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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.
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.
Must not sponsor for the purpose of receiving a financial reward or a fee.
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.
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.
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.
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.