R5.90 Migrant levy (30/11/2009)

Immigration Regulations 1999 reg 45

1. All successful principal applicants and accompanying family members under:
   1. Family Category (except citizens of Samoa and people applying on the basis of their relationship to a person granted residence under the special policy for refugees), and
   2. General Skills Category, and
   3. Skilled Migrant Category, and
   4. Residence from Work Category, and
   5. Investor Category, and
   6. General (Active) Investor Category, and
   7. Professional Investor Category, and
   8. Global Investor Category, and
   9. Investor 1 Category, and
   10. Investor 2 Category, and
   11. Entrepreneur Category, and
   12. Entrepreneur Plus Category, and
   13. Employees of Relocating Businesses Category, and
   14. Family Quota Category (except citizens of Samoa and people applying on the basis of their relationship to a person granted residence under the special policy for refugees), and
   15. Pacific Access Category, and
   16. Special residence policy for Zimbabwean citizens must pay a migrant levy, unless in the case of a Skilled Migrant Category application, the migrant levy has already been paid prior to a visa or permit being issued or granted as a consequence of a decision under the Work to Residence (Skilled Migrant Category) Policy.
   17. The migrant levy for applicants under the General Skills Category, Skilled Migrant Category, the Residence from Work Category, the Investor Category, the Entrepreneur Category, the Entrepreneur Plus Category, Employees of Relocating Businesses Category, General (Active) Investor Category, the Professional Investor Category, the Global Investor Category, the Investor 1 Category, the Investor 2 Category, the Family Category, the Family Quota Category and the Special residence policy for Zimbabwean citizens is NZ$300 for each person aged 5 and over, and NZ$150 for each person under 5 years of age whose residence visa is issued or residence permit is granted. The maximum migrant levy payable per family for one application is the sum of the migrant levy amounts payable by the oldest four family members included in the application.
2. The migrant levy for applicants under the Pacific Access Category is NZ$150 for each person whose residence visa is issued or residence permit is granted. The maximum migrant levy payable per family for one application is the sum of the migrant levy amounts payable by the oldest four family members included in the application.
3. The principal applicant is notified of the purpose and amount of the migrant levy in the letter advising that their application is approved in principle and must pay the migrant levy before a residence visa is issued or a residence permit is granted.

R5.90.1 Refunds of migrant levy

1. If a migrant levy is paid but the principal applicant and partner and dependent children included in the application do not take up residence (or in the case of a person eligible to be issued and/or granted a visa and/or permit as a consequence of a decision under the Work to Residence (Skilled Migrant Category) Policy that work visa and/or permit is not issued or granted), a refund may be granted upon request to the NZIS. The request must be made in writing.
2. Requests made more than 6 months after the expiry date of any unused residence visa, or made more than 6 months after advice from the NZIS that a person is eligible to be issued and/or granted a visa and/or permit as a consequence of a decision made under the Work to Residence (Skilled Migrant Category) Policy, must be declined.
3. Visa and immigration officers who have been delegated the authority to refund the levy (under section 149(2) of the Immigration Act 1987) must be satisfied that:
   1. the principal applicant and partner and dependent children included in the application have not taken up residence, and
   2. their residence visas and returning residents' visas are no longer current; or
   3. (in the case of a person eligible to be issued and/or granted a visa and/or permit as a consequence of a decision made under the Work to Residence (Skilled Migrant Category) Policy) that the visa and/or permit is not issued or granted.)
4. The person who paid the levy will be refunded the appropriate amount.

Effective 30/11/2009