Immigration Act 2009: Sponsorship

You can also view this page as a PDF document: Sponsorship factsheet PDF [273KB].

This factsheet is also available as an audio recording in the following languages:

Who is this factsheet for?

This fact sheet is for people or organisations who sponsor an applicant, and for applicants who are being sponsored. This fact sheet is also for those who are sponsors and those who are sponsored applicants at the time the new Act is introduced.

What is changing?

The Immigration Act 2009 creates a new, strengthened framework for sponsorship. The new sponsorship framework better protects sponsored individuals and New Zealand taxpayers by ensuring sponsorship requirements and obligations are applied consistently across different categories.

Key changes:

Sponsors are no longer able to choose which part of sponsorship they wish to be accountable for – all sponsors are responsible for all aspects of maintenance, accommodation and repatriation (or deportation) for the sponsored person.
Sponsors are responsible for temporary entry visa holders for the longest of these periods:
- until the sponsored person leaves New Zealand with no valid visa to return (i.e. with no more travel conditions), or
- until the sponsored person gets a new visa with a new sponsor (or a new visa that doesn’t require sponsorship).
The sponsor’s obligations do not end if the sponsored person becomes unlawful – any costs incurred until the sponsored person receives a new visa or leaves New Zealand are the responsibility of the sponsor.
Sponsors are responsible for resident visa holders for a specific period, usually two or five years, according to the residence category the sponsored person applied under.
Sponsors can be organisations or government agencies, as well as individuals. Organisations and government agencies are only eligible to sponsor visitor visas and Talent (arts, culture and sports) visas (both work-to-residence and residence-from-work).
More specific eligibility criteria for all sponsors are introduced (see the table below).
Sponsorship is an ongoing condition of a visa. This means if a sponsor fails to meet their obligations at any time during the validity of the visa, the sponsored person is considered to have breached the conditions of their visa and may become liable for deportation.

New criteria to be an 'eligible sponsor'
Natural person (individual)	Organisation (company, charitable trust or society)
Must be a New Zealand citizen or hold a residence class visa.	Must be a registered New Zealand company, charitable trust or incorporated society. Must nominate an authorised contact person.
Must not sponsor for the purpose of receiving a financial reward or a fee.	Must not sponsor for the purpose of receiving a financial reward or a fee.
Must not have previously been convicted of any offence under immigration law (including, for organisations, any such conviction of their listed directors, trustees or management).	Must not have previously been convicted of any offence under immigration law (including, for organisations, any such conviction of their listed directors, trustees or management).
Must not have an outstanding debt to the Crown or a third party resulting from a previous sponsorship arrangement.	Must not have an outstanding debt to the Crown or a third party resulting from a previous sponsorship arrangement.
Must not have previously breached sponsorship obligations.	Must not have previously breached sponsorship obligations.
Must not be bankrupt or have entered insolvency procedures.	Must not be in receivership or liquidation.
Must not be liable for deportation.
Must not be incarcerated (or awaiting sentencing, once convicted of an offence which may lead to incarceration).
Must be in New Zealand for the duration of the sponsorship period.	Must show a link between the organisation’s activities and the purpose of the sponsored person’s stay in New Zealand.

Government agencies

Government agencies do not have to meet eligibility criteria beyond being a government department under the State Sector Act 1988, or a Crown entity as defined in section 7(1) of the Crown Entities Act 2004.

Consequences of not meeting the new sponsorship obligations

A sponsor breaches their obligations when any costs related to the sponsored person’s maintenance (including medical costs), accommodation or repatriation (or deportation, as the case may be) are not paid by either the sponsored person or the sponsor and are left to be paid by a third party or the Crown.

Since sponsorship is a condition of the sponsored visa, a breach of obligations by the sponsor means a breach of visa conditions by the sponsored person. A visa holder who breaches his or her visa conditions may become liable for deportation.
Any cost incurred by a third party or the Crown also becomes a debt owed by the sponsor. If the cost remains unpaid, the sponsor is liable to be pursued in court to recover that debt.

What happens to those who are already sponsoring a visa-holder when the new Act came into force on 29 November 2010?

Some aspects of the new sponsorship framework are transferred to people who sponsored visa/permit applications under the Immigration Act 1987, if that sponsored visa/permit was still valid when the new Immigration Act 2009 came into force.

Whichever part of sponsorship the sponsor had agreed to be accountable for before the commencement of the Immigration Act 2009 (i.e. before 29 November 2010), becomes an ongoing condition of the sponsored visa. New obligations are not imposed.

Example: A sponsor guarantees accommodation for a visitor visa/permit holder who arrives in New Zealand on 10 November 2010. After 29 November 2010, the visitor’s permit is deemed to be a visitor visa under the new Act, and the guarantee of accommodation is automatically considered to be an ongoing condition of that visitor visa. Any breach of this guarantee by the sponsor can lead to the consequences described above in Consequences of not meeting the new sponsorship obligations. However, the sponsor’s obligation remains limited to accommodation only, and the sponsor is not liable for any costs of maintenance or repatriation (or deportation) for the sponsored person.

Further information

More information about sponsorship can be found in the Sponsorship Forms (Sponsorship Form for Residence (1024), Sponsorship Form for Temporary Entry (1025), Talent (Arts, Culture and Sports) Sponsorship Form (1091)), which are available www.immigration.govt.nz/forms.

Disclaimer: Every care has been taken to ensure the information in this factsheet is accurate. While the use of the information in this factsheet may assist you in your application, applications will be assessed by Immigration New Zealand according to the requirements of the Immigration Act 2009.

Page Last Updated: 08 Sep 2011