to have spent a significant period
                         of time in New Zealand if they have held residence permits for a total of
                         184 days or more in each of the two 12-month portions of the 24 months
                         immediately preceding the end date of the five-year investment period
                         (ie, in each of the two 12-month portions, a period or periods that amount
                         to 184 days or more).

                         BI12.10.5 Base established in New Zealand
                         a. 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 residence has resided in New
                                  Zealand for at least 184 days in the two year period immediately
                                  preceding the end date the five-year investment period, and
                             ii they have held residence permits for a total of at least 41 days in
                                the 12 months immediately preceding the end date of the five-
                                year investment period, and either
                                             Chapter 66 Residence       66-3


           they own and maintain a family home in New Zealand, or
           they were engaged in full time continuous genuine
           employment in New Zealand immediately preceding the end
           date of the five-year investment period.
b. For the purpose of this policy 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 the date they were initially granted a residence
       permit and still own that property either solely or jointly with
       members of their immediate family who were included in the
       application for residence, and
   ii they and/or members of their immediate family who were
      included in the application for residence occupy that property.
c. Evidence of owning and maintaining a home in New Zealand
   includes but is not limited to documents in the name of the applicant
   and/or members of their immediate family who were included in the
   application for residence such as:
   i   mortgage documents or title deeds to the residential property
   ii rates demands
   iii home and contents insurance cover
   iv invoices for telephone, electricity, gas, or water
   v   documents showing that household effects have been moved to
       New Zealand.
d. 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.
e. For the purpose of this policy 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 nine months in
   the 24 months immediately preceding the end date of the five-year
   investment period. Employment involving payment by commission
   and/or retainer is not acceptable. Self-employment is acceptable if
   they can produce evidence of genuine lawful active involvement in
   the management and operating of a business in New Zealand which
   the principal applicant* has established, purchased, or has a
   shareholding in.

Note: any employment undertaken should not contravene the policy as
set out in R5.18.

                                                    Effective 04/07/2005
66-4   Residence     Chapter 66


              BI12.15 Compliance with Section 18A requirements
                         See BB Investor Category to 13/06/2005

                         When the principal applicant* has satisfied a business immigration
                         officer that they have met the requirements of the five-year investment
                         period in full, the business immigration specialist will advise the
                         applicant of this in writing.

                                                                             Effective 04/07/2005

              BI12.20 Non-compliance with requirements
                         See BB Investor Category to 13/06/2005

                         If the section 18A requirements have not been complied with, the
                         residence permit may be revoked under section 20(1)(d) of the
                         Immigration Act 1987.

                                                                             Effective 04/07/2005
                                                              Chapter 67 Residence      67-1


CHAPTER 67

      BI13 Tax obligations
                See BB Investor Category to 13/06/2005
                a. The investment funds held by the Government will be paid an
                   investment return based on the rate of inflation as determined by the
                   changes in the Consumer’s Price Index as calculated by Statistics
                   New Zealand. The investment return will be calculated and
                   compounded on an annual basis. The investment return will be paid
                   into the principal applicant’s* New Zealand bank account when the
                   investment matures after five years (or until the date of withdrawal if
                   the total investment is withdrawn prior to maturity).
                b. Principal applicants* will be required to pay tax on the investment
                   return.
                   i   If the principal applicant* is a New Zealand tax resident, the
                       investment return will be grossed-up by an amount equal to the
                       Resident Withholding Tax (RWT) rate likely to be paid by the
                       majority of eligible tax resident investors. The rate to be used at
                       implementation will be 0.39. On an annual basis, RWT will be
                       calculated on the investment return for the period and deducted
                       and paid to the Inland Revenue Department (at an elected rate
                       being either 19.5%, 33% or 39%).
                   ii If the principal applicant* is not a New Zealand tax resident, Non
                      Resident Withholding Tax will be set at zero per cent and
                      Approved Issuer Levy paid to the Inland Revenue Department.
                      The investment funds are a registered security for the purposes of
                      the Approved Issuer Levy regime.
                c. Principal applicants* will receive a statement of these transactions.
                   Note: Principal applicants* may need to pay income tax on an
                   annual basis. This must be determined by the applicant and the IRD.
                   It is the principal applicant’s* responsibility to ensure that any other
                   tax obligations are met. Principal applicants* are encouraged to
                   contact the IRD directly for further information regarding tax
                   requirements.

                                                                     Effective 04/07/2005
                                                                                              Residence




Family Category
             .

             In This Section
             F1 Objective ......................................................................................... 68-1
             F2 Partnership policy ........................................................................... 69-1
             F3 De facto partner policy.................................................................... 70-1
             F4 Parent policy ................................................................................... 71-1
             F5 Dependent child policy ................................................................... 72-1
             F6 Sibling and adult child policy ......................................................... 73-1
             F7 Inter-country adoption .................................................................... 74-1
                                                           Chapter 68 Residence     68-1


CHAPTER 68

F1 Objective
               See F1 Effective 26/07/1999

               The objective of the Family Sponsored Stream is to contribute to nation
               building.

               The objective of Family Category Policy is to strengthen families and
               communities, while reinforcing the Government's overall objectives in
               immigration policy.

                                                                  Effective 01/10/2001
                                                                                        Chapter 69 Residence                69-1


CHAPTER 69

F2 Partnership policy
                        See F2 Effective 01/10/2001
                        See F2 Effective 26/07/1999

                                                                                                  Effective 29/09/2003


                        In This Chapter
                        F2.1 Objective ...................................................................................... 69-1
                        F2.5 How do partners of New Zealand citizens and... ......................... 69-1
                        F2.10 Definitions ................................................................................. 69-2
                        F2.15 Minimum requirements for the recognition of partnerships ...... 69-4
                        F2.20 Evidence..................................................................................... 69-6
                        F2.25 Verification ................................................................................ 69-9
                        F2.30 Determining if the couple is living together in... ..................... 69-10
                        F2.35 Deferring the final decision* if... ............................................. 69-11
                        F2.40 General rules ............................................................................ 69-11


             F2.1 Objective
                        See F2 Effective 01/10/2001

                        Partnership policy contributes to the overall Family Category Policy
                        objective (see F1) by allowing the partners of New Zealand citizens and
                        residents to apply for residence in New Zealand in order to live with their
                        partner* in New Zealand.

                        Note: Partners of New Zealand citizens and residents do not have an
                        automatic right of permanent residence in New Zealand.

                                                                                                  Effective 29/09/2003


             F2.5 How do partners of New Zealand citizens and...
                        F2.5 How do partners of New Zealand citizens and residents qualify
                        for residence?

                        See F2.5 Effective 04/07/2005
                        See F2.5 Effective 29/09/2003
                        See F2 Effective 01/10/2001
                        a. To be issued with a residence visa or granted a residence permit
                           under Partnership policy applicants must provide sufficient evidence
                           to satisfy a visa or 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 purposes of this policy 'partnership' means:
                             i     a legal marriage, or
69-2   Residence    Chapter 69


                             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 partner*.
                        d. An application under Partnership policy will be declined if:
                             i   the application is not supported by a New Zealand citizen or
                                 resident* partner* who is an eligible sponsor*, or
                             ii a visa or 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 a visa or 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
                                 policy (see A4 and A5).
                        e. Applications for residence under Partnership policy will also be
                           declined if the principal applicant* was a partner to the sponsor but
                           not declared on the sponsor’s application for residence.

                                                                               Effective 28/11/2005


              F2.10 Definitions
                        See F2 Effective 01/10/2001

                        F2.10.1 Definition of 'genuine and stable' partnership
                        a. A partnership is genuine and stable if a visa or immigration officer is
                           satisfied that it:
                             i   is genuine, because it has been entered into with the intention of
                                 being maintained on a long-term and exclusive basis, and
                             ii is stable, because it is likely to endure.

                        F2.10.5 Definition of 'New Zealand resident' for the purposes of
                                 Partnership policy
                        New Zealand resident* means a person who:
                        a.
                             i   holds a current* New Zealand residence permit or current* New
                                 Zealand returning resident's visa; or
                                               Chapter 69 Residence      69-3


     ii holds a valid Australian passport.
b. Despite (a) above, the following people are defined as New Zealand
   residents for the purposes of Partnership policy only where a visa or
   immigration officer is satisfied that New Zealand is their primary
   place of established residence at the time the application under
   Partnership policy 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 permit or current* New Zealand returning
         residents' visa;
     ii holders of current* New Zealand residence permits that have been
        granted on the basis that the person is the holder of an Australian
        resident return visa;
     iii holders of current* New Zealand returning residents’ visas issued
         to the holder of a New Zealand residence permit that was granted
         on the basis that the person is the holder of an Australian resident
         return visa.
c. Where (b) applies, evidence must be provided that the sponsor'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 sponsor' for the purposes of
         Partnership policy
Eligible sponsor* means a New Zealand citizen or resident* who:
a.
     i   has not previously supported or sponsored more than one other
         successful principal applicant* under Partnership policy, or
     ii has not supported or sponsored any other successful principal
        applicant* under Partnership policy in the five years immediately
        preceding the date the current application is made*, or
     iii was not the perpetrator of an incident of domestic violence which
         has resulted in the grant of a residence permit to a person under
         the policy for victims of domestic violence (see S4.5).
b. Despite (a)(i) and (ii) above, if the sponsor was a successful principal
   applicant* under Partnership policy then they will not be considered
   to be an eligible sponsor* unless:
     i   at least five years have elapsed since the date they were granted
         residence under Partnership policy, and
     ii they have not supported or sponsored any other successful
        principal applicant* under Partnership policy.
     Note:
69-4   Residence    Chapter 69


                            ~ A person is considered to be the perpetrator of an incident of
                            domestic violence if they have been convicted in New Zealand of an
                            offence of domestic violence against such a person or they were the
                            subject of a complaint of domestic violence against such a person
                            investigated by the New Zealand Police where the New Zealand
                            Police are satisfied that such domestic violence has occurred. (See
                            S4.5.1)
                            ~ Applications under Partnership policy include applications made
                            under the Family category Spouse and De facto partner policies in
                            force before Partnership policy took effect.

                                                                              Effective 29/09/2003


              F2.15 Minimum requirements for the recognition of partnerships
                        See F2.15 Effective 29/09/2003
                        See F2 Effective 01/10/2001

                        Partnerships will only be recognised for the purposes of this policy if:
                        a. the couple are both aged 18 years or older at the time that the
                           application for residence 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
                           residence 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 this policy
                           is made*, and
                        d. the couple are not close relatives.
                            Note: For the purposes of this policy 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             Daughter's son
                        grandmother                                grandfather
                                                 Chapter 69 Residence      69-5


A man may not marry his:                     A woman may not marry her:
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's
                   daughter                                        son
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
1.       Grandparent
2.       Parent
3.       Child
4.       Grandchild
5.       Sibling
6.       Parent’s sibling
7.       Sibling’s child
8.       Grandparent’s spouse or civil union partner
9.       Parent’s spouse or civil union partner
10.      Spouse’s or civil union partner’s parent
11.      Spouse’s or civil union partner’s grandparent
12.      Spouse’s or civil union partner’s child
13.      Child’s spouse or civil union partner
14.      Grandchild’s spouse or civil union partner
15.      Spouse’s or civil union partner’s grandchild
69-6   Residence    Chapter 69


                        2. The prohibited degrees of civil union apply whether the relationships
                           described are by the whole blood or by the half blood.

                                                                              Effective 04/07/2005


              F2.20 Evidence
                        See F2.20 Effective 04/07/2005
                        See F2.20 Effective 29/09/2003
                        See F2 Effective 01/10/2001

                        Immigration Act 1987 s 13B(3)(e)

                        a. Evidence supporting an application under Partnership policy for New
                           Zealand residence 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 residence under Partnership
                                     policy, and
                                     is an eligible sponsor*, 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    a valid New Zealand passport, or
                                               Chapter 69 Residence      69-7


   ii a Certificate of New Zealand Citizenship, or
   iii a recent official statement of citizenship from the Department of
       Internal Affairs, or
   iv a New Zealand birth certificate.
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* residence permit, or
   ii a current* New Zealand returning resident's 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 sponsor's primary place of
   established residence may include but is not limited to original or
   certified copies of:
       correspondence addressed to the sponsor
       employment records
       records of benefit payments from the Ministry of Social
       Development
       banking records
       rates demands
       Inland Revenue Department records
       mortgage documents
       tenancy and utility supply agreements
       documents showing that the sponsor'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 sponsorship and support by New Zealand
         citizen or resident* partner*
A principal applicant* must provide a Sponsorship Form for Residence in
New Zealand which:
a. confirms that the sponsor is a New Zealand citizen or resident*; and
b. confirms support for the application, and
c. includes a declaration that the sponsor:
   i   is an eligible sponsor* (see F2.10.10), and
   ii is in a partnership with the principal applicant* that meets the
      minimum requirements for recognition of partnerships (see
      F2.15).
69-8   Residence   Chapter 69



                       F2.20.15 Evidence of living together in partnership that is genuine
                                and stable*
                       a. Evidence that the principal applicant* and partner* are living
                          together may include but is not limited to original or certified copies
                          of documents showing shared accommodation such as:
                           i    joint ownership of residential property
                           ii joint tenancy agreement or rent book or rental receipts
                           iii correspondence (including postmarked envelopes) addressed to
                               both principal applicant* and partner* at the same address.
                       b. If a couple has been living separately for any period during their
                          partnership, they should provide evidence of the length of the periods
                          of separation, the reasons for them, and how their relationship was
                          maintained during the periods of separation, such as letters, itemised
                          telephone accounts or e-mail messages.
                       c. Evidence about whether the partnership is genuine and stable* may
                          include but is not limited to, original or certified copies of documents
                          and any other information such as:
                           i    a marriage certificate for the parties;
                           ii a civil union certificate for the parties;
                           iii birth certificates of any children of the parties;
                           iv evidence of communication between the parties;
                           v    photographs of the parties together;
                           vi documents indicating public recognition of the partnership;
                           vii evidence of the parties being committed to each other both
                               emotionally and exclusively such as evidence of:
                                    joint decision making and plans together
                                    sharing of parental obligations
                                    sharing of household activities
                                    sharing of companionship/spare time
                                    sharing of leisure and social activities
                                    presentation by the parties to outsiders as a couple.
                           viii evidence of being financially interdependent such as evidence of
                                                         Chapter 69 Residence        69-9


                     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 28/11/2005


F2.25 Verification
          See F2 Effective 01/10/2001

          F2.25.1 Interviews
          a. Visa and 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 a visa or immigration officer is satisfied
             without an interview that the couple is living together in a partnership
             that is genuine and stable*.
          c. Visa and 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 F2.30) to determine whether the couple is
             still living together in a partnership that is genuine and stable*.
          d. Home visits may only be made between the hours of 7.00 am and
             9.00 pm so long as the time of the visit is reasonable in the
             circumstances.

          F2.25.5 Family details
          Visa and 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 29/09/2003
69-10   Residence     Chapter 69



               F2.30 Determining if the couple is living together in...
                          F2.30 Determining if the couple is living together in a partnership
                          that is genuine and stable*

                          See F2.30 Effective 29/09/2003
                          See F2 Effective 01/10/2001
                          a. When determining if the couple is living together in a partnership that
                             is genuine and stable* the visa or 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 visa must not be issued or a residence permit granted
                             unless the visa or 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 a visa or 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, visa and 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;
                                                         Chapter 69 Residence      69-11


                  the duration of the partnership and the length of time the couple
                  has spent apart;
                  the extent to which the couple has made efforts to be together
                  during the time apart.

                                                                Effective 04/07/2005


F2.35 Deferring the final decision* if...
           F2.35 Deferring the final decision* if the partnership is genuine and
           stable* but less than 12 months duration

           See F2 Effective 01/10/2001
           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 or visa 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 issued with a work
              visa or granted a work permit (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 application to be completed.

                                                                Effective 29/09/2003


F2.40 General rules
           See F2.40 Effective 29/09/2003
           See F2 Effective 01/10/2001

           F2.40.1 Application of English language policy
           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 Policy 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 policy applying at the time the
              application under Family category policy is made*.
           b. Such an applicant will be subject to the applicable English language
              policy as if they were a non-principal applicant under the Skilled
              Migrant Category or Business Immigration Policy.
69-12   Residence   Chapter 69


                        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 policy of the
                           Skilled Migrant Category applying at the time the application under
                           Family category policy is made*.
                        d. A principal applicant* who would have been eligible for inclusion in
                           an earlier Business Investor category or Business Immigration Policy
                           application will be subject to the English language policy of Business
                           Immigration Policy applying at the time the application under Family
                           category policy is made*.

                        F2.40.5 Application under Partnership policy of person eligible for
                                 inclusion in an earlier Family Quota, Refugee Family Quota
                                 or Pacific Access Category registration
                        If the principal applicant* in an application under Partnership policy was
                        eligible for inclusion in a successful registration under the Family Quota,
                        the Refugee Family Quota or the Pacific Access Category, but was not
                        included, they must not subsequently be granted residence under
                        Partnership policy.

                        F2.40.10 Residence permits with requirements
                        If a New Zealand partner’s residence permit is subject to requirements,
                        then the principal applicant's* residence permit will be subject to the
                        requirement that the New Zealand resident* partner* complies with those
                        requirements (see R5.70.1).

                                                                             Effective 15/12/2003
                                                                     Chapter 70 Residence     70-1


CHAPTER 70

F3 De facto partner policy
                         This policy ceases to be effective from 29/09/2003

                         See F3 Effective 01/10/2001
                         See F3 Effective 26/07/1999

                                                                              Effective 29/09/2003
                                                                                      Chapter 71 Residence                71-1


CHAPTER 71

F4 Parent policy
                       See F4 Effective 26/07/1999

                                                                                                 Effective 01/10/2001


                       In This Chapter
                       F4.1 How do parents qualify for residence? ........................................ 71-1
                       F4.5 Definitions ................................................................................... 71-3
                       F4.10 Evidence..................................................................................... 71-5
                       F4.15 Verification of family details ..................................................... 71-9
                       F4.20 Deferring the final decision*...................................................... 71-9
                       F4.25 Undertakings of sponsors........................................................... 71-9


             F4.1 How do parents qualify for residence?
                       See F4.1 Effective 01/10/2001
                       See F4 Effective 26/07/1999
                       a. Parent(s) of a New Zealand citizen or resident* meet Parent policy if
                          either:
                            i    They have no dependent children* and all of their adult children*
                                 are lawfully and permanently* outside the country in which they
                                 are lawfully and permanently*, or
                            ii the centre of gravity* of their family is in New Zealand.
                       b. In each case the parent(s) must be sponsored by an adult child who:
                            i    is in New Zealand, and:
                            ii is a New Zealand or Australian citizen or the holder of a current
                               residence permit that is not subject to requirements under s18A of
                               the Immigration Act 1987, and
                            iii has been a New Zealand or Australian citizen and/or the holder of
                                a residence permit or a returning resident's visa for at least three
                                years immediately preceding the date the application under Parent
                                policy is made*, and
                            iv 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.
                       c. Applicants under parent policy must meet health and character
                          requirements policy (see A4 and A5).

                       F4.1.1 Grandparents and legal guardians
                       a. A principal applicant* and their partner* will be considered as
                          'parent(s)' and a sponsor will be considered as an 'adult child' under
                          Parent policy if:
71-2   Residence   Chapter 71


                           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.
                       b. A sponsor's grandparent and their partner* will be considered as
                          'parent(s)' and a sponsor will be considered as an 'adult child' under
                          Parent policy if both the sponsor's parents are deceased.
                       c. Only one grandparent and their partner* may be sponsored under
                          Parent policy.

                       F4.1.5 Who are considered to be children of the principal applicant*
                               and the principal applicant's* family?
                       a. In the context of parent policy, 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 as
                              part of the principal applicant's* family unit for a predominant
                              period of the child's life between the time their relationship with
                              the principal applicant* began and when the child turned 17 years
                              of age.
                       b. In the context of parent policy, 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 as
                              part of the principal applicant's* family unit for a predominant
                              period of the child's life between the time their relationship with
                              the principal applicant* began and when the child turned 17 years
                              of age.
                       c. In the context of parent policy, 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
                                                           Chapter 71 Residence        71-3


               iii any child of the principal applicant's* partner (whether or not the
                   partner is included in the application), if that child has lived as
                   part of the principal applicant's* family unit for a predominant
                   period of the child's life between the time their relationship with
                   the principal applicant* began and when the child turned 17 years
                   of age.

                                                                   Effective 29/09/2003


F4.5 Definitions
          See F4.5 Effective 01/10/2001
          See F4 Effective 26/07/1999

          F4.5.1 Definition of 'lawfully and permanently'
          People who are lawfully and permanently in a country are either:
          a.
               i   citizens of that country, or persons who have the right of, or
                   permission to take up, permanent residence in that country; and
               ii actually residing in that country; or
          b. living in a refugee camp in that country with little chance of
             repatriation.

          Note: if a person is actually residing in a country in which they do not
          have the right of, or permission to take up, permanent residence, for the
          purpose of determining whether an applicant meets parent policy they are
          deemed to be lawfully and permanently in the country in which they were
          predominantly living in the last 10 years and in which they are entitled to
          reside lawfully and permanently.


          F4.5.5 Definition of 'dependent child'
          For the purpose of Parent policy, and despite the definition in section 2 of
          the Immigration Act 1987, a child is dependent if he or she is:
          a.
               i   aged 17 to 24, with no child(ren) of his or her own, and
               ii single* and
               iii totally or substantially reliant on their parent(s) for financial
                   support, whether living with them or not; or
          b.
               i   aged 16 or younger, and
               ii single* and
               iii totally or substantially reliant on their parent(s) for financial
                   support, whether living with them or not.
71-4   Residence   Chapter 71


                       c. When determining whether a child of 17 to 24 years of age is totally
                          or substantially reliant on their parent(s) for financial support, visa
                          and immigration officers must consider the whole application, taking
                          into account all relevant factors including:
                                whether the child is in paid employment, whether this is full time
                                or part time, and its duration;
                                whether the child has any other independent means of financial
                                support;
                                whether the child is living with its parents or another family
                                member, and the extent to which other support is provided;
                                whether the child is studying, and whether this is full time or part
                                time.

                       F4.5.10 Definition of 'adult child'
                       In the context of Parent policy, 'adult child' means a child of 17 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 17 or older.
                       b. However, children aged 17 to 24 must only be considered as 'adult
                          children for sponsorship purposes' if they can satisfy a visa or
                          immigration officer that they are able to meet the undertakings given
                          in the sponsorship form.

                       F4.5.20 Definition of 'centre of gravity'
                       a. A family's centre of gravity is in New Zealand if either:
                            i   the principal applicant* parent has no dependent children*, and
                            ii the number of their adult children* lawfully and permanently* in
                               New Zealand is equal to or greater than those lawfully and
                               permanently* in any other single country, including the country in
                               which the principal applicant* is lawfully and permanently*; or
                       b.
                            i   the principal applicant* parent has dependent children*, and
                            ii the number of their adult children* lawfully and permanently* in
                               New Zealand is equal to or greater than those lawfully and
                               permanently* in any other single country, including the country in
                               which the principal applicant* parent is lawfully and
                               permanently, and
                            iii the number of their dependent children* is equal to or fewer than,
                                the number of their adult children* who are lawfully and
                                permanently* in New Zealand.
                            Note: the following tables show examples of how the 'centre of
                            gravity' principle is applied.
                                                                 Chapter 71 Residence            71-5


             PARENT WITH NO DEPENDENT CHILDREN
             No. of children      In New Zealand        In home               Third country        Eligible?
                                                        country
             2                    1                     1                     -                    YES
             5                    2                     1                     2                    YES
             4                    1                     1                     2                    NO
             6                    2                     1                     3                    NO
             6                    2                     2                     2                    YES


             PARENT WITH DEPENDENT CHILDREN
             No. of children      In New Zealand        In home               Third country        Eligible?
                                                        country
             2                    1 adult               1 dependant           -                    YES
             4                    1 adult               1adult                -                    NO
                                                        2 dependants
             4                    1 adult               2 dependants          1 adult              NO
             4                    1 adult               1 adult               1 adult              YES
                                                        1 dependant
             6                    2 adults              2 dependants          2 adults             YES

                                                                         Effective 24/04/2006


F4.10 Evidence
         See F4 Effective 26/07/1999

         Immigration Act 1987 s 13B(3)(e)
         Immigration Regulations 1999 regs 4(1)(e) and (h), 4(2)(a) and (b), 10(1)(e) and (i),
         10(2)(a) and (b)

         The items listed in F4.10.1 to F4.10.40 below are examples of relevant
         evidence: other documents may also be relevant.

            F4.10.1 Evidence of relationship of parent(s) to children
         a. Evidence of 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.
71-6   Residence   Chapter 71



                       F4.10.5 Evidence of relationship to grandparent where the sponsor’s
                                parents are deceased
                       a. Evidence of sponsor’s relationship to their grandparent(s)' is original
                          or certified copies of:
                           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 a visa or
                          immigration officer.

                       F4.10.10 Evidence of legal guardianship where the sponsor’s parents
                                are deceased
                       Evidence of legal guardianship of the sponsor includes but is not limited
                       to documents showing that the principal applicant* had custody of the
                       sponsor and the right to control the sponsor's upbringing before the
                       sponsor attained the age of 20 such as the following:
                           legal documents (such as the sponsor’s parent's will) showing that the
                           principal applicant* was named as the guardian of the sponsor, to
                           have custody of the sponsor and the right to control their upbringing
                           in the event of the death of the sponsor's biological or adoptive
                           parents;
                           a court order granting legal guardianship of the sponsor to the
                           principal applicant* (including custody of the sponsor and the right to
                           control their upbringing) after the death of their parents and prior to
                           the sponsor attaining the age of 20 years;
                           documents showing that the sponsor lived with the principal
                           applicant* after the death of their parents and prior to the sponsor
                           attaining the age of 20 years;
                           documents such as medical and school records indicating that the
                           principal applicant* acted in the role of a parent for the sponsor after
                           the death of their biological or adoptive parents and prior to the
                           sponsor attaining the age of 20 years.

                       F4.10.15 Evidence that parents are deceased
                       a. 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 a visa or 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.
                                               Chapter 71 Residence      71-7



F4.10.20 Evidence of dependence
a. Up to 17 years of age, if a child is unmarried it is presumed to be
   dependent.
b. For children aged 17 to 24, evidence of actual dependence may be
   required.

F4.10.25 Evidence of sponsorship
Evidence is a Sponsorship Form for Residence in New Zealand which:
a. confirms that the sponsor is:
     i   in New Zealand, and
     ii is a New Zealand or Australian citizen or the holder of a current
        residence permit that is not subject to requirements under s18A of
        the Immigration Act 1987, and
     iii has been a New Zealand or Australian citizen and/or the holder of
         a residence permit or a returning resident's visa for at least three
         years immediately preceding the date the application under Parent
         policy is made*, and
     iv that 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; and
b. contains the undertakings required (see F4.25).

F4.10.30 Evidence of immigration status of sponsors
a.    Evidence that sponsors are New Zealand citizens may include but is
     not limited to original or certified copies of:
         a valid New Zealand passport, or
         a Certificate of New Zealand Citizenship, or
         a recent official statement of citizenship from the Department of
         Internal Affairs, or
         a New Zealand birth certificate.
b. Evidence that sponsors are New Zealand residents* may include but
   is not limited to original or certified copies of:
         a current* New Zealand residence permit or returning resident's
         visa in their passport or travel document, or
         a valid Australian passport.

F4.10.35 Evidence of time spent in New Zealand as a citizen and/or
         holder of a residence permit
a. When determining the amount of time spent in New Zealand, NZIS
   may refer to NZIS 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 the NZIS.
71-8   Residence   Chapter 71


                       c. 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 permit.

                       Note: Periods during which a residence permit has been held are
                       calculated inclusive of both arrival and departure dates.


                       F4.10.40 Evidence of being 'lawfully and permanently'* in a country
                       a. Evidence that a person is lawfully and permanently in a country may
                          include but is not limited to original or certified copies of:
                                a passport or passport pages showing identity and residence
                                permit
                                letters or other documents showing that permanent residence in
                                another country has been granted
                                a passport or passport pages showing identity and nationality
                                naturalisation or citizenship certificates.
                       b. If a person does not need a permit to live in their country of residence
                          (eg, European Community nationals living in other European
                          Community countries), principal applicants* must provide original or
                          certified copies of:
                                registration cards or certificates from the local police or municipal
                                authority, or
                                confirmation of the person's residence status from an authoritative
                                source such as a municipal, judicial, police or government
                                authority.
                       c. Evidence must also be provided of actual residence in the country.
                          Evidence may include but is not limited to original or certified copies
                          of:
                                correspondence addressed to the person
                                employment references
                                rates demands
                                income tax returns
                                mortgage documents
                                documents showing that household effects have been moved to
                                that country.

                                                                              Effective 01/10/2001
                                                         Chapter 71 Residence      71-9



F4.15 Verification of family details
           See F4 Effective 26/07/1999

           Visa and 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 01/10/2001


F4.20 Deferring the final decision*
           See F4.20 Effective 01/10/2001
           See F4 Effective 26/07/1999
           a. If, at the time of assessment, the principal applicant* has not met the
              policy criteria under F4.1, but may be able to do so within 6 months,
              the final decision* on the application may be deferred for up to 6
              months.
           b. A principal applicant* and partner* included in the application, who
              are already in New Zealand, may be granted a further temporary
              permit or permits (once an application is made*) for a period
              sufficient to enable a further assessment of their application after the
              6-month deferral period.

                                                                Effective 29/09/2003


F4.25 Undertakings of sponsors
           See F4.25 Effective 01/10/2001
           See F4 Effective 26/07/1999

           A sponsor must undertake:
           a. to ensure that adequate accommodation in New Zealand is and
              continues to be available for their relatives; and
           b. to provide accommodation during the first 24 months of their
              relatives' residence in New Zealand if necessary; and
           c. to provide financial support during the first 24 months of their
              relatives' residence in New Zealand if necessary; and
           d. to repay to the Crown any costs to the Crown which result from their
              failure to meet their obligations as a sponsor and acknowledge that if
              those costs are incurred they become a debt due to the Crown.
              Note: Sponsors who obtained residence in New Zealand on the basis
              of their status as refugees are not required to give the undertakings in
              (c) and (d) above.

                                                                Effective 13/12/2001
                                                                                       Chapter 72 Residence                72-1


CHAPTER 72

F5 Dependent child policy
                        See F5 Effective 26/07/1999




                        In This Chapter
                        F5.1 How do dependent children qualify for residence?...................... 72-1
                        F5.5 Definitions ................................................................................... 72-3
                        F5.10 Evidence..................................................................................... 72-3
                        F5.15 Verification of family details ..................................................... 72-5
                        F5.20 Dependent children under 16 whose parents are
                        separated or divorced .......................................................................... 72-6
                        F5.25 Dependent children under 16 with only one parent holding... ... 72-6
                        F5.30 Application of English language policy..................................... 72-7
                        F5.35 Application under Dependent child policy ................................ 72-8
                        F5.40 Residence permits with requirements ........................................ 72-8


             F5.1 How do dependent children qualify for residence?
                        See F5.1 Effective 01/10/2001
                        See F5 Effective 26/07/1999
                        a. Principal applicants* meet dependent child policy if:
                             i    they are:
                                        aged 17 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) are lawfully and permanently* in New
                                        Zealand; or
                             ii they are
                                        aged 16 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) are lawfully and permanently* in New
                                        Zealand.
                        b. Principal applicants* under dependent child policy must also:
72-2   Residence   Chapter 72


                           i    have been born to, or adopted by (see R3), their parent(s) before
                                their parent(s) made* their own application for residence, and
                                have been declared as dependent children on their parent(s)'
                                application for residence; or
                           ii have been born to their parent(s) after their parents made* their
                              own application for residence; or
                           iii have been adopted by (see R3) their parent(s) after their parent(s)
                               made* their own application for residence, 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 residence, but that principal applicant was not
                           declared as a dependent child on their parent(s)' application for
                           residence, section R5.15 will apply.
                       c. When determining whether a child of 17 to 24 years of age is totally
                          or substantially reliant on an adult (whether their parent or not) for
                          financial support, visa and immigration officers must consider the
                          whole application, taking into account all relevant factors including:
                                whether the child is in paid employment, whether this is full time
                                or part time, and its duration;
                                whether the child has any other independent means of financial
                                support;
                                whether the child is living with its parents or another family
                                member, and the extent to which other support is provided;
                                whether the child is studying, and whether this is full time or part
                                time.
                       d. Principal applicants* under dependent child policy must meet health
                          and character requirements policy (see A4 and A5).

                                                                              Effective 30/06/2003
                                                         Chapter 72 Residence          72-3



F5.5 Definitions
          See F5.5 Effective 29/09/2003
          See F5.5 Effective 01/10/2001
          See F5 Effective 26/07/1999

          F5.5.1 Definition of 'single'
          A person is single* if they are not legally married, are not in a civil union,
          or not living in a de facto relationship.

          Note: For the purposes of this policy 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 are:
          a. citizens of New Zealand, or
          b. holders of New Zealand residence permits, or
          c. holders of current New Zealand returning resident's visas, or
          d. citizens of Australia, and
          e. actually residing in New Zealand.

                                                                 Effective 04/07/2005


F5.10 Evidence
          See F5.10 Effective 01/10/2001
          See F5 Effective 26/07/1999

          Immigration Act 1987 s 13B(3)(e)

          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 parent(s) is
             original or certified copies of:
              i    birth certificates establishing the relationship of the dependent
                   child* to its 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
             parents may also be provided.
72-4   Residence   Chapter 72



                       F5.10.5 Evidence of declaration by parent(s)
                       Evidence of declaration as a dependent child* is the declaration of
                       children on the parent(s') residence application form.

                       F5.10.10 Evidence that principal applicant* is single*, with no
                                children, and 24 or younger
                       a. Evidence that the principal applicant* is single*, with no children,
                          and aged 17 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 17 to 24.
                       b. Evidence that the principal applicant* is single*, and 16 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
                              16 or younger.

                       F5.10.15 Evidence of financial dependence (see F5.1)
                       a. Up to 17 years of age, if a child is unmarried and has no children of
                          its own, it is presumed to be dependent.
                       b. For children aged 17 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 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 processing officer, if there are clear precedents
                          for adoptions from the country concerned.
                                                        Chapter 72 Residence      72-5



           F5.10.30 Evidence of parent(s)' New Zealand citizenship or residence
           a. Evidence that parent(s) are New Zealand citizens may include but is
              not limited to original or certified copies of:
                  a valid New Zealand passport, or
                  a Certificate of New Zealand Citizenship, or
                  a recent official statement of citizenship from the Department of
                  Internal Affairs, or
                  a New Zealand birth certificate.
           b. Evidence that parents are New Zealand residents* is:
              i   a current* New Zealand residence permit or returning resident's
                  visa in their passport or travel document, or
              ii a valid Australian passport.

           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 04/07/2005


F5.15 Verification of family details
           See F5 Effective 26/07/1999

           Visa and 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 01/10/2001
72-6   Residence    Chapter 72



              F5.20 Dependent children under 16 whose parents are separated or
                       divorced
                        See F5 Effective 26/07/1999
                        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 residence unless the New Zealand
                           citizen or resident parent produces satisfactory evidence of their right
                           to remove the child from the country in which the rights of custody or
                           visitation have been granted or, if no such rights of visitation have
                           been granted, from the country of residence.
                        c. Except where (d) applies, evidence of the right to remove the child
                           from the country in which rights of custody or visitation have been
                           granted must include original or certified copies of:
                            i    legal documents showing that the New Zealand citizen or resident
                                 parent has the sole right to determine the residence of the child,
                                 without rights of visitation by the other parent, or
                            ii a court order permitting the New Zealand citizen or resident
                               parent to remove the child from its country of residence, or
                            iii legal documents showing that the New Zealand citizen or resident
                                parent has custody of the child and a signed statement from the
                                other parent, witnessed in accordance with local practice or law,
                                agreeing to allow the child to live in New Zealand if the
                                application is approved.
                        d. Where an immigration or visa 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
                               NZIS to have the right to remove the child from its country of
                               residence.

                                                                              Effective 01/10/2001


              F5.25 Dependent children under 16 with only one parent holding...
                        See F5 Effective 26/07/1999

                        F5.25 Dependent children under 16 with only one parent holding
                        New Zealand citizenship or New Zealand residence
                        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.
                                                       Chapter 72 Residence       72-7


          b. Such children will not be granted residence 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,
             the death certificate of the other parent must be provided.
          e. Where an immigration or visa 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
                NZIS to have the right to remove the child from its country of
                residence.

                                                               Effective 01/10/2001


F5.30 Application of English language policy
          See F5.30 Effective 01/10/2001
          See F5 Effective 26/07/1999
          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 Policy 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 policy applying at the time
             the application under Family category policy is made*.
          b. Such an applicant will be subject to the applicable English language
             policy as if they were a non-principal applicant under the Skilled
             Migrant category or Business Immigration Policy.
          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 policy of the
             Skilled Migrant Category applying at the time the application under
             the Family category policy is made*.
72-8   Residence    Chapter 72


                        d. A principal applicant* who would have been eligible for inclusion in
                           an earlier Business Investor category or Business Immigration Policy
                           application will be subject to the English language policy of Business
                           Immigration Policy applying at the time the application under Family
                           category policy is made*.

                                                                            Effective 15/12/2003


              F5.35 Application under Dependent child policy
                        See F5.35 Effective 01/10/2001
                        See F5 Effective 26/07/1999

                        F5.35 Application under Dependent child policy of person eligible for
                        inclusion in an earlier Family Quota of Refugee Family Quota
                        registration

                        If the principal applicant* in an application under Dependent child policy
                        was eligible for inclusion in a successful registration under either the
                        Family Quota or Refugee Family Quota, but was not included, they will
                        not be granted residence under Dependent child policy.

                                                                            Effective 01/07/2002


              F5.40 Residence permits with requirements
                        See F5 Effective 26/07/1999

                        If parent(s)' residence permits are subject to requirements, then their
                        dependent child's* residence permit will be subject to the requirement
                        that the New Zealand resident parent(s) comply with those requirements
                        (see R5.70.1).

                                                                            Effective 01/10/2001
                                                                                         Chapter 73 Residence                73-1


CHAPTER 73

F6 Sibling and adult child policy
                          See F6 Effective 26/07/1999

                          In This Chapter
                          F6.1 How do siblings and adult children qualify for residence?.......... 73-1
                          F6.5 Definitions ................................................................................... 73-2
                          F6.10 Evidence..................................................................................... 73-5
                          F6.15 Verification ................................................................................ 73-8
                          F6.20 Confirmation of offer of employment........................................ 73-8
                          F6.25 Deferring the final decision*...................................................... 73-8
                          F6.30 Undertakings of sponsors........................................................... 73-9
                          F6.35 Application of English language policy..................................... 73-9


              F6.1 How do siblings and adult children qualify for residence?
                          See F6.1 Effective 01/10/2001
                          See F6 Effective 26/07/1999

                          Siblings and adult children of New Zealand citizens or residents* meet
                          Sibling and adult child policy if:
                          a. they have no other immediate family* who are lawfully and
                             permanently* in the same country in which the principal applicant* is
                             lawfully and permanently*, and
                          b. they have an acceptable offer of employment* in New Zealand.
                          c. in each case the adult child or sibling must be sponsored by an adult
                             sibling or parent who:
                               i    is in New Zealand, and
                               ii is a New Zealand or Australian citizen or the holder of a current
                                  residence permit that is not subject to requirements under s18A of
                                  the Immigration Act 1987, and
                               iii has been a New Zealand or Australian citizen and/or the holder of
                                   a residence permit or a returning resident's visa for at least three
                                   years immediately preceding the date the application under
                                   Sibling and adult child policy is made*, and
                               iv 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.
                          d. Principal applicants* with dependent children* must show that they
                             will meet a minimum income requirement if they come to New
                             Zealand, which is intended to ensure they can support themselves and
                             any dependants. The Table below sets out the gross minimum income
                             requirement for principal applicants* with dependent children*:
73-2   Residence    Chapter 73


                                 Number of                    Total family income per
                                 dependent children*          year
                                 1                            $30,946
                                 2                            $36,493
                                 3                            $42,040
                                 4 or more                    $47,586

                            Note: If a principal applicant's* partner* included in their application
                            also has an offer of employment in New Zealand, their wage or salary
                            may be taken into account when determining the Total family income
                            per year, provided (at the time the application is assessed) a visa or
                            immigration officer is satisfied the principal applicant* and partner*
                            have been living together for 12 months or more in a partnership that
                            is genuine and stable* - see R2.1.15.1(b) and R2.1.15.5(a)(i). A
                            partner's offer of employment must meet all the requirements for an
                            acceptable offer of employment except the requirement that the offer
                            be for full-time employment.
                        e. Siblings and adult children must meet health and character
                           requirements policy (see A4 and A5).

                        F6.1.1 Lodgement requirements for applications made under Sibling
                                 and adult child policy
                        a. All applications lodged under Sibling and adult child policy must
                           include an offer of employment.
                        b. Applications that do not include an offer of employment will not be
                           considered to be made* (see R2.25).
                        c. If the original job offer lodged with an application under Sibling and
                           adult child policy has been replaced by another, the new offer will be
                           checked against the relevant policy criteria as if it were the first offer.

                                                                               Effective 29/09/2003


              F6.5 Definitions
                        See F6.5 Effective 12/09/2005
                        See F6.5 Effective 01/10/2001
                        See F6.5 Effective 26/07/1999

                        F6.5.1 Definition of 'adult child'
                        In the context of Sibling and adult child policy, 'adult child' means a child
                        of 17 or older unless they are dependent (see F4.5.5).

                        F6.5.5 Definition of 'immediate family'
                        a. In the context of Sibling and adult child policy, 'immediate family'
                           includes all biological or adoptive parents and siblings of the
                           principal applicant*.
                                                Chapter 73 Residence     73-3


b. Step-parents and step-siblings are considered to be part of the
   principal applicant's* 'immediate family' unless the principal
   applicant* provides evidence that these family members have not
   lived as part of the principal applicant's* family unit for a
   predominant period of the principal applicant's* life since the step-
   relationship was created.

F6.5.10 Definition of 'adult sibling for sponsorship purposes'
a. For sponsorship purposes, adult sibling means a sibling aged 17 or
   older.
However, siblings aged 17 to 24 must only be considered as 'adult
siblings for sponsorship purposes' if they can satisfy an immigration or
visa officer that they are able to meet the undertakings given on the
sponsorship form.

F6.5.15 Definition of 'lawfully and permanently'
People who are lawfully and permanently in a country are either:
a.
     i   citizens of that country, or persons who have the right of, or
         permission to take up, permanent residence in that country; and
     ii actually residing in that country; or
b. living in a refugee camp in that country with little chance of
   repatriation.

Note: If a person is actually residing in a country in which they do not
have the right of, or permission to take up, permanent residence, for the
purpose of determining whether an applicant meets sibling and adult
child policy they are deemed to be lawfully and permanently in the
country in which they were predominantly living in the last 10 years and
in which they are entitled to reside lawfully and permanently.


F6.5.20 Definition of 'acceptable offer of employment'
a. Offers of employment are acceptable if they are for ongoing and
   sustainable employment with a single employer, or for one or more
   contracts totalling at least 6 months, if the principal applicant* has
   provided evidence of having had at least two years of contract work
   (see F6.5.25 below); and
b. for full-time employment*, and
c. current at the time of assessing the application and at the time of
   issue of the visa or grant of the permit (see F6.20), and
d. genuine, and
e. for a position that is paid by salary or wages (positions of self-
   employment, payment by commission and/or retainer are not
   acceptable), and
73-4   Residence   Chapter 73


                       f.   accompanied by evidence of full or provisional registration, if full or
                            provisional registration is required by law to take up the offer, and
                       g. compliant with all relevant employment law in force in New Zealand.
                            Note: Compliance with relevant New Zealand employment law
                            includes but is not limited to:
                            ~ a written employment agreement that contains the necessary
                            statutory specified terms and conditions
                            ~ paying employees no less than the appropriate adult or youth
                            minimum wage
                            ~ meeting holiday and special leave requirements or other minimum
                            statutory criteria
                            ~ meeting occupational safety and health obligations.

                       F6.5.25 Definition of 'ongoing and sustainable employment'
                       a. Employment is ongoing and sustainable if it is:
                            i   an offer of employment or current employment with a single
                                employer and permanent, or indefinite, or for a stated term of at
                                least twelve months with an option for the employee of further
                                terms, and of which the employer is in a position to meet the
                                terms specified; or
                            ii employment on a contract basis where the applicant:
                                   has a consistent history of contract work, and
                                   has a current contract for services, and
                                   the NZIS is satisfied that such contract work is likely to be
                                   sustained.
                            Note: When assessing whether employment is sustainable, officers
                            may consider, but are not limited to, such factors as the residence
                            status of the employer, the period for which the employing
                            organisation has been established as a going concern, and the
                            financial sustainability of the employing organisation.

                       F6.5.30 Definition of 'full-time employment'
                       Employment is full-time if it amounts to, on average, at least 30 hours per
                       week.

                                                                              Effective 24/04/2006
                                                                Chapter 73 Residence             73-5



F6.10 Evidence
         See F6 Effective 26/07/1999

         Immigration Act 1987 s 13B(3)(e)
         Immigration Regulations 1999 regs 4(1)(e) and (h), 4(2)(a) and (b), 10(1)(e) and (i),
         10(2)(a) and (b)

         The items listed in F6.10.1 to F6.10.25 below are examples of relevant
         evidence: other documents may also be relevant.

           F6.10.1 Evidence of relationship to sponsor
         a. Evidence of siblings' or adult children's relationship to their sponsor
            is original or certified copies of:
             i    birth certificates establishing the relationship of the sponsor to the
                  principal applicant*, or
             ii household registration documents, if these establish the
                relationship of the sponsor to the principal applicant*, or
             iii evidence of adoption (see R3), which establishes the relationship
                 of the sponsor to the principal applicant*.
         b. Other evidence establishing the relationship of the sponsor to the
            principal applicant* may also be provided.

         F6.10.5 Evidence of sponsorship
         Evidence is a Sponsorship Form for Residence in New Zealand which:
         a. confirms that the sponsor is:
             i    in New Zealand, and
             ii is a New Zealand or Australian citizen or the holder of a current
                residence permit that is not subject to requirements under s18A of
                the Immigration Act 1987, and
             iii has been a New Zealand or Australian citizen and/or the holder of
                 a residence permit or a returning resident's visa for at least three
                 years immediately preceding the date the application under
                 Sibling and adult child policy is made*, and
         b. that 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; and
         c. contains the undertakings required (see F6.30).

         F6.10.10 Evidence of immigration status of sponsors
         a. Evidence that sponsors are New Zealand citizens may include but is
            not limited to original or certified copies of:
                  a valid New Zealand passport, or
                  a Certificate of New Zealand Citizenship, or
                  a recent official statement of citizenship from the Department of
                  Internal Affairs, or
73-6   Residence   Chapter 73


                                a New Zealand birth certificate.
                       b. Evidence that sponsors are New Zealand residents* may include but
                          is not limited to original or certified copies of:
                                a current* New Zealand residence permit or returning resident's
                                visa in their passport or travel document, or
                                a valid Australian passport.

                       F6.10.15 Evidence of time spent in New Zealand as a citizen and/or
                                holder of a residence permit
                       a. Sponsors should provide current and previous passports as evidence
                          of time spent in New Zealand as a citizen and/or holder of a residence
                          permit.
                       b. Other evidence of time spent in New Zealand may also be provided
                          by an applicant or sought by the NZIS.
                       c. When determining the amount of time spent in New Zealand, NZIS
                          will also refer to NZIS records of sponsors' entry to and exit from
                          New Zealand.
                           Note: Periods during which a residence permit has been held are
                           calculated inclusive of both arrival and departure dates.

                       F6.10.20 Evidence of being 'lawfully and permanently'* in a country
                       a. Evidence that a person is lawfully and permanently in a country may
                          include but is not limited to original or certified copies of:
                                a passport or passport pages showing identity and residence
                                permit
                                letters or other documents showing that permanent residence in
                                another country has been granted
                                a passport or passport pages showing identity and nationality
                                naturalisation or citizenship certificates.
                       b. If family members do not need permits to live in their country of
                          residence (eg, European Community nationals living in other
                          European Community countries), principal applicants* must provide
                          original or certified copies of:
                                registration cards or certificates from the local police or municipal
                                authority, or
                                confirmation of the family member's or children's residence status
                                from an authoritative source such as a municipal, judicial, police
                                or government authority.
                       c. Evidence must also be provided of actual residence in the country.
                          Evidence may include but is not limited to original or certified copies
                          of:
                                correspondence addressed to the applicant
                                employment references
                                rates demands
                                             Chapter 73 Residence      73-7


       income tax returns
       mortgage documents
       documents showing that household effects have been moved to
       that country.

F6.10.25 Evidence of offer of employment
a. Evidence of an offer of employment is original or certified copies of
   the following documents:
   i   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.
    Note: the employment agreement need not be supplied until after
   approval in principle (see F6.20(b)).
b. Additional evidence may include, but is not limited to:
       any information requested by the NZIS
       the results of any verification undertaken by the NZIS
       information from the employer or recruitment agency.

                                                    Effective 01/10/2001
73-8   Residence     Chapter 73



              F6.15 Verification
                         See F6 Effective 26/07/1999

                         F6.15.1 Verification of family details
                         Visa and immigration officers may refer to former applications lodged by
                         applicants, family members of applicants, or sponsors in order to verify
                         declarations made by applicants about their family details (such as the
                         number of family members, the whereabouts of family members, or an
                         applicant's or partner's marital status).

                         F6.15.5 Verification of offer of employment
                         Officers must be satisfied that documents provided as evidence of offers
                         of employment are genuine and accurate, and they may take any steps
                         they determine necessary to verify such documents and the information
                         they contain.

                                                                                Effective 01/10/2001


              F6.20 Confirmation of offer of employment
                         See F6 Effective 26/07/1999

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

                                                                                Effective 01/10/2001




              F6.25 Deferring the final decision*
                         See F6 Effective 26/07/1999
                         a. If, at the time of assessment, the principal applicant* has not met the
                            policy criteria under F6.1(a), but may be able to do so within 6
                            months, the final decision* on the application may be deferred for up
                            to 6 months.
                         b. A principal applicant* already in New Zealand may be granted a
                            further temporary permit or permits (once an application is made*)
                            for a period sufficient to enable a further assessment of their
                            application after the 6-month deferral period.

                                                                                Effective 01/10/2001
                                                       Chapter 73 Residence       73-9



F6.30 Undertakings of sponsors
          See F6.30 Effective 01/10/2001
          See F6 Effective 26/07/1999

          A sponsor must undertake:
          a. to ensure that adequate accommodation in New Zealand is and
             continues to be available for their relatives; and
          b. to provide accommodation during the first 24 months of their
             relatives' residence in New Zealand if necessary; and
          c. to provide financial support during the first 24 months of their
             relatives' residence in New Zealand if necessary, and
          d. to repay to the Crown any costs to the Crown which result from their
             failure to meet their obligations as a sponsor and acknowledge that if
             those costs are incurred they become a debt due to the Crown.
             Note: Sponsors who obtained residence in New Zealand on the basis
             of their status as refugees are not required to give the undertakings in
             (c) and (d) above.

                                                               Effective 13/12/2001


F6.35 Application of English language policy
          See F6.35 Effective 01/10/2001
          See F6 Effective 26/07/1999
          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 policy 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 policy applying at the time
             the application under Family category policy is made*.
          b. Such an applicant will be subject to the applicable English language
             policy as if they were a non-principal applicant under the Skilled
             Migrant Category or Business Immigration policy.
          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 policy of the
             Skilled Migrant Category applying at the time the application under
             the Family category policy is made*.
          d. A principal applicant* who would have been eligible for inclusion in
             an earlier Business Investor category or Business Immigration policy
             application will be subject to the English language policy of Business
             Immigration policy applying at the time the application under Family
             category policy is made*.

                                                               Effective 15/12/2003
                                                                                       Chapter 74 Residence              74-1


CHAPTER 74

F7 Inter-country adoption

                            In This Chapter
                            F7.1 Guidelines for inter-country adoptions ........................................ 74-1
                            F7.5 Citizenship procedure .................................................................. 74-1
                            F7.10 Pre-adoption information ........................................................... 74-2


             F7.1 Guidelines for inter-country adoptions
                            a. If a New Zealand resident* or citizen legally adopts a child overseas,
                               they may apply on its behalf for either New Zealand citizenship or
                               residence.
                            b. If residence is applied for, the child must meet the same requirements
                               as other children of New Zealand citizens or residents.
                            c. The fact that a child has been adopted does not, of itself, entitle the
                               child to be issued with a visa to travel to New Zealand, and visa
                               officers must assess whether or not the child meets the requirements
                               for a residence visa or a temporary 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 26/07/1999


             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.
74-2   Residence    Chapter 74


                        b. Evidence of New Zealand citizenship should be supplied to the NZIS
                           if a child on a temporary permit in New Zealand is granted
                           citizenship.

                                                                             Effective 26/07/1999


              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. NZIS offices should advise prospective adoptive parents to consult
                           the New Zealand Children, Young Persons and their Families Agency
                           (CYPFA), and to contact the equivalent welfare agency in the child's
                           country.
                        d. CYPFA will arrange for a home study and liaise with the appropriate
                           inter-country adoption agency for a child study, after which CYPFA
                           will advise the NZIS of the results.
                        e. CYPFA may also ask overseas posts to investigate the circumstances
                           of the child.

                                                                             Effective 26/07/1999
                                                                                             Residence




Family Quota Category
             In This Section
             FQ1 Objective ...................................................................................... 75-1
             FQ2 How do people qualify for residence under Family
             Quota category policy? ....................................................................... 76-1
             FQ3 Registration process for Family Quota Sponsors......................... 77-1
             FQ4 Definitions.................................................................................... 78-1
             FQ5 Evidence....................................................................................... 79-1
             FQ6 Verification of family details ....................................................... 80-1
             FQ7 Undertakings of sponsors............................................................. 81-1
                                                            Chapter 75 Residence     75-1


CHAPTER 75

FQ1 Objective
                The objective of the Family Sponsored Stream is to contribute to nation
                building.

                The objective of the Family Quota category is to strengthen families and
                communities by providing New Zealand citizens and residents with an
                opportunity to sponsor family members who do not qualify for residence
                under any other category of Government residence policy.

                                                                   Effective 01/10/2001
                                                                     Chapter 76 Residence      76-1


CHAPTER 76

FQ2 How do people qualify for residence under Family Quota category policy?
                        See FQ2 Effective 01/10/2001

                        Parents, grandparents, adult children and siblings and their partner* and
                        dependent children* qualify for residence under the Family Quota
                        category policy if:
                        a. their sponsor's registration (see FQ3) is drawn from the Family Quota
                           pool; and
                        b. they are not eligible for residence in New Zealand under any other
                           category of Government residence policy; and
                        c. they meet health and character requirements (see R4), and
                        d. their application is made* within 6 months of the NZIS's advice to
                           their sponsor that the sponsor's registration has been drawn from the
                           Family Quota pool.
                        e. In each case they must be sponsored by their adult child*, adult
                           grandchild*, adult sibling* or parent who:
                           i   is in New Zealand, and
                           ii is a New Zealand or Australian citizen or the holder of a current
                              residence permit that is not subject to requirements under s18A of
                              the Immigration Act 1987, and
                           iii has been a New Zealand or Australian citizen and/or the holder of
                               a residence permit or a returning resident's visa for at least three
                               years immediately preceding the date the Registration Form for
                               Family Quota Sponsor is lodged , and
                           iv 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.

                                                                             Effective 29/09/2003
                                                                                       Chapter 77 Residence               77-1


CHAPTER 77

FQ3 Registration process for Family Quota Sponsors
                        See FQ3 Effective 15/03/2005
                        See FQ3 Effective 01/04/2004
                        See FQ3 Effective 29/09/2003
                        See FQ3 Effective 21/01/2003
                        See FQ3 Effective 01/10/2001

                        Note: As there are no places available under the Family Quota in 2005,
                        there will be no registration period for the annual period 1 July 2006 to
                        30 June 2007.

                        a. New Zealand citizens and residents who meet the requirements for
                           sponsors set out at FQ2(e), may register with the NZIS to sponsor
                           their parent, grandparent, adult sibling or adult child*, for residence
                           under the Family Quota category.
                        b. The registration period will be for one calendar month.
                        c. All registrations that are received by the NZIS before 3.00pm on the
                           last day of the registration period from sponsors who meet the
                           sponsorship requirements set out at FQ2 (e) will be entered into the
                           Family Quota pool, unless those registrations are disqualified (see
                           FQ3.5).
                        d. Registrations must be made on the Registration Form for Family
                           Quota Sponsor, available on the NZIS website
                           (http://www.immigration.govt.nz) or from onshore branches of the
                           NZIS. The Registration Form for Family Quota Sponsor must
                           include the undertakings set out at FQ7.
                        e. Registrations must be submitted during the registration period to an
                           onshore branch of the NZIS.
                        f.   A fee is payable for registration.

                                                                                                 Effective 30/06/2006


                        In This Chapter
                        FQ3.1 Inclusion in registration of immediate family members of... .... 77-2
                        FQ3.5 Disqualification of registrations................................................ 77-2
                        FQ3.10 Number of places available under the Family
                        Quota category .................................................................................... 77-3
                        FQ3.15 Selection process following closure of registration ................ 77-3
77-2   Residence    Chapter 77



              FQ3.1 Inclusion in registration of immediate family members of...
                        FQ3.1 Inclusion in registration of immediate family members of the
                        sponsored principal applicant*

                        See FQ3.1 Effective 01/10/2001
                        a. Where the sponsored person 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 the partner*
                           and/or dependent children* included in the registration may be
                           included in the resulting application for residence under the Family
                           Quota 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 residence under the Partnership or
                           Dependent child policies of Family Category.
                        d. Nothing in (b) or (c) above means that a partner* or dependent child*
                           who was included in the registration but not in the resulting
                           application for residence may not subsequently be granted residence
                           as a principal applicant under those Family category policies.

                                                                            Effective 29/09/2003


              FQ3.5 Disqualification of registrations
                        a. Sponsors must lodge only one registration within the registration
                           period. If a single sponsor lodges more than one registration during
                           the registration period, all the registrations lodged by that sponsor
                           will be disqualified.
                        b. Each potential applicant can be included in only one registration. If a
                           potential applicant is included in two or more registrations within one
                           registration period, all of the registrations in which that potential
                           applicant is included will be disqualified.
                        c. A registration under the Family Quota category will be disqualified if
                           any of the potential applicants included in that registration have a
                           residence application under any other category of Government
                           residence policy under consideration by the NZIS at the date the
                           registration under Family Quota category is lodged.
                        d. A registration under the Family Quota category will be disqualified
                           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 s.129U of the Immigration Act 1987 (concerning
                           refugee status claimants).
                                                        Chapter 77 Residence       77-3



          Note: Potential applicants should also be aware that they must be
          lawfully in New Zealand and not subject to s129U of the Immigration
          Act 1987 in order to lodge an application under the Family Quota
          category following a successful pool draw.

          Note: Where a registration is disqualified the registration fee will not be
          refunded.

                                                                Effective 01/10/2001


FQ3.10 Number of places available under the Family Quota category
          See FQ3.10 Effective 15/03/2005
          See FQ3.10 Effective 01/04/2004
          See FQ3.10 Effective 21/01/2003
          See FQ3.10 Effective 01/10/2001

          Note: No places are available under the Family Quota during the annual
          period 1 July 2006 to 30 June 2007.

          The number of places available for sponsored persons (including family
          members) under the Family Quota category will be set annually and any
          change will be promulgated as an amendment to this policy.

                                                                Effective 30/06/2006




FQ3.15 Selection process following closure of registration
          a. One month after the closure of the registration period, NZIS will
             conduct an electronic draw.
          b. Registrations will be randomly drawn from the pool of registrations,
             until the appropriate number of potential applicants to meet the quota
             of available places within the annual period has been met.
          c. Sponsors whose registrations have been drawn from the pool will be
             notified by NZIS in the month following the draw that their
             registration has been successful and that they must advise the
             potential applicants whom they are sponsoring to lodge a full
             application under the Family Quota to the appropriate receiving
             office of the NZIS not more than six months after the date of the
             NZIS advice to the sponsor. Any applications received outside that
             time limit will not be accepted.
          d. Sponsors who are unsuccessful in the registration process within a
             particular registration period are able to register within subsequent
             registration periods.
          e. If insufficient registrations are lodged within a registration period to
             fill the number of places available under the Family Quota, the
             registration period may be re-opened.

                                                                Effective 01/10/2001
77-4   Residence   Chapter 77
                                                                                       Chapter 78 Residence               78-1


CHAPTER 78

FQ4 Definitions

                        In This Chapter
                        FQ4.1 Definition of 'adult child' .......................................................... 78-1
                        FQ4.5 Definition of 'adult child for sponsorship purposes' and
                        'adult grandchild ................................................................................. 78-1
                        FQ4.10 Definition of 'adult sibling for sponsorship purposes'............. 78-1


             FQ4.1 Definition of 'adult child'
                        In the context of the Family Quota category, 'adult child' means a child or
                        grandchild of 17 or older, unless they are dependent (see F4.5.5).

                                                                                                 Effective 01/10/2001


             FQ4.5 Definition of 'adult child for sponsorship purposes' and 'adult
                       grandchild ...
                        FQ4.5 Definition of 'adult child for sponsorship purposes' and 'adult
                        grandchild for sponsorship purposes'
                        a. For sponsorship purposes, 'adult child' and 'adult grandchild' mean a
                           child or grandchild of 17 or older.
                        b. However, children or grandchildren aged 17 to 24 must only be
                           considered as 'adult children for sponsorship purposes' or 'adult
                           grandchildren for sponsorship purposes' if they can satisfy a visa or
                           immigration officer that they are able to meet the undertakings given
                           in the sponsorship form.

                                                                                                 Effective 01/10/2001


             FQ4.10 Definition of 'adult sibling for sponsorship purposes'
                        a. For sponsorship purposes, adult sibling means a sibling aged 17 or
                           older.
                        b. However, siblings aged 17 to 24 must only be considered as 'adult
                           siblings for sponsorship purposes' if they can satisfy an immigration
                           or visa officer that they are able to meet the undertakings given on
                           the sponsorship form.

                                                                                                 Effective 01/10/2001
                                                                                Chapter 79 Residence             79-1


CHAPTER 79

FQ5 Evidence
                         Immigration Act 1987 s 13B(3)(e)
                         Immigration Regulations 1999 regs 4(1)(e) and (h), 4(2)(a) and (b), 10(1)(e) and (i),
                         10(2)(a) and (b)

                         The items listed in FQ5.1 to FQ5.15 below are examples of relevant
                         evidence: other documents may also be relevant.

                                                                                         Effective 01/10/2001


                         In This Chapter
                         FQ5.1 Evidence of identity of applicant(s) .......................................... 79-1
                         FQ5.5 Evidence of immigration status of sponsors ............................. 79-1
                         FQ5.10 Evidence of time spent in New Zealand as a citizen and/or.... 79-2
                         FQ5.15 Evidence of relationship to sponsor ........................................ 79-2


               FQ5.1 Evidence of identity of applicant(s)
                         a. When lodging a registration under the Family Quota category,
                            sponsors must provide original or certified copies of documents
                            showing the identity of all people included in the registration, such as
                            birth certificates, identity cards or passport identity pages.
                         b. Other evidence of identity may also be sought by the NZIS.

                                                                                         Effective 01/10/2001


               FQ5.5 Evidence of immigration status of sponsors
                         When lodging a registration under the Family Quota category, sponsors
                         must provide evidence of their immigration status as follows:
                         a. 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, or
                             iv a New Zealand birth certificate.
                         b. Evidence that sponsors are New Zealand residents* may include but
                            is not limited to original or certified copies of:
                             i    a current* New Zealand residence permit or returning resident's
                                  visa in their passport or travel document, or
                             ii a valid Australian passport.

                                                                                         Effective 01/10/2001
79-2   Residence    Chapter 79



              FQ5.10 Evidence of time spent in New Zealand as a citizen and/or...
                        FQ5.10 Evidence of time spent in New Zealand as a citizen and/or
                        holder of a residence permit
                        a. When determining the amount of time spent in New Zealand, NZIS
                           may refer to NZIS 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 the NZIS.
                        c. When lodging a registration under the Family Quota category
                           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 permit.
                            Note: Periods during which a residence permit has been held are
                            calculated inclusive of both arrival and departure dates.

                                                                                Effective 01/10/2001


              FQ5.15 Evidence of relationship to sponsor
                        a. When lodging their application for residence under the Family quota
                           category, principal applicants* must provide evidence of their
                           relationship to their sponsor.
                        b. Evidence of parent's, grandparent's, siblings' or adult children's
                           relationship to their sponsor is original or certified copies of:
                            i    birth certificates establishing the relationship of the sponsor to the
                                 principal applicant*, or
                            ii household registration documents, if these establish the
                               relationship of the sponsor to the principal applicant*, or
                            iii evidence of adoption (see R3), which establishes the relationship
                                of the sponsor to the principal applicant*.
                        c. Other evidence establishing the relationship of the sponsor to the
                           principal applicant* may also be provided.

                                                                                Effective 01/10/2001
                                                                       Chapter 80 Residence      80-1


CHAPTER 80

FQ6 Verification of family details
                          Visa and 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 01/10/2001
                                                                    Chapter 81 Residence       81-1


CHAPTER 81

FQ7 Undertakings of sponsors
                       See FQ7 Effective 01/10/2001

                       A sponsor must undertake:
                       a. to ensure that adequate accommodation in New Zealand is and
                          continues to be available for their relatives; and
                       b. to provide accommodation during the first 24 months of their
                          relatives' residence in New Zealand if necessary; and
                       c. to provide financial support during the first 24 months of their
                          relatives' residence in New Zealand if necessary, and
                       d. to repay to the Crown any costs to the Crown which result from their
                          failure to meet their obligations as a sponsor and acknowledge that if
                          those costs are incurred they become a debt due to the Crown.
                          Note: Sponsors who obtained residence in New Zealand on the basis
                          of their status as refugees are not required to give the undertakings in
                          (c) and (d) above.

                                                                            Effective 13/12/2001
                                                                                                Residence




Skilled Migrant Category
                                                                                          Effective 17/12/2003


              In This Section
              SM1 Objective ..................................................................................... 82-1
              SM2 Overview of Skilled Migrant Category Policy ............................ 83-1
              Skilled Migrant (Application) Policy...........................................................
              SM3 Skilled Migrant (Expression of Interest and Invitation
              to Apply) Policy .................................................................................. 84-1
              SM4 Summary of Requirements .......................................................... 85-1
              SM5 English Language Requirements................................................. 86-1
              SM6 Summary of points for employability and capacity
              building factors ................................................................................... 87-1
              SM7 Skilled employment..................................................................... 88-1
              SM8 Bonus points: employment in...................................................... 89-1
              SM9 Bonus points: employment outside the Auckland region............ 90-1
              SM10 Bonus points: partner's* skilled employment in New
              Zealand................................................................................................ 91-1
              SM11 Work experience........................................................................ 92-1
              SM12 Bonus points: work experience in New Zealand ....................... 93-1
              SM13 Bonus points: work experience in... .......................................... 94-1
              SM14 Recognised Qualifications......................................................... 95-1
              SM15 Bonus points: New Zealand qualifications................................ 96-1
              SM16 Bonus points: qualifications in an identified... .......................... 97-1
              SM17 Bonus points: partner's recognised qualifications ..................... 98-1
              SM18 Age ............................................................................................ 99-1
              SM19 Requirements for Occupational Registration .......................... 100-1
              SM20 Settlement and Contribution Requirements............................. 101-1
                                                             Chapter 82 Residence         82-1


CHAPTER 82

SM1 Objective
                a. The objective of the Skilled Migrant Category is to provide for the
                   grant of residence 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 17/12/2003
                                                                        Chapter 83 Residence      83-1


CHAPTER 83

SM2 Overview of Skilled Migrant Category Policy
                        See SM2 Effective 21/12/2005
                        See SM2 Effective 31/08/2004
                        See SM2 Effective 17/12/2003
                        a. A person who is interested in applying for residence under the Skilled
                           Migrant Category may complete an Expression of Interest form in the
                           prescribed manner.
                        b. Expressions of Interest 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 Expressions of Interest.
                        c. Points for employability and capacity building factors are claimed by
                           a person expressing interest in accordance with the requirements set
                           out in Skilled Migrant (Application) Policy.
                        d. 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.
                        e. Selections from the Pool after 21 December 2005 are made in the
                           following manner:
                             i   Expressions of Interest that have total points of 140 or more are
                                 selected automatically from the Pool;
                             ii Expressions of Interest that have total points of 100 or more but
                                less than 140, and include points for offers of skilled employment
                                or current skilled employment in New Zealand, are selected
                                (according to their points ranking) in sufficient numbers to meet
                                the requirements of the Skilled/Business Stream of the New
                                Zealand Residence Programme (NZRP) at the time of that
                                selection (subject to any adjustment to the number or distribution
                                of places in the NZRP determined by the Government).
                        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 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.
                        g. A selected Expression of Interest may result in an invitation to apply
                           for residence under the Skilled Migrant (Application) Policy being
                           issued, subject to an assessment of the credibility of the information
                           provided in the Expression of Interest and whether the Expression of
                           Interest indicates the presence of any health or character issues that
                           may adversely affect the ability of the person expressing interest to
                           be granted residence under the Skilled Migrant Category.
h. Whether, in any particular case, an Expression of Interest has been
   selected from the Pool, it may not result in an invitation to apply for
   residence under the Skilled Migrant Category.
i.   Only a person invited to apply may apply for residence under the
     Skilled Migrant Category.
j.   If a person is invited to apply, information provided in the Expression
     of Interest, 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
     residence under the Skilled Migrant Category.
k. Applications for residence, resulting from an invitation to apply, must
   include:
     i   information and evidence to support the claims made in the
         Expression of Interest; and
     ii information concerning any relevant fact (including any material
        change in circumstances that occurs after the Expression of
        Interest was selected) if that fact or change in circumstances may
        affect the decision on the application. Such a relevant fact or
        change in circumstances may relate to the principal applicant* or
        another person included in the application, and may relate to any
        matter relevant to Skilled Migrant Category policy.
l.   Applications will be assessed against policy as set out in sections
     SM4 to SM20 of the Skilled Migrant (Application) Policy.
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
   SM20) 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 residence; or
     ii deferral of the decision on the residence application and the issue
        or grant of a work visa or permit to enable a principal applicant to
        become established in ongoing skilled employment in New
        Zealand; or
     iii decline of the residence application.
                                             Chapter 83 Residence      83-3


o. If a decision is deferred on the residence application and the principal
   applicant* becomes established in ongoing skilled employment in
   New Zealand, the application for residence will be approved.




                                                     Effective 24/07/2006
Skilled Migrant (Application) Policy
                                       Effective 17/12/2003
                                                                                        Chapter 84 Residence              84-1


CHAPTER 84

SM3 Skilled Migrant (Expression of Interest and Invitation to Apply) Policy
                                                                                                 Effective 17/12/2003


                          In This Chapter
                          SM3.1 Expressing Interest in being invited to apply under
                          the Skilled Migrant Category .............................................................. 84-1
                          SM3.5 Implications of providing false or misleading information ...... 84-2
                          SM3.10 Submission of Expressions of Interest to the Pool ................. 84-2
                          SM3.15 Selection of Expressions of Interest ....................................... 84-3
                          SM3.17 Resubmission of Expressions of Interest to............................ 84-4
                          SM3.20 Currency of an Expression of Interest .................................... 84-5
                          SM3.25 Invitation to apply for residence under the Skilled
                          Migrant Category ................................................................................ 84-5


              SM3.1 Expressing Interest in being invited to apply under the Skilled
                       Migrant Category
                          Immigration Act 1987 s13D; Immigration Regulations 1999, Reg 8A

                          a. People notify their interest in being invited to apply for residence
                             under the Skilled Migrant Category through submission of an
                             Expression of Interest to the NZIS in the prescribed manner. The
                             prescribed manner for completing and submitting an Expression of
                             Interest is that the person expressing interest submits to a visa or
                             immigration officer:
                               i    the completed Expression of Interest form; and
                               ii the appropriate fee (if any).
                               Note: The completed form can be submitted electronically or in paper
                               form.
                          b. Through completion of an Expression of Interest 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 this policy; 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 (Application) Policy.
                          c. It is the responsibility of the person submitting the Expression of
                             Interest to ensure that it is correct in all material respects.

                                                                                                 Effective 17/12/2003
84-2   Residence    Chapter 84



              SM3.5 Implications of providing false or misleading information
                        Immigration Act 1987 ss13, 34G

                        a. The Immigration Act 1987 provides that:
                            i    the provision of false or misleading information as part of an
                                 Expression of Interest or associated submission; or
                            ii the withholding of relevant, potentially prejudicial information
                               from an Expression of Interest or associated submission; or
                            iii failure to advise an immigration or visa officer of any fact or
                                material change in circumstances that occurs after an Expression
                                of Interest is notified that may affect a decision to invite the
                                person to apply for residence or to grant a residence visa or
                                permit;
                            is sufficient grounds for the decline of an application for residence
                            under the Skilled Migrant Category and for the revocation of a
                            residence visa or permit issued or granted under the Skilled Migrant
                            Category.
                        b. For the purposes of this policy, information relating to a claim made
                           in an Expression of Interest that is factually inaccurate and is relevant
                           to the issuing of an invitation to apply or the assessment of a
                           residence application, will be considered misleading unless the
                           principal applicant* can demonstrate that there is a reasonable basis
                           for making that claim.

                                                                              Effective 17/12/2003


              SM3.10 Submission of Expressions of Interest to the Pool
                        Immigration Act 1987 s13B (3A) (b)

                        See SM3.10 Effective 17/12/2003

                        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    are described in section 7(1) of the Immigration Act 1987 (see
                                 A5.20); or
                            ii who would not be granted a medical waiver (see A4.60).
                            Note: People will not be granted a medical waiver if they:
                            ~ require dialysis treatment, or
                            ~ have active pulmonary tuberculosis; or
                            ~ have severe haemophilia; or
                            ~have a physical incapacity that requires full time care.
                        b. has confirmed that they meet the minimum standard of English (see
                           SM5); and
                                                        Chapter 84 Residence      84-3


          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 28/11/2005


SM3.15 Selection of Expressions of Interest
          See SM3.15 Effective 01/02/2006
          See SM3.15 Effective 21/12/2005
          See SM3.15 Effective 31/08/2004
          See SM3.15 Effective 17/12/2003
          a. As Expressions of Interest 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 Skilled Migrant
             (Application) Policy. 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 in the Skilled Migrant Category Pool are
             selected from that Pool periodically on the Government’s behalf by
             the Department of Labour.
          c. Selections from the Pool after 21 December 2005 are made in the
             following manner:
             i   Expressions of Interest that have total points of 140 or more are
                 selected automatically from the Pool;
             ii Expressions of Interest that have total points of 100 or more but
                less than 140, and include points for offers of skilled employment
                or current skilled employment in New Zealand, are selected
                (according to their points ranking) in sufficient numbers to meet
                the requirements of the Skilled/Business Stream of the New
                Zealand Residence Programme (NZRP) at the time of that
                selection (subject to any adjustment to the number or distribution
                of places in the NZRP determined by the Government).
          d. If, following the selection process set out at (c) above, further places
             are available in the Skilled/Business Stream of the NZRP at the time
             of that selection (subject to any adjustment to the number or
             distribution of places in the NZRP determined by the Government),
             additional Expressions of Interest may be selected from the Pool on
             the basis of criteria set from time to time by the Minister of
             Immigration, having regard to the objectives of the Skilled Migrant
             Category. Those criteria are specified at SM3.15.1.

          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 between 1
             February 2006 and 1 August 2006 inclusive.
84-4   Residence    Chapter 84


                        b. Expressions of Interest 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    Expressions of Interest that include 15 points for work experience
                                 in an area of absolute skills shortage (in descending order of their
                                 points total);
                            ii Expressions of Interest that include 10 points for work experience
                               in an area of absolute skills shortage (in descending order of their
                               points total);
                            iii Expressions of Interest 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 Expressions of Interest not meeting any of the
                               criteria in (i) – (iii) (in descending order).

                                                                              Effective 24/07/2006


              SM3.17 Resubmission of Expressions of Interest to...
                        SM3.17 Resubmission of Expressions of Interest to the Pool
                        (Expressions of Interest selected on or before 21 December 2005)
                        a. Expressions of Interest selected from the Pool on or before 21
                           December 2005 that:
                            i    on 21 December 2005 have not resulted in an invitation to apply
                                 for residence; and
                            ii do not include a claim for points for an offer of skilled
                               employment in New Zealand or current skilled employment in
                               New Zealand; and
                            iii have a claim of total points of 100 or 105;
                                 will not be invited to apply for residence on the basis of that
                                 Expression of Interest, unless the person expressing interest in
                                 that Expression of Interest is in New Zealand on 21 December
                                 2005.
                        b. People affected by (a) above may submit a further Expression of
                           Interest to the Pool up to and including 21 June 2006 and no fee will
                           be payable for this Expression of Interest.

                                                                              Effective 21/12/2005
                                                        Chapter 84 Residence      84-5



SM3.20 Currency of an Expression of Interest
          See SM3.20 Effective 23/05/2004
          See SM3.20 Effective 17/12/2003
          a. An Expression of Interest 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 Expression of Interest that is no longer current will be withdrawn
             from the Pool.
          c. An Expression of Interest 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 21/12/2005


SM3.25 Invitation to apply for residence under the Skilled Migrant
          Category
          See SM3.25 Effective 17/12/2003
          a. People whose Expressions of Interest have been selected from the
             Pool may be issued with an invitation to apply for residence 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 residence under the Skilled Migrant Category; and
             ii a visa or immigration officer considers that the person’s claims in
                regard to points for employability and capacity building factors,
                English language ability, and any criteria set from time to time by
                the Minister of Immigration (see SM3.15.1) which were the basis
                for selection from the Pool are credible.
          b. A visa or immigration officer may seek further evidence, information
             and submissions from a person whose Expression of Interest 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
             residence under the Skilled Migrant Category.
          c. Whether, in any particular case, an Expression of Interest has been
             selected from the Pool, it may not result in an invitation to apply for
             residence under the Skilled Migrant Category.
84-6   Residence   Chapter 84



                       Note: A visa or immigration officer’s decision to invite a person to apply
                       for residence 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 residence.

                                                                           Effective 21/12/2005
                                                                                      Chapter 85 Residence                 85-1


CHAPTER 85

SM4 Summary of Requirements
                                                                                                 Effective 17/12/2003


                     In This Chapter
                     SM4.1 Ability to apply......................................................................... 85-1
                     SM4.5 Approval of applications under the Skilled Migrant
                     Category .............................................................................................. 85-1
                     SM4.10 Health, character and English language requirements............ 85-2
                     SM4.15 Employability and capacity building requirements
                     (SM7 to SM19) ................................................................................... 85-3
                     SM4.20 Settlement and contribution requirements (SM20) ................ 85-3
                     SM4.25 Migrant levy ........................................................................... 85-4
                     SM4.30 Residence visa/permits subject to requirements..................... 85-5
                     SM4.35 Compliance with requirements............................................... 85-6
                     SM4.40 Non-compliance with requirements ....................................... 85-6


           SM4.1 Ability to apply
                     A person may only apply for residence 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 residence 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 17/12/2003


           SM4.5 Approval of applications under the Skilled Migrant Category
                     See SM4.5 Effective 23/05/2004
                     See SM4.5 Effective 17/12/2003
                     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
85-2   Residence    Chapter 85


                            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 SM 4.5(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), a visa or
                           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 visa or 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.

                                                                               Effective 21/12/2005


              SM4.10 Health, character and English language requirements
                        a. Applicants under the Skilled Migrant Category must meet health and
                           character requirements policy (see A4 and A5).
                        b. Applicants under the Skilled Migrant Category must meet a
                           minimum standard of English or, where policy allows, pre-purchase
                           ESOL tuition.

                                                                               Effective 17/12/2003
                                                        Chapter 85 Residence      85-3



SM4.15 Employability and capacity building requirements (SM7 to
         SM19)
         See SM4.15 Effective 08/02/2005
         See SM4.15 Effective 17/12/2003
         a. Employability and capacity building factors are assessed using a
            points system.
         b. An application for residence 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 residence 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 21/12/2005


SM4.20 Settlement and contribution requirements (SM20)
         See SM4.20 Effective 17/12/2003
         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; or
                     a qualification in an area of identified future growth or
                     relevant to an occupation in absolute shortage;
             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.
85-4   Residence    Chapter 85


                        d. Where, following a further assessment, a principal applicant*, despite
                           not meeting the requirements of (b) above, is assessed as having a
                           high potential to readily obtain skilled employment in New Zealand,
                           they will be assessed as having demonstrated the ability to
                           successfully settle in and contribute to New Zealand. Their
                           application for residence 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 an ability to successfully settle in
                           and contribute to New Zealand (see (b) above), their application will
                           be approved subject to meeting any other relevant requirements.
                        f.   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
                             residence will be deferred and the principal applicant will be eligible
                             for the issue and/or grant of a work visa or permit for the purpose of
                             establishing themselves in skilled employment in New Zealand that is
                             ongoing. Principal applicants* who become established in ongoing
                             skilled employment for at least three months during the deferral
                             period will have their application for residence approved.
                        g. 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 residence will be
                           declined.

                                                                             Effective 13/12/2004


              SM4.25 Migrant levy
                        Principal applicants* approved-in-principle under the Skilled Migrant
                        Category must pay 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 issued
                           with a work visa or work permit for the purpose of becoming
                           established in skilled employment in New Zealand.

                                                                             Effective 17/12/2003
                                                        Chapter 85 Residence      85-5



SM4.30 Residence visa/permits subject to requirements
         Immigration Act 1987 s 18A(1)

         See SM4.30 Effective 17/12/2003

         SM4.30.1 Residence visas and permits may be subject to
                 requirements
         A residence permit may be granted or issued under the Skilled Migrant
         Category to a principal applicant* (and any accompanying partner* and
         dependent children) with requirements imposed under section 18A(1) of
         the Immigration Act.

         SM4.30.5 Compliance with requirements
         When an applicant under this category satisfies a visa or immigration
         officer that the requirements imposed on their residence permit under
         section 18A(1) have been complied with, those requirements will no
         longer apply 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 residence permit 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 permit holder is
         subject to the following requirements:
         a. In the case of the principal applicant* who:
             i   has an offer of skilled employment - that they take up that offer of
                 skilled employment within three months of the grant of the first
                 residence permit, 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 the NZIS of their
                 residential address and any changes of residential address while
                 they are subject to those requirements; and
             iv that they submit evidence to a visa or immigration officer that,
                within seven months of the grant of the first residence permit, the
                requirements set out above have been met.
85-6   Residence    Chapter 85


                        b. In the case of any accompanying partner* and dependent child - that
                           the principal applicant* comply with the requirements to which they
                           are subject.

                        SM4.30.15 Where occupational registration subject only to interview
                                by Medical or Dental Council
                        Where a residence 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 permit
                        holder is subject to the following requirements:
                        a. In the case of the principal applicant* -
                            i    that, within one month of being granted a residence permit in
                                 New Zealand, the applicant obtains full or provisional
                                 occupational registration in New Zealand; and
                            ii that, within seven months of the grant of their first residence
                               permit, the applicant submits evidence to a visa or immigration
                               officer that requirement (i) above has been met.
                        b. In the case of any accompanying partner* and dependent child - that
                           the principal applicant* comply with the requirements to which they
                           are subject.

                                                                            Effective   28/09/2004


              SM4.35 Compliance with requirements
                        When the principal applicant* has satisfied a visa or immigration officer
                        that they have met any requirements imposed under s18A in full, the visa
                        or immigration officer will endorse their residence visa/permit and the
                        residence visas/permits of any accompanying family members to this
                        effect.

                                                                             Effective 17/12/2003


              SM4.40 Non-compliance with requirements
                        If a principal applicant* has not satisfied a visa or immigration officer
                        that any requirements imposed under s18A of the Act have been
                        complied with, their residence permit and the residence permits of any
                        accompanying partner* or dependent child may be revoked under section
                        20(1)(d) of the Immigration Act 1987 unless a visa or immigration officer
                        is satisfied that the principal applicant* has demonstrated good cause as
                        to why it should not be revoked.

                                                                             Effective 17/12/2003
                                                                                       Chapter 86 Residence                 86-1


CHAPTER 86

SM5 English Language Requirements
                                                                                                  Effective 17/12/2003


                      In This Chapter
                      SM5.1 Aim and intent .......................................................................... 86-1
                      SM5.5 Minimum standard of English language for principal
                      applicants* .......................................................................................... 86-1
                      SM5.10 English language requirements for non-principal
                      applicants ............................................................................................ 86-2
                      SM5.15 English language requirements for partners* where... ........... 86-4
                      SM5.20 Pre-purchase of ESOL tuition ................................................ 86-4


            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 17/12/2003


            SM5.5 Minimum standard of English language for principal
                     applicants*
                      a. Applications under the Skilled Migrant Category must be declined if
                         the principal applicant* has not met the minimum standard of
                         English.
                      b. Principal applicants* under the Skilled Migrant Category meet the
                         minimum standard of English if:
                           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 at least 6.5 in the IELTS General or
                                 Academic Module; or
                           ii they provide evidence that their recognised qualification(s):
86-2   Residence    Chapter 86


                                    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 or it is a post-graduate qualification and the applicant
                                    has an undergraduate qualification that qualifies for points; or
                            iii they have current skilled employment in New Zealand for a
                                period of at least 12 months that qualifies for points (see SM7); or
                            iv they 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. These circumstances may include but are not limited to:
                                    the country in which the applicant currently resides;
                                    the country(ies) in which the applicant has previously resided;
                                    the duration of residence in each country;
                                    whether the applicant speaks any language other than English;
                                    whether members of the applicant's family speak English;
                                    whether members of the applicant's family speak any
                                    language other than English;
                                    the nature of the applicant's current or previous employment
                                    (if any) and whether that is or was likely to require skill in
                                    English language;
                                    the nature of the applicant's qualifications (if any) and
                                    whether the obtaining of those qualifications was likely to
                                    require skill in the English language.
                        c. In any case, a visa or 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
                           principal applicant* meets the minimum standard of English.

                                                                             Effective 17/12/2003


              SM5.10 English language requirements for non-principal applicants
                        a. Unless SM5.15 below 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 (b)(iv) above).
                        b. Non-principal applicants meet the minimum standard of English if:
                                         Chapter 86 Residence        86-3


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);
       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.
86-4   Residence    Chapter 86


                        c. In any case, a visa or 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 17/12/2003


              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 above).

                                                                             Effective 17/12/2003


              SM5.20 Pre-purchase of ESOL tuition
                        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 the NZIS (who collect this charge on behalf of
                           TEC).
                        b. Applicants must pay any ESOL charge due, sign the ESOL
                           Agreement and return it to the NZIS within the time specified by the
                           NZIS before a residence visa is issued or a residence permit is
                           granted.

                        Note: To be issued or granted a work visa or permit under WR6 any
                        ESOL charge due must be paid and the ESOL Agreement returned to the
                        NZIS within the time specified by the NZIS.

                                                                             Effective 17/12/2003
                                                                          Chapter 87 Residence     87-1


CHAPTER 87

SM6 Summary of points for employability and capacity building factors
                        See SM6 Effective 17/12/2003

             Employability and Capacity Building

                        Factors                                                    POINTS   CRITERIA

                        Skilled employment:
                            Current skilled employment in NZ for 12 months or
                            more                                              60            SM7
                            Offer of skilled employment in New Zealand or
                            current skilled employment in New Zealand for less
                            than 12 months                                     50           SM7
                        Bonus points for employment or offer of employment in:
                            An identified future growth area, identified cluster   5        SM8
                            An area of absolute skills shortage                    10       SM8
                            Region outside Auckland                                10       SM9
                            Partner employment or offer of employment              10       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:
                            2 years                                                5
                            4 years                                                10
                            6 years or more                                        15
                        Additional bonus points for work experience in an                   SM13
                        identified future growth area, identified cluster:
                            2 to 5 years                                           5
                            6 years or more                                        10
                        Additional bonus points for work experience in an area
                        of absolute skills shortage:
                            2 to 5 years                                           10
                            6 years or more                                        15

                        Qualifications:
87-2   Residence   Chapter 87


                           Recognised basic qualification (e.g. trade
                           qualification, diploma, bachelors degree,
                                                                                          SM14
                           bachelors degree with Honours)                     50
                           Recognised post-graduate qualification (Masters
                           degree, Doctorate)                              55
                       Bonus points for :
                           Recognised NZ qualification (and at least two
                           years study in NZ)                                 10          SM15
                           Qualification in an identified future growth area,
                           cluster or area of absolute skill shortage         5           SM16
                           Qualification in an area of absolute skill shortage 10         SM16
                           Partner qualifications                             10          SM17
                       Close family support in New Zealand                    10          SM17.5

                       Age (20 to 55 yrs):
                           20-29                                              30          SM18
                           30-39                                              25
                           40-44                                              20
                           45-49                                              10
                           50-55                                              5

                                                                                  Effective 13/12/2004
                                                                                     Chapter 88 Residence              88-1


CHAPTER 88

SM7 Skilled employment
                                                                                               Effective 17/12/2003


                         In This Chapter
                         SM7.1 Aim and intent .......................................................................... 88-1
                         SM7.5 Points for skilled employment.................................................. 88-1
                         SM7.10 Skilled employment................................................................ 88-2
                         SM7.15 Additional requirements for skilled employment................... 88-3
                         SM7.20 Requirements for employers................................................... 88-4


            SM7.1 Aim and intent
                         See SM7.1 Effective 17/12/2003
                         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 13/12/2004


            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 17/12/2003
88-2   Residence    Chapter 88



              SM7.10 Skilled employment
                        See SM7.10 Effective 17/12/2003
                        a. Skilled employment is employment that requires considerable
                           specialist, technical or management expertise:
                             i   obtained through the completion of recognised qualifications; or
                             ii obtained through work experience that has enabled a person to
                                gain a comparable level of skill to that which would have been
                                gained through the completion of a relevant recognised
                                qualification; or
                             iii developed through work experience in which that expertise was a
                                 key component.

                        SM7.10.1 Assessment of whether employment is skilled
                        An offer of employment or current employment in New Zealand will
                        therefore be assessed as skilled if:
                        a.
                             i   it is relevant to the principal applicant’s* recognised qualification;
                                 and
                             ii it requires considerable specialist, technical or management
                                expertise; or
                        b.
                             i   the employer considers, and the NZIS is satisfied, that the
                                 employment requires considerable technical, specialist or
                                 managerial expertise that the principal applicant has obtained
                                 through relevant previous work experience in which that expertise
                                 was a key component; and
                             ii that employment is in an occupation listed at Appendix 11; or
                             iii the level of expertise required for that employment is comparable
                                 with the level of expertise required for one of the occupations
                                 specified in Appendix 11; or
                             iv the employment will contribute to New Zealand’s future growth
                                and skill base; or
                             v   the employment of the principal applicant in that 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 or
                                 excellence in that field.
                             Note: Where necessary, officers will consult with relevant industry
                             bodies to determine the level of skill required for a particular
                             employment position.
                                                      Chapter 88 Residence      88-3



         SM7.10.5 Relevance of qualification(s) to employment
         Qualifications are relevant to employment if the employer considers, and
         a visa or immigration officer is satisfied that:
         a. The major subject area of the principal applicant’s* recognised
            qualification is directly applicable to the employment, or
         b. The employment is in an occupation for which a core requirement is
            a qualification at the academic, trade or technical level of the
            principal applicant’s recognised qualification.
            Note: For the purposes of this provision, ‘qualifications’ must meet
            the requirements for recognition set out in SM14.5 but are not
            required to be the same qualification(s) that qualifies for points under
            the Qualifications part of this policy (see SM14).

         SM7.10.10 Relevance of work experience to employment
         Work experience is relevant to employment if the employer considers,
         and a visa or immigration officer is satisfied that:
         a. the work experience is directly applicable to the employment; and
         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.

                                                              Effective 13/12/2004


SM7.15 Additional requirements for skilled employment
         See SM7.15 Effective 13/12/2004
         See SM7.15 Effective 28/09/2004
         See SM7.15 Effective 17/12/2003
         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
            v   the employment was not offered as a result of payment made
                (either within or outside New Zealand) by the applicant (or their
                agent) to the employer (or their agent) in exchange for securing
                that offer of employment.
88-4   Residence    Chapter 88


                        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
                                    the NZIS is satisfied that such contract work is likely to be
                                    sustained.
                            Note: When assessing whether employment is sustainable, officers
                            may consider, but are not limited to, such factors as the residence
                            status of the employer, the period for which the employing
                            organisation has been established as a going concern, and the
                            financial sustainability of the employing organisation.
                        c. In the case of independent midwife practitioners a letter of authority
                           to claim under the Maternity Notice pursuant to Section 88 of the
                           New Zealand Public Health and Disability Act 2000 as well as
                           evidence of admission to the New Zealand Register of Midwives will
                           satisfy the requirements of SM7.5 (b), SM7.15 (a)(i),(ii) and (iii),
                           SM7.15 (b), and can be used to satisfy the requirements of
                           SM4.30.10 (a)(i).

                                                                               Effective 12/09/2005


              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 adult or youth
                                 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 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.
                                            Chapter 88 Residence     88-5


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 the NZIS considers
   that the employment of the applicant creates unacceptable risks to the
   integrity of New Zealand’s immigration or employment laws or
   policies.

                                                   Effective 17/12/2003
                                                                                   Chapter 89 Residence              89-1


CHAPTER 89

SM8 Bonus points: employment in...
                       SM8 Bonus points: employment in an identified future growth area,
                       identified cluster or area of absolute skills shortage

                                                                                            Effective 17/12/2003


                       In This Chapter
                       SM8.1 Aims and intent ........................................................................ 89-1
                       SM8.5 Point for employment in........................................................... 89-1
                       SM8.10 Employment in an identified future growth area.................... 89-1
                       SM8.15 Employment in an identified cluster....................................... 89-2
                       SM8.20 Employment in an area of absolute skills shortage ................ 89-2


             SM8.1 Aims and intent
                       The aim of providing bonus points for skilled employment in an
                       identified future growth area, identified cluster, or 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 17/12/2003


             SM8.5 Point for employment in...
                       SM8.5 Points for employment in an identified future growth area,
                       identified cluster or area of absolute skills shortage

                       See SM8.5 Effective 17/12/2003
                       a. An offer of skilled employment or current skilled employment in
                          New Zealand in an identified future growth area, or an identified
                          cluster qualifies for five points.
                       b. An offer of skilled employment or current skilled employment in
                          New Zealand in an area of absolute skills shortage qualifies for ten
                          points.

                                                                                            Effective 13/12/2004


             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 this policy, currently identified future
                          growth areas are as follows:
                                 Biotechnology
                                 Information Communications Technology
89-2   Residence    Chapter 89


                                 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 or
                           visa officer is satisfied, that their current employment or offer of
                           employment is in one of those identified future growth areas.

                                                                              Effective 17/12/2003


              SM8.15 Employment in an identified cluster
                        a. As clusters are identified they will be listed in this provision. For the
                           purposes of this policy, identified clusters are as follows:
                                 Film Auckland
                                 Wellington Creative Manufacturing
                                 Canterbury Software
                                 Biosouth
                                 Canterbury Nutraceuticals
                        b. Skilled employment in an identified cluster only qualifies for points if
                           the principal applicant* provides confirmation from their employer,
                           and an immigration or visa officer is satisfied, that the employer is
                           part of one of the listed clusters.

                                                                              Effective 17/12/2003


              SM8.20 Employment in an area of absolute skills shortage
                        See SM8.20 Effective 17/12/2003
                        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 6); 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).
                        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 04/04/2005
                                                                                     Chapter 90 Residence              90-1


CHAPTER 90

SM9 Bonus points: employment outside the Auckland region
                                                                                              Effective 17/12/2003


                       In This Chapter
                       SM9.1 Aim and intent .......................................................................... 90-1
                       SM9.5 Bonus points for employment outside the Auckland region .... 90-1
                       SM9.10 Definition: Employment outside the Auckland region........... 90-1
                       SM9.15 Evidence ................................................................................. 90-2


             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 17/12/2003


             SM9.5 Bonus points for employment outside the Auckland region
                       Current skilled employment or an offer of skilled employment outside the
                       Auckland region qualifes for ten points.

                                                                                              Effective 17/12/2003


             SM9.10 Definition: Employment outside the Auckland region
                       Health and Safety in Employment Act 1992 s2

                       a. Employment is outside the Auckland region if the principal
                          applicant’s* entire or principal place of work (as defined in s2 of the
                          Health and Safety in Employment Act 1992) is not within one of the
                          following Territorial Authorities:
                            Rodney District Council;
                            North Shore City Council;
                            Waitakere City Council;
                            Auckland City Council;
                            Manukau City Council;
                            Papakura District Council;
                            Franklin District Council.
90-2   Residence   Chapter 90


                           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 17/12/2003


              SM9.15 Evidence
                       If requested by a visa or immigration officer, principal applicants* must
                       provide evidence that their place of work* is entirely or principally
                       outside the Auckland region.

                                                                            Effective 17/12/2003
                                                                                    Chapter 91 Residence              91-1


CHAPTER 91

SM10 Bonus points: partner's* skilled employment in New Zealand
                                                                                             Effective 17/12/2003


                        In This Chapter
                        SM10.1 Aim and intent ........................................................................ 91-1
                        SM10.5 Points for partner's skilled employment in New Zealand....... 91-1
                        SM10.10 Award of points .................................................................... 91-1


             SM10.1 Aim and intent
                        The aim of providing bonus points for partner's skilled employment is to
                        recognise such employment as an indicator of the likely contribution of
                        the whole migrating family.

                                                                                             Effective 17/12/2003


             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 ten points.

                                                                                             Effective 17/12/2003


             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 principal applicant’s* partner* is included in the application; and
                        b. the partner* meets the English language requirements for principal
                           applicants* (see SM5.15); and
                        c. a visa or 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 policy rules (see F2.15).

                                                                                             Effective 17/12/2003
                                                                                        Chapter 92 Residence                92-1


CHAPTER 92

SM11 Work experience
                                                                                                  Effective 17/12/2003


                       In This Chapter
                       SM11.1 Aim and intent ........................................................................ 92-1
                       SM11.5 Points for recognised work experience................................... 92-1
                       SM11.10 Requirements........................................................................ 92-2
                       SM11.15 Additional requirements for recognition of work
                       experience ........................................................................................... 92-3
                       SM11.20 Evidence ............................................................................... 92-4


            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 17/12/2003


            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 17/12/2003
92-2   Residence    Chapter 92



              SM11.10 Requirements
                        See SM11.10 Effective 12/09/2005
                        See SM11.10 Effective 13/12/2004
                        See SM11.10 Effective 17/12/2003

                        Work experience is recognised and qualifies for points if it meets the
                        requirements set out at (a) and (b) below:
                        a.   A visa or 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, considerable specialist, technical or management expertise.
                        b. Work experience must also have been gained in a labour market that
                           is comparable to the New Zealand labour market unless:
                             i   the work experience meets the requirements set out at SM13.20
                                 for work experience in an area of absolute skills shortage; or
                             ii the principal applicant* has current skilled employment in New
                                Zealand or an offer of skilled employment in New Zealand (see
                                SM7).

              SM11.10.1 Definition: Comparable labour market
                        a. Work experience is assessed as being in a comparable labour market
                           if it was undertaken in one of the following countries by:
                             i   a citizen or permanent resident of that country; or
                             ii a person who had the lawful authority to work in that country.
                                     Australia                      Malaysia
                                     Austria                        New Zealand
                                     Belgium-Luxembourg             Netherlands
                                     Canada                         Norway
                                     Cyprus                         Philippines
                                     Denmark                        Portugal
                                     Finland                        Republic of South Korea
                                     France                         Singapore
                                     Germany                        South Africa
                                     Greece                         Spain
                                     Iceland                        Sweden
                                     Ireland                        Switzerland
                                                         Chapter 92 Residence        92-3


                      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 a visa or 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 a visa or
          immigration officer is satisfied that:
          a. the work experience is directly applicable to the employment offered;
             and
          b. the offer of employment could not reasonably have been made if the
             principal applicant* did not have that work experience.

                                                                 Effective 24/07/2006


SM11.15 Additional requirements for recognition of work experience
          a.    Work experience only qualifies for points if a visa or 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.
92-4   Residence   Chapter 92


                       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 17/12/2003




              SM11.20 Evidence
                       Principal applicants* must provide evidence and information that satisfies
                       a visa or immigration officer that their work experience meets the
                       requirements for recognition.

                                                                           Effective 17/12/2003
                                                                                   Chapter 93 Residence              93-1


CHAPTER 93

SM12 Bonus points: work experience in New Zealand
                                                                                            Effective 17/12/2003


                       In This Chapter
                       SM12.1 Aim and intent ........................................................................ 93-1
                       SM12.5 Points for recognised work experience in New Zealand ........ 93-1


             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 17/12/2003




             SM12.5 Points for recognised work experience in New Zealand
                       Recognised work experience in New Zealand qualifies for points as
                       follows:
                       2 years                5 points
                       4 years                10 points
                       6 years or more        15 points

                                                                                            Effective 17/12/2003
                                                                                    Chapter 94 Residence              94-1


CHAPTER 94

SM13 Bonus points: work experience in...
                        SM13 Bonus points: work experience in an identified future growth
                        area, identified cluster, or area of absolute skills shortage

                                                                                             Effective 17/12/2003


                        In This Chapter
                        SM13.1 Aim and intent ........................................................................ 94-1
                        SM13.5 Points for recognised work experience in... ........................... 94-1
                        SM13.10 Work experience in an identified future growth area ........... 94-2
                        SM13.15 Work experience in an identified cluster.............................. 94-2
                        SM13.20 Work experience in an area of absolute skills shortage........ 94-2


             SM13.1 Aim and intent
                        The intent of providing bonus points for work experience in an identified
                        future growth area, identified cluster or 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 17/12/2003


             SM13.5 Points for recognised work experience in...
                        SM13.5 Points for recognised work experience in an identified future
                        growth area, identified cluster or area of absolute skills shortage

                        See SM13.5 Effective 17/12/2003
                        a. Recognised work experience in an identified future growth area or an
                           identified cluster qualifies for points as follows:
                                  2-5 years                                 5 points
                                  6 years or more                           10 points
                        b. Recognised work experience in an area of absolute skills shortage
                           qualifies for points as follows:
                                  2-5 years                                 10 points
                                  6 years or more                           15 points

                                                                                             Effective 13/12/2004
94-2   Residence    Chapter 94



              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).

                        SM 13.10.1 Evidence
                        Recognised work experience in an identified future growth area only
                        qualifies for bonus points if the principal applicant* provides evidence
                        that satisfies a visa or immigration officer that their work experience
                        meets the requirements of SM13.10 above.

                                                                              Effective 17/12/2003




              SM13.15 Work experience in an identified cluster
                        Recognised work experience in an identified cluster qualifies for points
                        if:
                        a. the principal applicant* has points for current skilled employment or
                           an offer of skilled employment in an identified cluster (see SM8.15);
                           and
                        b. the experience is relevant to that employment (see SM8.10.5).

                        SM 13.15.1 Evidence
                        Recognised work experience in an identified cluster only qualifies for
                        points if the principal applicant* provides evidence that satisfies a visa or
                        immigration officer that their work experience meets the requirements of
                        SM13.15 above.

                                                                              Effective 17/12/2003


              SM13.20 Work experience in an area of absolute skills shortage
                        See SM13.20 Effective 17/12/2003
                        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 6); and
                            ii it meets the specifications for that occupation; and
                                             Chapter 94 Residence          94-3


   iii the principal applicant* is suitably qualified by training and/or
       experience to undertake that work (including any specific
       requirements set out on the Long Term Skill Shortage List).
b. Where the Long Term Skill Shortage List specifies that occupational
   registration is required for a listed occupation, principal applicants
   must demonstrate that they held occupational registration while
   undertaking the work experience, if occupational registration is
   required in the country in which the work occurred.

SM 13.20.1 Evidence
Recognised work experience in an area of absolute skills shortage only
qualifies for points if the principal applicant* provides evidence that
satisfies a visa or immigration officer that their work experience meets
the requirements of SM13.20 above.

                                                     Effective 04/04/2005
                                                                                        Chapter 95 Residence                95-1


CHAPTER 95

SM14 Recognised Qualifications
                                                                                                  Effective 17/12/2003


                       In This Chapter
                       SM14.1 Aim and intent ........................................................................ 95-1
                       SM14.5 Recognition of qualifications ................................................. 95-1
                       SM14.10 Points for recognised qualifications ..................................... 95-2
                       SM14.15 The Register ......................................................................... 95-2
                       SM14.20 Evidence ............................................................................... 95-3
                       SM14.25 List of Recognised Qualifications ........................................ 95-4
                       SM14.30 NZQA involvement in the assessment of
                       qualifications ....................................................................................... 95-4
                       SM14.35 NZQA Pre-Assessment Results (PARs) and
                       Qualifications Assessment Results (QARs)........................................ 95-4


             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 17/12/2003


             SM14.5 Recognition of qualifications
                       See SM14.5 Effective 17/12/2003

                       Recognised qualifications are qualifications that a visa or immigration
                       officer is satisfied occupies a level on the New Zealand Register of
                       Quality Assured Qualifications (the Register) (see SM14.15) which
                       qualifies it for points by reference to:
                       a.    the level that the qualification(s) occupies on the Register as
                            assessed by the New Zealand Qualifications Authority (NZQA); or
                       b. the level that the qualification(s) occupies on the Register as set out
                          in the List of Recognised Qualifications (see Appendix 5); or
                       c. the level that the qualification(s) occupies on the Register 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 on the List of
                          Recognised Qualifications.
95-2   Residence    Chapter 95


                              Note: For teachers, 'provisional' registration includes both
                             'provisional' and 'subject to confirmation' registration. For medical
                             practitioners, 'probationary' registration is considered to be
                             'provisional' registration.

                                                                                  Effective 12/09/2005


              SM14.10 Points for recognised qualifications
                        a. Qualifications qualify for points based on the level that the
                           qualification (or group of qualifications) occupies on the Register.
                        b. 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 either 55 points or 50 points.

                                                                                  Effective 17/12/2003


              SM14.15 The Register
                        See SM14.15 Effective 13/12/2004
                        See SM14.15 Effective 17/12/2003

                        Level Example                                                  Points
                        10       Doctorates                                            55
                        9        Masters degrees                                       55
                        8        Postgraduate diplomas and certificates,               50
                                 Bachelors degrees with Honours
                        7        Bachelors degrees, Graduate diplomas                  50
                        6        Graduate certificates                                 50
                        5        Diplomas                                              50
                        4        Certificates (In a specified Acceptable trade)        50
                        3        Certificates (In a specified Acceptable trade)        50
                        2        Certificates                                          0
                        1        Certificates                                          0

                        Note: The List of Acceptable Trades is held at Appendix 8 of this
                        Manual.

                                                                                  Effective 12/09/2005
                                                         Chapter 95 Residence       95-3



SM14.20 Evidence
         See SM14.20 Effective 12/09/2005
         See SM14.20 Effective 28/09/2004
         See SM14.20 Effective 01/04/2004
         See SM14.20 Effective 17/12/2003
         a. Principal applicants* under the Skilled Migrant Category must
            submit their qualifications and a NZQA Pre Assessment Result
            (PAR) or NZQA Qualifications Assessment Report (QAR) (see
            SM14.35) of those qualification(s) unless:
              i   their qualification(s) are included on the List of Recognised
                  Qualifications; or
              ii 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 on the List of Recognised
                 Qualifications.
         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 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 New Zealand Register of Quality Assured Qualifications level
            of that qualification by submitting a ‘Qualification Overview’ report
            with their qualification. This report can be obtained from the New
            Zealand Qualifications Authority ‘KiwiQuals’ website
            (www.kiwiquals.govt.nz).
         d. In the case of a New Zealand qualification that is not included on the
            New Zealand Register of Quality Assured Qualifications, 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).
         f.   If a principal applicant* is claiming points for a qualification on the
              basis of their occupational registration, the qualification(s) qualifies
              for the points identified for the comparable New Zealand
              qualification on the List of Recognised Qualifications.
         g. Despite the fact that the List of Recognised Qualifications provides
            that a specified qualification qualifies for certain points, an applicant
            or a visa or immigration officer (by requesting the applicant to do so)
            may seek a NZQA Qualifications Assessment Report of any
            particular qualification. Where this occurs, the most recent NZQA
            assessment will prevail.

                                                                 Effective 24/07/2006
95-4   Residence    Chapter 95



              SM14.25 List of Recognised Qualifications
                        The List of Recognised Qualifications is a list of qualifications which
                        may qualify for points without the need for a NZQA assessment (unless
                        SM14.20 (d) above applies). The List of Recognised Qualifications is
                        contained in Appendix 5 of this Manual.

                                                                              Effective 17/12/2003


              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 Register,
                           however, the points for which a particular qualification or group of
                           qualifications qualifies is determined by the NZIS alone.
                        b. Despite the fact that the NZQA may undertake its own verification of
                           qualifications that are submitted to it for assessment, the NZIS alone
                           determines whether an applicant genuinely holds the qualification(s)
                           which may qualify for points.

                                                                              Effective 17/12/2003


              SM14.35 NZQA Pre-Assessment Results (PARs) and Qualifications
                       Assessment Results (QARs)
                        See SM14.35 Effective 17/12/2003
                        a. The NZQA will provide Pre-Assessment Results (PARs) and
                           Qualifications Assessment Reports (QARs).
                        b. A Pre-Assessment Result is a report that compares an applicant's
                           nominated qualification to a Level on the New Zealand Register of
                           Quality Assured Qualifications. 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 residence is made*, a full assessment (a
                               Qualifications Assessment Report) will be required to determine
                               whether a qualification (or group of qualifications) will qualify
                               for points.
                        c. A Qualifications Assessment Report:
                            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 Register of New Zealand Quality Assured
                               Qualifications level of that equivalent qualifications; and
                                           Chapter 95 Residence    95-5


iii refers to any verification of the applicant’s qualifications
    undertaken by the NZQA.

                                                   Effective 01/04/2004
                                                                                    Chapter 96 Residence              96-1


CHAPTER 96

SM15 Bonus points: New Zealand qualifications
                                                                                             Effective 17/12/2003


                        In This Chapter
                        SM15.1 Aim and intent ........................................................................ 96-1
                        SM15.5 Bonus points for New Zealand qualifications ........................ 96-1


             SM15.1 Aim and intent
                        The aim of providing bonus points for New Zealand qualifications is to
                        acknowledge:
                             that such qualifications will be recognised by, and relevant to the
                             needs of, New Zealand employers; and
                             that completion of qualifications in New Zealand enhances settlement
                             outcomes.

                                                                                             Effective 17/12/2003


             SM15.5 Bonus points for New Zealand qualifications
                        a. A recognised New Zealand qualification gained after two years of
                           study in New Zealand qualifies for ten points.
                        b. Qualifications gained with New Zealand Agency for International
                           Development (NZAID) funding will not qualify for bonus points.

                                                                                             Effective 17/12/2003
                                                                                      Chapter 97 Residence              97-1


CHAPTER 97

SM16 Bonus points: qualifications in an identified...
                          SM16 Bonus points: qualifications in an identified future growth
                          area, identified cluster or an area of absolute skills shortage

                                                                                               Effective 17/12/2003


                          In This Chapter
                          SM16.1 Aim and intent ........................................................................ 97-1
                          SM16.5 Bonus points for Recognised Qualification............................ 97-1
                          SM16.10 Qualifications in an identified future growth area................ 97-1
                          SM16.15 Qualifications in an identified cluster................................... 97-2
                          SM16.20 Qualifications in an area of absolute skills shortage ............ 97-3


              SM16.1 Aim and intent
                          The aim of providing bonus points for qualifications in an identified
                          future growth area, identified cluster or 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 17/12/2003


              SM16.5 Bonus points for Recognised Qualification
                          See SM16.5 Effective 17/12/2003
                          a. Recognised qualification(s) in an identified future growth area or an
                             identified cluster qualify for five points.
                          b. Recognised qualification(s) in an area of absolute skills shortage
                             qualify for ten points.

                                                                                               Effective 13/12/2004


              SM16.10 Qualifications in an identified future growth area
                          Recognised qualification(s) in an identified future growth area 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).
97-2   Residence    Chapter 97



                        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 a visa or 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 a
                        visa or immigration officer that the qualification(s) meets the
                        requirements of SM16.10 and SM16.10.1 above.

                                                                               Effective 17/12/2003


              SM16.15 Qualifications in an identified cluster
                        Recognised qualifications in an identified cluster qualify for points if:
                        a. the principal applicant* has points for current skilled employment or
                           an offer of skilled employment in an identified cluster (see SM8.15);
                           and
                        b. the qualification is relevant to that employment (see SM16.15.1).

                        SM 16.15.1 Relevance of qualification(s) to skilled employment in an
                                identified cluster
                        A recognised qualification is relevant to skilled employment in an
                        identified cluster if a visa or immigration officer is satisfied that:
                        a. the major subject area of the recognised qualification is directly
                           applicable to the principal applicant’s* skilled employment in an
                           identified cluster that qualifies for points (see SM8.15); and
                        b. the skilled employment is in an occupation for which that
                           qualification is a core requirement.

                        SM 16.15.5 Evidence
                        Recognised qualifications in an identified cluster only qualify for points
                        if the principal applicant* provides evidence that satisfies a visa or
                        immigration officer that the qualification(s) meets the requirements of
                        SM16.15 and SM16.15.1 above.

                                                                               Effective 17/12/2003
                                                         Chapter 97 Residence       97-3



SM16.20 Qualifications in an area of absolute skills shortage
          See SM16.20 Effective 17/12/2003
          a. If a principal applicant does not 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 it is listed as a qualification (or is assessed
             as comparable to a qualification) in Column 4 of the Long Term Skill
             Shortage List (see Appendix 6).
          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).

          SM 16.20.1 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 04/04/2005
                                                                                    Chapter 98 Residence              98-1


CHAPTER 98

SM17 Bonus points: partner's recognised qualifications
                                                                                             Effective 17/12/2003


                        In This Chapter
                        SM17.1 Aim and intent ........................................................................ 98-1
                        SM17.5 Close family in New Zealand ................................................. 98-1


             SM17.1 Aim and intent
                        The aim of providing bonus points for a partner’s* recognised
                        qualification(s) is to recognise such qualifications as an indicator of the
                        likely contribution of the whole migrating family.

                        SM17.1.1 Bonus points for a partner's recognised qualifications
                        See SM17.5 Effective 17/12/2003
                        a. Recognised qualifications held by the partner* of a principal
                           applicant* qualify for ten points.
                        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 a visa or 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 policy rules (see
                                 F2.15).

                                                                                             Effective 17/12/2003


             SM17.5 Close family in New Zealand

                        SM17.5.1 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.

                        SM17.5.5 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:
98-2   Residence   Chapter 98


                           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 of a current
                               residence permit that is not subject to requirements under s18A of
                               the Immigration Act 1987.
                       b. In all cases, a visa or 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 a visa or
                       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
                       policy rules (see F2.15).


                       SM17.5.10 Definition of 'adult sibling’ and 'adult child’
                       a. For the purposes of this policy, 'adult sibling' and 'adult child' mean a
                          sibling or child aged 17 years or older.
                       b. Siblings and children aged 17 to 24 must only be considered 'adult
                          siblings’ or 'adult children’ if they can satisfy an immigration or visa
                          officer that they are not dependent. (See F5.1a)

                       SM17.5.15 Evidence of relationship to close family member
                       To obtain points for having a close family member in New Zealand, a
                       principal applicant* must provide:
                       a. birth certificates, which establish the relationship of the close family
                          member in New Zealand to the principal applicant* or their partner*
                          included in the application, or
                       b. evidence of adoption (see R3) which establishes the relationship of
                          the close family member in New Zealand to the principal applicant*
                          or their partner* included in the application.

                       SM17.5.20 Evidence that New Zealand is the primary place of
                               established residence
                       Where required by a visa or 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
                                        Chapter 98 Residence   98-3


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 13/12/2004
                                                                                   Chapter 99 Residence                99-1


CHAPTER 99

SM18 Age
                                                                                              Effective 17/12/2003


                    In This Chapter
                    SM18.1 Aim and intent ........................................................................ 99-1
                    SM18.5 Points ...................................................................................... 99-1
                    SM18.10 Evidence ............................................................................... 99-1


           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 17/12/2003


           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 17/12/2003


           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 17/12/2003
                                                                                       Chapter 100 Residence                100-1


CHAPTER 100

SM19 Requirements for Occupational Registration
                                                                                                   Effective 17/12/2003


                       In This Chapter
                       SM19.1 Aim and intent ...................................................................... 100-1
                       SM19.5 Occupations requiring registration ....................................... 100-1
                       SM19.10 Effect of occupational registration on eligibility
                       for points ........................................................................................... 100-2
                       SM19.15 Effect on points for qualifications ...................................... 100-2
                       SM19.20 Effect on points for skilled employment ............................ 100-3


             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 17/12/2003


             SM19.5 Occupations requiring registration
                       See SM19.5 Effective 17/12/2003

                       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                                                           Psychologist (see note below)
                       Electrical service technician                                         Real estate agent
                       Enrolled nurse                                                        Cadastral (Land Title) Surveyor
                       Line mechanic                                                         Teacher
100-2   Residence     Chapter 100


                          Medical laboratory scientist/technologist          Veterinarian

                          Note: Psychologist - (this applies only if the principal applicant is
                          claiming points for an offer of employment in the State sector or in an
                          institution licensed under the Mental Health Act 1992).

                                                                                 Effective 28/09/2004


               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 17/12/2003




               SM19.15 Effect on points for qualifications
                          See SM19.15 Effective 17/12/2003
                          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
                              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. For medical practitioners,
                          'probationary' registration is considered to be 'provisional' registration.

                                                                                 Effective 28/09/2004
                                                      Chapter 100 Residence    100-3



SM19.20 Effect on points for skilled employment
          See SM19.20 Effective 17/12/2003

          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*:
             i   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
             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
             iii has current skilled employment, or an offer of skilled
                 employment, (see SM7) in New Zealand in an occupation that
                 does not require registration.

                                                              Effective 28/09/2004
                                                                                 Chapter 101 Residence            101-1


CHAPTER 101

SM20 Settlement and Contribution Requirements
                                                                                           Effective 17/12/2003


                       In This Chapter
                       SM20.1 Aim and intent ...................................................................... 101-1
                       SM20.5 Assessment of ability to settle and contribute ...................... 101-1
                       SM20.10 Assessment of whether a principal applicant* can realise...101-2
                       SM20.15 Grant of residence following deferral................................. 101-3


             SM20.1 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 17/12/2003


             SM20.5 Assessment of ability to settle and contribute
                       a. Principal applicants* who:
                            i    qualify for 50 points for an offer of skilled employment or current
                                 skilled employment in New Zealand for less than 12 months; or
                            ii qualify for 60 points for current skilled employment in New
                               Zealand for twelve months or more; or
                            iii have undertaken full time study for at least two years in New
                                Zealand that has resulted in:
                                 the award of a Doctorate or Masters degree, or
                                 a qualification in an area of identified future growth or relevant to
                                 an occupation in absolute shortage;
                            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 17/12/2003
101-2   Residence    Chapter 101



               SM20.10 Assessment of whether a principal applicant* can realise...
                         SM20.10 Assessment of whether a principal applicant* can realise
                         their potential to successfully settle and contribute

                         See SM20.10 Effective 13/12/2004
                         See SM20.10 Effective 17/12/2003
                         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 formal face-to-face interview with
                                   the principal applicant* and other family members included in the
                                   application; and
                             ii all other information contained in the application for residence;
                                and
                             iii any further verification of the application (including information
                                 provided at interview).
                         b. That assessment will include consideration of the following factors:
                             i     employment prospects;
                             ii familiarity with New Zealand and preparedness for settlement of
                                the principal applicant* and, where relevant, the partner and
                                dependent children included in the application; and
                             iii linkages and support in New Zealand, through networks and
                                 family.
                         c. If a visa or 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:
                             i     a decision on their application for residence will be deferred for a
                                   period of up to six months; and
                             ii the principal applicant* will be eligible for the issue and/or grant
                                of a work visa and/or permit (subject to the requirements of WR6
                                being met) to enable them to realise their potential by establishing
                                themselves in skilled employment (see SM7) in New Zealand.
                         d. The deferral period of six months may be extended on a case by case
                            basis, for a maximum additional period of three months, where the
                            principal applicant* has an offer of skilled employment but requires a
                            further work permit to meet the three-month requirement set out at
                            SM20.15(a).
                         e. Where, following a further assessment, a principal applicant*, despite
                            not meeting the requirements of SM20.5(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 issued and/or granted residence visas and/or permits.
                                                        Chapter 101 Residence      101-3


          f.   If a visa or immigration officer determines, as a result of the further
               assessment, that a principal applicant* has not demonstrated they can
               realise their potential to settle in and contribute to New Zealand, their
               application for residence in New Zealand under the Skilled Migrant
               Category will be declined.
          g. If (c) above applies, but a work visa and/or permit is not issued
             and/or granted, the application for residence will be declined.

                                                                 Effective 21/12/2005


SM20.15 Grant of residence following deferral
          See SM20.15 Effective 17/12/2003
          a. A visa or immigration officer is satisfied that a principal applicant*
             has become established in ongoing skilled employment for a period
             of at least three months during the six month deferral period (or a
             period longer than six months if SM20.10(d) applies), 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
             residence under the Skilled Migrant Category approved.
          b. If, on the expiry of the six month deferral period (or a period longer
             than six months if SM20.10(d) applies), a principal applicant* has not
             provided evidence that satisfies a visa or immigration officer that
             they have become established in ongoing 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 residence
             under the Skilled Migrant Category will be declined.

          Note: Applicants who lodged 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.

                                                                 Effective 21/12/2005
                                                                                             Residence




Returning Residents' Visa Policy
              .

              In This Section
              X1 Objectives..................................................................................... 102-1
              X2 The need to apply for a returning resident's visa.......................... 103-1
              X3 Lodging an application for a returning resident's visa ................. 104-1
              X4 General policy .............................................................................. 105-1
              X5 Transitional policy........................................................................ 106-1
              X6 Special provisions ........................................................................ 107-1
              X7 Transferring and declining returning residents' visas................... 108-1
                                                            Chapter 102 Residence      102-1


CHAPTER 102

X1 Objectives
                The objectives of the returning residents' visa (RRV) policy are:
                a. to protect the interests of New Zealand citizens and other people
                   living permanently in New Zealand; and
                b. to encourage those granted residence to show a commitment to New
                   Zealand; and
                c. to assist the government in border control.

                                                                       Effective 26/07/99
                                                                             Chapter 103 Residence        103-1


CHAPTER 103

X2 The need to apply for a returning resident's visa

                          In This Chapter
                          X2.1 Persons requiring a returning resident's visa ............................. 103-1
                          X2.5 Right to have a returning resident's visa issued......................... 103-1
                          X2.10 General and transitional RRV policies .................................... 103-2


              X2.1 Persons requiring a returning resident's visa
                          Immigration Act 1987 ss 18 and 41(1)

                          The following persons require a returning resident's visa (RRV):
                          a. the holder of a current residence permit who wishes to leave New
                             Zealand temporarily; or
                          b. a person who has held a residence permit, is temporarily overseas,
                             and wishes to return to New Zealand; or
                          c. a New Zealand citizen who is travelling on the passport of another
                             country and wishes to have a residence permit placed in that passport
                             on return to New Zealand.

                                                                                         Effective 26/07/99


              X2.5 Right to have a returning resident's visa issued
                          Immigration Act 1987 ss 14C(2) and 18(a)


                          X2.5.1 Persons holding a current residence permit
                          When a visa officer is satisfied that an applicant holds a current residence
                          permit under section 14C(2) of the Immigration Act 1987, the officer
                          must issue that person with an RRV.

                           Note: No other policy requirements apply.


                          X2.5.5 Persons not holding a current residence permit
                          When a visa officer is satisfied that an applicant has held a residence
                          permit, they may issue that person with an RRV, provided that:
                          a. their eligibility under RRV policy is established; and
                          b. if applicable, they meet health and character requirements (see
                             X3.10.5).
103-2   Residence    Chapter 103



                         X2.5.10 New Zealand citizen
                         Immigration Act 1987 s 3

                         a. New Zealand citizens do not need a permit to be in New Zealand.
                         b. The only acceptable evidence of New Zealand citizenship on arrival
                            in New Zealand is a current New Zealand passport.
                         c. New Zealand citizens travelling on the passport of another country,
                            who produce that passport when seeking entry to New Zealand, will
                            be regarded as a citizen of that other country and may need a permit
                            to enter New Zealand. If, on return to New Zealand, they wish to
                            have a residence permit placed in that passport, they should hold a
                            current RRV.
                         d. New Zealand citizens travelling on foreign passports recognised by
                            New Zealand may be issued with RRVs current for an indefinite
                            period, unless the issuing state has advised that the particular
                            individual's passport is invalid.
                             Note: If the basis for granting the RRV is New Zealand citizenship,
                             New Zealand is to be shown as the nationality on the visa label.

                                                                                 Effective 26/07/99


               X2.10 General and transitional RRV policies
                         Immigration Act 1987 s 14C(6)

                         See X2.10 Effective 26/07/99
                         a. There are two RRV policies:
                             i     general RRV policy applies to persons first granted residence
                                   after 30 October 1995 (see X4), and
                             ii transitional RRV policy applies to persons first granted residence
                                before 30 October 1995 (see X5).
                         b. People eligible for the issue of an RRV under transitional RRV
                            policy may be considered under the provisions of general RRV policy
                            if the provisions of general RRV policy are more favourable to them.
                         c. Nothing prevents a visa officer from issuing a RRV of any currency
                            to any person who, because of exceptional circumstances, is not
                            eligible for the issue of an RRV under either general or transitional
                            RRV policy. Any decision to issue an RRV in this situation must be
                            made by either:
                             i     a seconded visa officer; or
                             ii an officer with schedule 1 delegations.

                                                                               Effective 04/09/2000
                                                                                        Chapter 104 Residence                104-1


CHAPTER 104

X3 Lodging an application for a returning resident's visa

                          In This Chapter
                          X3.1 Where to lodge an application................................................... 104-1
                          X3.5 How an application must be lodged .......................................... 104-1
                          X3.10 Requirements for lodging an application for a returning
                          resident's visa .................................................................................... 104-1
                          X3.15 Evidential requirements........................................................... 104-2


              X3.1 Where to lodge an application
                          Applications for returning residents' visas may be lodged at any branch of
                          the NZIS and certain MFAT posts specified in the list of current
                          Receiving Offices (see Appendix 4).

                                                                                                       Effective 26/07/99


              X3.5 How an application must be lodged
                          Immigration Regulations 1999 reg 5

                          a. Applications must be lodged in the prescribed manner.
                          b. The prescribed manner is the manner that meets the mandatory
                             requirements* laid down for RRV applications in the Immigration
                             Regulations 1999.
                          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, the NZIS 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).

                                                                                                       Effective 26/07/99


              X3.10 Requirements for lodging an application for a returning
                       resident's visa

                          X3.10.1 Mandatory requirements
                          Immigration Act 1987 s 14C(1)
                          Immigration Regulations 1999 reg 5

                          The mandatory requirements are that RRV applications must be
                          completed in full and submitted to a visa officer, together with:
                          a. the applicant's current passport or certificate of identity; and
104-2   Residence    Chapter 104


                         b. evidence that the applicant holds, or has held (or is considered under
                            section 44 of the Act to hold or have held) a residence permit; and
                         c. the appropriate fee (if any).
                             Note: The passports of all persons included in the application must be
                             submitted with the application.

                         X3.10.5 Additional requirements
                         Immigration Act 1987 s 14C
                         Immigration Regulations 1999 reg 5

                         Before determining the application, the visa officer processing it may
                         require the applicant:
                         a. to produce any photographs, documents and information that the
                            officer thinks necessary to help in determining whether the applicant
                            is entitled to, or may be issued with, an RRV; and
                         b. to meet the health and character requirements specified at R4, if they:
                             i     are otherwise eligible for an RRV, and
                             ii do not hold a current RRV at the time of application, and
                             iii are applying offshore, and
                             iv have not held a residence permit in the 3 months before the
                                application is made.

                                                                                Effective 26/07/99




               X3.15 Evidential requirements

                         X3.15.1 Evidence that applicant is considered to hold or have held a
                                  residence permit
                         Immigration Act 1987 s 44
                         Immigration Regulations 1999 reg 5

                         Evidence that the applicant is considered to hold or have held a residence
                         permit is:
                         a. a residence permit endorsed in a current or expired passport or
                            certificate of identity; or
                         b. NZIS records of a residence permit; or
                         c. an endorsement in a passport or certificate of identity showing the
                            date of arrival in New Zealand; or
                         d. if none of the above are available, documents showing continued
                            residence since 2 April 1974, which may include but are not limited
                            to:
                                   rates demands
                                   driver's licences
                                           Chapter 104 Residence     104-3


       receipted power bills
       income tax returns
       school records
       employment references
       any other evidence requested by the NZIS.

X3.15.5 Evidence of periods during which residence permit held
Evidence of the periods during which a residence permit has been held is:
a. endorsements in current or previous passports; and/or
b. NZIS records of periods during which a residence permit has been
   held.
   Note: Periods during which a residence permit has been held are
   calculated inclusive of both arrival and departure dates.

                                                     Effective 26/07/99
                                                                                 Chapter 105 Residence              105-1


CHAPTER 105

X4 General policy

                     In This Chapter
                     X4.1 Summary ................................................................................... 105-1
                     X4.5 'Principal' and 'non-principal applicants' ................................... 105-2
                     X4.10 Evidential requirements for partners* and children ................ 105-3
                     X4.15 'Tax resident status' ................................................................. 105-4
                     X4.20 First Returning Resident's Visa ............................................... 105-4
                     X4.25 Second and subsequent returning resident's visa (indefinite).. 105-5
                     X4.30 Second and subsequent returning resident's visa (12 months) 105-8
                     X4.35 Second and subsequent returning resident's visa (14 days)..... 105-9


             X4.1 Summary
                     See X4.1 Effective 04/09/2000
                     See X4.1 Effective 26/07/1999
                     a. The general policy provides for returning residents' visas of differing
                        periods of currency:
                               first RRV for all applicants except those who applied under the
                               Investor Category on or after 4 July 2005 (2 years)
                               first RRV for applicants who applied under the Investor Category
                               on or after 4 July 2005 (five years)
                               second and subsequent RRV (indefinite)
                               second and subsequent RRV (12 months)
                               second and subsequent RRV (14 days).
                     b. Principal applicants* can obtain a second and subsequent RRV of
                        indefinite currency by demonstrating a commitment to New Zealand
                        by any one of five means (see X4.25).
                     c. Principal applicants* not able to obtain an RRV of indefinite
                        currency may obtain an RRV of 12-month currency by any one of
                        two means to give them further opportunity to demonstrate a
                        commitment to New Zealand (see X4.30).
                     d. A 14-day RRV must be issued to all applicants holding a current
                        residence permit who are not eligible for an RRV of longer currency
                        (see X4.35).
                          Note: With the exception of a 14-day RRV, eligibility for a second
                          and subsequent RRV is generally dependent on the circumstances of
                          the principal applicant* at the point in time the application for the
                          RRV is made.

                                                                                            Effective 04/07/2005
105-2   Residence     Chapter 105



               X4.5 'Principal' and 'non-principal applicants'
                          See X4.5 Effective 26/07/1999
                          a. Under returning residents' visa policy, 'principal applicant' means the
                             principal applicant of the original residence application.
                          b. 'Non-principal applicants' means the non-principal applicants
                             included in that application.
                          c. A non-principal applicant's RRV will be made current for the same
                             period as that of the principal applicant, except where specific policy
                             provisions refer to 'applicants' (see X5.5, X5.10 and X5.15, X7.5(c)).
                          d. If a non-principal applicant applies for an RRV, and the principal
                             applicant:
                              i     does not lodge an application, or
                              ii is declined an RRV, or
                              iii does not hold an RRV,
                              then, unless X4.5.1 Partner* of the principal applicant) applies, the
                              application will only be considered under the provisions of X4.35
                              (second and subsequent returning residents' visas – 14 days) and X7.5
                              (declining applications).
                          e. If a non-principal applicant applies for an RRV, and the principal
                             applicant is now a New Zealand citizen then the non-principal
                             applicant may be issued an RRV current for an indefinite period.

                          X4.5.1 Partner* of the principal applicant
                          a. The partner* of the principal applicant is eligible to be considered in
                             their own right under RRV policy, if the following events occur:
                              i     the principal applicant dies; or
                              ii the partner* and the principal applicant become divorced; or
                              iii the partner* is granted a non-molestation order against the
                                  principal applicant; or
                              iv the principal applicant is convicted of an offence against the
                                 person of the partner* or of a dependent child.
                          b. If a partner* was included in an application on the basis of being in
                             an interdependent partnership akin to a marriage with the principal
                             applicant, and they separate, then visa officers may, on a case by case
                             basis, consider such partners in their own right under RRV policy.
                                                       Chapter 105 Residence     105-3



          X4.5.5 Dependent children*
          In the case of divorce, or separation as described in X4.5.1 b. above, any
          dependent children* will be considered as dependants of whichever
          parent has legal right of custody (see R2.1.45).

          X4.5.10 Non-dependent children
          a. Non-dependent children are those outside the definition for
             dependent children*.
          b. Non-dependent children will be treated as though they are dependants
             of whichever parent they are living with at the time of applying.
          c. Non-dependent children who are not living with either parent at the
             time of applying will be considered for the issue of an RRV on the
             basis of the principal applicant's eligibility for an RRV.

                                                                Effective 29/09/2003


X4.10 Evidential requirements for partners* and children
          See X4.10 Effective 26/07/1999

          X4.10.1 Evidence of circumstances in which partner* may apply in
                   their own right
          Evidence of the circumstances in which the partner* of a principal
          applicant* may apply for an RRV in their own right may include but is
          not limited to original or certified copies of the following:
             the death certificate of the principal applicant*, or
             the final decree of divorce from the principal applicant*, or
             a non-molestation order against the principal applicant*, or
             evidence that the principal applicant* has been convicted of an
             offence against the person of the partner* or of a dependent child*, or
             evidence of separation (only if X4.5.1 b. above applies).

          X4.10.5 Evidence of legal custody of dependent children*
          Dependent children* who wish to have their application for an RRV
          considered on the basis of a partner's eligibility must provide evidence
          that the partner* has legal custody of them.

          X4.10.10 Evidence that non-dependent children* are living with
                   partner* at time of applying
          Non-dependent children* who wish to have their application for an RRV
          considered on the basis of a partner's eligibility must provide evidence
          that they are living with the partner* at the time the application is made.

                                                                Effective 29/09/2003
105-4   Residence     Chapter 105




               X4.15 'Tax resident status'
                          See X4.15 Effective 26/07/1999

                          Under this policy, 'tax resident status' means tax residence status in New
                          Zealand, as confirmed by the New Zealand Inland Revenue Department
                          (IRD).

                          X4.15.1 Evidence of tax residence status*
                          Under RRV policy, applicants cannot be New Zealand tax residents if the
                          application of a double tax agreement means they are tax residents of
                          another country.

                          X4.15.5 Evidence of tax residence status*
                          a. Evidence of tax residence status is:
                              i      a statement from the IRD 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 IRD.
                          b. If the applicant is considered to have tax residence status under a
                             double tax agreement, the applicant must provide supporting
                             evidence from IRD.
                          c. 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 Korea    Switzerland
                                  Finland            Malaysia             United Kingdom
                              France                 Taiwan               United States of
                                                                          America
                              Germany                Thailand

                                                                                 Effective 01/03/2000


               X4.20 First Returning Resident's Visa
                          See X4.20 Effective 26/07/1999
                          a. Once an applicant has been issued with a residence visa or granted a
                             residence permit, they are issued with their first RRV without having
                             to apply or pay a fee.
                                                      Chapter 105 Residence    105-5


          b. First RRVs are to be made current for 2 years from the date the first
             residence permit is granted except in the case of applicants who
             made* their residence application under the Investor Category on or
             after 4 July 2005, in which case they will be issued with a RRV
             current for five years from the date the first residence permit is
             granted.
          c. All first RRVs issued at the same time as a residence visa will
             become current from the date the first residence permit is granted.
          d. If an applicant fails to arrive in New Zealand while their residence
             visa is current, the RRV will never become current.
          e. Applicants with residence permits subject to requirements under
             section 18A of the Immigration Act 1987 must be issued with RRVs
             subject to the same requirements.

                                                              Effective 04/07/2005


X4.25 Second and subsequent returning resident's visa (indefinite)
          See X4.25 Effective 04/09/2000
          See X4.25 Effective 26/07/1999
          a. Principal applicants* must be issued with an RRV current for an
             indefinite period if they:
             i   can demonstrate a commitment to New Zealand by meeting the
                 requirements set out in any one of the five subsections below,
                 and
             ii held a residence permit at a time which was a minimum of 2 years
                before the current application for an RRV was made, and
             iii have met any requirements previously imposed under section
                 18A.

          X4.25.1 Significant period of time spent in New Zealand
          a. They have held residence permits for a total of 184 days or more in
             each of the two 12-month portions of the 24 months immediately
             preceding their application for an RRV (ie, in each of the two 12-
             month portions, a period or periods that amount to 184 days or more).

          X4.25.5 Tax residence status in New Zealand
          a. They have held residence permits 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 an RRV 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* for 24 months in the
             2 years before their application.
105-6   Residence   Chapter 105



                        X4.25.10 Investment in New Zealand
                        a. They have been approved residence under the Business Investor
                           Category, and have met any requirements imposed under section 18A
                           of the Immigration Act 1987 (see BI12), or
                        b. they have been approved residence other than under the Business
                           Investor Category, and have 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 X4.25.10(c) below for a period of two
                           years, or more after the date their residence visa was issued or their
                           initial residence permit was granted.
                        c. Principal applicants* applying for an RRV under X4.25.10 (b) 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".

                        X4.25.15 Establishment of a business in New Zealand
                        a. They have been approved residence 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
                           the RRV was made.
                        b. Principal applicants* applying for an RRV under this policy will be
                           considered to have successfully established a business in New
                           Zealand if:
                                              Chapter 105 Residence     105-7


    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 this policy 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.

X4.25.20 Base established in New Zealand
a. 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 residence has resided in New
        Zealand for at least 184 days in the two year period immediately
        preceding the date the application for the RRV was made, and
   ii they have held residence permits for a total of at least 41 days in
      the 12 months immediately preceding the date the application for
      the RRV was made, and either
   iii they own and maintain a family home in New Zealand, or
   iv they are engaged in full time continuous genuine employment in
      New Zealand immediately preceding the date the application for
      the RRV was made.
b. For the purpose of this policy 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 the date they were initially granted a residence
        permit and still own that property either solely or jointly with
        members of their immediate family who were included in the
        application for residence, and
   ii they and/or members of their immediate family who were
      included in the application for residence 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 residence 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
105-8   Residence    Chapter 105


                         d. For the purpose of this policy 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
                            RRV was made. Employment involving payment by commission
                            and/or retainer is not acceptable. Self-employment is acceptable if
                            they can produce evidence of genuine lawful active involvement in
                            the management and operating of a business in New Zealand which
                            the principal applicant* has established, purchased, or has a
                            shareholding in.

                                                                               Effective 04/07/2005


               X4.30 Second and subsequent returning resident's visa (12 months)
                         See X4.30 Effective 14/10/99
                         See X4.30 Effective 26/07/99
                         a. Principal applicants* must be issued with an RRV current for 12
                            months if they:
                             i     meet the requirements set out in either one of the two subsections
                                   below, and
                             ii held a residence permit at a time which was a minimum of 1 year
                                before the current application for an RRV was made, and
                             iii have met any requirements previously imposed under section
                                 18A.

                         X4.30.1 Time spent in New Zealand
                         a. They have held residence permits 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 an RRV was made
                            (ie, in at least one of the two 12-month portions, a period or periods
                            that amount to 184 days or more).

                         X4.30.5 Tax residence status plus limited time spent in New Zealand
                         a. They have held residence permits 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 an RRV 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. are assessed as having tax residence status* for 12 months in the 2
                            years before their application.

                                                                               Effective 04/09/2000
                                                     Chapter 105 Residence    105-9



X4.35 Second and subsequent returning resident's visa (14 days)
          See X4.35 Effective 26/07/99
          a. Applicants must be issued with an RRV current for 14 days if they
             hold a residence permit and do not meet the requirements for an
             indefinite or further 12-month RRV.
          b. Applications for second or subsequent RRVs made outside New
             Zealand, which do not meet the requirements of RRV policy, may be
             declined.
          c. Applications for second or subsequent RRVs made outside New
             Zealand by applicants who have failed to meet any requirements
             imposed under section 18A of the Immigration Act 1987, may be
             declined whether or not they are otherwise eligible under general or
             transitional RRV policy.
             Note: Nothing prevents a visa officer from issuing an RRV of any
             currency to any person who, because of exceptional circumstances, is
             not eligible for the issue of an RRV under these policies (see
             X2.10(c)).

                                                             Effective 04/09/2000
                                                                                     Chapter 106 Residence              106-1


CHAPTER 106

X5 Transitional policy

                         In This Chapter
                         X5.1 Summary ................................................................................... 106-1
                         X5.5 Who may apply under transitional policy?................................ 106-1
                         X5.10 Returning resident visa (indefinite)......................................... 106-2
                         X5.15 Returning resident visa (restricted) ......................................... 106-2


              X5.1 Summary
                         The transitional policy applies to applicants who were first granted
                         residence before 30 October 1995. Depending on their circumstances and
                         if they meet specific criteria set out below, such applicants may obtain an
                         RRV of indefinite or restricted currency. Any subsequent applications are
                         considered under general policy (see X4). Applicants who do not meet
                         the requirements under transitional policy should be considered under
                         general policy. Applicants eligible under transitional policy may also be
                         considered under general policy if the provisions of general policy are
                         more favourable to them (see X4).

                                                                                                   Effective 26/07/99


              X5.5 Who may apply under transitional policy?
                         Immigration Act 1987 s 44

                         Applicants may apply once only under this policy, provided they:
                         a. are lodging an application for a first, second or subsequent RRV, and:
                              i    were granted residence permits before 30 October 1995 or in
                                   reliance on residence visas issued before 30 October 1995; or
                              ii arrived in New Zealand lawfully to live permanently in New
                                 Zealand at any time before 2 April 1974 and are considered to
                                 hold a residence permit; and
                         b. held a residence permit at a time which was a minimum of 2 years
                            before the current application for an RRV.

                                                                                                   Effective 26/07/99
106-2   Residence     Chapter 106



               X5.10 Returning resident visa (indefinite)
                          Applicants who meet the requirements in X5.5 may be issued with an
                          RRV current for an indefinite period if they have:
                          a. either held residence permits 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 application for an RRV was made (ie, in each
                             of the two 12-month portions, a period or periods that amount to 184
                             days or more); or
                              i     held residence permits 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 an RRV was made (ie, in
                                    each of the two 12-month portions, a period or periods that
                                    amount to 41 days or more); and
                              ii are assessed as having tax residence status* for 24 months in the 2
                                 years before their application was made; and
                          b. have met any requirements previously imposed under section 18A of
                             the Immigration Act 1987.

                                                                                   Effective 26/07/99


               X5.15 Returning resident visa (restricted)
                          Applicants not eligible for an RRV of indefinite currency, but who meet
                          the requirements in X5.5, may be issued with an RRV of restricted
                          currency, as provided in the three following subsections.

                          X5.15.1 First-time RRV applicants
                          Applicants who are lodging an application for their first RRV may be
                          issued with an RRV current for 2 years from the date of issue.

                          X5.15.5 Second or subsequent RRV applicants
                          Applicants who are lodging an application for a second or subsequent
                          time may be issued with an RRV current for a period equivalent to that
                          for which they have held residence permits during the 4 years before the
                          application was made.

                          X5.15.10 Former Business Investment or General (Investment)
                                   category residence applicants
                          a. Principal applicants* who gained residence under Business
                             Investment category, or General (Investment) category policies, who
                             are lodging an application for their second RRV, may be issued with
                             an RRV current for 2 years from the date of issue, provided that they
                             have met any requirements previously imposed under section 18A of
                             the Immigration Act 1987.
                                         Chapter 106 Residence    106-3


b. Non-principal applicants may be issued with an RRV current for the
   same period as that issued to the principal applicant*.

                                                   Effective 26/07/99
                                                                            Chapter 107 Residence          107-1


CHAPTER 107

X6 Special provisions

                        In This Chapter
                        X6.1 Holders of Australian resident return visas ............................... 107-1
                        X6.10 Partners of New Zealand citizens not...................................... 107-1
                        X6.15 Residents seconded overseas as... ........................................... 107-2
                        X6.20 Evidence satisfying special provisions.................................... 107-2


             X6.1 Holders of Australian resident return visas
                        Immigration Regulations 1999 Schedule 1, Parts 1 and 2

                        Persons granted residence permits because they are holders of Australian
                        resident return visas may be granted New Zealand RRVs provided that
                        they meet the requirements for first, second and subsequent RRVs (see
                        X4.20, X4.25, X4.30 or X4.35).

                                                                                         Effective 26/07/99


             X6.10 Partners of New Zealand citizens not...
                        See X6.10 Effective 14/10/1999
                        See X6.10 Effective 26/07/1999

                        X6.10 Partners of New Zealand citizens not qualifying for returning
                                 residents' visas of indefinite currency
                        a. Partners of New Zealand citizens who do not qualify for an RRV
                           current for an indefinite period (see X4.25), may be issued with a
                           further two year RRV, provided:
                            i    the New Zealand partner* supports the application in writing,
                                 and:
                            ii evidence is produced that the partnership with the New Zealand
                               partner* is ongoing.

                        X6.10.1 Dependent children*
                        a. Dependent children* of the partner* of a New Zealand citizen, who
                           were included in that partner's residence application, may be issued
                           with an RRV.
                        b. The RRV will be current for a period equivalent to that of the
                           partner's RRV.

                                                                                      Effective 29/09/2003
107-2   Residence    Chapter 107



               X6.15 Residents seconded overseas as...
                         See X6.15 Effective 26/07/1999

                         X6.15 Residents seconded overseas as part of their New Zealand
                         employment
                         a. Residents seconded overseas as part of their New Zealand
                            employment, who do not qualify for RRVs current for an indefinite
                            period, may be issued with a further two year RRV provided that the
                            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. Such visas may be renewed every 2 years, for up to a total of 8 years'
                            stay outside New Zealand.
                         c. Partners and their children may renew RRVs for a period equivalent
                            to that of the principal applicant's* RRV.

                                                                                Effective 29/09/2003




               X6.20 Evidence satisfying special provisions
                         See X6.20 Effective 26/07/1999

                         X6.20.1 Evidence of New Zealand partner's support
                         Evidence of a New Zealand partner's support of an applicant for an RRV
                         may include:
                         a. a letter stating support for the application, and
                         b. any additional evidence requested by the NZIS, including that
                            obtained by interview.

                         X6.20.5 Evidence of relationship to New Zealand citizen or to resident
                                  seconded overseas
                         An applicant making an application for an RRV on the basis of being the
                         partner* of a New Zealand citizen or New Zealand resident must provide:
                         c. evidence of their relationship with their New Zealand citizen or New
                            Zealand resident partner*, and
                         d. evidence that the partnership is ongoing.
                             Note: In each case where an applicant is reliant solely on being the
                             partner* of a New Zealand citizen or resident for the purposes of
                             obtaining an RRV under these policies, the onus of proving that their
                             partnership is ongoing, lies with the applicant and their partner.
                                             Chapter 107 Residence      107-3


e. for children of partners of New Zealand citizens, birth certificates or
   adoption orders or in the case of customary adoption evidence which
   satisfies a visa or immigration officer that customary adoption has
   taken place; or
f.   any additional evidence requested by the NZIS, including that
     obtained by interview.

X6.20.10 Evidence of secondment overseas
Evidence of secondment overseas is:
g. An original or certified copy of a letter from the employer:
     iii stating the terms and duration of the secondment, and
     iv confirming that the applicant is still considered to be a New
        Zealand resident; and
h. any additional evidence requested by the NZIS, including that
   obtained by interview.

                                                     Effective 29/09/2003
                                                                            Chapter 108 Residence        108-1


CHAPTER 108

X7 Transferring and declining returning residents' visas

                         In This Chapter
                         X7.1 Transfer of a current returning resident's visa ........................... 108-1
                         X7.5 Declining applications for returning residents' visas................. 108-1


              X7.1 Transfer of a current returning resident's visa
                         a. A current RRV may be transferred to a new passport if the previous
                            passport has expired.
                         b. A transferred RRV will have the same currency as the RRV in the
                            expired passport.

                                                                                        Effective 26/07/99


              X7.5 Declining applications for returning residents' visas
                         a. Applications made in New Zealand by residence permit holders
                            cannot be declined (see X2.5.1)
                         b. Applications for second or subsequent RRVs made outside New
                            Zealand, which do not meet the requirements of RRV policy, may be
                            declined.
                         c. Applications for second or subsequent RRVs made outside New
                            Zealand by applicants who have failed to meet any requirements
                            imposed under section 18A of the Immigration Act 1987, may be
                            declined whether or not they are otherwise eligible under general or
                            transitional RRV policy.

                         X7.5.1 Requests for reconsideration
                         a. An applicant may seek to have the decision to decline an application
                            for an RRV reconsidered, if it was declined because:
                             i    the visa officer was not satisfied with the evidence of residence
                                 produced, or
                             ii the application was outside policy.
                         b. Another officer with a grading the same as or higher than the officer
                            who made the original decision will review the decision.
                         c. The review process involves checking that policy and procedures
                            were correctly applied when the application was processed.

                                                                                        Effective 26/07/99
                                                                                            Residence




Residence from Work Category
             In This Section
             RW1 Objective................................................................................... 109-1
             RW2 Residence policy for holders of... ............................................. 110-1
             RW3 Residence policy for holders of visas or permits
             granted under..................................................................................... 111-1
             RW4 Residence policy for holders of permits granted under... ......... 112-1
             RW5 English language requirements for... ........................................ 113-1
             RW6 Migrant Levy ............................................................................ 114-1
                                                             Chapter 109 Residence      109-1


CHAPTER 109

RW1 Objective
                The objective of the Residence from Work category is to enable the grant
                of residence to people whose talents are needed by New Zealand
                employers, people with exceptional talent in a field of art, culture or sport
                and people working in areas of identified absolute occupational shortage
                in New Zealand.

                                                                      Effective 29/04/2002
                                                                                Chapter 110 Residence           110-1


CHAPTER 110

RW2 Residence policy for holders of...

                         RW2 Residence policy for holders of work permits granted under the
                                Talent (Accredited Employers) Work Policy
                         See RW2 Effective 01/04/2004
                         See RW2 Effective 29/04/2002

                         Holders of permits or visas granted under the Talent (Accredited
                         Employers) Work Policy may be granted a residence permit where:
                         a. they have held a work visa or permit granted under the Talent
                            (Accredited Employers) Work Policy for a period of at least 24
                            months; and
                         b. during the currency of that visa and permit 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,
                                during the period of that employment the conditions of the
                                applicant's visa and permit were varied to allow them to work for
                                that employer(s) (see WR1.5(d) (ii); and
                         c. they have employment in New Zealand with a minimum base salary
                            of NZ$45,000 per annum; 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 R4.1 and R4.5).

                         Note: Applicants under this policy must be in New Zealand at the time
                         they lodge their application for residence.

                         Note: 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 15/11/2004


                         In This Chapter
                         RW2.1 Requirements for employment............................................... 110-1
                         RW2.5 Evidential requirements ......................................................... 110-2


              RW2.1 Requirements for employment
                         Employment must be:
                         a. in New Zealand, and
110-2   Residence    Chapter 110


                         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 29/04/2002


               RW2.5 Evidential requirements
                         Applications for residence under the Residence policy for holders of
                         work permits granted under the Talent (Accredited Employers) Work
                         Policy must include:
                         a. Evidence that during the currency of their visa and permit issued and
                            granted under the Talent (Accredited Employers) Work Policy, 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
                            RW2.1; 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 29/04/2002
                                                                                       Chapter 111 Residence               111-1


CHAPTER 111

RW3 Residence policy for holders of visas or permits granted under...

                         RW3 Residence policy for holders of visas or permits granted under
                                the Talent (Arts, Culture and Sports) Work Policy
                         See RW3 Effective 29/04/2002

                         Holders of permits granted under the Talent (Arts, Culture and Sports)
                         Work Policy may be granted a residence permit where:
                         a. they have held a work visa or permit granted under the Talent (Arts,
                            Culture and Sports) Work Policy for a period of at least 24 months;
                            and
                         b. during the currency of that visa and permit 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 sponsored by a New Zealand organisation of national
                            repute* in their declared field; and
                         f.   they meet health and character requirements (see R4.1 and R4.5); and
                         g. they have not, at any time since the grant of their permit under the
                            Talent (Arts, Culture and Sports) Work Policy, applied for, or been
                            granted welfare assistance under the Social Security Act 1964. (For
                            the purpose of this policy, any welfare assistance applied for by, or
                            granted to, a partner or child of the holder of a work permit under this
                            policy is welfare assistance applied for or granted to the holder.)

                         Note: Applicants under this policy must be in New Zealand at the time
                         they lodge their application for residence.

                                                                                                   Effective 01/04/2004


                         In This Chapter
                         RW3.1 Definition of 'New Zealand organisation of
                         national repute' .................................................................................. 111-2
                         RW3.5 Sponsorship by a New Zealand organisation of
                         national repute*................................................................................. 111-2
                         RW3.10 Evidential requirements ....................................................... 111-3
111-2   Residence    Chapter 111



               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 29/04/2002


               RW3.5 Sponsorship by a New Zealand organisation of national
                        repute*
                         a. Applicants who are sponsored by an organisation of national repute*
                            in their declared field of art, culture or sport must provide a
                            completed NZIS Talent (Arts, Culture and Sports) Sponsorship Form
                            with their application for residence.
                         b. Completion of the form includes:
                             i     a statement of support for the residence 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 personal undertaking from a person described in RW3.5.1
                                 below that they will:
                                      ensure that adequate accommodation in New Zealand is and
                                      continues to be available for the applicant; and
                                      provide accommodation during the first 24 months of their
                                      applicant’s residence in New Zealand if necessary; and
                                      provide financial support during the first 24 months of the
                                      applicant’s residence in New Zealand if necessary; and
                                      repay to the Crown any costs to the Crown which result from
                                      their failure to meet their obligations as a sponsor and
                                      acknowledge that if those costs are incurred they become a
                                      debt due to the Crown.

                         RW3.5.1 Eligibility to give personal undertakings of accommodation
                                 and support
                         A person giving the personal undertakings set out in RW3.5 (b)(iii) above
                         must:
                         a. be in New Zealand; and
                                                       Chapter 111 Residence       111-3


         b. be a New Zealand or Australian citizen or the holder of a current
            residence permit that is not subject to requirements under s18A of the
            Immigration Act 1987; and
         c. have been a New Zealand or Australian citizen and/or the holder of a
            residence permit or a returning resident's visa for at least three years
            immediately preceding the date the application under the Residence
            policy for holders of visas or permits granted under the Talent (Arts,
            Culture and Sports) Work Policy is made*; and
         d. in each of the three 12 month portions within that three year period,
            have spent a total of 184 days or more in New Zealand.

                                                               Effective 29/04/2002


RW3.10 Evidential requirements
         Applications for residence under the Residence policy for holders of
         work permits granted under the Talent (Arts, Culture and Sports)Work
         Policy must include:
         a. Evidence that during the currency of their visa and permit issued and
            granted under the Talent (Arts, Culture and Sports) Work Policy, 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
            from an organisation of national repute* that includes the
            undertakings set out in RW3.5(b)(iii) above.

                                                               Effective 29/04/2002
                                                                                Chapter 112 Residence           112-1


CHAPTER 112

RW4 Residence policy for holders of permits granted under...

                         RW4 Residence policy for holders of permits granted under the Long
                                Term Skill Shortage List Work Policy
                         See RW4 Effective 01/04/2004
                         See RW4 Effective 29/04/2002

                         Holders of permits granted under the Long Term Skill Shortage List
                         Work Policy or, prior to 13 December 2004, the former Priority
                         Occupations Work Policy, may be granted a residence permit where:
                         a. they have held a work visa or permit granted or issued under the
                            Long Term Skill Shortage List Work Policy or the former Priority
                            Occupations Work Policy for a period of at least 24 months; and
                         b. during the currency of that visa and permit they have been employed
                            in New Zealand in an occupation included on the Long Term Skill
                            Shortage List or the former Priority Occupations List throughout a
                            period of at least 24 months; and
                         c. they have employment with a minimum base salary of NZ$45,000
                            per annum that is either:
                              i   in an occupation on the basis of which they were issued a work
                                  visa or granted a work permit under the Long Term Skill Shortage
                                  List Work Policy or the former Priority Occupations Work
                                  Policy, or
                              ii in an occupation that is on the Long Term Skill Shortage List at
                                 the time their application for residence is made*; and
                         d. they are aged 55 years or under; and
                         e. 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
                         f.   they meet health and character requirements (see R4.1 and R4.5).

                         Note: Applicants under this policy must be in New Zealand at the time
                         they lodge their application for residence.

                                                                                          Effective 04/04/2005


                         In This Chapter
                         RW4.1 Requirements for employment............................................... 112-2
                         RW4.5 Evidential requirements ......................................................... 112-2
112-2   Residence    Chapter 112



               RW4.1 Requirements for employment
                         Employment must be:
                         a. in New Zealand, and
                         b. full-time, (that is it amounts to, on average, at least 30 hours per
                            week), and
                         c. ongoing (that is, for employment that is permanent, or indefinite, or
                            for a stated term of at least 12 months with an option for the
                            employee of further terms); and
                         d. genuine, and
                         e. compliant with all relevant employment law in force in New Zealand.
                             Note: Compliance with relevant New Zealand employment law
                             includes but is not limited to:
                             ~ a written employment agreement that contains the necessary
                             statutory specified terms and conditions
                             ~ meeting holiday and special leave requirements and other minimum
                             statutory criteria
                             ~ meeting occupational safety and health obligations.

                                                                              ·Effective 29/04/2002


               RW4.5 Evidential requirements
                         See RW4.5 Effective 29/04/2002

                         Applications for residence under the Residence policy for holders of
                         work permits granted under the Long Term Skill Shortage List Work
                         Policy or the former Priority Occupations Work Policy must include:
                         a. Evidence that during the currency of their visa and permit issued and
                            granted under the Long Term Skill Shortage List Work Policy or the
                            former Priority Occupations Work Policy, the applicant has been
                            employed in New Zealand in an occupation included on the Long
                            Term Skill Shortage List or the former Priority Occupations List
                            throughout a period of at least 24 months; and
                         b. Evidence of employment that meets the requirements set out at RW4
                            (c) 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 04/04/2005
                                                                                     Chapter 113 Residence               113-1


CHAPTER 113

RW5 English language requirements for...
                        RW5 English language requirements for non-principal applicants
                        under the Residence from Work category

                        See RW5 Effective 29/04/2002

                        To be issued a residence visa or granted a residence permit, partners* and
                        dependent children aged 16 and older, who are included in Residence
                        from Work category applications, must either:
                        a. 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, or
                        b. pre-purchase ESOL training.

                                                                                                 Effective 29/09/2003


                        In This Chapter
                        RW5.1 Minimum standard of English ............................................... 113-1
                        RW5.5 Evidence of an English-speaking background....................... 113-2
                        RW5.10 Employment in New Zealand as English-speaking
                        background........................................................................................ 113-3
                        RW5.15 Evidence of employment in New Zealand........................... 113-3
                        RW5.20 NZIS to collect charge on behalf of TEC ............................ 113-4
                        RW5.25 TEC to arrange ESOL tuition .............................................. 113-4
                        RW5.30 Applicant's Agreement with TEC ........................................ 113-4
                        RW5.35 Completion of Agreement ................................................... 113-5
                        RW5.40 The amount of ESOL tuition to be pre-purchased ............... 113-5
                        RW5.45 Failure to pre-purchase ESOL tuition.................................. 113-5
                        RW5.50 Limited period to use ESOL tuition..................................... 113-6


             RW5.1 Minimum standard of English
                        See RW5.1 Effective 29/04/2002
                        a. Partners* and dependent children aged 16 and older 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 a visa or
                                immigration officer as meeting the minimum standard of English;
                                or
113-2   Residence    Chapter 113


                             iii they provide other evidence which satisfies a visa or 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), a visa or 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: 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 29/09/2003




               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
                                                    Chapter 113 Residence       113-3


            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 29/04/2002


RW5.10 Employment in New Zealand as English-speaking
        background
         a. An applicant is also considered to have an English-speaking
            background if:
            i   they have been lawfully employed full-time in an occupation in
                New Zealand for a minimum of 12 months; and
            ii English was the language of employment
         b. "Employment' in the context of English language requirements policy
            does not include self-employment.

                                                             Effective 29/04/2002


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.
113-4   Residence    Chapter 113


                         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 29/04/2002


               RW5.20 NZIS to collect charge on behalf of TEC
                         See RW5.20 Effective 29/04/2002
                         a. Instead of meeting 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 the NZIS (who collect this charge on behalf of
                            TEC).
                         b. Before a residence visa is issued or a residence permit is granted,
                            applicants must pay any ESOL tuition charge due.

                                                                             Effective 30/06/2003


               RW5.25 TEC to arrange ESOL tuition
                         See RW5.25 Effective 29/04/2002
                         a. The applicant is entitled to tuition to the value of the ESOL
                            entitlement component of the ESOL tuition charge. This does not
                            include NZIS 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 30/06/2003


               RW5.30 Applicant's Agreement with TEC
                         See RW5.30 Effective 29/04/2002
                         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 the NZIS 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.

                                                                             Effective 30/06/2003
                                                        Chapter 113 Residence    113-5



RW5.35 Completion of Agreement
         See RW5.35 Effective 29/04/2002
         a. When an application for residence 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 NZIS processing
            office with the tuition fee(s).
         c. If the Agreement is not signed and returned to the NZIS within the
            time specified by the NZIS, the residence application must be
            declined.
         d. The NZIS copy of the Agreement should be sent to TEC, P O Box
            27-048, Wellington, New Zealand.

                                                                 Effective 30/06/2003




RW5.40 The amount of ESOL tuition to be pre-purchased
         See RW5.40 Effective 29/04/2002
         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$1,700                NZ$1,500
             4 or more, but less than 4.5    NZ$3,350                NZ$3,000
             3.5 or more, but less than 4    NZ$5,000                NZ$4,500
             Less than 3.5                   NZ$6,650                NZ$6,000
         a. The charge includes the applicant's ESOL tuition entitlement, as well
            as the NZIS and TEC administration costs.
         b. If an applicant has not submitted IELTS results when requested, the
            maximum charge of NZ$6,650 applies.

                                                                 Effective 30/06/2003


RW5.45 Failure to pre-purchase ESOL tuition
         Any ESOL tuition charge due must be paid before a residence visa is
         issued or a residence permit is granted; and if it is not paid to the NZIS
         within the specified time, the residence application must be declined.

                                                                 Effective 29/04/2002
113-6   Residence    Chapter 113



               RW5.50 Limited period to use ESOL tuition
                         a. If ESOL tuition is purchased in New Zealand, the applicant must
                            complete the tuition within 3 years from the date of payment.
                         b. If ESOL tuition is purchased outside New Zealand, the applicant
                            must complete the tuition within 3½ years from the date of payment.
                         c. ESOL tuition will not be available without further payment, nor will
                            refunds be given, to applicants who do not take up ESOL tuition
                            within the time limits specified in paragraphs (a) and (b).

                                                                            Effective 29/04/2002
                                                            Chapter 114 Residence   114-1


CHAPTER 114

RW6 Migrant Levy
                   See RW6 Effective 29/04/2002

                   Applicants approved under the Residence from Work category are
                   required to pay a Migrant Levy (see R5.90).

                                                                   Effective 01/07/2003
                                                                                            Residence




Special Policies
              In This Section
              S1 Special policy for certain nationalities.......................................... 115-1
              S2 Special directions policy ............................................................... 116-1
              S3 Refugee Policy .............................................................................. 117-1
              S4 Special residence policies ............................................................. 118-1
                                                                                       Chapter 115 Residence              115-1


CHAPTER 115

S1 Special policy for certain nationalities

                           In This Chapter
                           S1.1 Pitcairn Islanders........................................................................ 115-1
                           S1.10 Samoan Quota Scheme ............................................................ 115-2
                           S1.11 Residual Quota Places Policy .................................................. 115-6
                           S1.15 Nationals of the People's Republic of China (PRC) ................ 115-7
                           S1.20 Sri Lankan nationals .............................................................. 115-10
                           S1.25 Indo-Chinese applicants in refugee camps............................. 115-12
                           S1.30 Restrictions on entry to or transit through New Zealand
                           of certain groups.............................................................................. 115-13
                           S1.31 Ban on the issue of visas to leading members of... ................ 115-14
                           S1.35 Ban on the issue of visas or permits to................................... 115-14
                           S1.36 Restriction on the issue of visas or grant of permits to... ....... 115-15
                           S1.40 Pacific Access Category ........................................................ 115-15
                           S1.41 Residual Pacific Access Category Places Policy ................... 115-21


               S1.1 Pitcairn Islanders
                           a. Pitcairn Islanders are considered for residence under a special policy
                              because New Zealand recognises that there are few employment
                              opportunities on Pitcairn Island.
                           b. Pitcairn Islanders must be approved for residence if they:
                                i    apply in the prescribed manner (see R2.35 - R2.45), and
                                ii meet health and character requirements (see R4), and
                                iii have an offer of employment in New Zealand that meets the
                                    requirements of G4.15.

                                                                                                  Effective 26/07/1999
115-2   Residence   Chapter 115



               S1.10 Samoan Quota Scheme
                        See S1.10 Effective 21/03/2006
                        See S1.10 Effective 27/02/2006
                        See S1.10 Effective 02/06/2005
                        See S1.10 Effective 05/04/2005
                        See S1.10 Effective 15/11/2004
                        See S1.10 Effective 07/09/2004
                        See S1.10 Effective 29/09/2003
                        See S1.10 Effective 15/03/2001
                        See S1.10 Effective 26/07/1999

                        The Samoan Quota Scheme allows up to 1,100 Samoans, including their
                        partners* and dependent children*, to be granted residence in New
                        Zealand each year (see R6.10).

                        S1.10.1 Criteria for residence
                        a. To qualify for residence 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 residence is made*; and
                            iii have their registration drawn from the Samoan Quota Scheme
                                pool; and
                            iv lodge their application for residence 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     be aged between 18 and 45 inclusive; and
                            vi have an acceptable offer of employment, or have a partner*
                               included in the application who has an acceptable offer of
                               employment (see S1.10.5 below); and
                            vii meet a minimum level of English language ability (see S1.10.20
                                below); and
                            viii (if they have dependent children*) meet the minimum income
                                 requirement (see S1.10.15 below); and
                            ix meet health and character requirements for residence (see R4).
                        b. Partners* and dependent children* of the principal applicant who are
                           included in the residence application must also meet health and
                           character requirements for residence (see R4).
                        c. A visa or 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.
                                             Chapter 115 Residence     115-3


d. The Group Manager of Service International may extend the six
   month timeframe referred to in paragraph (a)(iv) in relation to a class
   of applicants if the Group Manager believes the special
   circumstances of the class of applicants justify such an extension.

S1.10.5 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:
   i   employment with a single employer in a job which is permanent,
       or indefinite, and of which the employer is in a position to meet
       the terms specified; or
   ii employment 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 S1.10.15.1 (c)
       applies; and
   ii current at the time of assessing the application and at the time of
      issue of the visa and/or grant of the permit; 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 S1.10.15 below.
115-4   Residence   Chapter 115



                        S1.10.10 Evidence
                        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.
                            Note: the employment agreement need not be supplied until after
                            approval in principle.
                        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.

                        S1.10.15 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
                           their dependent children*.
                        b. The gross minimum income requirement for applicants drawn from
                           the 2005/2006 ballot who apply after 21 March 2006 is $24,793.00.
                        c. The gross minimum income requirement is $28,888.08 for all other
                           applicants. This is based on the Unemployment Benefit (married and
                           civil union rate) plus the maximum Accommodation Supplement (as
                           set by the New Zealand Government).
                        d. The minimum income requirement must be derived from an
                           acceptable offer of employment - see S1.10.5.

                        S1.10.15.1 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, a visa or
                           immigration officer is satisfied the principal applicant* and partner*
                           have been living together for 12 months or more in a partnership that
                           is genuine and stable* - see R2.1.15.1(b) and R2.1.15.5(a)(i).
                                            Chapter 115 Residence      115-5


c. Where the employment (and income) of both the principal applicant*
   and their partner* is used to meet the minimum income requirement,
   both offers of employment must meet all the requirements in S1.10.5,
   except that only one has to meet the requirement that the offer be for
   full-time employment.

S1.10.20 Minimum English language requirement
a. The interviewing visa/immigration officer determines 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.

S1.10.25 Eligibility to make a Samoan Quota Scheme application
a. Any applicants who have previously overstayed in New Zealand, but
   have departed voluntarily, and do not have a removal order in force
   in respect of them, can register under the Samoan Quota Scheme.
   Any applicants included in a registration who are currently in New
   Zealand, must be in New Zealand lawfully at the time the registration
   is made, and when the ballot is run, and when they apply for
   residence.
b. To be eligible to make an application for residence under the Samoan
   Quota Scheme, applicants must first successfully complete the
   following registration process:
   i   Applicants will be invited each year to register their interest in
       applying for residence under the Samoan Quota Scheme within a
       set registration period. The dates of the registration period will be
       announced by INZ prior to the registration opening.
   ii Registrations of interest must be lodged during the registration
      period, on the official Samoan Quota Scheme Registration Form,
      at the appropriate receiving office specified in the form, with only
      one registration form per envelope.
   iii Each principal applicant* may send only one registration form. If
       more than one registration form is sent, that person is disqualified
       from that year's registration of interest.
   iv All registrations from persons eligible to register that are received
      by INZ on or between the first and last day of the notified
      registration period will be entered into a pool of registrations.

S1.10.30 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 has been drawn.
115-6   Residence    Chapter 115


                         c. Principal applicants* 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 residence under the Samoan Quota Scheme policy at
                            the appropriate receiving office of INZ not more than six months
                            after the date of that advice.

                         S1.10.35 Determining applications
                         a. Visa/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. Visa/immigration officers must then assess the applicant's English
                            language ability against the criteria at S1.10.20 above.

                         S1.10.40 Issue and grant of visas and permits
                         a. If an application for residence under the Samoan Quota Scheme is
                            approved and the applicant is in New Zealand lawfully, a residence
                            permit will be granted.
                         b. If an application for residence under the Samoan Quota Scheme is
                            approved and the applicant is in Samoa, the principal applicant* will
                            be issued with a residence visa current for three months only, while
                            the partner* and dependent children* will be issued with residence
                            visas current for 12 months.

                                                                               Effective 28/03/2006


               S1.11 Residual Quota Places Policy
                         See S1.11 Effective 28/11/2005
                         See S1.11 Effective 15/11/2004
                         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 residence
                            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 policy; and
                             iii are lawfully in New Zealand at the time their application for
                                 residence 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 S1.10.5); and
                             v     are aged between 18 and 45 inclusive; and
                                                        Chapter 115 Residence      115-7


               vi meet a minimum level of English language ability (see S1.10.20);
                  and
               vii meet the minimum income requirement (see S1.10.15) if they
                   have dependants; and
               viii meet health and character requirements.
          b. Partners* or dependent children* accepted under the Quota must
             meet health requirements policy (see A4).
          c. Partners* and dependent children* accepted under the Quota must
             meet character requirements (see A5).
          d. Applications will only be accepted if sent to the designated receiving
             office in New Zealand on the form Application for Residence in New
             Zealand (NZIS 1000).
          e. 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.
          f.   Applicants who meet the criteria specified in (a) to (d) above will be
               granted residence.
          g. 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 27/02/2006


S1.15 Nationals of the People's Republic of China (PRC)
          a. PRC nationals who were in New Zealand on 24 June 1994 and
             arrived in New Zealand on or before 31 March 1992, may be granted
             residence in New Zealand, if they:
               i   hold a current temporary permit at the time of applying, and
               ii pay the residence application fee, and
               iii are not people to whom section 7(1)(a), (b) and (d)(i) of the
                   Immigration Act 1987 apply, and
               iv if applicable, provide police clearances from third countries in
                  which they have spent 12 months or more in the past 10 years,
                  and
               v   if possible, provide the relevant Chinese police clearance.
               Note: Applicants do not have to submit the last 2 documents at the
               same time as they lodge the application: see Immigration Regulations
               1999 reg 3(7).
          b. PRC nationals who arrived on or before 31 March 1992 and have
             departed from New Zealand since 24 June 1994, are not eligible
             unless they:
               i   held a current temporary visa to return to New Zealand issued
                   before 24 June 1994, and
               ii returned to New Zealand in reliance on that visa.
115-8   Residence   Chapter 115


                            Note: The effect of this policy is that only residence permits will be
                            granted, and no residence visas will be issued.

                        S1.15.1 Lodgement requirements

                        Note: Lodgement requirements under this provision differ slightly from
                        those specified in Generic Residence at R2.40.

                        a. Principal applicants* must provide:
                            i     the completed form Application for Residence in New Zealand
                                  (with the residence application fee) for themselves and any
                                  spouse and dependent children* who are in New Zealand or
                                  overseas, and
                            ii completed medical and X-ray certificates for themselves and any
                               spouse and dependent children* who are in New Zealand and
                               included in the application, and
                            iii police clearances, and
                            iv birth certificates for all people included in the application.
                        b. If an applicant has previously lodged an application for residence and
                           supplied police clearances, new clearances will only be required if
                           the applicant has spent a further 12 months in the country which
                           issued clearance.
                        c. Applicants should make every attempt to obtain a police clearance
                           from their home country, but the application may be assessed on the
                           basis of any information held on file if:
                            i     it is not possible to obtain a police clearance, or
                            ii the immigration officer is satisfied that attempts have been made,
                               or
                            iii an attempt is not appropriate because it might put the applicant at
                                risk.
                        d. The NZIS will obtain New Zealand Police clearances for the period
                           of time spent in New Zealand.

                        S1.15.5 Principal applicants in 'split family' situations
                        a. Principal applicants* already in New Zealand, whose family
                           members are living in another country, and who wish to have their
                           spouse or partner and dependants considered for residence at a later
                           date under standard Family category policy (see F2 to F6), must
                           supply details of the spouse or partner and dependants in their
                           application form.
                        b. Other family members living outside New Zealand may apply in their
                           own right once the principal applicant has been granted residence.
                        c. Those outside New Zealand included in 'split family' applications
                           may submit medical and X-ray certificates through offices of the
                           NZIS outside New Zealand.
                                             Chapter 115 Residence        115-9



S1.15.10 Applicants subject to removal orders
a. Applicants who have been served with a removal warrant or order are
   assessed to determine:
   i    how to resolve their unlawful status, and
   ii how to place them on current permits so that they are able to
      lodge a residence application.
   Note: Removal warrants were called 'removal orders' on the
   commencement of the Immigration Amendment Act 1991.
b. Once an applicant's removal order is cancelled under section 52A of
   the Immigration Act 1987, the applicant will be treated as one who
   holds an expired temporary permit.

S1.15.15 Applicants with applications under consideration or appeal
a. Applicants who have a current application for residence under
   consideration or under appeal to the Minister of Immigration or any
   appeal authority, will not be required to make a new application.
b. Such applicants may themselves decide whether or not to pursue any
   appeal.
c. Successful applicants who have appeals before the Removal Review
   Authority (RRA) or the Residence Appeal Authority (RAA) need to
   address any request for a fee refund to the applicable Secretariat.
d. Successful applicants who have appeals to the Refugee Status Appeal
   Authority (RSAA) may write to that authority and withdraw their
   appeal.

S1.15.20 Grant of temporary permits
a. Applicants who hold current temporary permits and require a further
   temporary permit may be granted one (fee waived) for 6 months.
b. Applicants who hold temporary permits that have expired may be
   granted a new one (fee waived) for a period of 6 months, under
   section 35A of the Immigration Act 1987.
c. Open work permits (without a labour market test: see W2.15.10) and
   visitors' permits may be granted, depending on the circumstances of
   the applicant.
d. The policy and mandatory requirements for granting a student permit
   will apply to applicants who apply for a student permit under section
   35A.

S1.15.25 Declined applications
If an application for residence under this policy is declined, standard
procedures for appeal to the Residence Appeal Authority apply.

                                                      Effective 26/07/1999
115-10   Residence    Chapter 115



                S1.20 Sri Lankan nationals
                          a. Sri Lankan nationals who were in New Zealand on 24 June 1994 and
                             arrived in New Zealand on or before 31 December 1988, may be
                             granted residence in New Zealand, if they:
                              i     hold a current temporary permit at the time of applying, and
                              ii pay the residence application fee, and
                              iii are not people to whom section 7(1)(a), (b) and (d)(i) of the
                                  Immigration Act 1987 apply, and
                              iv if applicable, provide police clearances from third countries in
                                 which they have spent 12 months or more in the past 10 years,
                                 and
                              v     if possible, provide the relevant Sri Lankan police clearance.
                              Note: Applicants do not have to submit the last 2 documents at the
                              same time as they lodge the application: see Immigration Regulations
                              1999 reg 3(7).
                          b. Sri Lankan nationals in New Zealand as of 24 June 1994, who arrived
                             on or before 31 December 1988 and have departed from New
                             Zealand since 24 June 1994, are not eligible for residence unless
                             they:
                              i     held a current temporary visa to return to New Zealand issued
                                    before 24 June 1994, and
                              ii returned to New Zealand in reliance on that visa.
                              Note: The effect of this policy is that only residence permits will be
                              granted, and no residence visas will be issued.

                          S1.20.1 Lodgement requirements

                          Note: Lodgement requirements under this provision differ slightly from
                          those specified in Generic Residence at R2.40.

                          a. Principal applicants* must provide:
                              i     the completed form Application for Residence in New Zealand
                                    (with the residence application fee) for themselves and any
                                    spouse and dependent children* who are in New Zealand or
                                    overseas, and
                              ii completed medical and X-ray certificates for themselves and any
                                 spouse and dependent children* who are in New Zealand and
                                 included in the application, and
                              iii police clearances, and
                              iv birth certificates for all people included in the application.
                          b. If an applicant has previously lodged an application for residence and
                             supplied police clearances, new clearances will only be required if
                             the applicant has spent a further 12 months in the country which
                             issued clearance.
                                              Chapter 115 Residence 115-11


c. Applicants should make every attempt to obtain a police clearance
   from their home country, but the application may be assessed on the
   basis of any information held on file if:
   i    it is not possible to obtain a police clearance, or
   ii the immigration officer is satisfied that attempts have been made,
      or
   iii an attempt is not appropriate because it might put the applicant at
       risk.
d. The NZIS will obtain New Zealand Police clearances for the period
   of time spent in New Zealand.

S1.20.5 Principal applicants in 'split family' situations
a. Principal applicants* already in New Zealand, whose family
   members are living in another country, and who wish to have their
   spouse or partner and dependants considered for residence at a later
   date under standard Family category policy (see F2 to F6), should
   supply details of the spouse or partner and dependants in their
   application form.
b. Other family members living outside New Zealand may apply in their
   own right once the principal applicant has been granted residence.
c. Those outside New Zealand included in 'split family' applications
   may submit medical and X-ray certificates through offices of the
   NZIS outside New Zealand.

S1.20.10 Applicants subject to removal orders
a. Applicants who have been served with a removal warrant or order are
   assessed to determine:
   i   how to resolve their unlawful status; and
   ii how to place them on current permits so that they are able to
      lodge a residence application.
   Note: Removal warrants were called 'removal orders' on the
   commencement of the Immigration Amendment Act 1991.
b. Once an applicant's removal order is cancelled under section 52A of
   the Immigration Act 1987, the applicant will be treated as one who
   holds an expired temporary permit.

S1.20.15 Applicants with applications under consideration or appeal
a. Applicants who have a current application for residence under
   consideration or under appeal to the Minister of Immigration or any
   appeal authority, will not be required to make a new application.
b. Such applicants may themselves decide whether or not to pursue any
   appeal.
c. Successful applicants who have appeals before the Removal Review
   Authority (RRA) or the Residence Appeal Authority (RAA) need to
   address any request for a fee refund to the applicable Secretariat.
115-12   Residence    Chapter 115


                          d. Successful applicants who have appeals to the Refugee Status Appeal
                             Authority (RSAA) may write to that authority and withdraw their
                             appeal.

                          S1.20.20 Grant of temporary permits
                          a. Applicants who hold current temporary permits and require a further
                             temporary permit may be granted one (fee waived) for 6 months.
                          b. Applicants who hold temporary permits that have expired may be
                             granted a new one (fee waived) for a period of 6 months, under
                             section 35A of the Immigration Act 1987.
                          c. Open work permits (without a labour market test: see W2.15.10) and
                             visitors' permits may be granted, depending on the circumstances of
                             the applicant.
                          d. The policy and mandatory requirements for granting a student permit
                             will apply to applicants who apply for a student permit under section
                             35A.

                          S1.20.25 Declined applications
                          If an application for residence under this policy is declined, standard
                          procedures for appeal to the Residence Appeal Authority apply.

                                                                                 Effective 26/07/1999


                S1.25 Indo-Chinese applicants in refugee camps
                          a. At an international conference on Indo-Chinese refugees in June
                             1989, New Zealand and other countries agreed to a Comprehensive
                             Plan of Action (CPA) for resettling Vietnamese refugees.
                          b. Under the CPA, Vietnamese who arrived in refugee camps before the
                             cut-off dates listed below have been granted prima facie refugee
                             status, and may be considered for residence in New Zealand under
                             Government Residence policy or the refugee programme:
                                    Hong Kong 16 June 1988
                                    Malaysia 14 March 1989
                                    Thailand 14 March 1989
                                    Philippines 14 March 1989
                                    Indonesia 17 March 1989.
                          c. To determine whether they met the UNHCR criteria for granting
                             refugee status, Vietnamese who arrived in camps after these dates
                             were screened as follows:
                              i     those who met the criteria (ie, were 'screened in') may be accepted
                                    for entry if eligible under the Refugee Quota (see R6.15); and
                              ii those who did not meet the criteria (ie, were 'screened out') may
                                 not be accepted for entry under the Refugee Quota and must
                                 return to Vietnam to pursue an application.
                                                             Chapter 115 Residence 115-13


          d. Branches of the NZIS may initially consider, in the same way as from
             applicants in Vietnam, residence applications from Vietnamese,
             Cambodians and Laotian applicants who are:
               i   living in refugee camps, and
               ii sponsored by relatives in New Zealand.
          e. Applications approved in principle must be referred to the
             appropriate branch or post for completion.
               Note: Such applications may involve applicants in refugee camps, but
               applications to migrate to New Zealand as refugees cannot be
               processed under the procedures set out in this section.
          f.   Any branch receiving an application for a Vietnamese in a refugee
               camp must check the refugee status of the applicant.
          g. Cut-off dates do not apply to Cambodians or Laotians in refugee
             camps.

                                                                       Effective 26/07/1999


S1.30 Restrictions on entry to or transit through New Zealand of
          certain groups
          See S1.30 Effective 16/04/2002
          See S1.30 Effective 13/12/2001
          See S1.30 Effective 26/07/1999

          United Nations Sanctions (Sierra Leone) Regulations 1997 Reg. 11; United Nations
          Sanctions (Liberia) Regulations 2001 Reg. 16; United Nations Sanctions (Afghanistan)
          Regulations 2001 Reg 12A; United Nations Sanctions (Côte d’Ivoire) Regulations 2005
          Reg 13

          a. In accordance with United Nations sanctions against certain groups,
             the New Zealand government has restrictions in place on the entry to
             or transit through New Zealand of nationals of the following
             countries:
               i   Sierra Leone
               ii Liberia
               iii Afghanistan
               iv Côte d’Ivoire
          b. Approval for nationals of these countries to enter or transit New
             Zealand will only be given on the advice of the Ministry of Foreign
             Affairs and Trade (MFAT).
          c. Appropriate procedures are in place to facilitate decisions on
             applications by nationals of the listed countries to enter or transit
             New Zealand.

                                                                       Effective 12/01/2006
115-14   Residence     Chapter 115



                S1.31 Ban on the issue of visas to leading members of...
                           S1.31 Ban on the issue 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 the New Zealand Immigration Service (NZIS) and
                              updated from time to time.
                           b. Ordinarily, none of the persons named on the lists held by the NZIS
                              may be issued a visa to enter New Zealand (including a transit visa)
                              or granted any permit to be in New Zealand.
                           c. Where special circumstances exist (supported by cogent and reliable
                              evidence) the NZIS may nonetheless issue a visa or grant a permit to
                              a person named on the lists.
                           d. The decision to issue a visa or grant a permit to a person named on
                              the lists is limited to immigration officers with Schedule 1
                              delegations (see A15.5.1).

                                                                               Effective 06/07/2000


                S1.35 Ban on the issue of visas or permits to...
                           See S1.35 Effective 13/11/00
                           See S1.35 Effective 27/07/00

                           S1.35 Ban on the issue of visas or permits to individuals named on
                                   the list held at Z9
                           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 the New
                              Zealand Immigration Service (NZIS) and updated from time to time
                              (see Z9).
                           b. Ordinarily, none of the persons named on the list held by the NZIS
                              may be issued a visa to enter New Zealand (including a transit visa)
                              or granted any permit to be in New Zealand.
                           c. Where special circumstances exist (supported by cogent and reliable
                              evidence) the NZIS may nonetheless issue a visa or grant a permit to
                              a person named on the list.
                           d. The decision to issue a visa or grant a permit to a person named in the
                              list is limited to immigration officers with Schedule 1 delegations
                              (see A15.5.1).

                                                                               Effective 30/11/2000
                                                        Chapter 115 Residence 115-15



S1.36 Restriction on the issue of visas or grant of permits to...
          See S1.36 Effective 08/09/2002
          See S1.36 Effective 16/04/2002

          S1.36 Restriction on the issue of visas or grant of permits to Robert
          Mugabe, President of Zimbabwe, and his close associates
          a. Ordinarily, none of the persons named on the list held at Appendix 7
             of the Operational Manual who:
              i   have acted in, or are acting in the role specified, or
              ii are, or have been, close associates of Robert Mugabe, President of
                 Zimbabwe, may be issued a visa to enter New Zealand (including
                 a transit visa) or be granted any permit to be in New Zealand.
          b. Where special circumstances exist (supported by cogent and reliable
             evidence) the New Zealand Immigration Service may nonetheless
             issue a visa or grant a permit to a person named on the list held at
             Appendix 7.
          c. The decision to issue a visa or grant a permit to a person named on
             the list held at Appendix 7 is limited to immigration officers with
             Schedule 1 delegations (see A15.5.1).

                                                                 Effective 07/11/2002


S1.40 Pacific Access Category
          See S1.40 Effective 21/03/2006
          See S1.40 Effective 27/02/2006
          See S1.40 Effective 02/06/2005
          See S1.40 Effective 05/04/2005
          See S1.40 Effective 15/11/2004
          See S1.40 Effective 07/09/2004
          See S1.40 Effective 28/06/2004
          See S1.40 Effective 29/09/2003
          See S1.40 Effective 01/07/2003
          See S1.40 Effective 01/07/2002

          S1.40.1 Objective
          The Pacific Access Category allows up to 250 citizens of Tonga, 75
          citizens of Tuvalu, 75 citizens of Kiribati, and 250 citizens of Fiji
          (including the partners* and dependent children* of principal applicants*
          under the Category), to be granted residence in New Zealand each year.

          S1.40.5 Criteria for residence
          a. To qualify for residence under the Pacific Access Category, the
             principal applicant* must:
              i   be a citizen of Tonga, Tuvalu, Kiribati, or Fiji; and
115-16   Residence   Chapter 115


                              ii have their Pacific Access Category registration drawn from the
                                 relevant Tonga, Tuvalu, Kiribati, or Fiji pool of the Pacific
                                 Access Category; and
                              iii lodge their application for residence under the Pacific Access
                                  Category within six months of written advice from INZ that their
                                  registration has been drawn from the relevant Tonga, Tuvalu,
                                  Kiribati, or Fiji pool of the Pacific Access Category; and
                              iv be 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 S1.40.30 below); and
                              vi meet a minimum level of English language ability (see S1.40.40
                                 below), and
                              vii (if they have dependent children*) meet the minimum income
                                  requirement set out at S1.40.35 below; and
                              viii meet health and character requirements (see R4).
                         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. Principal applicants* who are citizens of Fiji must be:
                              i    either in 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 Fiji or born overseas to a Fijian citizen
                                 who was born in Fiji.
                         f.   Partners* and dependent children* included in applications under the
                              Pacific Access Category must also meet health and character
                              requirements (see R4).
                         g. A visa or 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.
                                             Chapter 115 Residence 115-17


h. The Group Manager of Service International may extend the six
   month timeframe referred to in paragraph (a)(iii) in relation to a class
   of applicants if the Group Manager believes the special
   circumstances of the class of applicants justify such an extension.

S1.40.10 Registration process for principal applicants*
a. Principal applicants* may register for entry into the relevant Tonga,
   Tuvalu, Kiribati, or Fiji 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. Registrations must be made on the Registration Form for Pacific
   Access Category, available on the INZ website
   (http://www.immigration.govt.nz) or from branches of INZ.
c. Registrations must be submitted during the registration period to the
   appropriate receiving office specified on the Registration Form for
   Pacific Access Category.
d. A fee is payable for registration. Payment must be made in a manner
   specified on the Registration Form for Pacific Access Category.
e. Any applicants who have previously overstayed in New Zealand, but
   have departed voluntarily, and do not have a removal order in force
   in respect of them, can register under the Pacific Access Category.
   Any applicants included in a registration who are currently in New
   Zealand, must be in New Zealand lawfully at the time the registration
   is made, and when the ballot is run, and when they apply for
   residence.

S1.40.15 Inclusion in registration of immediate family members of the
         principal applicant*
a. Where the principal applicant* 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 residence 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 residence under the Partnership or
   Dependent Child policies of Family Category.
d. Nothing in (b) or (c) above means that a partner* or dependent child*
   who was included in the registration but not in the resulting
   application for residence may not subsequently be granted residence
   as a principal applicant* under those Family category policies.
115-18   Residence   Chapter 115



                         S1.40.20 Number of registrations that may be lodged
                         Applicants must lodge (or be included in) only one registration within the
                         registration period. If a registration is lodged that includes applicants
                         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. One month after the closure of the registration period, INZ will
                            conduct an electronic draw.
                         b. Registrations will be randomly drawn from the pool of registrations,
                            until the appropriate number of potential applicants to meet the
                            various quotas of available places within the annual period has been
                            met.
                         c. Principal applicants* 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 applicants* 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:
                             i     employment with a single employer in a job which is permanent,
                                   or indefinite, and of which the employer is in a position to meet
                                   the terms specified; or
                             ii employment 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
                                issue of the visa and/or grant of the permit; and
                             iii genuine; and
                                             Chapter 115 Residence 115-19


   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 S1.40.35 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 $28,888.08. This is based
   on the Unemployment Benefit (married and civil union rate) plus the
   maximum Accommodation Supplement (as set by the New Zealand
   Government).
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. 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 for applicants drawn from
   the 2005/2006 ballot who apply after 21 March 2006 is $24,793.00.
c. The gross minimum income requirement is $28,888.08 for all other
   applicants. This is based on the Unemployment Benefit (married and
   civil union rate) plus the maximum Accommodation Supplement (as
   set by the New Zealand Government).
d. The minimum income requirement must be derived from the
   acceptable offer of employment - see S1.40.30.
115-20   Residence   Chapter 115



                         S1.40.40 Minimum English language requirement
                         a. Immigration and visa 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.

                         S1.40.45 Evidence
                         a. Evidence of an offer of employment is original or certified copies of
                            the following documents:
                             i     a written offer of employment, and
                             ii a detailed job description, and
                             iii a letter from the employer stating whether or not any occupational
                                 registration is required by law for the principal applicant* to take
                                 up the position, and
                                      an employment agreement entered into by the employer and
                                      the principal applicant*, stating:
                                      the terms of employment, and
                                      the hours of work, and
                                      the period during which employment may begin.
                             Note: The employment agreement need not be supplied until after
                             approval in principle.
                         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.

                         S1.40.50 Determining applications
                         a. Immigration and visa 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 and visa officers must assess the applicant's English
                            language ability against the criteria at S1.40.40 above.
                                                       Chapter 115 Residence 115-21



          S1.40.55 Issue and grant of visas and permits
          a. If an application for residence under the Pacific Access Category is
             approved and the applicant is in New Zealand lawfully, a residence
             permit will be granted.
          b. If an application for residence under the Pacific Access Category is
             approved and the applicant is in Tonga, Kiribati, Tuvalu, or Fiji, the
             principal applicant* will be issued with a residence visa current for
             three months only, while the partner* and dependent children* will
             be issued with residence visas current for 12 months.

                                                                Effective 28/03/2006


S1.41 Residual Pacific Access Category Places Policy
          See S1.41 Effective 28/11/2005
          See S1.41 Effective 04/04/2005
          See S1.41 Effective 15/11/2004
          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
             residence 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 policy; and
             iii are lawfully in New Zealand at the time their application for
                 residence 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 S1.10.5); and
             v   are aged between 18 and 45 inclusive; and
             vi meet a minimum level of English language ability (see S1.10.15);
                and
             vii meet the minimum income requirement (see S1.10.10) if they
                 have dependants; and
             viii meet health and character requirements.
          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.
115-22   Residence   Chapter 115


                         f.   Partners* and dependent children* included in applications under the
                              Pacific Access Category must meet health requirements policy (see
                              A4).
                         g. Partners* and dependent children* included in applications under the
                            Pacific Access Category must meet character requirements (see A5).
                         h. Applications will only be accepted if sent to the designated receiving
                            office in New Zealand on the form Application for Residence in New
                            Zealand (NZIS 1000).
                         i.   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.
                         j.   Applicants who meet the criteria specified in (a) to (h) above will be
                              granted residence.
                         k. 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 27/02/2006
                                                                                      Chapter 116 Residence               116-1


CHAPTER 116

S2 Special directions policy

                         In This Chapter
                         S2.1 Requests for special directions................................................... 116-1
                         S2.5 Procedure ................................................................................... 116-1
                         S2.10 Requests from prohibited people ............................................. 116-2


              S2.1 Requests for special directions
                         Immigration Act 1987 ss 7(3)(a)(ii), 130
                         Immigration Regulations 1999 reg 3(7)

                         a. In the context of special directions policy, requests for special
                            directions are limited to people described by section 7(1) of the
                            Immigration Act 1987 (see A5.20 (b)) who are not eligible for a
                            residence permit (see RA30).
                         b. If there are sufficient grounds to consider granting residence to a
                            person not eligible for a permit (see A5.25, RA30), the processing
                            office may invite the applicant to request a special direction
                            authorising the issue of a residence visa or grant of a residence
                            permit.
                         c. An invitation may be made only in cases involving exceptional
                            circumstances, usually of a humanitarian nature, where, but for
                            section 7 of the Immigration Act 1987, the person concerned is
                            otherwise eligible for the grant of residence under government
                            residence policy.
                         d. Despite paragraph (b), if the NZIS receives a request without having
                            made an invitation, it may consider that request.
                         e. Neither the Minister of Immigration nor the NZIS is obliged to
                            consider any request for a special direction.

                                                                                                  Effective 26/07/1999


              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 or permit. If
                               an application for residence 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 the NZIS or accredited MFAT
                            post in their country of residence, or to the Appeals Branch if there is
                            no accredited post.
                         c. Applicants within New Zealand should make requests to a branch
                            office of the NZIS.
116-2   Residence    Chapter 116


                         d. If the request is granted, applicants should be advised that a special
                            direction will be made (and if necessary, a temporary permit granted
                            under section 35A to allow the residence application to be made)
                            once they pay the fee for a special direction.
                         e. Applications for residence may then be processed in the usual way,
                            once the appropriate application fee for the permit has been paid.
                         f.   If a request is refused, neither the Minister of Immigration nor the
                              NZIS is obliged to give reasons for any decision other than the fact
                              that under section 130(6)(b)(i) of the Immigration Act 1987 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) does not apply.

                                                                               Effective 26/07/1999


               S2.10 Requests from prohibited people
                         Requests for special directions in relation to people prohibited under
                         section 7(1) of the Immigration Act 1987 from being granted a residence
                         permit, are decided at various levels, depending on their category under
                         section 7(1).

                         S2.10.1 Requests from prohibited people
                         a. Unless the Minister of Immigration has decided a section 63 appeal
                            (pre-1991 jurisdiction) or has previously declined a request for a
                            special direction, the request should be referred to an officer with
                            schedule 1 delegations for a decision to approve or decline.
                         b. If the Minister decided the section 63 appeal, or previously declined a
                            special direction request, the request should be referred to the
                            Appeals Branch, which will then forward it to the Minister for
                            decision.

                         S2.10.5 People prohibited under section 7(1)(d)
                         a. The request should be referred to the Appeals Branch along with
                            supporting comment and a recommendation from the processing
                            officer.
                         b. The Appeals Branch will then forward the request to the Minister of
                            Immigration for decision.

                         S2.10.10 People prohibited under section 7(1)(a), (e), (f), (g), (h), and
                                  (i)
                         a. An officer with schedule 1 delegations may make a decision to
                            decline the request.
                         b. Possible approvals should be referred to the Appeals Branch, along
                            with supporting comment.
                         c. The Appeals Branch will then forward the request to the Minister of
                            Immigration for decision.
                                            Chapter 116 Residence    116-3



S2.10.15 People prohibited under section 7(1)(b)
a. An officer with schedule 1 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 permit requires the person making the request to be
   otherwise eligible for the grant of residence under Government
   Residence policy.

                                                    Effective 26/07/1999
                                                                                      Chapter 117 Residence                117-1


CHAPTER 117

S3 Refugee Policy

                       In This Chapter
                       S3.1 Objective .................................................................................... 117-1
                       S3.5 Categories of refugee ................................................................. 117-1
                       S3.10 Residence permits for refugees ................................................ 117-1
                       S3.15 Requirements for making an application for grant of
                       residence............................................................................................ 117-2
                       S3.20 Requirements for grant of residence ........................................ 117-3
                       S3.25 Temporary permits................................................................... 117-3
                       S3.30 Removal orders ........................................................................ 117-4
                       S3.35 Entry of overseas dependants of approved refugee
                       status claimants ................................................................................. 117-4
                       S3.40 Revoking residence.................................................................. 117-4


             S3.1 Objective
                       New Zealand's refugee policy:
                       a. reflects the Government's commitment to fulfilling its international
                          humanitarian obligations; and
                       b. contributes to the global community's efforts to assist refugees.

                                                                                                  Effective 26/07/1999


             S3.5 Categories of refugee
                       See S3.5 - Effective 26/07/1999
                       a. New Zealand provides assistance to two categories of refugee:
                            i     Mandate 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 Mandate
                          refugees under the Refugee Quota (currently 750 persons per year).

                                                                                                  Effective 01/10/1999


             S3.10 Residence permits for refugees
                       See S3.10 - Effective 26/07/1999
                       a. Mandate or "Quota" refugees may be granted residence permits on
                          arrival in New Zealand.
117-2   Residence    Chapter 117


                         b. Immigration officers may, at their discretion, grant residence permits
                            to "Convention" refugees (see C5.60.1).
                         c. All refugee claimants who are recognised as having refugee status
                            may apply for residence on the basis of that recognition.
                         d. Such applicants may include dependants in the application in
                            accordance with residence policy (see R2).

                                                                                Effective 01/10/1999


               S3.15 Requirements for making an application for grant of residence
                         See S3.15 Effective 01/10/1999
                         See S3.15 Effective 26/07/1999
                         a. Applications for residence that are based on the recognition of New
                            Zealand refugee status must be made in the prescribed manner (see
                            R2.40) and must include a copy of the letter confirming the grant of
                            refugee status.
                         b. Applications may be made at any New Zealand branch of the NZIS.
                         c. Appropriately delegated immigration officers should waive by
                            special direction:
                              i    the application fee for the principal applicant* and any partner*
                                   and/or dependant child(ren) recorded in the refugee 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 has been established (see C2.5.1), and/or
                              iii any other mandatory requirement for lodgement except the
                                  requirement to complete and submit an Application for Residence
                                  in New Zealand form together with two passport photographs of,
                                  and medical and X-ray certificates for, each person included in
                                  the application.
                         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). 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,
                              a statutory declaration confirming the duration and nature of the
                              partnership must be submitted.
                                                      Chapter 117 Residence    117-3


          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. The NZIS 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 29/09/2003


S3.20 Requirements for grant of residence
          See S3.20 Effective 01/10/1999
          See S3.20 Effective 26/07/1999
          a. To be granted residence, principal applicants* must satisfy
             immigration officers that:
             i   refugee status has been recognised, and
             ii they have established their identity and that of any partner and/or
                dependant child(ren), and
             iii the relationship between the principal applicant* and any partner
                 and/or dependant 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
                an appropriately delegated officer, who has applied the policy in
                A4.55 and A5.25.1, has waived them (see also C5.60.5), and
             v   they are not able to be removed or deported from New Zealand in
                 accordance with Article 32 or 33(2) of the Refugee Convention
                 (see C5.60.5)
          b. Refugees who have held limited purpose permits at any time are not
             eligible to apply for a residence permit and can only be granted a
             residence permit under section 35A of the Immigration Act 1987
             upon the expiry of their limited purpose permit.

                                                              Effective 29/09/2003


S3.25 Temporary permits
          a. Applicants for residence who have current temporary permits should
             ensure that their permits remain current while the application for
             residence is being processed (see E8.5.15).
          b. Immigration officers may grant further temporary permits to all
             persons included in the residence application for the time needed to
             complete processing of the application.
117-4   Residence    Chapter 117


                         c. If the temporary permit of the principal applicant or any dependant
                            included in the application has expired, then it may be appropriate to
                            consider granting a permit under section 35A of the Immigration Act
                            1987 (see E8.1).

                                                                              Effective 26/07/1999


               S3.30 Removal orders
                         Immigration Act 1987 ss 7(1)(c), 52A(1)

                         If any person included in the application has a removal order in force, an
                         appropriately designated immigration officer must cancel the removal
                         order before a residence permit is granted.

                                                                              Effective 26/07/1999


               S3.35 Entry of overseas dependants of approved refugee status
                         claimants
                         a. Once residence has been approved in principle for those included in
                            the refugee status claim, residence visas may be issued to them.
                         b. However, if circumstances in the overseas country warrant it,
                            temporary visas may be issued to such dependants before the
                            principal applicant's* residence in New Zealand is finalised.

                                                                              Effective 26/07/1999


               S3.40 Revoking residence
                         A residence permit granted as a result of refugee status may be revoked if
                         a person suffers loss of refugee status under C7.

                                                                              Effective 01/10/1999
                                                                              Chapter 118 Residence          118-1


CHAPTER 118

S4 Special residence policies

                         In This Chapter
                         S4.1 October 2000 Residence Policy ................................................. 118-1
                         S4.5 Residence policy for victims of domestic violence.................... 118-2
                         S4.10 Refugee Family Quota Category.............................................. 118-5
                         S4.15 Special Zimbabwe Residence Policy ..................................... 118-12  1273H




              S4.1 October 2000 Residence Policy
                         See S4.1 Effective 01/10/2000
                         a. People who have been granted a permit under WI5.35 October 2000
                            Transitional Policy may be granted a residence permit if they:
                             i    lodge an application for residence under this policy after the
                                  expiration of a period of 24 months from the date of first grant of
                                  a permit under WI5.35 October 2000 Transitional Policy and
                                  before that permit expires, and
                             ii meet the character requirements for applicants for residence under
                                Government residence policy (see R4.5), and
                             iii have not have spent a total of more than 90 days outside New
                                 Zealand since the first grant of a permit under WI5.35 October
                                 2000 Transitional Policy, and
                             iv have not at any time sought in New Zealand to be recognised as a
                                refugee in New Zealand under the Refugee Convention.
                         b. Applicants for residence under this policy are exempt from the
                            requirement to pay the Settlement information fee (see R5.85) and
                            the Migrant levy (see R5.90).

                         S4.1.5 Lodgment of combined applications
                         For administrative purposes, people who were granted a temporary
                         permit on the basis that they met the criteria for approval under WI5.35
                         (c) of the October 2000 Transitional Policy, may be included in the
                         residence application of their spouse, de facto partner or parent who was
                         granted a temporary permit on the basis that they met the criteria for
                         approval under WI5.35 (b), without the need to pay a separate fee.

                         S4.1.10 Lodgment requirements
                         Immigration (Special Regularisation) Regulations 2000

                         a. Applications must be lodged in the manner prescribed by the
                            Immigration (Special Regularisation) Regulations 2000, which set
                            out the mandatory requirements for lodging an application under S4.1
                            October 2000 Residence Policy.
118-2   Residence    Chapter 118


                         b. The mandatory requirements for lodging an application under S4.1
                            October 2000 Residence Policy are as follows:
                              i    completion of the approved application form, and
                              ii the applicant’s valid passport or certificate of identity, and
                              iii the appropriate fee (if any), and
                              iv two passport-sized photographs of the applicant, and
                              v    any information and evidence required by the approved
                                   application form which shows that the applicant fits the October
                                   2000 Residence Policy, and
                              vi any information evidence or submissions that the applicant
                                 considers show fully that they are eligible to be granted a
                                 residence permit under the October 2000 Residence Policy.

                         S4.1.10.1 Additional requirements
                         Before determining the application, an immigration officer processing an
                         application under the October 2000 Residence Policy 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.

                                                                                Effective 29/04/2002


               S4.5 Residence policy for victims of domestic violence
                         See S4.5 Effective 09/12/2002
                         See S4.5 Effective 29/04/2002
                         See S4.5 Effective 01/10/2001

                         People in New Zealand:
                         a.
                              i    who are holding a work permit granted under WI5.30 Special
                                   work permits for victims of domestic violence, or
                              ii who are, or have been, married to a New Zealand citizen or
                                 resident, or
                              iii who have been living together in an established relationship with
                                  a New Zealand citizen or resident, and
                         b. had intended to seek residence in New Zealand on the basis of that
                            marriage or relationship, and
                         c. that marriage or relationship has ended due to domestic violence by
                            the New Zealand citizen or resident, and
                                             Chapter 118 Residence       118-3


d. has been, or would be, if they returned to their home country,
   disowned by their family and community as a result of their marriage
   to or relationship with the New Zealand citizen or resident which has
   ended, and
e. if they returned to their home country, would have no means of
   independent support (e.g.state financial support) or ability to gain that
   independent support (e.g through employment or marriage) for
   whatever reason, and
f.   meet health and character requirements policy (see A4 and A5);
     may be granted a residence permit.

Note: Applicants for residence under this policy are exempt from the
requirement to pay the Settlement information fee (see R5.85).


S4.5.1 Evidence of domestic violence
Evidence of domestic violence means:
a.
     i   a relevant New Zealand conviction of the New Zealand citizen or
         resident partner* or intended partner* of a domestic violence
         offence against the principal applicant* or a dependent child* of
         the principal applicant; or
     ii 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; and
b. referral to the New Zealand Immigration Service by a Child, Youth
   and Family approved Refuge Organisation.
     Note: For the purpose of this policy, 'domestic violence' has the
     meaning set out in s.3 of the Domestic Violence Act 1995.

S4.5.5 Evidence of marriage
Applicants who are married to a New Zealand citizen or resident must
provide the original or certified copy of their marriage certificate.

S4.5.10 Evidence that the principal applicant* has been in an
         established relationship with a New Zealand citizen or
         resident
Evidence that the principal applicant* has been in an established
relationship with a New Zealand citizen or resident may include, but is
not limited to, original or certified copies of documents showing:
     correspondence (including postmarked envelopes) addressed to both
     principal applicant* and the New Zealand citizen or resident;
     evidence of communication between the couple;
     photographs of the couple together;
118-4   Residence   Chapter 118


                            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.

                        S4.5.15 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 they:
                            i     have been, or would be, if they returned to their home country,
                                  disowned by their family and community as a result of their
                                  marriage to or relationship with the New Zealand citizen or
                                  resident which has ended, and
                            ii if they returned to their home country, would have no means of
                               independent support (e.g. state financial support) or ability to gain
                               that independent support (e.g. through employment or marriage)
                               for whatever reason.
                        b. The NZIS may refer to any relevant information when determining
                           the ability of the applicant 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
                                                      Chapter 118 Residence     118-5


            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 policy.
         b. Applications under this policy will be given priority processing.

                                                               Effective 29/09/2003


S4.10 Refugee Family Quota Category
         See S4.10 Effective 28/06/2004
         See S4.10 Effective 01/04/2004
         See S4.10 Effective 29/09/2003
         See S4.10 Effective 08/09/2003
         See S4.10 Effective 01/07/2002

         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 Quota category is to facilitate the
         successful resettlement of refugees resident in New Zealand by providing
         them with an opportunity to sponsor family members, who with the
         exception of Family Quota category, do not qualify for residence under
         any other category of Government residence policy.

         S4.10.5 How do people qualify for residence under Refugee Family
                  Quota category policy?
         A principal applicant* who is a sponsor’s parent, grandparent,
         grandchild, adult child, sibling, uncle, aunt, nephew or niece, and their
         partner* and dependent children*, qualify for residence under the
         Refugee Family Quota category policy if:
         a. their sponsor's registration (see S4.10.10) is selected or drawn from
            the Refugee Family Quota pool (see S4.10.10.15); and
         b. they are not eligible for residence in New Zealand under any other
            category of Government residence policy with the exception of
            Family Quota category; and
         c. they meet health and character requirements (see R4); and
         d. their application is made* within six months of the NZIS's advice to
            their sponsor that the sponsor's registration has been selected from
            the Refugee Family Quota pool.
118-6   Residence   Chapter 118


                        e. In each case they must be sponsored by their adult child*, adult
                           grandchild*, adult sibling*, adult nephew*, adult niece*, adult aunt*,
                           adult uncle*, parent or grandparent who:
                             i    was granted residence in New Zealand on the basis of their status
                                  as a refugee*, and
                             ii has not sponsored any other principal applicant* who has
                                obtained residence in New Zealand under the Refugee Family
                                Quota category, and
                             iii is in New Zealand, and
                             iv is a New Zealand citizen or the holder of a current residence
                                permit that is not subject to requirements under s18A of the
                                Immigration Act 1987, and
                             v    has been a New Zealand citizen and/or the holder of a residence
                                  permit or a returning resident's visa for at least three years
                                  immediately preceding the date the Registration Form for
                                  Refugee Family Quota 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.
                             Note: Registrations from priority sponsors* (see S4.10.15.5) will be
                             given precedence for selection.

                        S4.10.10 Registration process for sponsors
                        a. New Zealand citizens and residents who meet the requirements for
                           sponsors set out at S4.10.5 (e) above, may register with the NZIS to
                           sponsor their parent, grandparent, grandchild, uncle, aunt, nephew,
                           niece, adult sibling or adult child*, and that person’s partner* and/or
                           dependent children for residence under the Refugee Family Quota
                           category.
                        b. The registration period will be from 1 October until 31 October each
                           year.
                        c. All registrations that are received by the NZIS before 5.00pm on the
                           last day of the registration period from sponsors who meet the
                           sponsorship requirements set out at S4.10.5 (e) above will be entered
                           into the Refugee Family Quota pool, unless those registrations are not
                           accepted (see S4.10.10.5). Registrations will be considered to meet
                           the deadline if the envelope containing the registration is post-marked
                           no later than 31 October.
                        d. Registrations must be made on the Registration Form for Refugee
                           Family Quota Sponsor, available on the NZIS website
                           (http://www.immigration.govt.nz) or from onshore branches of the
                           NZIS. The Registration Form for Refugee Family Quota Sponsor
                           must include the undertakings set out at S4.10.30.
                        e. Registrations must be submitted during the registration period by
                           mail to the address specified on the Registration Form for Refugee
                           Family Quota Sponsor.
                        f.   A fee is payable for registration.
                                             Chapter 118 Residence      118-7



S4.10.10.1 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.
b. If a registration is selected, only the partner* and/or dependent
   children* included in the registration may be included in the resulting
   application for residence under the Refugee Family Quota 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 residence under the Partnership or
   Dependent child policies of Family category.
d. Nothing in (b) or (c) above means that a partner* or dependent child*
   who was included in the registration but not in the resulting
   application for residence may not subsequently be granted residence
   as a principal applicant under those Family category policies.

S4.10.10.5 Number of registrations that may be submitted
a. Sponsors must lodge only one registration within the registration
   period. Each registration must be in respect of one potential principal
   applicant and that person’s partner* and/or dependent children. If a
   single registration form includes more than one potential principal
   applicant, that registration form will not be accepted. If a single
   sponsor lodges more than one registration, the second and subsequent
   registration forms will not be accepted.
b. Each potential applicant can be included in only one registration. If a
   potential applicant is included in two or more registrations within one
   registration period, the second and subsequent registration forms will
   not be accepted.
c. A registration under the Refugee Family Quota category will not be
   accepted if any of the potential applicants included in that registration
   have a residence application under any other category of Government
   residence policy under consideration by the NZIS at the date the
   registration under Refugee Family Quota category is lodged.
d. A registration under the Refugee Family Quota category will not be
   accepted if, at the time the registration is lodged, any of the potential
   applicants included in the registration are unlawfully in New Zealand
   or subject to s.129U of the Immigration Act 1987 (concerning
   refugee status claimants).
   Notes:
   ~ Potential applicants should also be aware that they must be
   lawfully in New Zealand and not subject to s129U of the Immigration
   Act 1987 in order to lodge an application under the Refugee Family
   Quota category following a successful pool draw.
   ~ 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.
118-8   Residence   Chapter 118



                        S4.10.10.10 Number of places available under the Refugee Family
                                 Quota category
                        a. The number of places available for sponsored persons under the
                           Refugee Family Quota category (including any family members
                           included in their registration) is set at 300 per year.
                        b. For the purposes of this policy, a year consists of the 12 month period
                           from 1 July to 30 June.

                        S4.10.10.15 Selection process following closure of registration
                        a. Registrations from priority sponsors* will be given precedence for
                           selection.
                        b. During the month after the closure of the registration period, NZIS
                           will conduct an assessment of registrations to identify those from
                           priority sponsors. Registrations will be selected according to the
                           following process:
                            i     If the number of potential applicants included in registrations
                                  from priority sponsors* exactly meets the quota of available
                                  places within the annual period, then all registrations from
                                  priority sponsors will be selected, and no draw will be held.
                            ii If the number of potential applicants included in registrations
                               from priority sponsors* exceeds the quota of available places
                               within the annual period, then NZIS will select registrations by
                               conducting an electronic draw from a pool of registrations from
                               priority sponsors* alone.
                            iii If the number of potential applicants included in registrations
                                from priority sponsors* is less than the quota of available places
                                within the annual period then all registrations from priority
                                sponsors will be selected. The NZIS will then conduct an
                                electronic draw from a pool of all other registrations to fill the
                                remainder of places available that year.
                        c. Where it is necessary to conduct an electronic draw, registrations will
                           be randomly drawn from a pool of registrations as described in either
                           (b) ii. or (b) iii. above depending on which situation applies, until the
                           appropriate number of potential applicants to meet the quota of
                           available places within the annual period has been met.
                        d. Sponsors whose registrations have been:
                            i     selected on the basis of being from a priority sponsor in the
                                  circumstances described in (b) i. above, or
                            ii drawn from a pool in the circumstances described in either (b) ii.
                               or (b) iii. above,
                            will be notified by NZIS in the month following the selection or draw
                            that their registration has been successful and that they must advise
                            the potential applicants whom they are sponsoring to lodge a full
                            application under the Refugee Family Quota category to the
                            appropriate receiving office of the NZIS not more than six months
                            after the date of the NZIS advice to the sponsor. Any applications
                            received outside that time limit will not be accepted.
                                               Chapter 118 Residence     118-9


e. Sponsors whose registration is not selected or drawn within a
   particular annual period are able to register within subsequent
   registration periods.
f.   If insufficient registrations are lodged within a registration period to
     fill the number of places available under the Refugee Family Quota
     category, all valid registrations lodged within the registration period
     will be selected. The registration period may be re-opened, and the
     remaining available places filled according to the process in
     S4.10.10.15.

S4.10.15 Definitions

S4.10.15.1 Definition of 'refugee'
For the purpose of Refugee Family Quota category policy, 'refugee'
means a person who was granted residence in New Zealand under
Government residence policy by virtue of being either:
a. a Mandate or "Quota" refugee (people determined to be refugees by
   the United Nations High Commissioner for Refugees (UNHCR))
   before arrival in New Zealand); or
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 C5.60).

S4.10.15.5 Definition of 'priority sponsors'
a. For the purpose of Refugee Family Quota category policy, 'priority
   sponsors’ means those sponsors who:
     i   have no immediate family* (see (b) below) living lawfully and
         permanently in New Zealand; and
     ii have no other family member who is eligible for residence in
        New Zealand under any other category of Government residence
        policy, with the exception of the Family Quota category.
b. Immediate family* for the purposes of this policy means partner,
   parents, and children (excluding children who are dependent in terms
   of R2.1.30).

S4.10.15.10 Definition of 'adult child'
 In the context of a residence application under Refugee Family Quota
category policy, 'adult child' means a child of 17 or older, unless they are
dependent (see R2.1.30).

S4.10.15.15 Definition of 'adult child' for sponsorship purposes and
        'adult grandchild' for sponsorship purposes
a. For sponsorship purposes, 'adult child' and 'adult grandchild' mean a
   child or grandchild of 17 or older.
118-10   Residence   Chapter 118


                         b. However, children or grandchildren aged 17 to 24 must only be
                            considered as 'adult children’ for sponsorship purposes or 'adult
                            grandchildren’ for sponsorship purposes if they can satisfy a visa or
                            immigration officer that they are able to meet the undertakings given
                            in the sponsorship form.

                         S4.10.15.20 Definition of 'adult sibling' for sponsorship purposes
                         a. For sponsorship purposes, ‘adult sibling’ means a sibling aged 17 or
                            older.
                         b. However, siblings aged 17 to 24 must only be considered as 'adult
                            siblings’ for sponsorship purposes if they can satisfy a visa or
                            immigration officer that they are able to meet the undertakings given
                            on the sponsorship form.

                         S4.10.15.25 Definition of 'adult nephew' for sponsorship purposes
                                  and 'adult niece' for sponsorship purposes
                         a. For sponsorship purposes, 'adult nephew' and 'adult niece' mean a
                            nephew or niece of 17 or older.
                         b. However, nephews or nieces aged 17 to 24 must only be considered
                            as 'adult nephew’ for sponsorship purposes or 'adult niece’ for
                            sponsorship purposes if they can satisfy a visa or immigration officer
                            that they are able to meet the undertakings given in the sponsorship
                            form.

                         S4.10.15.30 Definition of 'adult aunt' for sponsorship purposes and
                                  'adult uncle' for sponsorship purposes
                         a. For sponsorship purposes, 'adult aunt' and 'adult uncle' mean an aunt
                            or uncle of 17 or older.
                         b. However, aunts or uncles aged 17 to 24 must only be considered as
                            'adult aunt’ for sponsorship purposes or 'adult uncle’ for sponsorship
                            purposes if they can satisfy a visa or immigration officer that they are
                            able to meet the undertakings given in the sponsorship form.

                         S4.10.20 Evidence
                         Immigration Act 1987 s 13B(3)(e)
                         Immigration Regulations 1999 regs 4(1)(e) and (h), 4(2)(a) and (b), 10(1)(e) and (i),
                         10(2)(a) and (b)

                         The items listed in S4.10.20.1 to S4.10.20.15 below are examples of
                         relevant evidence: other documents may also be relevant.

                         S4.10.20.1 Evidence of identity of applicant(s)
                         a. For the purposes of the registration process, the NZIS may accept the
                            statutory declaration made by the sponsor on the Registration Form
                            for Refugee Family Quota Sponsor that the details they have provided
                            of the person(s) being sponsored is true and correct as being
                            sufficient evidence of identity.
                                              Chapter 118 Residence 118-11


b. Other evidence of identity may also be sought by the NZIS during the
   registration process.

S4.10.20.5 Evidence of immigration status of sponsors
When lodging a registration under the Refugee Family Quota category,
sponsors must provide evidence of their immigration status as follows:
a. 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.
b. Evidence that sponsors are New Zealand residents* may include but
   is not limited to original or certified copies of:
   i    a current* New Zealand residence permit or returning resident's
        visa in their passport or travel document.

S4.10.20.10 Evidence of time spent in New Zealand as a citizen and/or
         holder of a residence permit
a. When determining the amount of time spent in New Zealand, NZIS
   may refer to NZIS 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 the NZIS.
c. When lodging a registration under the Refugee Family Quota
   category 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 permit.
   Note: Periods during which a residence permit has been held are
   calculated inclusive of both arrival and departure dates.

S4.10.20.15 Evidence of relationship to sponsor
a. When lodging their application for residence under the Refugee
   Family Quota category, 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
118-12   Residence    Chapter 118


                                    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
                                    any 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, visa or immigration officers may:
                              i     specify another type of evidence to be submitted, such as a
                                    statutory declaration, and/or
                              ii interview the principal applicant*, those included in the
                                 application, or other parties involved in the application to verify
                                 identity and/or the relationship claimed by the applicant(s), and/or
                              iii have the requirements waived by an appropriately delegated
                                  immigration officer if due to the circumstances of the applicant(s)
                                  this is considered appropriate.

                          S4.10.25 Verification of family details
                          Visa and 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).

                          S4.10.30 Undertakings of sponsors
                          A sponsor must undertake:
                          a. to ensure that adequate accommodation in New Zealand is and
                             continues to be available for their relatives; and
                          b. to provide accommodation during the first 24 months of their
                             relatives' residence in New Zealand if necessary.

                                                                                 Effective 04/07/2005


                S4.15 Special Zimbabwe Residence Policy
                          The Special Zimbabwe Residence Policy allows Zimbabwe nationals
                          who arrived in New Zealand on or before 23 September 2004, and who
                          do not meet the requirements for approval under any other category of
                          Government residence policy, to be granted residence in New Zealand.

                          S4.15.1 Criteria for residence
                          a. To qualify under the Special Zimbabwe Residence Policy, the
                             principal applicant* must:
                                             Chapter 118 Residence 118-13


   i   have arrived in New Zealand on or before 23 September 2004 on
       a Zimbabwean passport; and
   ii be currently lawfully in New Zealand; and
   iii have not spent more than 90 days in total outside New Zealand
       since 1 April 2000; and
   iv lodge* an application in the prescribed manner (R2.35); and
   v   meet the health and character requirements for applicants for
       residence under Government residence policy (R4); and
   vi not be a prohibited person by virtue of being listed in Appendix 7
      of the Operational Manual – List of persons closely associated
      with Robert Mugabe, President of Zimbabwe, and the Zimbabwe
      government; and
   vii not be a citizen of, nor have the right to be a citizen of, any
       country other than Zimbabwe; and
   viii not meet the requirements for approval under any other category
        of residence.
b. Spouse/Partner* or dependent children* accepted under the Special
   Zimbabwe Residence Policy must meet health and character
   requirements (R4).
c. Applicants for residence under this policy are required to pay the
   Migrant Levy (see R5.90).

S4.15.5 Additional requirements
Before determining the application, an immigration officer processing an
application under the Special Zimbabwe Residence Policy may require
the applicant to:
a. appear before an immigration officer for an interview, and/or
b. provide evidence that the applicant is not eligible to be issued with a
   passport from any country other than Zimbabwe, and/or
c. produce any other photographs, documents, evidence and information
   the officer thinks necessary to help in determining the application.

                                                      Effective 04/07/2005
                                                                      Residence




Humanitarian Category
             The policy contained in this section ceases to be effective as from
             01/10/2001.
Index
                                                 BC6 Funds for maintenance and
A                                                 accommodation • 28-1
Adoptions • 12-1                                 BC6.1 Evidence of funds for maintenance and
                                                  accommodation • 25-1, 28-1
B                                                BC7 Evidence of meeting English language
BA Business Immigration Policy • 18-1             requirements • 29-1
BA1 Objective • 19-1                             BC8 Business immigration specialist's
BA2 Categories • 20-1, 20-2                       discretion • 30-1
BA2.1 Residence categories • 20-1                BC9 Validity of work visas and permits and...
BA2.10 Requirement for business category          • 31-1
 applicants to participate in an evaluation      BC9.1 Evidence of reasonable steps taken to
 process • 20-2                                   establish and operate a business • 31-1
BA2.5 Temporary entry category • 20-2            BC9.5 Conditions specified on visas and/or
BA3 Streamlining • 21-1                           permits • 31-2
BB Investor Category (Residence)(to              BD Entrepreneur Category (Residence) • 20-1,
 13/06/2005) • 22-1, 54-1, 55-1, 56-1, 57-1,      32-5
 57-2, 57-3, 58-1, 58-2, 59-1, 60-1, 60-2, 61-   BD1 Objective • 33-1
 1, 61-2, 61-3, 61-4, 62-1, 62-2, 63-1, 63-2,    BD2 Summary of requirements • 34-1
 63-3, 64-1, 64-2, 65-1, 65-2, 65-3, 65-4, 66-   BD2.1 Successful establishment of a business
 1, 66-2, 66-4, 67-1                              in New Zealand that is benefiting the
BC Long Term Business Visa/Permit Category        country • 34-1
 • 20-2, 22-3                                    BD2.15 Payment of Migrant Levy • 34-1
BC1 Objective • 23-1                             BD2.5 English language requirements • 34-1
BC10 Changing a business proposal • 32-1         BD3 Successful establishment of a business in
BC10.1 Process for accepting or refusing a        New Zealand • 35-1
 change to a business proposal • 32-1, 32-2      BD3.1 Criteria for successfully establishing a
BC10.10 Process for renewals • 32-2               business in New Zealand • 35-1, 35-2
BC10.5 Renewal of work permits and visas         BD3.10 Criteria for a business benefiting New
 beyond 3 years • 32-2                            Zealand • 35-1
BC2 Special category of work visa/permit •       BD3.15 Residence visas/permits for
 24-1                                             entrepreneurs • 35-2
BC2.1 Definition of self-employment • 24-1       BD3.20 Evidential requirements for
BC2.5 Applicants must not seek welfare            entrepreneurs • 35-2
 assistance • 24-1                               BD3.25 Verification • 35-3
BC3 Summary of requirements • 25-1               BD3.5 Definitions • 35-1
BC4 Business plan • 26-1                         BE Employees of Relocating Businesses
BC4.1 Definition of a business plan • 26-1        Category (Residence) • 20-1, 35-1
BC4.10 Assessment of a business plan • 26-2      BE1 Objective • 36-1
BC4.15 Criteria for a business benefiting New    BE2 Summary of requirements • 37-1
 Zealand • 26-2                                  BE2.1 Employee of a relocating business • 37-
BC4.20 Verification of a business plan • 26-2     1
BC4.5 Requirements for a business plan • 25-     BE2.10 Compliance with employment and
 1, 26-1, 32-1                                    immigration law • 37-2
BC5 Principal applicant's* genuine interest in   BE2.15 English language requirements • 37-2
 establishing a business in New Zealand • 27-    BE2.20 Payment of Migrant Levy • 37-2
 1                                               BE2.5 Ineligibility for approval under any
                                                  other category • 37-1
2      Index


BE3 Evidential requirements • 38-1               BF4 Transitional provisions for Entrepreneur
BE3.1 Evidence concerning the relocating           applicants who... • 43-1, 46-1
 business • 37-1, 38-1                           BF4.1 Partners* and dependent children* • 46-
BE3.10 Evidence of ineligibility for approval      2
 under any other category • 38-2                 BG Migrant levy • 47-1
BE3.5 Evidence concerning the employee's         BH Entrepreneur Category (post 20/11/2002) •
 role in the relocating business • 38-2            20-1, 32-5, 47-1
BE4 Process • 39-1                               BH1 Objective • 48-1
BE5 General rules for approval in principle      BH2 Summary of requirements • 49-1
 and... • 40-1                                   BH2.1 Successful establishment of a business
BE5.1 Time frame for a business relocation to      that is benefiting New Zealand • 49-1
 New Zealand • 40-1                              BH2.10 English language requirements • 49-1
BE5.10 Interim temporary visa/permit to          BH2.15 Health and Character requirement •
 arrange business relocation • 40-2                49-2
BE5.5 Failure of a business to relocate to New   BH2.20 Payment of Migrant Levy • 49-2
 Zealand • 40-2                                  BH2.5 Compliance with employment and
BE6 Residence visas/permits • 41-1                 immigration law • 49-1
BE6.1 Residence visas and/or permits subject     BH3 Relationship to Long Term Business
 to requirements • 41-1                            Visa/Permit category • 50-1
BE6.5 Endorsement of permit when                 BH3.1 Business established while the... • 50-1
 requirements are met • 41-2                     BH3.10 Direct applications under Entrepreneur
BE7 After the two-year employment period           category • 50-2
 has expired • 42-1                              BH3.5 Consistency with business proposal
BE7.1 Compliance with requirements • 42-1          under the Long Term Business Visa/Permit
BE7.5 Non-compliance with requirements •           category • 50-1
 42-1                                            BH4 Successful establishment of a business in
BF English language requirements • 20-1, 25-       New Zealand • 51-1
 1, 40-1, 42-3, 54-1                             BH4.1 Criteria for successfully establishing a
BF1 Principal applicants* • 43-1                   business in New Zealand • 51-1
BF1.1 Partners and dependent children • 37-2,    BH4.10 Criteria for a business benefiting New
 43-1, 49-1, 59-2                                  Zealand • 51-1
BF2 Minimum standards of English • 29-1, 37-     BH4.5 Definitions • 51-1
 2, 44-1, 49-1, 59-1                             BH5 Evidential requirements for entrepreneurs
BF2.1 Evidence of an English-speaking              • 52-1
 background • 44-2, 46-1                         BH5.1 Evidence that the principal applicant*
BF2.10 Employment in New Zealand • 44-3            has established a business in New Zealand •
BF2.15 Evidence of employment in New               52-1
 Zealand • 44-3                                  BH5.10 Evidence of compliance with relevant
BF2.5 Circumstances that may indicate a            employment and immigration law • 52-1
 person otherwise meets the minimum              BH5.5 Evidence that the business is benefiting
 standard of English • 44-3, 46-1                  New Zealand • 52-1
BF3 Pre-purchase of ESOL tuition • 45-1          BH6 Verification • 53-1
BF3.1 TEC to arrange ESOL tuition • 45-1         BH7 Approval in Principle • 54-1
BF3.10 Completion of Agreement • 45-2            BH7.1 General rules for approval in principle •
BF3.15 The amount of ESOL tuition to be pre-       54-1
 purchased by non-principal applicants • 45-     BH7.10 Residence Visas • 54-1
 1, 45-2                                         BH7.5 Failure to meet approval in principle
BF3.20 Failure to pre-purchase ESOL tuition •      requirements • 54-1
 45-3                                            BI Investor Category • 20-1, 54-1
BF3.25 Limited period to use ESOL tuition •      BI1 Objective • 55-1
 45-3                                            BI10 Residence visas/permits • 64-1
BF3.30 Refunds of ESOL tuition money • 45-3      BI10.1 Issue of residence visas/permits • 64-1
BF3.5 Applicant's agreement with TEC • 45-2      BI10.10 Residence visas/permits subject to
                                                   requirements under... • 56-2, 58-2, 64-1
BI10.15 Meeting the requirements • 56-2, 64-2     BI5.10 Health and character requirements • 59-
BI10.5 Currency of residence visas • 64-1           1
BI11 Funds withdrawal for investment in an        BI5.15 English language requirements • 57-2,
  acceptable business proposal • 56-2, 61-4,        59-1
  65-1, 66-1                                      BI5.5 Evidence of age • 59-1
BI11.1 General rules for an acceptable            BI6 Business experience • 57-1, 57-2, 60-1
  business proposal • 65-1                        BI6.1 Basic rules for business experience* •
BI11.10 Assessment of a business plan* • 65-2       60-1
BI11.15 Criteria for a business benefiting New    BI6.10 Evidence of business experience • 60-2
  Zealand • 65-1, 65-3                            BI6.5 Business Definitions • 60-1
BI11.20 Principal applicant's* genuine interest   BI7 Funds and assets • 57-1, 57-2, 58-2, 61-1,
  in establishing a business in New Zealand •       64-2, 66-1
  65-3                                            BI7.1 Aim and intent • 61-1
BI11.25 Process for accepting or refusing a       BI7.10 Ownership of nominated funds and/or
  business proposal • 65-3                          assets • 11-3, 61-1
BI11.30 Changing a business proposal • 65-4       BI7.15 Evidence of the principal applicant's*
BI11.35 Process for accepting or refusing a         nominated funds and assets • 61-2, 63-2
  change to a business proposal • 65-4            BI7.20 Retention of funds by the New Zealand
BI11.5 Requirements for submitting a business       Government • 61-3
  plan* • 65-1, 65-2                              BI7.25 Withdrawal of funds • 61-4
BI12 Section 18A requirements • 66-1              BI7.5 Investment funds • 61-1
BI12.1 Evidence that section 18A                  BI8 Settlement and contribution • 62-1
  requirements have been met • 66-1               BI8.1 Aim and intent • 62-1
BI12.10 Evidence that New Zealand is              BI8.10 Intention to make New Zealand your
  principle applicants* main home • 62-2, 64-       main home • 62-1, 64-2
  2, 66-2                                         BI8.15 Sufficient maintenance funds • 62-2
BI12.15 Compliance with Section 18A               BI8.5 Settlement and contribution
  requirements • 66-4                               requirements • 62-1
BI12.20 Non-compliance with requirements •        BI9 Approval in principle and transfer of funds
  66-4                                              • 56-1, 58-2, 61-1, 63-1
BI12.5 Retention of acceptable investment* •      BI9.1 Approval in principle • 63-1
  66-1                                            BI9.10 Timeframe for transferring investment
BI13 Tax obligations • 67-1                         funds to New Zealand • 63-2
BI2 Overview • 56-1, 64-1, 64-2, 105-6            BI9.15 Evidence of the transfer of the
BI3 Expression of Interest and Invitation to        nominated funds to... • 63-2, 63-3
  Apply policy • 57-1, 63-3                       BI9.20 Evidence of the principal applicant's*
BI3.1 Expressing interest in being invited to       New Zealand bank account • 63-2
  apply under the Investor Category • 57-1        BI9.25 'Placement of Advance with
BI3.10 Invitation to Apply for residence under      Government in New Zealand' contract • 63-3
  the Investor Category • 57-2                    BI9.30 Transfer of investment funds to the
BI3.15 Implications of providing false or           New Zealand Government account • 63-3,
  misleading information • 57-3                     64-1
BI3.5 Submission of Expressions of Interest •     BI9.5 Transfer of the nominated investment
  57-2                                              funds to the New Zealand bank account • 61-
BI4 Summary of Requirements - Application           2, 63-1, 63-3, 64-1
  Policy • 56-1, 58-1                             Business • 18-1
BI4.1 Ability to apply • 58-1
BI4.10 Residence visa/permits subject to
                                                  D
  requirements • 58-2                             Definitions • 35-1
BI4.15 Migrant levy • 58-2                        Determining an application • 14-1
BI4.5 Approval of applications under the
  Investor Category • 58-1                        E
BI5 Personal requirements • 57-1, 57-2, 59-1      Evidential requirements • 38-1
BI5.1 General rules for age • 59-1
4       Index


                                                    F6.5 Definitions • 73-2
F                                                   F7 Inter-country adoption • 74-1
F1 Objective • 68-1, 69-1                           F7.1 Guidelines for inter-country adoptions •
F2 Partnership policy • 69-1                          74-1
F2.1 Objective • 69-1                               F7.10 Pre-adoption information • 74-2
F2.10 Definitions • 11-2, 69-2, 69-6, 69-7, 91-     F7.5 Citizenship procedure • 74-1
  1, 98-1, 98-2                                     Family Category • 67-1
F2.15 Minimum requirements for the                  Family Quota Category • 74-1
  recognition of partnerships • 11-2, 11-3, 69-     FQ1 Objective • 75-1
  2, 69-4, 69-7                                     FQ2 How do people qualify for residence
F2.20 Evidence • 69-6                                 under Family Quota category policy? • 76-1,
F2.25 Verification • 69-9                             77-1
F2.30 Determining if the couple is living           FQ3 Registration process for Family Quota
  together in... • 69-10                              Sponsors • 77-1
F2.35 Deferring the final decision* if... • 69-11   FQ3.1 Inclusion in registration of immediate
F2.40 General rules • 69-11                           family members of... • 77-2
F2.5 How do partners of New Zealand citizens        FQ3.10 Number of places available under the
  and... • 69-1                                       Family Quota category • 77-3
F3 De facto partner policy • 70-1                   FQ3.15 Selection process following closure of
F4 Parent policy • 71-1                               registration • 77-3
F4.1 How do parents qualify for residence? •        FQ3.5 Disqualification of registrations • 77-1,
  71-1, 71-9                                          77-2
F4.10 Evidence • 71-5                               FQ4 Definitions • 78-1
F4.15 Verification of family details • 71-9         FQ4.1 Definition of 'adult child' • 78-1
F4.20 Deferring the final decision* • 71-9          FQ4.10 Definition of 'adult sibling for
F4.25 Undertakings of sponsors • 71-9                 sponsorship purposes' • 78-1
F4.5 Definitions • 71-3, 73-2                       FQ4.5 Definition of 'adult child for
F5 Dependent child policy • 12-2, 72-1                sponsorship purposes' and 'adult grandchild
F5.1 How do dependent children qualify for            ... • 78-1
  residence? • 11-5, 72-1, 98-2                     FQ5 Evidence • 79-1
F5.10 Evidence • 72-3                               FQ5.1 Evidence of identity of applicant(s) •
F5.15 Verification of family details • 72-5           79-1
F5.20 Dependent children under 16 whose             FQ5.10 Evidence of time spent in New
  parents are separated or divorced • 72-6            Zealand as a citizen and/or... • 79-2
F5.25 Dependent children under 16 with only         FQ5.15 Evidence of relationship to sponsor •
  one parent holding... • 72-6                        79-1, 79-2
F5.30 Application of English language policy •      FQ5.5 Evidence of immigration status of
  72-7                                                sponsors • 79-1
F5.35 Application under Dependent child             FQ6 Verification of family details • 80-1
  policy • 72-8                                     FQ7 Undertakings of sponsors • 77-1, 81-1
F5.40 Residence permits with requirements •
                                                    G
  72-8
F5.5 Definitions • 72-3                             Generic Residence • 0-1
F6 Sibling and adult child policy • 73-1
F6.1 How do siblings and adult children
                                                    H
  qualify for residence? • 11-3, 73-1               Health and character requirements • 13-1
F6.10 Evidence • 73-5                               Humanitarian Category • 118-1
F6.15 Verification • 73-8
F6.20 Confirmation of offer of employment •         L
  73-3, 73-7, 73-8                                  Lodging an application • 11-1
F6.25 Deferring the final decision* • 73-8
F6.30 Undertakings of sponsors • 73-9               R
F6.35 Application of English language policy •      R Government Residence Policy • 9-1
  73-9                                              R1 Objective • 10-1
R2 Lodging an application • 11-1, 117-2          R5.50 Lapsing an application on the grounds
R2.1 Who may be included in an application •      that... • 14-8, 14-9
 11-1, 61-2, 62-2, 115-4, 115-17, 118-7, 118-    R5.55 Declining an application • 14-9
 9                                               R5.6 Age of applicant • 14-2
R2.10 Where to lodge* an application • 11-8      R5.60 Date of final decision • 14-10
R2.15 Processing of applications • 11-8          R5.65 Residence visas • 14-11
R2.20 Date an application is lodged • 11-9       R5.70 Residence permits • 14-12, 69-12
R2.25 Date an application is made • 11-9, 73-2   R5.75 Status of people applying for a
R2.30 Receipt of applications • 11-9              residence permit while in New Zealand • 14-
R2.35 How an application must be lodged* •        12
 11-9, 11-13, 115-1, 118-13                      R5.80 Referring residence decisions to the
R2.40 Mandatory requirements for lodging an       Minister • 14-13
 application for residence • 11-10               R5.85 Settlement information fee • 14-13, 20-
R2.45 Additional Requirements • 11-12, 115-1      1, 118-1, 118-3
R2.46 DNA testing for verifying claimed          R5.90 Migrant levy • 14-8, 14-14, 20-1, 58-2,
 relationships • 11-12                            64-1, 118-13
R2.5 Who may not be included in an               R6 New Zealand Immigration Programme •
 application • 11-8                               15-1
R2.50 Applications not lodged* in the            R6.1 New Zealand Immigration Programme •
 prescribed manner • 11-9, 11-13, 104-1           15-1
R2.55 How to submit documents • 11-13            R6.10 Points systems • 15-2, 115-2
R2.60 Payment of the fee • 11-14                 R6.5 Allocation of places within the New
R2.65 Lodging an Expression of Interest • 11-     Zealand Residence Programme • 15-1
 15                                              R7 Confirming a residence permit • 3-1, 16-1
R3 Adoptions • 11-1, 12-1, 71-5, 71-6, 72-2,     R7.1 When confirmation is required • 16-1,
 72-3, 73-5, 79-2, 98-2, 117-3, 118-12            16-2
R3.1 Definition of 'adoption' • 12-1             R7.10 Procedure for confirming residence
R3.5 Implications of adoptive relationships •     permits • 16-2
 11-6, 12-1                                      R7.15 Evidence required to confirm or
R4 Health and character requirements • 13-1,      reinstate residence status • 16-2
 20-1, 49-2, 76-1, 104-2, 115-1, 115-2, 115-     R7.5 Reinstatement of former holders of
 16, 118-5, 118-13                                residence permits • 16-2
R4.1 Health requirements • 13-1                  R8 Other applications • 17-1
R4.5 Character requirements • 13-2, 110-1,       R8.1 Holders of current returning residents'
 111-1, 112-1                                     visas • 17-1
R5 Determining an application • 14-1             R8.5 Holders of current Australian resident
R5.1 Applications determined by NZIS              return visas • 17-1
 officers • 14-1                                 R9 Special cases • 18-1
R5.10 Verification • 14-2                        R9.1 Granting a permit under section 35A •
R5.15 Explaining discrepancies in family          18-1
 details • 14-2, 72-2                            RA Who may apply for a residence visa or
R5.18 Effect of provisions of the Prostitution    permit • 0-1
 Act 2003 • 14-3, 66-3                           RA1 Who does not need to apply for a
R5.20 Assessment of applications under            residence visa or permit • 1-1
 nominated category • 14-3                       RA1.1 New Zealand citizens • 1-1
R5.25 Reclaiming airfares and expenses • 14-5    RA1.10 People exempt from having to hold a
R5.30 Approving an application • 14-6             residence permit • 1-1
R5.35 Later application under Family category    RA1.5 People exempt from having to obtain a
 by previous applicants • 14-6                    residence visa • 1-1
R5.40 Later application by partner* and          RA10 Who is considered to hold a residence
 dependent children* • 14-6                       permit • 3-1
R5.42 People granted permits under W3.145        RA15 Who must apply for a residence visa • 4-
 October 2000 Transitional Policy • 14-7          1
R5.45 Approval in principle • 14-6, 14-8         RA20 Who may apply for a residence permit •
R5.5 Evidential requirements • 14-1               5-1
6      Index


RA25 Who may not apply for a residence
  permit • 6-1
                                                 S
RA30 Who is not eligible for a residence         S1 Special policy for certain nationalities •
  permit • 7-1                                     115-1
RA35 Special directions • 8-1, 14-13, 17-1       S1.1 Pitcairn Islanders • 115-1
RA40 Residence permits with requirements •       S1.10 Samoan Quota Scheme • 115-2
  9-1, 41-1                                      S1.11 Residual Quota Places Policy • 115-6
RA5 Who needs a residence visa or permit • 2-    S1.15 Nationals of the People's Republic of
  1                                                China (PRC) • 115-7
Residence • 0-1                                  S1.20 Sri Lankan nationals • 115-10
Residence from Work Category • 108-1             S1.25 Indo-Chinese applicants in refugee
Residence permit • 0-1, 9-1                        camps • 115-12
Residence visas/permits • 41-1                   S1.30 Restrictions on entry to or transit
Returning Residents' Visa Policy • 101-1           through New Zealand of certain groups •
RW1 Objective • 109-1                              115-13
RW2 Residence policy for holders of... • 110-1   S1.31 Ban on the issue of visas to leading
RW2.1 Requirements for employment • 110-1,         members of... • 115-14
  110-2                                          S1.35 Ban on the issue of visas or permits to...
RW2.5 Evidential requirements • 110-2              • 115-14
RW3 Residence policy for holders of visas or     S1.36 Restriction on the issue of visas or grant
  permits granted under... • 111-1                 of permits to... • 115-15
RW3.1 Definition of 'New Zealand                 S1.40 Pacific Access Category • 115-15
  organisation of national repute' • 111-2       S1.41 Residual Pacific Access Category Places
RW3.10 Evidential requirements • 111-3             Policy • 115-21
RW3.5 Sponsorship by a New Zealand               S2 Special directions policy • 1-1, 7-1, 8-1,
  organisation of national repute* • 111-2,        116-1
  111-3                                          S2.1 Requests for special directions • 116-1
RW4 Residence policy for holders of permits      S2.10 Requests from prohibited people • 116-2
  granted under... • 112-1, 112-2                S2.5 Procedure • 116-1
RW4.1 Requirements for employment • 112-2        S3 Refugee Policy • 117-1
RW4.5 Evidential requirements • 112-2            S3.1 Objective • 117-1
RW5 English language requirements for... •       S3.10 Residence permits for refugees • 117-1
  113-1                                          S3.15 Requirements for making an application
RW5.1 Minimum standard of English • 113-1          for grant of residence • 117-2
RW5.10 Employment in New Zealand as              S3.20 Requirements for grant of residence •
  English-speaking background • 113-3              117-3
RW5.15 Evidence of employment in New             S3.25 Temporary permits • 117-3
  Zealand • 113-3                                S3.30 Removal orders • 117-4
RW5.20 NZIS to collect charge on behalf of       S3.35 Entry of overseas dependants of
  TEC • 113-4                                      approved refugee status claimants • 117-4
RW5.25 TEC to arrange ESOL tuition • 113-4       S3.40 Revoking residence • 117-4
RW5.30 Applicant's Agreement with TEC •          S3.5 Categories of refugee • 117-1
  113-4                                          S4 Special residence policies • 118-1
RW5.35 Completion of Agreement • 113-5           S4.1 October 2000 Residence Policy • 14-13,
RW5.40 The amount of ESOL tuition to be            118-1
  pre-purchased • 113-5                          S4.10 Refugee Family Quota Category • 118-5
RW5.45 Failure to pre-purchase ESOL tuition      S4.15 Special Zimbabwe Residence Policy •
  • 113-5                                          118-12
RW5.5 Evidence of an English-speaking            S4.5 Residence policy for victims of domestic
  background • 113-1, 113-2                        violence • 69-3, 69-4, 118-2
RW5.50 Limited period to use ESOL tuition •      Skilled Migrant (Application) Policy • 83-4
  113-6                                          Skilled Migrant Category • 81-1
RW6 Migrant Levy • 114-1                         SM1 Objective • 82-1
                                                 SM10 Bonus points
  partner's* skilled employment in New             qualifications in an identified... • 87-2, 97-1
       Zealand • 86-3, 86-4, 87-1, 91-1          SM16.1 Aim and intent • 97-1
SM10.1 Aim and intent • 91-1                     SM16.10 Qualifications in an identified future
SM10.10 Award of points • 11-3, 91-1              growth area • 97-1
SM10.5 Points for partner's skilled              SM16.15 Qualifications in an identified cluster
 employment in New Zealand • 91-1                 • 97-2
SM11 Work experience • 84-3, 85-3, 87-1, 92-     SM16.20 Qualifications in an area of absolute
 1                                                skills shortage • 97-3
SM11.1 Aim and intent • 92-1                     SM16.5 Bonus points for Recognised
SM11.10 Requirements • 92-2                       Qualification • 97-1
SM11.15 Additional requirements for              SM17 Bonus points
 recognition of work experience • 92-3             partner's recognised qualifications • 86-4,
SM11.20 Evidence • 92-4                                87-2, 98-1
SM11.5 Points for recognised work experience     SM17.1 Aim and intent • 98-1
 • 92-1                                          SM17.5 Close family in New Zealand • 87-2,
SM12 Bonus points                                 98-1
  work experience in New Zealand • 87-1,         SM18 Age • 87-2, 99-1
       93-1                                      SM18.1 Aim and intent • 99-1
SM12.1 Aim and intent • 93-1                     SM18.10 Evidence • 99-1
SM12.5 Points for recognised work experience     SM18.5 Points • 99-1
 in New Zealand • 93-1                           SM19 Requirements for Occupational
SM13 Bonus points                                 Registration • 84-1, 84-3, 100-1
  work experience in... • 87-1, 94-1             SM19.1 Aim and intent • 100-1
SM13.1 Aim and intent • 94-1                     SM19.10 Effect of occupational registration on
SM13.10 Work experience in an identified          eligibility for points • 100-2
 future growth area • 94-2                       SM19.15 Effect on points for qualifications •
SM13.15 Work experience in an identified          85-6, 95-3, 97-3, 100-2
 cluster • 94-2                                  SM19.20 Effect on points for skilled
SM13.20 Work experience in an area of             employment • 88-3, 100-3
 absolute skills shortage • 92-2, 94-2           SM19.5 Occupations requiring registration •
SM13.5 Points for recognised work experience      100-1, 100-2
 in... • 94-1                                    SM2 Overview of Skilled Migrant Category
SM14 Recognised Qualifications • 84-3, 85-3,      Policy • 83-1
 87-2, 88-3, 92-2, 95-1                          SM20 Settlement and Contribution
SM14.1 Aim and intent • 95-1                      Requirements • 83-2, 101-1
SM14.10 Points for recognised qualifications •   SM20.1 Aim and intent • 101-1
 95-2                                            SM20.10 Assessment of whether a principal
SM14.15 The Register • 95-1, 95-2                 applicant* can realise... • 101-2, 101-3
SM14.20 Evidence • 95-3                          SM20.15 Grant of residence following deferral
SM14.25 List of Recognised Qualifications •       • 101-2, 101-3
 95-4                                            SM20.5 Assessment of ability to settle and
SM14.30 NZQA involvement in the                   contribute • 101-1, 101-2
 assessment of qualifications • 95-4             SM3 Skilled Migrant (Expression of Interest
SM14.35 NZQA Pre-Assessment Results               and Invitation to Apply) Policy • 84-1
 (PARs) and Qualifications Assessment            SM3.1 Expressing Interest in being invited to
 Results (QARs) • 95-3, 95-4                      apply under the Skilled Migrant Category •
SM14.5 Recognition of qualifications • 88-3,      84-1
 95-1                                            SM3.10 Submission of Expressions of Interest
SM15 Bonus points                                 to the Pool • 15-2, 84-2
  New Zealand qualifications • 87-2, 96-1        SM3.15 Selection of Expressions of Interest •
SM15.1 Aim and intent • 96-1                      15-3, 83-1, 83-2, 84-3, 85-2
SM15.5 Bonus points for New Zealand              SM3.17 Resubmission of Expressions of
 qualifications • 96-1                            Interest to... • 84-4
SM16 Bonus points                                SM3.20 Currency of an Expression of Interest
                                                  • 84-5
8      Index


SM3.25 Invitation to apply for residence under      employment outside the Auckland region •
 the Skilled Migrant Category • 84-5                   85-5, 87-1, 90-1
SM3.5 Implications of providing false or         SM9.1 Aim and intent • 90-1
 misleading information • 84-2                   SM9.10 Definition
SM4 Summary of Requirements • 83-2, 85-1            Employment outside the Auckland region •
SM4.1 Ability to apply • 85-1                          90-1
SM4.10 Health, character and English             SM9.15 Evidence • 90-2
 language requirements • 85-2                    SM9.5 Bonus points for employment outside
SM4.15 Employability and capacity building         the Auckland region • 90-1
 requirements (SM7 to SM19) • 85-3               Special directions • 8-1
SM4.20 Settlement and contribution               Special directions policy • 116-1
 requirements (SM20) • 85-3                      Special Policies • 114-1
SM4.25 Migrant levy • 85-4
SM4.30 Residence visa/permits subject to
                                                 V
 requirements • 85-5, 88-4                       Verification • 35-3
SM4.35 Compliance with requirements • 85-6
SM4.40 Non-compliance with requirements •        W
 85-6                                            Who does not need to apply for residence visa
SM4.5 Approval of applications under the          • 1-1
 Skilled Migrant Category • 85-1, 85-3           Who is considered to hold a residence permit •
SM5 English Language Requirements • 84-1,         3-1
 84-2, 86-1                                      Who must apply for a residence visa • 4-1
SM5.1 Aim and intent • 86-1                      Who needs a residence visa or permit • 1-1
SM5.10 English language requirements for
 non-principal applicants • 86-2                 X
SM5.15 English language requirements for         X1 Objectives • 102-1
 partners* where... • 86-2, 86-4, 91-1           X2 The need to apply for a returning resident's
SM5.20 Pre-purchase of ESOL tuition • 86-4        visa • 14-12, 103-1
SM5.5 Minimum standard of English language       X2.1 Persons requiring a returning resident's
 for principal applicants* • 86-1, 86-2, 86-4,    visa • 103-1
 98-1                                            X2.10 General and transitional RRV policies •
SM6 Summary of points for employability and       103-2, 105-9
 capacity building factors • 87-1                X2.5 Right to have a returning resident's visa
SM7 Skilled employment • 84-1, 84-3, 85-5,        issued • 103-1, 108-1
 86-2, 87-1, 88-1, 92-2, 100-2, 100-3, 101-2     X3 Lodging an application for a returning
SM7.1 Aim and intent • 88-1                       resident's visa • 104-1
SM7.10 Skilled employment • 88-2, 94-2           X3.1 Where to lodge an application • 104-1
SM7.15 Additional requirements for skilled       X3.10 Requirements for lodging an application
 employment • 88-3                                for a returning resident's visa • 103-1, 104-1
SM7.20 Requirements for employers • 88-4         X3.15 Evidential requirements • 104-2
SM7.5 Points for skilled employment • 88-1,      X3.5 How an application must be lodged •
 88-4                                             104-1
SM8 Bonus points                                 X4 General policy • 103-2, 105-1, 106-1
  employment in... • 85-5, 87-1, 89-1            X4.1 Summary • 105-1
SM8.1 Aims and intent • 89-1                     X4.10 Evidential requirements for partners*
SM8.10 Employment in an identified future         and children • 105-3
 growth area • 89-1, 94-2, 97-1, 97-2            X4.15 'Tax resident status' • 105-4
SM8.15 Employment in an identified cluster •     X4.20 First Returning Resident's Visa • 105-4
 89-2, 94-2, 97-2                                X4.25 Second and subsequent returning
SM8.20 Employment in an area of absolute          resident's visa (indefinite) • 105-1, 105-5
 skills shortage • 89-2, 97-3                    X4.30 Second and subsequent returning
SM8.5 Point for employment in... • 89-1           resident's visa (12 months) • 105-1, 105-8
SM9 Bonus points
X4.35 Second and subsequent returning
 resident's visa (14 days) • 105-1, 105-2, 105-
 9
X4.5 'Principal' and 'non-principal applicants' •
 105-2, 105-3
X5 Transitional policy • 103-2, 106-1
X5.1 Summary • 106-1
X5.10 Returning resident visa (indefinite) •
 105-2, 106-2
X5.15 Returning resident visa (restricted) •
 105-2, 106-2
X5.5 Who may apply under transitional
 policy? • 105-2, 106-1, 106-2
X6 Special provisions • 107-1
X6.1 Holders of Australian resident return
 visas • 107-1
X6.10 Partners of New Zealand citizens not... •
 107-1
X6.15 Residents seconded overseas as... • 107-
 2
X6.20 Evidence satisfying special provisions •
 107-2
X7 Transferring and declining returning
 residents' visas • 108-1
X7.1 Transfer of a current returning resident's
 visa • 108-1
X7.5 Declining applications for returning
 residents' visas • 105-2, 108-1

				
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