2011-Aug 05: Sponsorship (cost recovery process enabled)

Visa Pak 28 - Reminder for staff about Sponsorship and the cost recovery process has been enabled.

Visa Paks

5 August 2011

Sponsorship (cost recovery process enabled)

Under Section 48 of the Immigration Act a sponsor must be:

  • A NZ citizen, permanent resident, or resident; or
  • An organisation that is registered in NZ as a company, an incorporated society, or a charitable trust; or
  • A government agency.

A sponsor who is not a natural person must nominate an individual as the authorised contact for the purposes of sponsorship.

A client may be required to supply a written undertaking from a sponsor. The requirement to provide an undertaking may be imposed by immigration instructions in relation to any type or class of visa or, by the Minister or an immigration offer in relation to a particular visa. The undertaking must be provided in a form approved by the CE.

Staff are encouraged to consider requesting clients be sponsored where the potential risk of overstaying makes this appropriate. It is important to apply the test as to whether clients should be sponsored where there may be a risk of non-compliance with visa conditions e.g. overstaying in NZ, and consideration should be given to requesting such clients provide evidence of sponsorship.

A sponsor’s undertaking may relate to various aspects of a client’s stay in NZ including (but not limited to):

  • employment of the client or any dependents of the client;
  • accommodation of the client or any dependents of the client; 
  • maintenance (including the cost of any publically funded services or benefits e.g. health care) of the client or any dependents of the client;
  • costs of repatriation and/or deportation of the client and any dependants of the client.
    Section 55(3) provides where a sponsor fails to comply with the undertaking given then:
  • the sponsor is liable for any costs incurred by the Crown or third party, including deportation costs, resulting from the failure; and
  • the visa holder is deemed to have breached the sponsorship condition of his or her visa.

Compliance Operations have entered into a contractual arrangement with a service provider to recover deportation costs incurred by the Crown for clients who overstay and are sponsored.