F4.15 English language requirements for the Parent Category (30/07/2012)

F4.15.1 Minimum standard of English

1. Applications under the Parent Category must be declined if any applicant included in the application has not met the minimum standard of English or the requirements to pre-purchase English for speakers of other languages (ESOL) tuition.
2. Applicants under the Parent Category meet the minimum standard of English if they:
   1. provide a Test Report Form (no more than two years old at the time the application is lodged) from the International English Language Testing System (IELTS) that shows they meet at least two competencies of level 4 or above; or
   2. provide other evidence that satisfies an immigration officer that, taking account of that evidence and all the circumstances of the application, they are a competent user of English (see SM5.5(c)(iii)); or
   3. satisfy the requirements of SM5.10(b)(i) or (iii); or
   4. are citizens of Samoa who have applications assessed under the Parent Category at the Apia Immigration New Zealand (INZ) branch and, after an interview, satisfy an immigration officer that they have sufficient English language ability.
3. When applying (b)(iv) above, the interviewing immigration officer determines if applicants meet the minimum English language requirement by assessing whether they are able to:
   1. read English; and
   2. understand and respond to questions in English; and
   3. maintain an English language conversation about themselves, their family or their background.
4. In any case in terms of (b) above, an immigration officer may require any or each applicant to provide an IELTS certificate. In such cases, the IELTS certificate will be used to determine whether the applicant meets the minimum standard of English.

   Note: Full consideration must be given to all evidence of English language ability provided before a decision to request an IELTS certificate under F4.15.1(d) is made. If an IELTS certificate is requested, the reason(s) behind the decision must be clearly documented and conveyed to the applicant.

F4.15.5 Pre-purchase of English for Speakers of Other Languages (ESOL) tuition

1. Instead of meeting the minimum standard of English, any applicant may pre-purchase ESOL tuition. ESOL tuition must be pre-purchased from the Tertiary Education Commission (TEC) by paying the required charge to INZ (who collect this charge on behalf of TEC).
2. Applicants must pay any ESOL charge due, sign the ESOL Agreement and return it to INZ within the time specified by INZ before a resident visa is able to be granted (see F4.15.20).

F4.15.10 The amount of ESOL tuition to be pre-purchased by non-principal applicants

For the purposes of the Parent Category, the amount of ESOL tuition to be paid is NZ$1,735, which gives an ESOL entitlement of NZ$1,533.33.

F4.15.15 TEC to arrange ESOL tuition

1. The applicant is entitled to tuition to the value of the ESOL entitlement of the ESOL tuition charge. This does not include the INZ and TEC administration costs.
2. TEC advises the applicant of the list of suitable ESOL tuition providers in New Zealand, from which the applicant may nominate one of their own choice.
3. TEC will manage the contract between the ESOL tuition provider and the applicant.
4. The applicant must advise TEC of their New Zealand address.

F4.15.20 Applicant's agreement with TEC

1. Each applicant who pre-purchases ESOL tuition must sign an Agreement with TEC by which they agree, among other things, that they understand the rules for taking up ESOL tuition in New Zealand and the refund provisions.
2. The content of the Agreement is determined by INZ and TEC.
3. Included with the Agreement is a Schedule that sets out the personal details of the applicant and the amount of tuition to be purchased.

F4.15.25 Completion of Agreement

1. When an application for a resident visa is approved in principle, applicants will be given two copies of the Agreement to complete for each person in the application undertaking ESOL tuition.
2. After completion of the Agreement, one copy is retained by the applicant, and the other copy is returned to the relevant INZ processing office with the tuition fee(s).
3. If the Agreement is not signed and returned to INZ within the time specified by INZ, the resident visa application must be declined.
4. The INZ copy of the Agreement should be sent to the TEC.

F4.15.30 Failure to pre-purchase ESOL tuition

Any ESOL tuition fee must be paid before a resident visa may be granted. If the tuition fee is not paid to the INZ within the specified time, the resident visa application must be declined.

F4.15.35 Limited period to use ESOL tuition

1. If ESOL tuition is purchased, the applicant must complete the tuition within five years from the date of payment.
2. ESOL tuition will not be available without further payment, nor will refunds be given, to applicants who do not take up ESOL tuition within the time limits specified at F4.15.35(a).

F4.15.40 Refund of ESOL tuition fees

1. If ESOL tuition fees are paid but the applicant does not take up residence by being a residence class visa holder in New Zealand, a refund of the ESOL tuition fee may be granted upon request to INZ. The request must be made in writing.
2. Requests for refunds must be declined if they are made more than six months after the expiry of the travel conditions allowing travel to New Zealand.
3. Immigration officers considering requests for refunds must be satisfied that none of the applicants included in the application have:
   1. entered New Zealand as residents; or
   2. hold resident visas with current travel conditions.
4. The person who paid the ESOL tuition fee will only be refunded the ESOL entitlement. INZ and TEC administration costs will not be refunded.

Effective 30/07/2012