F4.10 Expressions of interest and applications under the Parent Category (to 07/10/2019)

Note: The instructions in this section cease to be effective from 07 October 2019

F4.10.1 Expressing interest in being invited to apply for residence under the Parent Category

1. A person notifies that they are interested in being invited to apply for a resident visa under the Parent Category by submitting an Expression of Interest (EOI) to Immigration New Zealand (INZ) in the prescribed manner. In order to submit an EOI in the prescribed manner, a person must submit to an immigration officer:
   1. a completed prescribed Parent Category EOI form; and
   2. the appropriate fee (if any).
2. By completing an EOI, a person provides a declaration about their and any potential secondary applicant’s:
   1. identity, health and character; and
   2. English language ability or an intention to agree to pre-purchase English for Speakers of Other Languages (ESOL) tuition F4.15); and
   3. relationship to their sponsoring adult child and any other children the applicants have (see F4.20); and
   4. adult child’s eligibility to sponsor them for New Zealand residence under the Parent Category (see F4.25); and
   5. guaranteed lifetime minimum income, settlement funds, or the income of their sponsor, or of their sponsor and their sponsor’s partner F4.30 and F4.35).
3. It is the responsibility of the person submitting the EOI to ensure that the information given is correct in all material respects.

   Note: For the purposes of F4.10.1(b)(v), people submitting EOIs under tier two will only be required to declare their sponsor and/or their sponsor’s partner’s income.

F4.10.5 Implications of providing false or misleading information

See Immigration Act 2009, ss 93 and 158

1. The Immigration Act 2009 provides that there is sufficient grounds to decline an application for a resident visa and for the holder of a resident visa granted under the Parent Category to become liable for deportation in cases of:
   1. the provision of false or misleading information as part of an EOI or associated submission; or
   2. the withholding of relevant potentially prejudicial information from an EOI or associated submission; or
   3. failure to advise an immigration officer of any fact or material change in circumstances that occurs after an EOI is submitted that may affect a decision to invite the person to apply for a resident visa or to grant a resident visa.
2. Information relating to a claim made in an EOI that is factually inaccurate and is relevant to the issuing of an invitation to apply or the assessment of a resident visa application will be considered misleading unless the principal applicant can demonstrate that there is a reasonable basis for making that claim.

F4.10.10 Submission of Expressions of Interest to the Pool

1. EOIs submitted in the prescribed manner may be entered into a pool of Expressions of Interest (the Pool).
2. A person may only have one EOI in the Pool at any time (regardless of the tier of the EOI).
3. Each EOI will be entered into the Pool in either tier one or tier two as indicated in the EOI form.
4. Despite (c) above, if permission is given by the person expressing interest, an EOI may be entered into the alternative tier of the Pool (see F4.10.10(e) and (f)).
5. If a person with an EOI in the Pool under tier two updates their information and becomes eligible to be entered into the Pool under tier one, their EOI will be entered into the Pool under tier one based on the original date the EOI was previously entered under tier two.
6. If a person with an EOI in the Pool under tier one updates their information and is no longer eligible under tier one, but is eligible under tier two, their EOI will be entered into the Pool under tier two based on the original date the EOI was previously entered under tier one.
7. Where a person with an EOI already entered into the Pool updates their information and no longer meets the requirements of the Parent Category under either tier, their EOI will be withdrawn from the Pool and lapsed.

F4.10.15 Selection of Expressions of Interest

1. EOIs will be selected from the pool in the following order:
   1. Tier one EOIs will be selected first and in order based on the date the EOIs were entered into the Pool; and
   2. Residence applications lodged under the Parent and Sibling and Adult Child categories before 16 May 2012 will be selected second, in date order; and
   3. Tier two EOIs will be selected third and in order based on the date the EOIs were entered into the Pool, only if there are no tier one EOIs and no applications that were lodged before 16 May 2012.
2. The ranking of EOIs will change as EOIs enter, or are selected from, the Pool or any given tier of the Pool.
3. EOIs will be selected in sufficient numbers to meet the requirements of the New Zealand Residence Programme (NZRP) at the time of selection (subject to any adjustment to the number or distribution of places in the NZRP determined by the Government) (see R6).
4. EOIs are selected from the Pool periodically on the Government's behalf by the Ministry of Business, Innovation and Employment.
5. Despite F4.10.15 (a) above, with effect from 12 October 2016, no selections will be made from the Pool.

F4.10.20 Invitation to apply for a resident visa under the Parent Category

1. People whose EOIs have been selected from the Pool may be issued an invitation to apply for a resident visa under the Parent Category.
2. An immigration officer may decline an EOI if they are not satisfied claims made within the EOI are:
   1. credible; or
   2. sufficient to meet the requirements of the Parent Category.
3. An immigration officer may, but is not required to, seek further evidence, information and submissions from a person whose EOI has been selected from the Pool, for the purpose of determining whether their claims are credible and whether there are any health or character issues that may adversely affect their ability to be granted a resident visa under the Parent Category.
4. If an immigration officer is not satisfied the claims made in an EOI selected from the Pool under tier one would be sufficient to meet the requirements of the Parent Category under tier one, but believes the EOI would meet the requirements under tier two, the EOI will be re-entered into the Pool under tier two. Despite F4.10.10(d), an immigration officer is not required to gain permission from the person expressing interest in order to do this. The EOI’s place in the Pool will be based on the date the EOI was first entered into the Pool under tier one.
5. In any particular case, the selection of an EOI from the Pool may not result in an invitation to apply for a resident visa under the Parent Category.

   Note: A decision to invite a person to apply for a resident visa under the Parent Category does not guarantee in any subsequent application for a resident visa a positive assessment of any requirements for the Parent Category or generic residence (including health, and character).

6. For the purposes of F4.10.20(d), re-entry into the Pool does not guarantee a person will be invited to apply once their EOI is selected from the Pool under tier two.

F4.10.25 Assessing Parent Category applications

1. A person who is sent an invitation to apply for residence under tier one of the Parent Category may only apply for residence using tier one requirements (see F4.30).
2. A person who is sent an invitation to apply for residence under tier two of the Parent Category may make a Parent Category application using the requirements for either tier one or tier two (see F4.30 and F4.35).
3. Applications received under tier one of the Parent Category
   1. will be assessed against the requirements for tier one at F4.30 and the generic requirements for the Parent Category (sections F4.15 to F4.25); and
   2. despite R5.20(c), cannot be assessed against the requirements for tier two at F4.35.
4. Applications received under tier two of the Parent Category:
   1. will be assessed against the requirements for tier two at F4.35 and the generic requirements for the Parent Category (sections F4.15 to F4.25); and
   2. may be assessed against tier one requirements at F4.30 in accordance with R5.20(c).
5. Applications received under the Parent Category before 16 May 2012 will be processed using the requirements in force at the time they were accepted for processing.
6. Applications under the Parent Category will be approved if the applicants included in the application meet:
   1. health and character requirements applicable at the time their residence application was lodged; and
   2. the additional requirements for the particular tier (see F4.30 or F4.35) on the basis of which they were invited to apply for residence or, in the case of tier one applications, the alternative requirements listed at F4.30 (a), (b) or (c) that were applicable at the time their residence application was lodged; and
   3. the other criteria on the basis of which they were invited to apply for residence.

Effective 12/10/2016