E6.5 Acceptable sponsors

See also Immigration Act 2009, ss 4, 48, 49, 55

1. Whether sponsorship is required for any type of temporary entry class application will be determined in immigration instructions for that type of application (see V2.20 and V2.25 for visitors, U3.20 and U3.25 for students, W2.15, W2.20, WM3 and WR2.15 for workers, and H8).
2. A sponsor for a temporary entry class application must be deemed acceptable by the Minister of Immigration or an immigration officer.
3. An acceptable sponsor must either be a natural person, an organisation, or a government agency (including Crown entities and State Owned Enterprises), defined as follows:
   1. a natural person must be a New Zealand citizen or the holder of a current residence class visa that is not subject to conditions under section 49(1)(a) or section 50 of the Immigration Act 2009; or
   2. an organisation must be registered in New Zealand as a company, incorporated society or charitable trust; or
   3. a government agency must be a government department named in Schedule 1 of the State Sector Act 1988, or a Crown entity as defined in section 7(1) of the Crown Entities Act 2004.
4. Whether natural persons, organisations or government agencies can sponsor a specific type of application will be determined in immigration instructions for that type of application.
5. A sponsor who is not a natural person must nominate an individual as the authorised contact for the purpose of sponsorship.
6. All acceptable sponsors must:
   1. provide written undertakings for the maintenance, the accommodation, and the cost of deportation or repatriation of the applicant (see E6.15); and
   2. meet any other sponsorship requirements specified in the relevant immigration instructions (if any).
7. It is a matter for the absolute discretion of the Minister of immigration or the immigration officer whether a person (or organisation or government agency) is acceptable as a sponsor, and no appeal lies against their decision, whether to any court, the Tribunal, the Minister of Immigration, or otherwise.

Note: for the purpose of sponsorship requirements, Crown entities as defined in section 7(1) of the Crown Entities Act 2004 include Crown agents, autonomous Crown entities and independent Crown entities, Crown entity companies, Crown entity subsidiaries, school boards of trustees, and tertiary institutions.

E6.5.1 Additional criteria for natural persons

1. In addition to the requirement of E6.5(c)(i), to be an acceptable sponsor for a temporary entry class visa application a natural person must:
   1. be ordinarily resident in New Zealand during the term of sponsorship, unless stated otherwise in specific instructions; and
   2. not sponsor for the purpose of receiving a financial reward or fee; and
   3. not have been convicted at any time of an offence under immigration law; and
   4. not have an outstanding debt to the Crown or other third parties as a result of another sponsorship arrangement; and
   5. not sponsor a person if they have previously breached sponsorship obligations; and
   6. not have entered insolvency procedures or be adjudicated bankrupt; and
   7. not be liable for deportation; and
   8. not be a person whose liability for deportation is currently suspended; and
   9. not be serving a custodial sentence or be awaiting sentencing after being convicted of a crime which carries a custodial sentence.

E6.5.5 Additional criteria for organisations

1. In addition to the requirement of E6.5(c)(ii), to be an acceptable sponsor for a temporary entry class visa application an organisation must:
   1. identify a clear link between the organisation’s activities and the purpose for which the applicant is coming to New Zealand; and
   2. not sponsor for the purpose of receiving a financial reward or fee; and
   3. not have been convicted of an offence under immigration law; and
   4. not have any listed directors, trustees or management who have been convicted of an offence under immigration law; and
   5. not have an outstanding debt to the Crown or other third parties as a result of another sponsorship arrangement; and
   6. not have previously breached sponsorship obligations; and
   7. not be in receivership or liquidation.

Note: financial reward does not preclude an employer from sponsoring an employee where the financial reward is the expected profit the employer will make from the employee’s work.

Effective 15/03/2022