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F4.1 How do parents qualify for residence? (26/07/1999)
  1. A parent meets parent policy if an adult child of the principal applicant parent who is lawfully and permanently (see F4.1.1 below) in New Zealand sponsors the parent, and either:
    1. the principal applicant parent has no dependent children (see F4.1.10 below) and all of their adult children (see F4.1.20 below) are lawfully and permanently outside the country in which the parent is lawfully and permanently, or
    2. the centre of gravity (see F4.1.5 below) of the principal applicant's family is in New Zealand.
  2. In the context of parent policy, children of the principal applicant and the principal applicant's family include:
    1. all biological or adopted children of the principal applicant , and
    2. any child of the principal applicant's spouse or partner (whether or not the spouse or partner is included in the application), if that child has lived as part of the principal applicant's family unit for a predominant period of the child's life between the time their relationship with the principal applicant began and when the child turned 17 years of age.
  3. Applicants under parent policy must meet health and character requirements policy (see A4 and A5).

F4.1.1 Definition of 'lawfully and permanently'

People who are lawfully and permanently in a country are either:

    1. citizens of that country, or have the right of, or permission to take up, permanent residence in that country, and
    2. actually residing in that country; or
  1. living in a refugee camp in that country with little chance of repatriation.

F4.1.5 Definition of 'centre of gravity'

  1. A family's centre of gravity is in New Zealand if either:
    1. the principal applicant parent has no dependent children, and
    2. the number of their adult children lawfully and permanently in New Zealand is equal to or greater than those lawfully and permanently in any other single country, including the country in which the principal applicant is lawfully and permanently; or
    1. the principal applicant parent has dependent children, and
    2. the number of their adult children lawfully and permanently in New Zealand is equal to or greater than those lawfully and permanently in any other single country, including the country in which the principal applicant parent is lawfully and permanently, and
    3. the number of their dependent children is equal to or fewer than, the number of their adult children who are lawfully and permanently in New Zealand.

Note: the following tables show examples of how the 'centre of gravity' principle is applied.

PARENT WITH NO DEPENDENT CHILDREN

No. of children

In New Zealand

In home country

Third country

Eligible?

2

1

1

-

YES

5

2

1

2

YES

4

1

1

2

NO

6

2

1

3

NO

6

2

2

2

YES

PARENT WITH DEPENDENT CHILDREN

No. of children

In New Zealand

In home country

Third country

Eligible?

2

1 adult

1 dependant

-

YES

4

1 adult

1 adult

2 dependants

-

NO

4

1 adult

2 dependants

1 adult

NO

4

1 adult

1 adult

1 dependants

1 adult

YES

6

2 adults

2 dependants

2 adults

YES

F4.1.10 Definition of 'dependent child'

For the purpose of parent policy, and despite the definition in section 2 of the Immigration Act 1987, a child is dependent if he or she is:

    1. aged 17 to 19, with no child(ren) of his or her own, and
    2. single and
    3. totally or substantially reliant on their parent(s) for financial support, whether living with them or not; or
    1. aged 16 or younger, and
    2. single and
    3. totally or substantially reliant on their parent(s) for financial support, whether living with them or not.

F4.1.15 Evidence of dependence

  1. Up to 17 years of age, if a child is unmarried it is presumed to be dependent.
  2. For children aged 17 to 19, evidence of actual dependence may be required.

F4.1.20 Definition of 'adult child'

In the context of Parent policy, 'adult child' means a child of 17 or older, unless they are dependent (see F4.1.10(a)).

F4.1.25 Definition of 'adult child for sponsorship purposes'

  1. For sponsorship purposes, 'adult child' means a child of 17 or older.
  2. However, children aged 17 to 19 must only be considered as 'adult children for sponsorship purposes' if they can satisfy a visa or immigration officer that they are able to meet the undertakings given in the sponsorship form.

F4.1.30 Undertakings of sponsors

A sponsor must:

  1. undertake to ensure that adequate accommodation in New Zealand is and continues to be available for their relatives; and
  2. if necessary, undertake to provide accommodation during the first 24 months of their relatives' residence in New Zealand; and
  3. if necessary, undertake to provide financial support during the first 24 months of their relatives' residence in New Zealand.

Effective 26/07/1999

SEE ALSO

F4.5 Evidential requirements for parent relationships (26/07/1999)

F4.10 Verification of family details (26/07/1999)

F4.15 Deferring the final decision (26/07/1999)

F4.20 Residence permits with requirements (26/07/1999)

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