Page updated on: Monday February 5, 2007

Residence

Residence Types

Residence - A grant of residence entitles you to live in New Zealand permanently and to study and work without the need to obtain a further permit to do so. For more information on residence see: http://www.immigration.govt.nz/migrant/stream/live/ and the NZIS guides to residence which are available at http://www.immigration.govt.nz/migrant/general/formsandfees/formsandguides/residence.htm.

Residence Visa - A Residence Visa is like an invitation to enter or re-enter New Zealand. This visa allows the holder to travel to New Zealand and be granted a Residence Permit on arrival.A first-issue Residence Visa is normally valid for one year and is for a single entry. The holder must use this visa before its expiry in order to activate their resident status.  

Residence Permit - As with all type of permit a Residence Permit gives the holder permission to be in New Zealand.A Residence Permit allows you to reside in New Zealand for an indefinite period. However, this permit will expire once you leave New Zealand. In order to return to New Zealand and reactivate resident status a Returning Residents’ Visa will be required.

Returning Resident’s Visa - If a resident wishes to leave New Zealand temporarily after taking up residence, they must have a valid Returning Residents’ Visa in their passport to ensure re-entry into New Zealand. A first-time issue Returning Residents’ Visa is issued automatically when residence is approved. A first-time issue Returning Resident’s Visa is usually valid for two years. The term of subsequent Returning Resident’s Visas may be indefinite (known as permanent residency), for 12 months, or 14 days depending on the level of the resident’s commitment to New Zealand as demonstrated during the period of the initial two-year Returning Resident’s Visa.See: http://www.immigration.govt.nz/migrant/general/formsandfees/formsandguides/returningtonz.htm for more information.

Residence categories

This website will focus on the Family Categories of residence and the Family Quota and Refugee Family Quota Samoan Quota, Pacific Access Category and Special categories.

More detailed information on all categories of residence, including the Skilled Migrant and Business Categories may be obtained through the NZIS website. http://www.immigration.govt.nz or by contacting the New Zealand Immigration Service Helpline on 0508 55 88 55.

Family categories

The objective of Family Category Policy is to strengthen families and communities. Under the Family Categories New Zealand residents may sponsor family members who are able to satisfy the NZIS criteria to obtain a grant of residence from the New Zealand Government. The Family Categories are:

• Partnership
• Dependent child
• Sibling
• Adult Child
• Parent
• Pacific Access
• Samoan Quota
• Other special categories.

Applying for residence

Partnership

For further information on partnership policy see http://www.immigration.govt.nz/migrant/stream/live/partner/canimovetonz/whatisrequired/.

Key criteria

• An applicant under the partnership category must be married to or be in a de facto relationship or civil union (including same-sex relationships) with a New Zealand citizen or resident who must satisfy the requirements to be a sponsor; and
• The applicant and sponsor must be able to establish that their relationship is genuine and stable; and
• The applicant and sponsor must have been living together for at least one year prior to the date of the application.

Health and character requirements

In addition the applicant must meet all health and character requirements. For further information on health and character requirements see: http://www.immigration.govt.nz/migrant/stream/live/partner/canimovetonz/whatisrequired/

Eligible sponsor

Every applicant under the Partnership Category must have an eligible sponsor. For details on what is required to be an eligible sponsor see: http://www.immigration.govt.nz/migrant/stream/live/partner/canimovetonz/whatisrequired/eligiblesponsor.htm.

A sponsor under the Partnership category must:

• be a New Zealand citizen or resident; and
• have previously successfully sponsored a maximum of one partner under the Partnership policy at least five years prior to the current application; and
• must not have committed domestic violence against a previous partner which resulted in the grant of residence to that person under the policy for victims of domestic violence.

If a person gained residence under the Partnership policy, they will not be an eligible sponsor until:

• At least five years have passed since the date they were granted residence under the Partnership policy, and
• they have not sponsored anyone else under the Partnership policy.

Parent

For further information on NZIS policy about the Family Category Parent Policy see: www.immigration.govt.nz/migrant/stream/live/parent/canimovetonz/whatisrequired/

Key criteria

1. An applicant for residence under the parent policy must have an adult child (17 years or over and not dependent) in New Zealand; and
2. Have their "centre of gravity" in New Zealand.

The ‘centre of gravity’ is in New Zealand if either:

• the parent applicant has no dependent children, and
• the number of the applicant’s adult children lawfully and permanently in New Zealand is equal to or greater than those lawfully and permanently in any other single country.

or

• the parent applicant has dependent children, and
• the number of their adult children lawfully and permanently in New Zealand is equal to or greater than those lawfully and permanently in any other single country, and
• the number of their dependent children is equal to or fewer than, the number of their adult children who are lawfully and permanently in New Zealand.

Examples

Parent with no dependent children

Parent with dependent children

Health and character requirements

In addition the applicant must meet all health and character requirements. For further information on health and character requirements see:
http://www.immigration.govt.nz/migrant/stream/live/partner/canimovetonz/whatisrequired/

Sponsorship requirements

For full details on sponsorship requirements under the parent category see: www.immigration.govt.nz/migrant/stream/live/parent/canisponsormyparent/sponsorshiprequirements.htm

Sibling and Adult Child

For further information on NZIS policy about the Family Category Sibling and Adult Child Policies see:
http://www.immigration.govt.nz/migrant/stream/live/brothersisteradultchild/

Key criteria 

• The applicant must have no other siblings or parents living lawfully and permanently in the same country as them; and
• The applicant must have an acceptable offer of employment in New Zealand (see below); and
• If the applicant has dependent children the applicant must be able to satisfy the minimum income requirement. As of the date of posting the minimum family income for applicants with a dependent child is as follows:

Acceptable offer of employment

Offers of employment are acceptable if they are:

• for ongoing employment (permanent or at least 12 months with an option of continuing) with a single employer, or
• for full-time employment (average of 30 hours or more), and
• current at the time of assessing the application and at the time of issue of the visa or grant of the permit, and
• for one or more contracts totaling at least 6 months, if the principal applicant has provided evidence of having had at least two years of contract work; and
• genuine, and
• for a position that is paid by salary or wages (positions of self-employment, payment by commission and/or retainer are not acceptable), and
• accompanied by evidence of full or provisional registration, if full or provisional registration is required by law to take up the offer, and
• compliant with all relevant employment law in force in New Zealand.

Health and Character requirements

In addition the applicant must meet all health and character requirements. For further information on health and character requirements see: www.immigration.govt.nz/migrant/stream/live/brothersisteradultchild/canimovetonz/whatisrequired/

Sponsorship requirements

For further details on who is eligible to sponsor applicants under the Adult Child and Sibling category see: www.immigration.govt.nz/migrant/stream/live/brothersisteradultchild/canisponsormysiblingchild/

Dependent Child

For further information on the Dependent Child policy see: http://www.immigration.govt.nz/migrant/stream/live/dependentchild/canimovetonz/whatisrequired/.

Key criteria

• The dependent child applicant may be up to 24 years of age; and
• The dependent child applicant must be single; and
• Have no children of their own (unless they are under 16 years of age); and
• Be totally or substantially rely on an adult for financial support; and
• The dependent child applicant’s parent(s) must be lawfully and permanently in New Zealand.
• Biological or adoptive

Dependent Children

• Dependent children must have been born to, or adopted by, 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
• have been born to their parent(s) after their parents made their own application for residence; or
• have been adopted by 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.

Adoption includes customary adoption which has occurred at an early age within an extended family.

Sponsorship

Every applicant under the Dependent Child category must be sponsored by an eligible sponsor. For information on whether you are eligible to sponsor your dependent child see: www.immigration.govt.nz/migrant/stream/live/dependentchild/canibringmychild/default.htm.

Family Category Sponsors – general requirements

A sponsor must be:

• 17 years of age or over.
• Living in New Zealand.
• Other than in the case of a partner or dependent child(ren), the sponsor must have been a New Zealand permanent resident or citizen for at least 3 years.

A sponsor is responsible for:

• making sure that adequate accommodation in New Zealand is and continues to be available for their family members; and
• if necessary, providing accommodation during the first 24 months of their family members’ residence in New Zealand; and
• if necessary, providing financial support during the first 24 months of their family members’ residence in New Zealand. Note that financial support is not required by sponsors who gained New Zealand residence on the basis of their status as a refugee.

For further information on sponsorship requirements for the different family categories of residence refer to the web page links provided above.

Family Quota (not operating in 2005/06)

The objective of the Family Quota 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.

The size of the Quota is set annually. The Quota has been set at nil for the 2005/6 year. The last time the draw happened it was set at 250 places.

In years that there are spaces offered under the Family Quota registration opens for one month a year (usually April). Sponsor can register their parent, grandparent, adult child, or adult sibling, but, they can only register one person (who will be called the principal applicant) and their partner and dependent children (if they have any). Registrations are accepted from sponsors wishing to sponsor family members for residence and applications to fill the number of places are drawn by ballot following the close of the registration period.

Key criteria

• In order to be eligible to register under the Family Quota the applicant must not be eligible for residence under any other category (other than the Refugee Family Quota).
• The applicant must be sponsored by a family member who is living permanently in New Zealand.
• If successful in the draw, a residence application must be 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.

Important information about registrations

If a registration form includes more than one principal applicant, that registration form will not be accepted. 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. For more information see the NZIS website: http://www.immigration.govt.nz/migrant/stream/live/familyquota/.

Refugee Family Quota

The objective of the Refugee Family Quota is to help the successful resettlement of refugees resident in New Zealand by providing them with an opportunity to sponsor family members, who with the exception of the Family Quota category, do not qualify for residence under any other category. The Quota size is announced each year. Last year it was 300 places.

The registration period for the Refugee Family Quota takes place during one month of the year – (usually October). A sponsor can register their parent, grandparent, adult child, grandchild, adult sibling, uncle, aunt niece or nephew, but, they can only register one person (who will be called the principal applicant) and their partner and dependent children (if they have any).

Registrations are accepted from sponsors wishing to sponsor family members for residence and applications to fill the number of places are drawn by ballot following the close of the registration period.

Some sponsors get priority in the Quota. "Priority sponsors" are alone in New Zealand (i.e. no other family members in New Zealand) or here with only dependent children. Also, they must not have any other family member who is eligible for New Zealand residence under any other category (except the Family Quota category). If the number of applicants and dependents included in registrations lodged by priority sponsors are more than the number of places offered under the Refugee Family Quota only registrations from priority sponsors will be submitted to the ballot.

Key criteria

• The principal applicant must not be eligible for residence under any other category (except the Family Quota Category).
• The applicant must be sponsored by a family member who was granted New Zealand residence on the basis of their status as a refugee and is living permanently in New Zealand.
• If successful in the draw, a residence application must be made within 6 months of the NZIS's advice to their sponsor that the sponsor's registration has been drawn from the Refugee Family Quota pool.

Important information about registrations

If a registration form includes more than one principal applicant, that registration form will not be accepted. 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.

Only one success in the Refugee Family Quota is allowed. Once a person has sponsored a family member who has obtained residence in New Zealand under Refugee Family Quota category, they cannot use this policy again. Please contact the NZIS or your local community law centre for further information on the Refugee Family Quota. For a list of NZIS branches and their contact details see www.immigration.govt.nz/migrant/general/generalinformation/contactus/.

Refugees in New Zealand

General information on refugees in New Zealand may be found on the RMS Refugee Resettlement website. See http://www.rms.org.nz/refugees-and-nz.html.

UNHCR Quota Refugees

Annually New Zealand accepts 750 refugees through the UNHCR Quota programme. This Quota is distinct from the Family Quota and Refugee Family Quota and should not be confused with those NZIS policies. For more information on the UNHCR Quota programme see: http://www.rms.org.nz/quota-programme.html.

Refugee Status ("Asylum seekers")

For information about claiming refugee status in New Zealand see: http://www.govt.nz/record?recordid=606. For further information contact the NZIS on (0508) 55 88 55 or your local community law centre.

Legal aid is available for people who have claimed refugee status in New Zealand. If you intend to claim refugee status in New Zealand contact your local community law centre for the names of lawyers who practice in this area. For information on appealing a decision of the Refugee Status Branch see http://www.nzrefugeeappeals.govt.nz/http://www.nzrefugeeappeals.govt.nz/

Section 35A Applications

Unless they are exempt from the requirement to hold a permit a foreign national who is in New Zealand must be on a valid permit at all times. Upon expiry of their permit their status in New Zealand becomes unlawful and they are legally required to leave New Zealand.

Section 35A of the Act grants the NZIS discretion to grant a permit to anyone who is required to have a permit but does not have one PROVIDED THAT there is no removal or deportation order in force against the applicant.

The NZIS is not required to consider applications made under section 35A applications and it is not required to give the reasons for its decision. If the NZIS chooses to consider an application made under section 35A the application will be considered on its merits. Relevant factors may include:

• Whether there is a good reason for why the applicant failed to apply for a further permit while the original permit was current;
• Whether the applicant appears to be genuine and acting in good faith.

For further information on applications under section 35A contact the NZIS on (0508) 55 88 55 or your local community law centre.

Special Directions

In special circumstances the Minister (or delegate) may give any immigration officer a special direction in relation to any person, permit, visa or document as an exception to policy and to section 7 of the Act which sets out those applicants who would otherwise be ineligible for a permit. There is no right to apply for a special direction and if an application is made

The Minister is not obliged to consider the application for the special direction and if they choose to do so is not required to give reasons for any decision in respect of the application. The provisions of the Official Information Act in relation to right of access to reasons for decisions and to reasons for refusal in writing do not apply to decisions by the Minister in respect of applications for special directions.For more information see the NZIS Operations Manual http://www.immigration.govt.nz/nzis/operations_manual/, refer RA35, E2.30 and E7.25 or contact your local community law centre.

Please note that law centres will each have unique policies in respect of assisting applicants for special directions. You should discuss with your local law centre what its particular policy is with respect to assisting with special directions.

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