Thursday, 2 May 2013

About these questions

Questions 1-2 are general questions about the Refugee Family Support Category (RFSC).

 

Questions 3-11 cover tier one sponsorship requirements and information for tier one sponsors. 

 

Questions 12-15 cover tier two sponsorship requirements, for sponsors who think they do not meet tier one requirements.

 

Questions 16 onwards apply to all sponsors.

1. What is the RFSC?

The RFSC allows New Zealanders who were granted residence as refugees or protected persons to sponsor a family member and that person’s partner and dependent children for New Zealand residence.  Each year there are 300 places available.

 

Note: The RFSC replaces the previous Refugee Family Quota ballot system.

2. How does the RFSC work?

The RFSC has a two-tier registration system with priority given to tier one sponsors who meet a high threshold of need. 

Overview of the two-tier registration system

• Registrations from tier one sponsors will be given first access to available places by entry into a queue.
• Registrations will be selected from the tier one queue until the annual number of places available is met.
• If the places available annually under RFSC are not filled by people included in tier one registrations and the registrations in the tier two queue cannot fill the remaining quota of places, INZ will call for tier two registrations.
• Family members can apply for residence under this category if their sponsor’s registration is selected from the tier one queue or from the tier two queue.
• Family members then have to apply for a resident visa.

Tier one sponsors

3. Am I eligible to be a tier one sponsor under the RFSC?

To be a tier one sponsor under the RFSC, you must:

• be in New Zealand; and
• be a New Zealand citizen, or the holder of a current residence class visa; and
• have been granted residence in New Zealand on the basis of your status as a refugee or protected person; and
• be aged 18 years or over; and
• either have no ‘immediate family’ living lawfully and permanently in New Zealand, or be the ‘sole carer - Refugee Family Support Category’ of a ‘dependent relative’ or ‘dependent relatives’ in New Zealand; and
• have no other ‘family member’ eligible to be sponsored for residence under any other residence instructions; and
• be an acceptable sponsor under R4.5, except for the requirements at R4.5 (d)(ii) and (iii)
• have not successfully sponsored under the RFSC (or Refugee Family Quota) before, see question 31 for more detail.

4. Who can I sponsor as a tier one sponsor under the RFSC?

If you are a tier one sponsor you may register to sponsor your:

• parent; or
• grandparent; or
• grandchild; or
• uncle; or
• aunt; or
• nephew; or
• niece; or
• adult sibling; or
• adult child,

…and that person’s partner and/or dependent children.

 

That family member must not be eligible for residence under any other category of residence instructions (for example, Skilled Migrant Category).

5. Do I need to have been resident in New Zealand for three years?

No, this is not a requirement for tier one sponsors.

6. What types of evidence should I provide to show that I am a ‘sole carer’ of a dependent relative or dependent relatives in New Zealand?

You are considered to be a sole carer of a dependent relative or relatives in New Zealand if you have the primary responsibility for the day to day care of a dependent relative or relatives in New Zealand, on an ongoing basis.

 

Examples of the types of evidence that you may provide to show that you are a sole carer:

• evidence of Accident Compensation Corporation (ACC) payments made to you (where the you are considered by ACC to be a provider of home help to a sick or injured relative or relatives); and/or
• evidence from a district health board, general practitioner or other health agency which specifies you are the carer of a dependent relative or relatives; and/or
• evidence from Work and Income that the dependent relative or relatives are on an invalid’s benefit; and/or
• evidence from Work and Income that you are in receipt of a ‘Domestic Purposes Benefit- care of sick or infirm’ (DPB- CSI) (where you are caring full-time at home for someone who would otherwise require hospital care, rest home care or residential disability care); and/or
• evidence that the dependent relative or relatives are totally or substantially reliant on you for financial support whether they are living with you or not (where the dependent relative(s) are 16 or younger).  This may include evidence from Work and Income that you are in receipt of a ‘Domestic Purposes Benefit- sole parent’, ‘Unsupported Childs Benefit’, ‘Widows Benefit’ or ‘Orphans Benefit’.

 

Note: If you have immediate family in New Zealand (partner, parent, or adult children), you will also need to provide an explanation of why these family members are unable to assist you in the care of your dependent relative/s.

7. How will the tier one queue be formed?

Approved registrations will be queued in order of receipt and entered into an electronic database.   

8. How will registrations from the eligible tier one sponsors received on the same day be added to the queue?

Registrations received from eligible tier one sponsors on the same day will be entered into the queue in the fairest manner possible. This will involve them being entered into the queue in the order they are received by the processing officer/s.

9. What if I am in the tier one sponsor queue but not immediately invited to apply for residence for my family?

There will be an annual limit of 300 applicants in total for the RFSC (about 70-80 sponsors). 

 

Once we have provisionally entered your registration into the queue you will receive a letter notifying you of your registration number. We will verify the information you have provided in your registration, and if the details that you have provided in your registration form are true and correct, your registration will remain in the tier one queue. If we consider that you are not eligible to be a tier one sponsor, we will contact you.

 

We will select confirmed registrations from the tier one queue until the annual available number of places is met.  If your registration is confirmed, and you are selected from the queue we will write to you and include information on how your family members can make an application for residence.

Latest information on tier one queue progress

• 42 new tier one sponsor registrations (representing 129 people) have been received during the current financial year (from 1 July 2012 to 31 March 2013).
• 42 tier one sponsors (representing 133 people) were issued Invitation to Apply (ITA) for residence letters in the same period (from 1 July 2012 to 31 March 2013).

10. Once I’m in the tier one sponsor queue can I lose my place?

No, your place is guaranteed; you must, however, advise us if any change to your circumstances occurs which may affect your ability to meet tier one sponsorship requirements.

 

Note: Should you decide to change your nominee(s) after your registration has been entered into the tier one queue, you will need to submit another registration form together with the fees. We will write to you about your first registration (see question 20 below).Your second registration will be entered into the queue according to the date that it is received by the processing officer/s.

11. What if I don’t meet the tier one sponsor criteria?

You may be eligible for the tier two category. If there were fewer registrations in the queue than available places for a given year, a second tier will operate for those with a lower threshold of need (tier two sponsors) see questions 12 to 15 for more detail.

Tier two sponsors

12. Can I submit a tier two registration?

No. Immigration New Zealand (INZ) is not currently accepting tier two registrations because we have received sufficient registrations to fill available places for the foreseeable future.

13. What happens if I submit a tier two registration?

Your registration will not be accepted and it will be returned to you without being processed

14. Why isn’t tier two open?

Tier two is not open because the places available under the RFSC can be filled by tier one registrations being received and tier two registrations that INZ has received previously. Each year, INZ has a set quota of 300 places available under the RFSC, from both tiers one and two. Tier one registrations are given priority and are processed before tier two registrations. INZ currently has a queue of tier two registrations. Tier two will only open when the places available under RFSC cannot be filled by people included in tier one registrations and the registrations in the tier two queue.

15. How many tier two registrations will be processed each year?

The number of registrations that are processed in tier two each year will vary.

16. Who can register as a tier two sponsor?

To register as a tier two sponsor under the RFSC, you must:

• be in New Zealand; and
• be a New Zealand citizen, or the holder of a current residence class visa that is not subject to requirements under s49(1) of the Immigration Act 2009; and
• have been granted residence in New Zealand on the basis of your status as a refugee or protected person; and
• be aged 18 years or over; and
• have no other ‘family member’ eligible to be sponsored for residence under any other residence instructions; and
• have not successfully sponsored under the RFSC (or Refugee Family Quota) instructions before; and
• be an acceptable sponsor under R4.5, except for the requirements at R4.5 (d)(ii) and (iii); and
• have been a New Zealand citizen, or the holder of a current residence class visa for at least three years immediately preceding the date your registration is lodged; and
• have spent a total of 184 days or more in New Zealand in each of those three years.

17. What is an acceptable sponsor?

An acceptable sponsor is someone who:

• is not receiving a financial reward or fee for their sponsorship, has not been convicted of an offence under immigration law, at any time,
• does not have an outstanding debt to the New Zealand Crown or other third parties as a result of another sponsorship arrangement,
• has not previously breached their sponsorship obligations,
• has not entered insolvency procedures or been bankrupt,
• is not liable for deportation, or
• is not serving a custodial sentence or awaiting sentencing for a crime which carries a custodial sentence.

18. Who can I sponsor as a tier two sponsor under the RFSC?

If you are a tier two sponsor you may register to sponsor your:

• parent; or
• adult sibling; or
• adult child; or
• grandparent (if that grandparent is your legal guardian),

…and that person’s partner and/or dependent children.

 

That family member must not be eligible for residence under any other category of residence instructions (for example, Skilled Migrant Category).

19. How will tier two work?

Tier two opened for a set period from 17 April 2012 to 19 April 2012 and it is currently closed.

 

Registrations in the current tier two queue will be selected in chronological order from the date the registration was entered into the queue, until the appropriate number of potential applicants for the annual quota have been selected.

 

Sponsors whose registrations have been selected from the tier two queue and appear to meet tier two sponsorship requirements, will be notified by INZ that their registration has been successful. Sponsors will then need to advise those they are sponsoring to lodge a full application under RFSC at the appropriate INZ receiving office or visa application centre.

 

If the places available annually under RFSC are not filled by people included tier one registrations and the registrations in the tier two queue cannot fill the remaining quota of places, INZ will call for tier two registrations for a set period.

20. What is the likelihood of tier two places being available?

Based on the number of registrations currently in the tier two queue, it is estimated that it will be approximately four years before tier two can be opened.

Tier one and tier two sponsors

21. How do I register to be a sponsor?

Registrations must be made on the official registration form Refugee Family Support Category Tier One Sponsor Registration Form (INZ 1094). This form is available on our forms and guides pages, or from onshore branches of INZ.

 

Registrations from tier two sponsors can only be submitted during the set opening period for tier two. Tier two registrations must be made on the Refugee Family Support Category Tier Two Sponsor Registration Form (INZ 1192). The form is available on our forms and guides pages, or from onshore branches of INZ.

22. Where do I submit my sponsor registration?

Registrations should be sent to:

 

Immigration New Zealand
Refugee Family Support Category
PO Box 22315
Otahuhu
Auckland 1640
New Zealand

 

Remember to include the correct fee (see question 26) and any other requested information. All registrations must be sent by mail to the address above.

23. Is there any limit to the number of people I can sponsor?

Yes. You can only sponsor one family member and their partner and dependent children. For example, if you have a brother and sister, you can only sponsor one of them, together with their partner and children. You cannot sponsor both your brother and sister.

 

You must include the partner and dependent children of the person you wish to sponsor in your registration.

 

Only those people included in your initial registration may subsequently be included in a residence application under the RFSC.

 

Note: Any existing partner or dependent children not included in your registration form will not be able to be included in the subsequent residence application. Any existing partner or dependent child not included in your registration form will also not be able to be approved if they apply for residence later under the Partnership or Dependent Child instructions of the Family Category.

However, any child of a principal applicant for residence who is born or adopted after the registration was submitted may be included in the principal applicant’s residence application. The same applies to a new partner if, for example, the partner meets our Family Partnership category requirements after the sponsor’s registration was submitted.

24. What should I include with my registration?

Along with your signed and completed form, you must include:

• the correct registration fee (see question 26); and
• evidence of your immigration status in New Zealand; and
• evidence that you are a New Zealand citizen or residence class visa holder; and
• birth certificates for the family members included in your registration if you are able to provide these; and
• if you are a tier one sponsor who is applying for sponsorship on the basis of meeting the sole carer requirement, you must also include evidence that you are a sole carer (see question 6).

All documents provided must be either certified true copies or originals. For speed of registration processing and document security, we recommend that you provide certified true copies instead of originals. If you want to submit original documents and want them returned to you by secure means, you should supply a pre-paid self-addressed courier envelope. Otherwise we will return any original documents by ordinary mail.

25. How many registrations are allowed?

Only one registration from each sponsor is allowed. In addition, the people you wish to sponsor must not be included in any other registration.

 

If any of the people you wish to sponsor are found to be included in another registration that has already been accepted, your registration will not be accepted.

26. How much does it cost to register as a sponsor?

To find out how much the current registration fee is and where to send your registration, use our office and fees finder.

 

If your registration is selected, the people you have sponsored will need to pay a residence application fee, any costs of medical examinations, police certificates and other required documents. Should the people listed on your registration be granted residence under the RFSC, they are responsible for their own travel arrangements and all living costs in New Zealand.

27. How can I pay the registration fee?

You can pay by bank cheque in New Zealand dollars or by credit card (MasterCard or Visa). Our New Zealand branches do not accept cash. We do not accept money orders.

28. Under what circumstances will my registration not be accepted?

Your registration and fee will be returned to you if any of the people you have included:

• are already included in another sponsor’s registration; or
• have a current residence application under any other category under consideration by Immigration New Zealand at the time your registration is lodged; or
• any of the potential applicants included in that registration are eligible for a New Zealand residence class visa under any other category; or
• are unlawfully in New Zealand at the time your registration is lodged; or
• are currently claiming refugee or protection status in New Zealand.

 

Note: You must have only one registration in the tier one queue or tier two queue at any time. If you lodge more than one registration, the second and subsequent registration forms will not be accepted.

29. Why is my registration fee not refunded if my registration is not successful?

Registration fees pay for the costs that are incurred in processing a registration. The processing costs of successful and unsuccessful registrations are the same.

30. If my registration is selected from the tier one queue or tier two queue, how do the people I have listed qualify for residence under the RFSC?

Your family member and their partner and dependent children may be granted residence under the RFSC if:

• we can confirm that you meet the relevant sponsorship requirements and that your registration has been selected from the tier one queue or tier two queue; and
• they are not eligible for residence in New Zealand under any other category of Government residence instructions with the exception of the Family Quota Category; and
• we can confirm the relationship between you and your family members; and
• they meet health and character requirements; and
• they lodge a residence application within twelve months of advice from INZ to you that your registration has been selected.

31. If my registration is selected, but the people I have listed do not get residence, am I eligible to register again as a sponsor?

Yes. You are only considered to have successfully sponsored someone under the RFSC (or Refugee Family Quota) – and are, therefore, ineligible to sponsor again under this category – if the person you sponsored is consequently granted residence in New Zealand.

32. Who can I contact with further questions?

You can visit your local Immigration branch, or phone:

• 0508 55 88 55 (if you are within New Zealand but outside of Auckland), or
• 09 914 4100 (if you are calling from Auckland), or
• +64 9 914 4100 (if you are calling from outside of New Zealand).