2013-Aug 23: Tier One Parent Category sponsors on Parental Leave

Visa Pak 125- Advice to staff assessing Tier One Parent Category Resident applications while sponsors on Parental Leave

Visa Paks

23 August 2013

Tier One Parent Category sponsors on Parental Leave

There has been discussion amongst INZ staff on whether someone on unpaid maternity leave meets the sponsorship income requirements for tier one of the Parent Category. It was agreed that Operations Support would provide advice to Offices.

When an Immigration Officer (IO) is assessing a tier one Parent Category application that is reliant on the sponsors income, and the sponsor is, has, or is about to be, on unpaid extended Parental Leave then the IO can be satisfied that the sponsor meets the minimum income threshold, provided they otherwise meet F4.30 Additional requirements for tier one of the Parent Category

Parental leave is unpaid leave provided for by law (provided certain circumstances are met). Female employees giving birth are eligible, and in certain circumstances leave can be transferred to their partner/spouse. It can be up to 52 continuous weeks, less any maternity leave and paid parental leave. Additional enhancements may be provided for in an employment agreement.

Parental leave is provided for by law. It maintains an employee’s employment despite an extended period of leave. In that sense, employment is sustained. The sponsor’s employment can be considered paid employment, even though the sponsor is not currently being paid.

When an IO is assessing the tier one application the IO should be satisfied of the following:

  • that the sponsor would otherwise be earning a minimum of $65,000 per annum or the sponsor and their partner earn a minimum of $90,000 per annum, and
  • evidence from the sponsor to confirm the sponsor entitlement to parental leave e.g. confirmation from their employer that they are taking parental leave for a specified period of time.