Glossary of Terms
acceptable offer of employment (F6.5.20)
See F6.5.20
- Offers of employment are acceptable if they are for ongoing and sustainable employment with a single employer, or for one or more contracts totalling at least 6 months, if the principal applicant* has provided evidence of having had at least two years of contract work (see F6.5.25 below); and
- for full-time employment*, and
- 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
- 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.
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.
acceptable offers of employment (S1.10.5 Residence Samoan Quota Scheme)
Refer S1.10.5
- Acceptable* offers of employment may be in either a skilled or unskilled occupation but must be:
- for ongoing* employment (see G4.15.5) with a single employer, and
- for full-time* employment (see G4.15.20), and
- current at the time the application is made*, and
- genuine, and
- for a position that is paid by salary or wages (ie, positions of self-employment, payment by commission and/or retainer are not acceptable), and
- accompanied by evidence of professional or technical registration if this is required by law to take up the offer.
- Offers of employment must:
- be contained in an original document, and
- be open for at least 3 months from the date the application is made*, and
- meet the minimum wage requirements, or in the case of an applicant with dependent children*, the minimum income requirement (see S1.10.15).
- Details required in an offer of employment are:
- the job title, and
- hours of work, and
- a brief list of duties, and
- the wage or salary, and
- the period in which employment may begin, and
- the term of the employment.
acceptable investment (BI7.25.1 Residence Investor Category) (existing)
See "acceptable investment" Effective 04/07/2005
See "acceptable investment" Effective 20/11/2002
See "acceptable investment" Effective 26/07/1999
Acceptable investment (BK4.45 General (Active) Investor Category) (BK6.20.25 Professional Investor Category) (BK7.10.25 Global Investor Category)
- An acceptable investment means an investment that:
- is capable of a commercial return under normal circumstances; and
- is not for the personal use of the applicant(s) (see BK4.45.1); and
- is invested in New Zealand in New Zealand currency; and
- is invested in lawful business enterprises or managed funds that comply with all relevant laws in force in New Zealand; and
- is a semi-active* or an active investment*; and
- is not (directly or indirectly) invested in residential property development* (see BK4.45.25); and
- has the potential to contribute to New Zealand's economic transformation goals of innovative, productive, and globally competitive firms.
- Notwithstanding (a) above, where an investment fails to meet one of the acceptable investment requirements, a business immigration specialist may consider, on a case by case basis, whether the failure was beyond the control of the principal applicant* and if satisfied that this was the case, may consider the investment acceptable.
acceptable investment (BI7.25.1 Residence Investor Category) (04/07/2005)
See "acceptable investment" Effective 26/11/2007
See "acceptable investment" Effective 20/11/2002
See "acceptable investment" Effective 26/07/1999
Refer BI7.25.1
For the purposes of the Investor Category, an acceptable investment is an investment which:
- is held by the New Zealand Government, or
- 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.
acceptable investment (BB4.1.1 Residence Investor category)(20/11/2002)
See "acceptable investment" Effective 26/11/2007
See "acceptable investment" Effective 04/07/2005
See "acceptable investment" Effective 26/07/1999
Refer BB4.1.1
An acceptable investment is an investment which:
- is invested in New Zealand in New Zealand currency; and
- under normal circumstances, is capable of providing a commercial return; and
- is not for the personal use of the principal applicant* (see BB4.1.5)
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 international exposure would completely fail to meet the requirement that an investment be "invested in New Zealand".
acceptable investment (BB4.1.1) (26/07/1999)
See "acceptable investment" Effective 26/11/2007
See "acceptable investment" Effective 04/07/2005
See "acceptable investment" Effective 20/11/2002
Refer BB4.1.1
An acceptable investment is an investment which:
- is invested in New Zealand in New Zealand currency; and
- under normal circumstances, is capable of providing a commercial return.
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 international exposure would completely fail to meet the requirement that an investment be "invested in New Zealand".
active investment (BK4.45.10 General (Active) Investor Category...
active investment (BK4.45.10 General (Active) Investor Category) (BK6.20.35 Professional Investor Category) (BK7.10.25 Global Investor Category)
An active investment is:
- a direct investment of NZ$100,000 or more, in the establishment of a new lawful enterprise which undertakes significant economic activity in New Zealand, and results in the principal applicant* acquiring 10 percent or more shareholding; or
- a direct investment of NZ$200,000 or more, in an existing lawful enterprise which undertakes significant economic activity in New Zealand, and results in the principal applicant* acquiring 10 percent or more shareholding.
adult child (F4.5.10 Residence Parent Policy)
See "adult child" Effective 26/07/1999
Refer F4.5.10
In the context of Parent policy, 'adult child' means a child of 17 or older, unless they are dependent (see F4.5.5).
adult child (in the context of Parent policy) (F4.1.20) (26/07/1999)
See "adult child" Effective 1/10/2001
Refer F4.1.20
In the context of Parent policy, 'adult child' means a child of 17 or older, unless they are dependent (see F4.1.10(a)).
adult child (F6.5.1 Residence Sibling and adult child policy)
See "adult child" Effective 26/07/1999
Refer F6.5.1
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).
adult child (in the context of Sibling and adult child policy) (F6.1.1) (26/07/1999)
See "adult child" Effective 01/10/2001
Refer F6.1.1
In the context of Sibling and adult child policy, 'adult child' means a child of 17 or older.
adult child (for sponsorship purposes) (F4.5.15 Residence Parent Policy)
See "adult child (for sponsorship purposes)" Effective 26/07/1999
Refer F4.5.15
- For sponsorship purposes, 'adult child' means a child 17 years of age or older.
- 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.
adult sibling and adult child (for sponsorship purposes) (G5.15.1 Residence General Skills policy)
See "adult sibling and adult child" Effective 26/07/1999
Refer G5.15.5
- For sponsorship purposes, 'adult sibling' and 'adult child' mean a sibling or child aged 17 years of age or older.
- However, siblings and children aged 17 to 24 must only be considered 'adult siblings for sponsorship purposes' or 'adult children 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.
adult sibling and adult child (for sponsorship purposes) (G5.15.5) (26/07/1999)
See "adult sibling and adult child" Effective 01/10/2001
Refer G5.15.5
- For sponsorship purposes, 'adult sibling' and 'adult child' mean a sibling or child aged 17 years of age or older.
- However, siblings and children aged 17 to 19 must only be considered 'adult siblings for sponsorship purposes' or 'adult children 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.
adult sibling for sponsorship purposes (F6.5.10)
Refer F6.5.10
- 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.
applicant (R2.1.5 Residence policy)
See 'applicant' Effective 01/10/2001
Refer R2.1.5
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.
applicant (R2.1.5 Residence policy) (01/10/2001)
See 'applicant' Effective 04/07/2005
Refer R2.1.5
An applicant is a person included in an application for residence.
adult child (for sponsorship purposes) (F4.1.25) (26/07/1999)
See "adult child (for sponsorship purposes)" Effective 01/10/2001
Refer F4.1.25
- For sponsorship purposes, 'adult child' means a child 17 years of age or older.
- However, children aged 17 - 19 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.
bona fide applicant (E5.1 Temporary Entry Policy)
See bona fide applicant Effective 26/07/1999
Refer E5.1
A bona fide applicant for temporary entry is a person who:
- genuinely intends a temporary stay in New Zealand for a lawful purpose; and
- in the opinion of a visa or immigration officer is not likely:
- to remain in New Zealand unlawfully, or
- to breach the conditions of any permit granted, or
- to be unable to leave or be removed from New Zealand (see E5.10)
bona fide applicant (E5.1 Temporary Entry Policy) (26/07/1999)
See bona fide applicant Effective 04/07/2005
Refer E5.1
A bona fide applicant for temporary entry is a person who:
- genuinely intends a temporary stay in New Zealand for a lawful purpose; and
- who in the opinion of a visa or immigration officer:
- is not likely to remain in New Zealand unlawfully, and
- is not likely to breach the conditions of any permit granted.
bond (E4.58.5 Temporary Entry policy)
Refer E4.58.5
For the purposes of temporary entry policy, a bond means a monetary bond intended to manage the risk of a person remaining in New Zealand after their permit expires.
business experience (BI6.5.1 Residence Investor Category)
See 'business experience' Effective 26/07/1999
Refer BI6.5.1
Business experience means a minimum of 5 years of either:
- owning a lawful business enterprise*; or
- management experience* in a lawful business enterprise*.
business experience (BB3.5.1 Residence Investor category) (26/07/1999)
See 'business experience' Effective 04/07/2005
Refer BB3.5.1
Business experience means a minimum of 2 years of either:
- owning a lawful business enterprise; or
- management* or supervisory* experience in a lawful business enterprise.
business plan (BI11.1.1 Residence Investor Category and Temporary Entry...)
business plan (BI11.1.1 Residence Investor Category and BC4.1 Temporary Entry Long Term Business Visa/Permit category)
See 'business plan' Effective 20/11/2002
Refer BI11.1.1 and BC4.1
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.
business plan (BC4.1 Temporary Entry Long Term Business Visa/Permit category) (20/11/2002)
See 'business plan' Effective 04/07/2005
Refer BC4.1
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.
carrier (Y2.30.5 Border policy)
See 'carrier' Effective 01/10/1999
See Y2.30.5
'Carrier' in relation to a craft*, means the owner or charterer of the craft*; and if the owner or charterer is not in New Zealand, includes the owner's or charterer's agent in New Zealand or, if there is no such agent in New Zealand, the person in charge.
carrier (Y2.25.5 Border policy) (01/10/1999)
See 'carrier' Effective 04/07/2005
Refer Y2.25.5
'Carrier' in relation to a craft*, means the owner or charterer of the craft*; and if the owner or charterer is not in New Zealand, includes the owner's or charterer's agent in New Zealand or, if there is no such agent in New Zealand, the person in charge.
centre of gravity (F4.5.20 Residence Parent policy)
See 'centre of gravity' Effective 01/10/2001
Refer F4.5.20
- A family's centre of gravity is in New Zealand if either:
- the principal applicant* parent has no dependent children*, and
- the number of their adult children* lawfully and permanently* in New Zealand is equal to or greater than those lawfully and permanently* in any other single country, including the country in which the principal applicant* is lawfully and permanently*; or
- the principal applicant* parent has dependent children*, and
- the number of their adult children* lawfully and permanently* in New Zealand is equal to or greater than those lawfully and permanently* in any other single country, including the country in which the principal applicant* parent is lawfully and permanently*, and
- the number of dependent children* is the same as or fewer than the number of their adult children* who are lawfully and permanently* in New Zealand.
centre of gravity (F4.5.20 Residence Parent policy) (01/10/2001)
See 'centre of gravity' Effective 04/07/2005
Refer F4.1.5
- A family's centre of gravity is in New Zealand if either:
- the principal applicant* parent has no dependent children*, and
- the number of their adult children* lawfully and permanently* in New Zealand is equal to or greater than those lawfully and permanently* in any other single country, including the country in which the principal applicant* is lawfully and permanently*; or
- the principal applicant* parent has dependent children*, and
- the number of their adult children* lawfully and permanently* in New Zealand is equal to or greater than those lawfully and permanently* in any other single country, including the country in which the principal applicant* parent is lawfully and permanently*, and
- the number of dependent children* is the same as or fewer than the number of their adult children* who are lawfully and permanently* in New Zealand.
certificate of identity (A2.1.5 Administration)
Refer A2.1.5
Immigration Act 1987 s 2(1)
- A certificate of identity is a document (other than a passport) issued by the government of any country to any person in order to facilitate that person's entry into or exit from any country.
- A certificate of identity:
- establishes the identity but not the nationality of a person, and
- gives that person the right to enter the country whose government has issued the document.
- A certificate of identity may be in a form approved by the Minister and includes any travel document issued by any international organisation specified by notice in the Gazette as an organisation whose travel documents will be accepted as certificates of identity.
Example: United Nations travel documents are acceptable travel documents even though they are not issued by a government. Branches and posts will be advised of any travel document accepted as a certificate of identity, along with a copy of the relevant Gazette notice. Such documents include:
| Cartes de Service, issued to officials of the South Pacific Commission, and
| Laissez-passers, issued to United Nations officials.
close family member (H2.15.1) (26/07/1999)
This term has been permanently archived.
Refer H2.15.1
In the context of Humanitarian category policy, close family member means:
- a parent, adult sibling or adult child, or
- an aunt, uncle, nephew or niece, or
- a grandparent, or
- a person who has lived with, and been part of, the applicant's family for many years, but is not an estranged or divorced spouse or partner.
country of nationality (C2.5.5 Refugees)
Refer C2.5.5
- In the case of a person who has more than one nationality, 'country of nationality' means each of the countries of which they are a national.
- If a person has the protection of one of their countries of nationality, this does not activate New Zealand's obligations under the Refugee Convention.
craft (Y2.30.1 Border Policy)
See 'craft' Effective 01/10/1999
See 'craft' Effective 26/07/1999
Refer Y2.30.1
'Craft' means any form of aircraft, ship or other vehicle or vessel capable of being used to transport any person to or from New Zealand from or to any country outside New Zealand.
craft (Y2.25.1 Border Policy) (01/10/1999)
See 'craft' Effective 04/07/2005
See 'craft' Effective 26/07/1999
Refer Y2.25.1
Immigration Act 1987 s 2
'Craft' means any form of aircraft, ship or other vehicle or vessel capable of being used to transport any person to or from New Zealand from or to any country outside New Zealand.
craft (Y2.25.1) (26/07/1999)
See 'craft' Effective 04/07/2005
See "craft" Effective 01/10/1999
Refer Y2.25.1
'Craft' means any form of aircraft, ship or other vehicle or vessel capable of being used to transport any person to or from New Zealand from or to any country outside New Zealand.
current (R2.40.1 Residence policy)
See 'current' Effective 01/07/2002
Refer R2.40.1
'Current' means, in relation to any document provided in support of an application or Expression of Interest, to meet:
- mandatory requirements for lodgment of an application, or
- 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.
current (R2.40.1 Residence policy) (01/07/2002)
See 'current' Effective 04/07/2005
Refer R2.40.1
'Current' means, in relation to any document provided by an applicant to meet:
- mandatory requirementsfor lodgment of an application, or
- other evidential requirements of Government residence policy, that at any relevant stage during the life of an application (eg, at the time an application is lodged*, during assessment of the application and at the date of final decision*), that document is not expired.
customs place (Y2.1.1 Border policy)
See "customs place" Effective 26/07/1999
Refer Y2.1.1
- 'Customs place*' means a Customs port or Customs airport.
- 'Customs port' means a port of entry designated by the Chief Executive, New Zealand Customs Service, as a Customs port.
- 'Customs airport' means an airport designated by the Chief Executive, New Zealand Customs Service, as a Customs airport.
customs place (Y2.1.1) (26/07/1999)
See "customs place" Effective 07/10/2002
Refer Y2.1.1
- 'Customs place*' means a Customs port or Customs airport.
- 'Customs port' means a port of entry designated by the Chief Executive, New Zealand Customs Service, as a Customs port.
- 'Customs airport' means an airport designated by the Chief Executive, New Zealand Customs Service, as a Customs airport.
date an application is lodged (R2.20 Residence policy)
Refer R2.20
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'.
date an application is made (R2.25 Residence policy)
Refer R2.25
Immigration Act 1987 ss 14B, 17A
- An application is made* on the date that it is lodged* only if, on that date, it is lodged* in the prescribed manner.
- Visa and immigration officers determine whether applications are lodged* in the prescribed manner by assessing whether all mandatory requirements (see R2.40) for lodgement have been met.
- If 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 lodgement.
Note: If an application is processed using AMS, the date the application is made* is referred to in AMS as the date 'accepted'.
date of final decision (R5.60 Residence policy)
Refer R5.60
- The date of final decision* on an application that is declined is the date when the letter advising that the application has been declined, is posted.
- The date of final decision* on an application that is approved is the date of 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).
de facto partner (R2.1.20 Residence policy) (01/10/2001)
Refer R2.1.20
- For the purpose of inclusion in a residence application, a de facto partner is a partner in a heterosexual or same sex relationship who has been living with their partner in a genuine and stable relationship* for at least 2 years immediately before their application is lodged*.
- References to 'partner' in Government residence policy (excluding De facto policy (see F3) mean de facto partner as defined in (a) above.
- A de facto partner who does not meet the criteria in (a) above may not be included in the principal applicant's* application and must apply for residence as a principal applicant* in their own right.
dependants of United States government personnel (WI5.5.1 Temporary Entry policy)
Refer WI5.5.1
Under the terms of the agreement between the United States and New Zealand governments, dependants means:
- spouses; and
- unmarried dependent children under 21; and
- unmarried dependent children under 25 who are full- time students at a tertiary institution; and
- unmarried children who are physically or mentally disabled.
dependent child (E4.1.5 Temporary entry policy)
See this glossary term Effective 05/06/2000
See "dependent child" Effective 26/07/1999
Refer E4.1.5
Immigration Regulations 1991 regs 20, 15
- For the purpose of lodging an application, and despite the definition in section 2 of the Immigration Act 1987, a child is dependent if:
- they are aged 17 to 19, with no child(ren) of their own, and
- they are single* with no child(ren) of their own, and
- (if included in an application for a visitor visa or visitor's permit or transit visa), they are 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
- (if applying for a temporary visa or permit under E4.5) they are totally or substantially reliant on that student or work visa or permit holder for financial support; or
- they are aged 16 or younger, and
- they are single*, and
- (if included in an application for a visitor's visa or visitor's permit or transit visa) they are 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
- if applying for a temporary visa or permit under E4.5 they are totally or substantially reliant on that student or work visa or permit holder for financial support.
- An unmarried child up to 17 years of age is presumed to be dependent unless there is evidence to the contrary.
- For children aged 17-19 years of age, evidence of actual dependence may be required.
dependent child (for the purposes of Temporary Entry policy (E4.1.5 Temporary Entry policy) (05/06/2000)
See this glossary term Effective 29/09/2003
See "dependent child" Effective 26/07/1999
Refer E4.1.5
Immigration Regulations 1991 regs 20, 15
- For the purpose of lodging an application, and despite the definition in section 2 of the Immigration Act 1987, a child is dependent if they are:
- aged 17 to 19, with no child(ren) of their own, and
- they are single* with no child(ren) of their own, and
- if included in an application for a visitor visa, visitor permit or transit visa, totally or substantially reliant on the principal applicant* and/or the principal applicant's* spouse or de facto partner for financial support, whether living with them or not, or
- if applying for a temporary visa or permit in reliance on the provisions at E4.5 (Spouses or de facto partners and dependent children* of student or work visa or permit holders) totally or substantially reliant on that student or work visa or permit holder for financial support; or
- aged 16 or younger, and
- single*, and
- if included in an application for a visitor visa, visitor permit or transit visa, totally or substantially reliant on the principal applicant* and/or the principal applicant's* spouse or de facto partner for financial support, whether living with them or not, or
- if applying for a temporary visa or permit in reliance on the provisions at E4.5 (Spouses or de facto partners and dependent children* of student or work visa or permit holders) totally or substantially reliant on that student or work visa or permit holder for financial support.
- An unmarried child up to 17 years of age is presumed to be dependent unless there is evidence to the contrary.
- For children aged 17-19 years of age, evidence of actual dependence may be required.
dependent child (for the purposes of Temporary Entry policy)(E4.1.5) (26/07/1999)
See this glossary term Effective 29/09/2003
See "dependent child" Effective 05/06/2000
Refer E4.1.5
For the purpose of lodging an application, and despite the definition in section 2 of the Immigration Act 1987, a child is dependent if they are:
- aged 17 to 19, with no child(ren) of their own, and
- single*, and
- if included in an application for a visitor visa, visitor permit or transit visa, totally or substantially reliant on the principal applicant* and/or the principal applicant's* spouse or de facto partner for financial support, whether living with them or not,or
- if applying for a temporary visa or permit in reliance on the provisions at E4.5 (Spouses or de facto partners and dependent children* of student or work visa or permit holders) totally or substantially reliant on that student or work visa or permit holder for financial support; or
- aged 16 or younger, and
- single*, and
- if included in an application for a visitor visa, visitor permit or transit visa, totally or substantially reliant on the principal applicant* and/or the principal applicant's* spouse or de facto partner for financial support, whether living with them or not, or
- if applying for a temporary visa or permit in reliance on the provisions at E4.5 (Spouses or de facto partners and dependent children* of student or work visa or permit holders) totally or substantially reliant on that student or work visa or permit holder for financial support.
- Up to 17 years of age, if a child is unmarried it is presumed to be dependent unless there is evidence to the contrary.
- For children aged 17-19 years of age, evidence of actual dependence may be required.
dependent child (L5.1.5 Limited Purpose Entry)
Immigration Regulations 1999 reg 20
The definition of 'dependent child' in E4.1.5 applies to limited purpose entry, with any necessary modifications.
dependent child (R2.1.30 Residence policy)
See this glossary term Effective 01/10/2001
Refer R2.1.30
Immigration Regulations 1999 reg 20
For the purpose of lodging an application, and despite the definition in section 2 of the Immigration Act 1987, a child is dependent if he or she is:
- aged 17 to 24, with no child(ren) of his or her own, and
- single*, and
- totally or substantially reliant on the principal applicant* and/or the principal applicant's* partner* for financial support, whether living with them or not; or
- aged 16 or younger, and
- single*, and
- totally or substantially reliant on the principal applicant* and/or the principal applicant's* partner* for financial support, whether living with them or not.
- When determining whether a child of 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:
- 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.
dependent child (for the purposes of residence policy) (R2.1.30 Residence policy) (01/10/2001)
See this glossary term Effective 29/09/2003
Refer R2.1.30
Immigration Regulations 1999 reg 20
For the purpose of lodging an application, and despite the definition in section 2 of the Immigration Act 1987, a child is dependent if he or she is:
- aged 17 to 24, with no child(ren) of his or her own, and
- single*, and
- totally or substantially reliant on the principal applicant* and/or the principal applicant's* spouse or partner for financial support, whether living with them or not; or
- aged 16 or younger, and
- single*, and
- totally or substantially reliant on the principal applicant* and/or the principal applicant's* spouse or partner for financial support, whether living with them or not.
- 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* spouse or partner 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.
detainee (C3.1) (04/02/2002)
This term has been permanently archived.
Refer C3.1
A detainee is a person who:
- on arrival in New Zealand has been placed in custody under section 128 or section 128B of the Immigration Act 1987; or
- has been placed in custody to await removal from New Zealand; or
- has otherwise been placed in custody according to law; or
- is imprisoned in a penal institution.
eligible sponsor (F2.10.10)
See F2.10.10 Residence Partnership policy)
Eligible sponsor* means a New Zealand citizen or resident* who:
- has not previously supported or sponsored more than one other successful principal applicant* under Partnership policy, or
- 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
- 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).
- 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:
- at least five years have elapsed since the date they were granted residence under Partnership policy, and
- they have not supported or sponsored any other successful principal applicant* under Partnership policy.
Note:
~ 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.
employment (W2.1.1 Temporary Entry Policy, work visas and permits)
Refer W2.1.1
Immigration Act 1987 s 2
- Employment means any activity undertaken for gain or reward, but does not include:
- representation on an official trade mission recognised by the New Zealand Government;
- employment as a sales representative of an overseas company in New Zealand for a period or periods no longer than a total of 3 months in any calendar year;
- activity in New Zealand as an overseas buyer of New Zealand goods or services for a period or periods no longer than a total of 3 months in any calendar year;
- official business in the service of any government, or of any inter-governmental or international organisation that is entitled to any privileges and immunities under the Diplomatic Privileges and Immunities Act 1968;
- business consultations or negotiations in New Zealand on establishing, expanding, or winding up any business enterprise in New Zealand, or carrying on any business in New Zealand, involving the authorised representatives of any overseas company, body or person for a period or periods no longer than a total of 3 months in any calendar year;
- study or training under a scholarship or other award recognised by the Minister.
- 'Gain or reward' includes any payment or benefit that can be valued in terms of money, such as board and lodging, goods (eg, food or clothing) and services (eg, transport).
- Full-time employment is based on a working week of 30 or more hours.
Note: This definition does not require employment as an 'employee'. It also covers self-employment.
funds earned or acquired legally (BI7.10.1 Residence Investor Category)
See 'funds earned or acquired legally' Effective 20/11/2002
Refer BI7.10.1
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.
funds earned or acquired legally (BB4.1.10 Residence Investor category) (20/11/2002)
See 'funds earned or acquired legally' Effective 04/07/2005
Refer BB4.1.10
- Funds earned or acquired legally are funds earned or acquired in accordance with the laws of the country in which they were earned or acquired.
- Business immigration specialists have discretion to decline an application if they are satisfied that, had the funds 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.
full-time employment (G4.15.20 Residence General Skills category)
Refer G4.15.20
Employment is full-time if it amounts to, on average, at least 30 hours per week.
genuine and stable marriage (F2.5.1 Residence Spouse policy)(07/10/2002)
Refer F2.1.1
- A genuine and stable marriage* is a marriage that the visa or immigration officer determines:
- is genuine, because it has been entered into with the intention of being maintained on a long term and exclusive basis, and
- is stable because it is likely to endure.
- If officers are unable to determine whether the marriage was entered into with the intention of maintaining it on a long term and exclusive basis, they should accept it as genuine, unless there is evidence to the contrary.
genuine and stable partnership (E4.5.1 Temporary Entry policy)
See E4.5.1
- A genuine and stable partnership is a partnership that the visa or immigration officer is satisfied:
- is genuine, because it has been entered into with the intention of being maintained on a long-term and exclusive basis, and
- is likely to endure.
genuine and stable partnership (F2.10.1 Residence)
Refer F2.10.1 Residence Partnership policy
- A partnership is genuine and stable if a visa or immigration officer is satisfied that it:
- is genuine, because it has been entered into with the intention of being maintained on a long-term and exclusive basis, and
- is stable because it is likely to endure.
genuine and stable partnership (L5.5.1 Limited Purpose Entry)
Refer L5.5.1 Limited Purpose Entry policy
The definition of 'genuine and stable partnership' in E4.1.10 applies to limited purpose entry, with any necessary modifications.
genuine and stable relationship (F3.5.1 Residence De Facto partner policy)(07/10/2002)
Refer F3.5.1
- A genuine and stable relationship* is a relationship that the visa or immigration officer determines:
- is genuine, because it has been entered into with the intention of being maintained on a long term and exclusive basis, and
- is stable because it is likely to endure.
- If officers are unable to determine whether the relationship was entered into with the intention of maintaining it on a long term and exclusive basis, they should accept it as genuine, unless there is evidence to the contrary.
genuine attempts (WG3.1.1 Temporary Entry Work policy)
See WG3.1.1
For the purposes of this policy an employer is considered to have made genuine attempts to recruit suitable staff from within New Zealand if:
- the extent and nature of advertising or use of other appropriate means of recruitment is such that any suitable New Zealand workers would apply or be likely to apply for the position(s); and
- any specifications or requirements stipulated in a job description and/or ideal person specification are restricted to those specifications or requirements necessary to perform the work on offer; and
- the terms and conditions specified for the work on offer meets the New Zealand market rate.
genuine tourist (V2.5.1)
Refer V2.5.1
For the purposes of the provision on length of permitted stay at V2.5(a)(i), a genuine tourist is a visitor to New Zealand who:
- is not working and has not worked in New Zealand, and
- has not had a New Zealand student permit, and
- is not sponsored, and
- has sufficient funds for maintenance and accommodation.
immediate family (F6.5.5 Residence Sibling and adult child policy)
Refer F6.5.5
- In the context of Sibling and adult child policy, 'immediate family' includes all biological or adoptive parents, and siblings of the principal applicant.
- Step-parents and step-siblings of the principal applicant 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.
key employee (BE2.1 Residence Employees of Relocating Businesses policy)
Refer BE2.1
A key employee is an employee of the business whom the chief executive officer (CEO) of the relocating business reasonably considers will be essential to the operation of the relocated business in New Zealand.
lawful business enterprise (BI6.5.15 Residence Investor Category)
See 'business enterprise' Effective 26/07/1999
Refer BI6.5.15
A business enterprise is an organisation that:
- operates in a commercial environment with the goal of returning a profit, and
- is not set up primarily for passive or speculative purposes.
business enterprise (BB3.5.20 Residence Investor category)(26/07/1999)
See 'lawful business enterprise' Effective 04/07/2005
Refer BB3.5.20
A business enterprise is an organisation that:
- operates in a commercial environment with the goal of returning a profit, and
- is not set up primarily for passive or speculative purposes.
lawful purpose (V2.1.1 Temporary Entry Visitor policy)
Refer V2.1.1
Immigration Act 1987 s 24
For the purposes of applying the 'lawful purpose' test in the provision relating to bona fide applicants (see E5.1) visitors are considered to be coming to New Zealand for a lawful purpose if:
- they are coming for the purposes of:
- holidaying
- sightseeing
- family and social visits
- amateur sport
- business consultation
- medical treatment; and
- they are not intending to undertake employment* (see W2.1.1) or a course of study or training, other than a single course of study or training that lasts no more than 3 calendar months.
Note: entry for the purpose of marriage is also regarded as a 'lawful purpose'.
lawfully and permanently in New Zealand (F5.5.5 Residence Dependent child policy)
Refer F5.5.5
People who are lawfully and permanently in New Zealand are:
- citizens of New Zealand, or
- holders of New Zealand residence permits, or
- holders of current New Zealand returning resident's visas, or
- citizens of Australia, and
- actually residing in New Zealand.
lawfully and permanently...
See lawfully and permanently Effective 01/10/2001
lawfully and permanently (F4.5.1 Residence Parent policy), (F6.5.15 Residence Sibling and adult child policy)
Refer F4.5.1, F6.5.15
People who are lawfully and permanently in a country are either:
- citizens of that country, or have the right of, or permission to take up, permanent residence in that country, and
- actually residing in that country; or
- living in a refugee camp in that country with little chance of repatriation.
Note: If a person is actually residing in a country in which they do not have the right of, or permission to take up, permanent residence, for the purpose of determining whether an applicant meets parent policy or 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.
lawfully and permanently... (01/10/2001)
See lawfully and permanently Effective 26/11/2007
lawfully and permanently (F4.5.1 Residence Parent policy), (F6.5.15 Residence Sibling and adult child policy
Refer F4.5.1, F6.5.15
People who are lawfully and permanently in a country are either:
- citizens of that country, or have the right of, or permission to take up, permanent residence in that country, and
- actually residing in that country; or
- living in a refugee camp in that country will little chance of repatriation.
legal guardian (V3.100.5 Student policy)
See 'guardian' Effective 29/09/2003
Refer V3.100.5 Student policy
For the purposes of this policy a 'legal guardian' is
- the person with the legal right and responsibility to provide for the care (including education and health) of an international student. This includes the student's biological or adoptive parents, testamentary guardian, or court-appointed guardian; and
- the person who usually provides for the care of the student in the student's home country.
guardian (V3.100.1 Student policy) (29/09/2003)
See 'legal guardian' Effective 04/07/2005
Refer V3.100.1 Student policy
For the purposes of this policy a 'guardian' is the student's biological or adoptive parents, testamentary guardian, or court-appointed guardian who usually provides for the care (including education and health) of the student in the home country and has the legal right and responsibility to provide that care.
lodged (R2.20 Residence policy and E4.25 Temporary Entry policy)
Refer R2.20 and E4.25
An application is lodged* on the day that 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".
management experience (BI6.5.10 Residence Investor Category)
See 'management experience' Effective 26/07/1999
Refer BI6.5.10
Management experience means experience in the planning, organisation and control of the activities of a business.
management experience (BB3.5.10 Residence Investor category) (26/07/1999)
See 'management experience' Effective 04/07/2005
Refer BB3.5.10
Management experience means experience in the planning, organisation and control of the activities of a business.
mandatory requirements (E4.45.1) (26/07/1999)
This term has been permanently archived.
Refer E4.45.1
Immigration Act 1987 s 14D(1)
Immigration Regulations 1991 reg 6
For the purposes of temporary visa policy, mandatory requirements means that applications must be made on the application form relevant to the type of visa required, which must be completed in full and submitted to a visa officer, together with:
- the applicant's valid passport or travel document, or if this is unavailable, a birth certificate or other identity document; and
- one passport-sized photograph of the applicant; and
- the appropriate fee (if any); and
- evidence of funds for maintenance in New Zealand or evidence of sponsorship; and
- any other information, evidence and submissions the applicant considers show that the applicant should be issued with a temporary visa.
minor (D5.1.1 Investigations)
New Zealand Immigration Act 1987 s 141B
Refer D5.1.1
'Minor*' means a dependent child under the age of 17 years who is unmarried.
New Zealand (for employment purposes) (W2.1.5)
Refer W2.1.5
Immigration Act 1987 s 5(2)
- A person is considered to be undertaking employment in New Zealand if at any time they are employed:
- on or in relation to any artificial island, installation, or structure anywhere within the territorial sea of New Zealand; or
- on or in relation to any artificial island, installation, or structure anywhere within the exclusive economic zone of New Zealand or on or above the continental shelf of New Zealand; or
- on board any craft that is registered in New Zealand and is engaged in activities anywhere:
- within the territorial sea of New Zealand, or
- within the New Zealand exclusive economic zone, or
- on or above the New Zealand continental shelf.
- A person is considered to be undertaking employment in New Zealand whether or not a New Zealand or overseas resident is providing the payment or benefit for the activity.
New Zealand advanced qualification (G3.5.5) (26/07/1999)
This term has been permanently archived.
Refer G3.5.5
- A New Zealand advanced qualification means a New Zealand degree, diploma, certificate, trade qualification, or other course of study that:
- requires completion of a New Zealand base qualification* for entry (or has entry requirements that are a New Zealand base qualification* but are in some instances waived by the issuing institution); and
- has a completion time equivalent to at least one year of full-time training, study or (if a course requirement) work experience.
- Some New Zealand qualifications that do not meet this definition are nevertheless accepted by the NZIS as 'advanced qualifications', namely:
- New Zealand Diploma in Science
- New Zealand Diploma in Surface Coatings Technology
- National Diploma in Accountancy
- Bachelor's degree with Honours
- Postgraduate Diploma.
New Zealand base qualification (G3.5.1) (26/07/1999)
This term has been permanently archived.
Refer G3.5.1
A New Zealand base qualification means a New Zealand degree, diploma, certificate, trade qualification, apprenticeship or other course of study with a completion time equivalent to at least 3 full-time years of training, study or (if a course requirement) work experience, or a combination of these.
New Zealand qualification (G2.20.1) (26/07/1999)
This term has been permanently archived.
Refer G2.20.1
A New Zealand qualification is a qualification that is:
- conferred by a New Zealand institution; and
- obtained by the person undertaking at least half the course requirements in New Zealand.
New Zealand resident (F2.1.10) (26/07/1999)
See this glossary term Effective 29/09/2003
See "New Zealand resident" Effective 07/10/2002
Refer F2.1.10
New Zealand resident* means a person who holds:
- a current* New Zealand residence permit or current* New Zealand returning resident's visa, or
- a valid Australian passport.
New Zealand resident (F2.10.5)
See New Zealand resident Effective 07/10/2002
See "New Zealand resident" Effective 26/07/1999
Refer F2.10.5
New Zealand resident* means a person who:
- holds a current* New Zealand residence permit or current* New Zealand returning resident's visa; or
- holds a valid Australian passport.
- 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:
- holders of valid Australian passports who do not hold a current* New Zealand residence permit or current* New Zealand returning residents' visa;
- 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;
- 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.
- 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.
New Zealand resident (F2.5.5 Residence Spouse policy) (07/10/2002)
See this glossary term Effective 29/09/2003
See "New Zealand resident" Effective 26/07/1999
Refer F2.5.5
New Zealand resident* means a person who:
- holds a current* New Zealand residence permit or current* New Zealand returning resident's visa; or
- holds a valid Australian passport.
- Despite (a) above, the following people are defined as New Zealand residents for the purposes of spouse 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 spouse policy is made* and at the time of assessment of the application:
- holders of valid Australian passports who do not hold a current* New Zealand residence permit or current* New Zealand returning residents' visa;
- 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;
- 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.
- 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 F2.10.5.
ongoing and sustainable employment (F6.5.25)
See F6.5.25
- Employment is ongoing and sustainable if it is:
- an offer of employment or current employment with a single employer and permanent, or indefinite, or for a stated term of at least twelve months with an option for the employee of further terms, and of which the employer is in a position to meet the terms specified; or
- employment on a contract basis where the applicant:
- has a consistent history of contract work, and
- has a current contract for services, and
- 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.
ongoing employment (G4.15.15 Residence General Skills category) (19/09/2002)
Refer G4.15.15
Employment is ongoing if it is:
- permanent, or
- indefinite, or
- for a stated term of at least 12 months with an option for the employee of further terms.
owning a business (BI6.5.5 Residence Investor Category)
See 'owning a business' Effective 26/07/1999
Refer BI6.5.5
Owning a business means owning at least 25 per cent of a business.
owning a business (BB3.5.5 Residence Investor category) (26/07/1999)
See 'owning a business' Effective 04/07/2005
Refer BB3.5.5
Owning a business means owning at least 25% of a business.
partner (E4.1.10 Temporary Entry)
See 'partner (Temporary Entry) Effective 29/09/2003
Refer E4.1.10 Temporary Entry policy
Immigration Regulations 1999 reg 20
- For the purpose of inclusion in an application, or where a person otherwise relies on such a relationship for the purpose of obtaining a temporary visa or permit, 'partner' means:
- a person who is legally married
- a person who is in a civil union relationship (whether same sex or heterosexual), or
- a person who is in a de facto relationship, (whether same sex or heterosexual) with,
- a principal applicant* in an application for a temporary visa or permit, or
- a person who is a New Zealand citizen or resident*, or
- a person who is an applicant for, or the holder of a student or work visa or permit.
- References to 'partner' in temporary entry policy mean 'partner' as defined in (a) above.
partner (E4.1.10 Temporary Entry) (29/09/2003)
See 'partner' (Temporary Entry) Effective 04/07/2005
Refer E4.1.10 Temporary Entry policy
Immigration Regulations 1999 reg 20
- For the purpose of inclusion in an application, or where a person otherwise relies on such a relationship for the purpose of obtaining a temporary visa or permit, 'partner' means:
- a person who is legally married to, or
- a person who is in an interdependent partnership akin to a marriage, (whether same sex or heterosexual) with,
- a principal applicant* in an application for a temporary visa or permit, or
- a person who is a New Zealand citizen or resident*, or
- a person who is an applicant for, or the holder of a student or work visa or permit.
- References to 'partner' in temporary entry policy mean 'partner' as defined in (a) above.
partner (R2.1.10 Residence)
See 'partner (Residence)' Effective 29/09/2003
Refer R2.1.10 Residence policy
Immigration Regulations 1999 reg 20
- For the purpose of inclusion in a residence application, 'partner' means:
- a person who is legally married to, or
- a person who is in a civil union partnership (whether opposite or same sex), or
- a person who is in a de facto relationship, (whether opposite or same sex) with,
the principal applicant*.
- References to 'partner' in Government residence policy mean 'partner' as defined in (a) above.
- A partner who does not meet the criteria in (a) above may not be included in a principal applicant's* application and must apply for residence as a principal applicant* in their own right.
partner (R2.1.10 Residence) (29/09/2003)
See 'partner (Residence)' Effective 04/07/2003
Refer R2.1.10 Residence policy
Immigration Regulations 1999 reg 20
- For the purpose of inclusion in a residence application, 'partner' means:
- a person who is legally married to, or
- a person who is in an interdependent partnership akin to a marriage, (whether same sex or heterosexual) with,
the principal applicant*.
- References to 'partner' in Government residence policy mean 'partner' as defined in (a) above.
- A partner who does not meet the criteria in (a) above may not be included in a principal applicant's* application and must apply for residence as a principal applicant* in their own right.
passport (A2.1.1 Administration)
See A2.1.1
A passport is a document that:
- is issued on behalf of the government of any country; and
- establishes the identity and nationality of the holder; and
- gives the holder the right to enter the country whose government has issued the document.
permit (E3.5.1) (26/07/1999)
This term has been permanently archived.
Refer E3.5.1
Immigration Act 1987 ss 2(1), 4(2)
A permit is an endorsement by an immigration officer in a passport or a certificate of identity, which confirms that the holder:
- is a person who requires a permit to be in New Zealand, and
- may lawfully remain in New Zealand while the permit is current*.
personal use (BI7.25.5 Residence Investor Category)
See 'personal use' Effective 20/11/2002
Refer BI7.25.5
Personal use includes, but is not limited to, investment in assets such as a personal residence, car, boat or similar.
personal use (BB4.1.5 Residence Investor category) (20/11/2002)
See 'personal use' Effective 04/07/2005
Refer BB4.1.5
Personal use includes investment in assets such as a personal residence, car, boat or similar.
policy (E4.45.1) (26/07/1999)
This term has been permanently archived.
Refer E4.45.1
Immigration Act 1987 s 14D(1)
Immigration Regulations 1991 reg 6
For the purposes of temporary visa policy, mandatory requirements means that applications must be made on the application form relevant to the type of visa required, which must be completed in full and submitted to a visa officer, together with:
- the applicant's valid passport or travel document, or if this is unavailable, a birth certificate or other identity document; and
- one passport-sized photograph of the applicant; and
- the appropriate fee (if any); and
- evidence of funds for maintenance in New Zealand or evidence of sponsorship; and
- any other information, evidence and submissions the applicant considers show that the applicant should be issued with a temporary visa.
policy (R2.1.1) (26/07/1999)
This term has been permanently archived.
Refer R2.1.1
- The principal applicant* is the person who is declared to be the principal applicant* on the residence application form.
- When the application is assessed, the principal applicant* will be the person assessed against the Government residence policy criteria, unless policy indicates otherwise.
positions advertised nationally (W4.5.1) (26/07/1999)
This term has been permanently archived.
Refer W4.5.1
Positions are advertised nationally if:
- they are advertised:
- by the particular employer requesting approval in principle, or
- as part of "generic" advertising for such positions on behalf of one or more employers; and
- they are advertised in The New Zealand Herald, The Dominion, The Press, The Nelson Mail, and The Otago Daily Times; and
- the advertisements contain information on:
- the number of positions available, and
- the nature of each position, and
- how long the positions last, and
- the qualifications and experience required by each crew member being recruited.
principal and non-principal applicants (X4.5 Residence Returning Resident's policy)
Refer X4.5
- Under returning residents' visa policy, principal applicant means the principal applicant of the original residence application.
- Non-principal applicants means the non-principal applicants included in that application.
- 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)).
- If an non-principal applicant applies for an RRV, and the principal applicant:
- does not lodge an application, or
- is declined an RRV, or
- does not hold an RRV,
then, unless X4.5.1 (spouse 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).
- 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.
principal applicant (R2.1.1 Residence)
Refer R2.1.1
- The principal applicant* is the person who is declared to be the principal applicant* on the residence application form.
- When the application is assessed, the principal applicant* will be the person assessed against the Government residence policy criteria, unless policy indicates otherwise.
refugee (C1.1.1) (26/07/1999)
This term has been permanently archived.
Refer C1.1.1
Convention Relating to the Status of Refugees, Article 1, section A(2)
Refugees are persons who:
- because of a well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion, are outside the country of their nationality and unable or unwilling to seek the protection of that country; or
- because they have no nationality and are outside the country of their former habitual residence, are unable or unwilling to return to it.
relocating business (BE2.1.1) (04/02/2002)
This term has been permanently archived.
Refer BE2.1.1
A relocating business is a business that proposes to operate in New Zealand, and which the business immigration specialist is satisfied is genuine.
Note: The business's proposed relocation need not involve stopping operations in its home country.
self-employment (BC2.1 Residence Long-term Business/Visa Permit category)
See 'self-employment' Effective 20/11/2002
Refer BC2.1
- 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*.
- Substantial investment is defined as the purchase of 25% or more of the shareholding of a business.
- For the avoidance of doubt, Self-employment does not include involvement of a passive or speculative nature.
self-employment (BC2.1 Residence Long-term Business/Visa Permit category) (20/11/2002)
See 'self-employment' Effective 04/07/2005
Refer BC2.1
- 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*.
Note: Substantial investment is defined as the purchase of 25% or more of the shareholding of a business.
- For the avoidance of doubt, Self-employment does not include involvement of a passive or speculative nature.
semi-active investment (BK4.45.15 General (Active) Investor Category)...
semi-active investment (BK4.45.15 General (Active) Investor Category) (BK6.20.40 Professional Investor Category) (BK7.10.40 Global Investor Category)
A semi-active investment is a direct or indirect investment (including managed funds) in the equity of an existing lawful enterprise(s) which undertakes significant economic activity in New Zealand and does not qualify as an active investment*.
single (F5.5.1 Residence Dependent child policy)
See 'single' Effective 29/09/2003
See 'single' Effective 01/10/2001
Refer F5.5.1 Residence Dependent child policy)
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.
single (F5.5.1 Residence) (29/09/2003)
See 'single' Effective 04/07/2005
See 'single' Effective 01/10/2001
Refer F5.5.1 Residence Dependent child policy)
A person is single* if they are not legally married or not living in a partnership akin to a marriage whether same sex or heterosexual.
Note: For the purposes of this policy partnerships are considered to exist irrespective of duration.
single (F5.5.1 Residence Dependent child policy) (01/10/2001)
See 'single' Effective 04/07/2005
See 'single' Effective 29/09/2003
Refer F5.5.1
A person is single* if they are not legally married or not living in a de facto relationship that is in the nature of a marriage.
Note: 'De facto relationship' in this definition includes relationships that would not meet the definition of 'de facto partner' in R2.1.20. The difference is that in this definition, de facto relationships may exist irrespective of duration.
supervisory experience (BB3.5.15 Residence Investor category)
Refer BB3.5.15
Supervisory experience means having line management responsibilities in a business where such responsibilities involve the planning, organisation and control of the activities of that business.
tax resident status (X4.15) (26/07/1999)
This term has been permanently archived.
Refer X4.15
Under Returning residents' visa policy, tax resident status means tax residence status in New Zealand, as confirmed by the New Zealand Inland Revenue Department (IRD).
transit passengers (N1.1) (26/07/1999)
This term has been permanently archived.
Refer N1.1
Immigration Act 1987 ss 2, 129
Transit passengers are persons who:
- arrive in New Zealand from another country while in transit to another overseas destination; and
- throughout the whole period (up to a maximum of 24 hours from the time of arrival) during which they are in New Zealand, remain:
- on board the craft they came to New Zealand on, or
- in a Customs place (ie, in the port or airport secure area), or
- in the custody of the police.
unencumbered funds (BI7.10.5 Residence Investor Category)
Refer BI7.10.5
Unencumbered funds are:
- funds that are not subject to any mortgage, lien, charge and/or encumbrance (whether equitable or otherwise) or any other creditor claims whatsoever; and
- funds that can be transferred lawfully, and the transfer is in accordance with the policy at BI9.5.
visa (E3.1.1) (26/07/1999)
This term has been permanently archived.
Refer E3.1.1
Immigration Act 1987 s 14A
- A visa is an endorsement by a visa officer in a passport or a certificate of identity that indicates that the visa officer, at the time of issuing the visa, knows of no reason why the holder of the passport or certificate of identity should not be granted the relevant permit.
- A visa merely entitles a person to travel to New Zealand and is not, nor does it have the effect of, a permit; nor does it entitle the holder to a permit as of right.
- A temporary visa authorises the granting of a temporary permit until a specified date or for a specified time (the time to be specified in months rather than weeks if possible), provided that an application has been made and any conditions stipulated in the visa have been met.