2012-Oct 05: Parent Category queries

Visa Pak 85 - Clarification about Parent Category instructions: sponsor eligibility, assets held in New Zealand, sponsor's income, and transfer of funds.

Visa Paks

5 October 2012

Operational Policy and Operations Support have received a number of requests for advice and clarification regarding the new Parent Category instructions. Outlined below are answers to common enquiries.

Sponsor eligibility

A number of queries have been received regarding people who want to submit EOIs before their sponsor has met the 3 year residence requirement. The requirement for the sponsor to be a New Zealand resident for 3 years applies when the application is lodged, not when the Expression of Interest (EOI) is lodged. Therefore parents cannot be stopped from submitting an EOI in anticipation of their sponsor being eligible when they are invited to apply. However, if their sponsor has been a New Zealand resident for less than 2 years and 8 months when they submit their EOI, it is possible their EOI will be declined if it is drawn before their sponsor becomes eligible.

If branches are assessing an EOI where all other criteria appear to be met and the sponsor will meet the three year requirement during the invitation to apply (ITA) window, you may issue an ITA but the ITA letter should clearly state that the application cannot be lodged until after the date on which the sponsor becomes eligible, otherwise it will be declined. If the sponsor will not meet the eligibility requirements during the ITA window then the EOI should be declined.

Assets already in New Zealand

There have been some queries about tier one applicants wanting to use assets already in New Zealand, particularly property, as evidence of settlement funds. Provided that the applicant can provide an acceptable valuation as outlined at F4.40.30.5 (b) then officers can accept these assets as proof of settlement funds.

Sponsor’s income

There have been concerns raised about inflated employment agreements being provided as evidence that a tier one sponsor meets the minimum income requirement of $65,000 for an individual sponsor or $90,000 for a sponsor and their partner.

As outlined at F4.30.1(d) officers may consider factors such as the length of the employment, the terms of employment such as leave provisions and commission payments and the regularity of payments.

Other factors that may be taken into consideration when assessing the sponsor’s employment and ability to earn the specified amount could include but are not limited to:

  • The sponsor’s work history
  • The financial position of the employer

Accessing funds from New Zealand

One of the ways tier one applicants can show evidence of their settlement funds is through funds in an offshore account with evidence that these funds can be accessed from New Zealand.

This means that applicants need to be able to show that they can use these funds whilst in New Zealand. Acceptable evidence will need to be assessed on a case by case basis, however it would be expected that applicant’s would be able to provide a letter from their bank confirming they can access the funds whilst in New Zealand or a similar document.

Transfer of funds

There have been queries about how to assess the transfer of settlement funds from offshore when applicants have been approved in principle. Officers need to be satisfied that the funds have been transferred lawfully. The types of documents that could be considered as evidence include but are not limited to:

  • Original or certified copies of bank statements showing the money leaving the offshore bank and arriving into a New Zealand bank
  • Wire transfer documents
  • Bank letters summarising each transfer