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E4.55 Bonds (29/11/2010)

E4.55.1 Objective of bond

For the purposes of temporary entry instructions, the objective of a bond (see E4.55.5 below) is to facilitate the entry of visitors:

  1. who seek to enter New Zealand for a temporary stay; and
  2. who would not otherwise be accepted for temporary entry because of a risk that they might remain in New Zealand after their temporary visa expires.

E4.55.5 Definition of bond

For the purposes of temporary entry instructions, a bond means a monetary bond intended to manage the risk of a person remaining in New Zealand after their visa expires.

E4.55.10 Bond may be imposed

See also Immigration Act 2009 ss 47, 396, 397

  1. Before granting a visitor visa, the Minister or immigration officer may require payment of a bond from a person who applies from outside New Zealand for a visitor visa.
  2. Because a bond legally is not a fee, a bond may be imposed upon a citizen of a country with which New Zealand has a bilateral fee waiver agreement.
  3. The amount of any bond (see E4.55.30 below) is to be imposed at a level determined or authorised by immigration instructions.

E4.55.15 When bond may be imposed

See also Immigration Act 2009 ss 47, 396, 397

  1. A bond may be imposed only in respect of visitor visa applications.
  2. Normal verification processes must be carried out before a bond can be considered.
  3. A bond may be imposed only to manage an identified risk that the applicant may remain in New Zealand after their visa expires. Other risks (e.g. health or character risks) may also be present in the application, but a bond may not be imposed to manage such risks.
  4. Bonds should be imposed sparingly.
  5. If a person who is outside New Zealand applies in the prescribed manner for a visitor visa, an immigration officer may impose a bond if and only if the officer:
    1. identifies a risk in the particular case that the applicant may remain in New Zealand after their visa expires; and
    2. considers that to manage that risk in the particular case, imposing the bond is:
      • necessary (i.e. without the bond a visa could not be issued); and
      • sufficient (i.e. a bond can manage the identified risk).
  6. The Minister may by special direction provide for an exemption from or refund of any bond, in whole or in part.

E4.55.20 When bond may not be imposed

See also Immigration Act 2009 s 397(9)

  1. No bond of any kind may be imposed on a refugee or protection status claimant for any matter relating to refugee status. Any bond imposed on a person before they became a claimant must be refunded if the person is subsequently recognised as a refugee or protected person.
  2. A bond may not be imposed upon a person who is to be granted a limited visa or transit visa.
  3. No bond may be imposed upon a person who is a citizen of Samoa.
  4. No bond may be imposed in respect of a dependent child (see E4.1.10) of an adult applicant for a visitor visa who is included in that adult applicant's application.
  5. No bond may be imposed in respect of a visitor visa application made outside New Zealand if:
    1. the application can be approved under normal visitor visa instructions; or
    2. imposing a bond cannot manage the risk that the applicant may remain in New Zealand after their visa expires.

E4.55.25 Conditions of bond

See also Immigration Act 2009 s 396

  1. The conditions under which a bond is imposed must be based on or relate to requirements of the relevant immigration instructions, if appropriate, or on other requirements and obligations imposed by or under the Immigration Act 2009, including conditions attached to the relevant visa.
  2. A bond must specify:
    1. the conditions under which it is imposed; and
    2. the situations in which it may be refunded or forfeited, whether in whole or in part.
  3. The conditions which temporary entry instructions currently recognise as available for a bond are those set out in the approved form letter to be given to, and signed by, the applicant.

E4.55.30 Amount of bond

See also Immigration Act 2009 ss 396, 397

  1. Different levels of bond or different methods of determining levels of bonds may be set in respect of different categories of people. Without limiting the manner in which persons may be categorised, categories of people may be determined by having regard to the different regions of the world where their countries of origin or nationality are situated and the costs of travel or repatriation to those regions or countries.
  2. If a bond is imposed in relation to an application, a bond will be imposed upon each individual applicant, except dependent children (see E4.55.20(d)).
  3. The maximum bond per individual applicant is NZ $5,000.
  4. The maximum bond per application is NZ $10,000.

    Bonds

    Region within which country of citizenship of visa applicant is located

    Bond $

    Pacific*

    $2,000

    Asia (excluding India and Pakistan, but including Japan, Indonesia, the Philippines, and Papua New Guinea)

    $3,000

    The Americas, the Caribbean, and Iceland

    $4,000

    Western Europe, Eastern Europe, Middle East, India, Pakistan, Africa

    $5,000

    * The Pacific area includes American Samoa, Australia, Fiji, French Polynesia, Guam, Kiribati, Marshall Islands, Federated States of Micronesia, Palau, Saipan, Solomon Islands, and Tonga, but does not include Hawaii, Indonesia, Japan, Papua New Guinea, or the Philippines.

E4.55.35 Acceptance of conditions of bond

See also Immigration Act 2009 ss 47, 396, 397

  1. If the Minister or an immigration officer intends to impose a bond in respect of an application for a visitor visa made outside New Zealand, the officer must advise the applicant of that intention and the conditions in respect of which the bond is paid by the approved letter (see E4.55.25).
  2. If more than one applicant is to be offered a visitor visa subject to payment of a bond, the offer must be made to each such applicant individually.
  3. The applicant and (if different) the person who pays the bond must signify their acceptance of the bond conditions by completing and signing the approved form setting out those conditions.
  4. If the conditions are not acceptable or the bond is not paid, the immigration officer will make a decision on the visa application based on the available information.

E4.55.40 Payment of bond

See also Immigration Act 2009 ss 396, 397

  1. A bond imposed in respect of an application for a visitor visa made outside New Zealand:
    1. must be paid before a visa is granted; and
    2. is payable in addition to any other amount payable in respect of the application or of the grant of a visa.
  2. A bond is to be paid in New Zealand dollars and will be held in a trust account administered by INZ until refunded or forfeited.
  3. No interest is payable on a bond to the person who paid it.
  4. INZ may apply any interest earned on the money paid towards the cost of administering the bond system, and any surplus interest must be paid into a Crown Bank Account.

E4.55.45 Refund of bond

See also Immigration Act 2009 s 397

  1. A bond may be refunded in full or in part, depending on the actions of the bonded person, or not at all, depending on the actions of the bonded person and/or the person paying the bond (if different).
  2. A bond may be refunded in full only if the bonded person:
    1. remains in New Zealand lawfully at all times; and
      • leaves New Zealand while still holding a valid visa; or
      • is granted a residence class visa; or
    2. gains recognition as a refugee or protected person in New Zealand.
  3. A bond may be refunded in part (subject to special circumstances justifying the full refund of the bond) if the bonded person, having remained in New Zealand after their visa expires, remains unlawfully in New Zealand for less than 6 consecutive months before they:
    1. leave New Zealand voluntarily; or
    2. are granted a residence class visa otherwise than following recognition as a refugee or protected person in New Zealand.
  4. A bond may not be refunded at all (i.e. forfeited in whole) in the circumstances set out in E4.55.50.
  5. A person who is eligible for the refund of a bond must apply for the refund within 12 months of one of the following time frames:
    1. if the bonded person remains in New Zealand lawfully at all times, as soon as the bonded person either:
      • leaves New Zealand; or
      • is granted a residence class visa.
    2. if the bonded person remains unlawfully in New Zealand after their visa expires, when they first become unlawfully in New Zealand.

      Note: the person who is eligible for the refund of a bond does not need to apply for the refund if the bonded person gains recognition as a refugee or protected person in New Zealand because the bond will be automatically refunded in such a case.

  6. An application for the refund of a bond:
    1. must be made in writing; and
    2. must be tendered to an immigration officer; and
    3. must include the name and passport number of the bonded person; and
    4. must be signed by the person who paid the bond; and
    5. may direct that the refund of the bond or any part of it be paid to a third person.
  7. A refund of a bond will be paid either:
    1. to the person who paid it; or
    2. to a person authorised in writing by that person to receive it.
  8. To receive a refund, the person who paid the bond, at the time of completing the approved form, must stipulate how they wish to receive the refund, by either:
    1. a bank draft to an address which they give at the time they complete the approved form; or
    2. a telegraphic transfer to a bank account of which they give the details at the time they complete the approved form.
  9. The bond will be repaid in New Zealand dollars.
  10. The person who paid the bond must bear the risk of any monetary losses resulting from currency exchange rate movements during the period that the bond is held.
  11. No refund may be made until the bonded person:
    1. is no longer in New Zealand; or
    2. (in the case of a temporary entry class visa holder) is granted a residence class visa; or
    3. is recognised as a refugee or protected person in New Zealand.
  12. Any bond imposed upon a person before they became a refugee or protection status claimant must be refunded if they are later recognised as a refugee (see E4.55.60). No application is required for such a refund.
  13. The Minister of Immigration may by special direction provide for an exception from or refund of any bond, in whole or in part.

E4.55.50 Forfeiture of bond

See also Immigration Act 2009 s 397

  1. The Minister or an immigration office may cause a bond imposed under the Immigration Act 2009 to be forfeited.
  2. Except where a person entitled to a refund of a bond fails to apply for the refund within the appropriate time limits (see E4.55.45(a)), in which case the bond is forfeited in whole by law, forfeiture of a bond is at the discretion of the Minister or an immigration officer, who must exercise the discretion by taking into account:
    1. the reason why the bond was imposed; and
    2. the extent to which the conditions of the bond have been met or breached; and
    3. any explanation given about the breach of the bond conditions; and
    4. the estimated cost to the Crown of the breach.
  3. If all or any part of a bond is forfeited, the amount forfeited must be paid into the Crown Bank Account.
  4. The forfeiture of a bond in whole or in part does not affect any other action taken, or that may be taken, in relation to breaching a condition of a temporary entry class visa, including being made liable for deportation.

E4.55.55 When bond may be forfeited

See also Immigration Act 2009 s 397

  1. Unless the bonded person shows good cause why their bond should not be forfeited, NZ $1,000 of a bond may be forfeited if the bonded person remains in New Zealand after their visa expires.
  2. Unless the bonded person shows good cause why their bond should not be forfeited, a bond may be forfeited in whole if:
    1. the bonded person, being unlawfully in New Zealand, is deported from New Zealand at any time; or
    2. the bonded person remains unlawfully in New Zealand for more than 6 consecutive months.
  3. A bond will be forfeited in whole if the person who is eligible to have it refunded fails to apply for the refund within 12 months of the time frames in E4.55.45(e), even if the bonded person fulfils all the conditions of the bond.
  4. E4.55.55(a) to (c) do not apply if the bonded person gains recognition as a refugee or protected person in New Zealand.

E4.55.60 Bonds and refugee or protection status claimants

See also Immigration Act 2009 s 397

  1. No bond of any kind may be imposed on a claimant for any matter relating to refugee or protection status.
  2. Any bond imposed upon a person before that person became a claimant must be refunded if that person is later recognised as a refugee or protected person. No application is required for such a refund.
  3. If that person is not subsequently later recognised as a refugee or protected person, the bond is to be refunded or forfeited (see E4.55.45, E4.55.50 or E4.55.55 above).

Effective 29/11/2010

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