F4.5 Definitions (29/11/2010)

F4.5.1 Definition of 'lawfully and permanently'

People who are lawfully and permanently in a country are either:

1. citizens of that country, or persons who have the right of, or permission to take up, indefinite residence in that country; and actually residing in that country; or
2. 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, indefinite residence, for the purpose of determining whether an applicant meets parent category 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.

F4.5.5 Definition of 'dependent child'

For the purpose of Parent Category, and despite the definition in section 4 of the Immigration Act 2009, a child is dependent if:

1. he or she is:
   1. aged 18 to 24, with no child(ren) of his or her own; and
   2. single and
   3. totally or substantially reliant on their parent(s) for financial support, whether living with them or not; or
2. he or she is:
   1. aged 17 or younger; and
   2. single and
   3. totally or substantially reliant on their parent(s) for financial support, whether living with them or not.
3. When determining whether a child of 18 to 24 years of age is totally or substantially reliant on their parent(s) for financial support, 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.

F4.5.10 Definition of 'adult child'

In the context of Parent Category, 'adult child' means a child of 18 or older, unless they are dependent (see F4.5.5).

F4.5.15 Definition of 'adult child for sponsorship purposes'

1. For sponsorship purposes, 'adult child' means a child of 18 or older.
2. However, children aged 18 to 24 must only be considered as 'adult children for sponsorship purposes' if they can satisfy an immigration officer that they are able to meet the Sponsorship Undertakings (see R4.5) and the minimum income requirement (see F4.1.1).

F4.5.20 Definition of 'centre of gravity'

A family's centre of gravity is in New Zealand if either:

1. 1. the principal applicant parent has no dependent children (see F4.5.5 above); and
   2. the number of their adult children (see F4.5.10 above) lawfully and permanently (see F4.5.1 above) 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
2. 1. the principal applicant parent has dependent children; and
   2. 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
   3. the number of their dependent children is equal to or fewer than, the number of their adult children who are lawfully and permanently in New Zealand.

Note: the following tables show examples of how the 'centre of gravity' principle is applied.

PARENT WITH NO DEPENDENT CHILDREN

PARENT WITH DEPENDENT CHILDREN

Effective 29/11/2010