2013-Dec 20: Migrant Levy

Visa Pak 142 - Clarification about who must pay the Migrant Levy fees.

Visa Paks

20 December 2013

Migrant Levy

Section 399 of the Immigration Act 2009 provides the legislative framework for the imposition of the Migrant Levy. In particular subsections (1) and (3) relevantly provide:

    "(1)        Any regulations made under section 400 may provide for the imposition and collection of a migrant levy on persons who are granted a visa.
    (3)          Regulations made for the purposes of this section may –
                (a)          specify the categories or classes of migrant who are liable to pay the migrant levy:
                (b)          …"

Where a person is to be granted a residence class visa, whether they are liable for the imposition of the Migrant Levy depends whether they fall within the specified categories or classes of migrant within the regulations. Regulation 26 of the Immigration (Visa, Entry Permission, and Related Matters) Regulations 2010 provides for the collection of the Migrant Levy. Regulation 26(1) states: 
    (1)        A migrant levy of NZ$310 is payable by every person who is granted a residence class visa –
    a. at any time and place other than on arrival in New Zealand at an immigration control area; and
    b. in accordance with any category of immigration instructions; and
    c. whether the person was an applicant for the visa in his or her own right or included in another person’s application."

Advice
Applicants must meet the criteria specified at (1) (a) – (c) to be liable for the imposition of the Migrant Levy.

Deportation appellants who are granted a residence class visa by the IPT having successfully argued that they have exceptional circumstances of a humanitarian nature, where the grant is done without reference to, and outside of immigration instructions, are not liable to pay the Migrant Levy as they do not meet any of the criteria at (1)(a) – (c).

Residence appeal cases that are referred back or determined so that the IPT grants residence would however meet the criteria for the imposition of the Migrant Levy (as these are determined in accordance with immigration instructions).

In Ministerial cases, only when the Minister states that the grant of residence is conditional on the payment of the appropriate fee and Migrant Levy, should these payments be requested.