S1.50 Special Pacific Access Category Places Policy

S1.50.1 Objective

This policy allows for the grant of residence to citizens of Tonga, Tuvalu, Kiribati or Fiji who made an application for residence under the Residual Pacific Access Category Places Policy and that application had not been decided as at 7 December 2008.

S1.50.5 Criteria for residence

1. To qualify for residence under the Special Pacific Access Category Places Policy, the principal applicant must:
   1. be a citizen of Tonga, Tuvalu, Kiribati or Fiji;
   2. have made an application for residence under the Residual Pacific Access Category Places Policy before 28 November 2005 which was not decided as at 7 December 2008; and
   3. have withdrawn that undecided application after 7 December 2008; and
   4. have an acceptable offer of employment or have a partner, included in the application, who has an acceptable offer of employment (see S1.50.10 below); and
   5. meet the minimum income requirement (see S1.50.15) if they have dependants; and
   6. meet a minimum level of English language ability (see S1.50.20); and
   7. meet health and character requirements (see R4).
2. Principal applicants who are citizens of Tonga must have been born in Tonga or born overseas to a Tongan citizen who was born in Tonga.
3. Principal applicants who are citizens of Kiribati must have been born in Kiribati or born overseas to a Kiribati citizen who was born in Kiribati.
4. Principal applicants who are citizens of Tuvalu must have been born in Tuvalu or born overseas to a Tuvaluan citizen who was born in Tuvalu.
5. Principal applicants who are citizens of Fiji must have been born in Fiji or born overseas to a Fijian citizen who was born in Fiji.
6. Partners and dependent children accepted under this policy must meet health and character requirements policy (see R4).
7. Applications will only be accepted on the Application for Special Pacific Access Category Places Policy form and should be sent to the designated receiving office in New Zealand.
8. Applications that are made in the prescribed manner (that meet all mandatory lodgement requirements) will be processed in the order in which they are received.
9. Applications must be made before or on 31 March 2009.

S1.50.10 Acceptable offers of employment

1. Acceptable offers of employment may be in either a skilled or unskilled occupation but must be for ongoing and sustainable employment. Ongoing and sustainable employment is employment with a single employer:
   1. in a job which is permanent, or indefinite, and for which the employer is in a position to meet the terms specified; or
   2. for a stated term of at least twelve months with an option for the employee of further terms, and for which the employer is in a position to meet the terms specified.

      Note: When assessing whether employment is sustainable, officers may consider, but are not limited to, such factors as the residence status of the employer, the period for which the employing organisation has been established as a going concern, and the financial sustainability of the employing organisation.

2. Acceptable offers of employment must also be:
   1. for full-time employment (employment is full-time if it amounts to, on average, at least 30 hours per week); and
   2. current at the time of assessing the application and at the time of issue of the visa and/or grant of the permit; and
   3. genuine; and
   4. for a position that is paid by salary or wages (ie, positions of self-employment, payment by commission and/or retainer are not acceptable); and
   5. accompanied by evidence of professional or technical registration if this is required by law to take up the offer; and
   6. compliant with all relevant employment law in force in New Zealand.

      Note: Compliance with relevant New Zealand employment law includes but is not limited to:
      ~ a written employment agreement that contains the necessary statutory specified terms and conditions
      ~ paying employees no less than the appropriate adult or youth minimum wage
      ~ meeting holiday and special leave requirements and other minimum statutory criteria
      ~ meeting occupational safety and health obligations.

3. If the principal applicant has dependent children, the offer of employment must also meet the minimum income requirement set out at S1.50.15 below

S1.50.15 Minimum income requirement

1. Principal applicants with dependent children must show that they will meet the minimum income requirement if they come to New Zealand, which is intended to ensure they can support themselves and any dependants.
2. The gross minimum income requirement for the purposes of this policy is $25,585.
3. The salary or wages specified in the acceptable offer of employment (see S1.50.10) must be equal to or more than the gross minimum income requirement.
4. However, if the principal applicant does not have a job offer or if their income does not meet (b) above, their partner's acceptable job offer may be taken into account when determining if the minimum income requirement is met. A visa or immigration officer must be satisfied (at the time the application is assessed) that the principal applicant and partner have been living together for 12 months or more in a partnership that is genuine and stable - see R2.1.15.1(b) and R2.1.15.5(a)(i). The offers of employment must meet all the requirements in S1.50.10, except that only one has to meet the requirement that the offer be for full-time employment.

S1.50.20 Minimum English language requirement

1. Immigration and visa officers determine whether principal applicants meet the minimum English language requirement by assessing whether they are able to:
   1. read English; and
   2. understand and respond to questions in English; and
   3. maintain an English language conversation about themselves, their family or their background.

Effective 08/12/2008