S4.10 Refugee Family Support Category (29/11/2010)

S4.10.1 Objective

The objective of the International/Humanitarian Stream is to enable New Zealand to meet its international and humanitarian obligations.

The objective of the Refugee Family Support Category is to facilitate the successful resettlement of refugees and protected people resident in New Zealand by providing them with an opportunity to sponsor family members who do not qualify for residence under any other category of residence instructions.

Note: The Refugee Family Support Category replaces the Refugee Family Quota.

S4.10.5 Number of places available under the Refugee Family Support Category

1. The number of places available for sponsored persons under the Refugee Family Support Category (including any family members included in their registration) is set at 300 per year.
2. For the purposes of these instructions, a year consists of the 12 month period from 1 July to 30 June.

S4.10.10 How do people qualify for residence under the Refugee Family Support Category?

1. A principal applicant and their partner and dependent children qualify for residence under the Refugee Family Support Category if:
   1. their sponsor's registration is selected from the Refugee Family Support Category tier one queue (see S4.10.30); or
   2. their sponsor's registration is drawn from the Refugee Family Support Category tier two ballot (see S4.10.40); and
   3. they are not eligible for a residence class visa in New Zealand under any other category of Government residence; and
   4. they meet health and character requirements (see A4 and A5); and
   5. their application is made within 12 months of Immigration New Zealand's (INZ) advice to their sponsor that the sponsor's registration has been selected from the Refugee Family Support Category tier one queue or drawn from the Refugee Family Support Category tier two ballot.
2. In each case their sponsor must meet 'eligible sponsor' requirements set out at S4.10.15; and
   1. the requirements for tier one sponsors (see S4.10.20(d)); or
   2. the requirements for tier two sponsors (see S4.10.20(e)).

S4.10.15 Eligible sponsors under the Refugee Family Support Category

1. For the purpose of Refugee Family Support Category, an 'eligible sponsor' is a New Zealand citizen or resident who:
   1. was granted a residence class visa in New Zealand on the basis of their status as a refugee or protected person; and
   2. has not sponsored any other principal applicant who has obtained a resident visa in New Zealand under the Refugee Family Support Category (or Refugee Family Quota); and
   3. is in New Zealand; and
   4. is aged 18 years or over.
2. Sponsors aged 18 to 24 must be able to satisfy an immigration officer that they are able to meet the undertakings given in the sponsorship form.

S4.10.20 Two tier registration system for sponsors

1. Registrations from tier one sponsors (see (d) below) will be given first access to available places under the Refugee Family Support Category by entry into the tier one queue.
2. Registrations will be selected from the tier one queue in order of their entry to that queue until the annual number of places available under the Refugee Family Support Category is met.
3. If the annual number of places available under the Refugee Family Support Category is not filled by people included in tier one registrations selected from the queue, INZ will, for the purpose of filling remaining places, call for tier two sponsors (see (e) below) for the tier two ballot within a specified period.
4. A tier one sponsor is an 'eligible sponsor' who:
   1. wants to sponsor their parent, grandparent, grandchild, uncle, aunt, nephew, niece, adult sibling or adult child, and that person's partner and/or dependent children for a resident visa under the Refugee Family Support Category; and
   2. has no other 'family member' who is eligible for residence in New Zealand under any other category of residence instructions; and either
   3. has no 'immediate family' living lawfully and permanently in New Zealand; or
   4. is the 'sole carer' of a dependent relative or dependent relatives in New Zealand (see S4.10.55.10).
5. A tier two sponsor is an 'eligible sponsor' who:
   1. has 'immediate family' in New Zealand; and
   2. wants to sponsor their parent, adult sibling, adult child, or grandparent (if that grandparent is the sponsor's legal guardian, see S4.10.55.15), and that person's partner and dependent children for residence under the Refugee Family Support Category; and
   3. has no other 'family member' who is eligible for residence in New Zealand under any other category residence instructions; and
   4. is a New Zealand citizen or the holder of a current residence class visa that is not subject to conditions under section 49(1) of the Immigration Act 2009; and
   5. has been a New Zealand citizen and/or the holder of a residence class visa for at least three years immediately preceding the date the Registration Form for Refugee Family Support Category Sponsor is lodged; and
   6. in each of the three 12 month portions within that three-year period, has spent a total of 184 days or more in New Zealand.

Note: For the purposes of these instructions 'immediate family' means a sponsor's partner, parent, or child (excluding any child who is dependent in terms of R2.1.30).For the purposes of these instructions, 'family member' means a sponsor's partner, parent, child, grandparent, grandchild, uncle, aunt, nephew, niece or adult sibling.

S4.10.25 Registration process for tier one sponsors

1. Eligible sponsors who meet the requirements for tier one sponsors set out at S4.10.20(d) above may register with INZ to sponsor their parent, grandparent, grandchild, uncle, aunt, nephew, niece, adult sibling or adult child, and that person's partner and/or dependent children for residence under the Refugee Family Support Category tier one queue.
2. Registrations must be made on the Registration Form for Refugee Family Support Category Sponsor, available on the INZ website (www.immigration.govt.nz) or from onshore branches of INZ.
3. Registrations must be submitted by mail to the address specified on the Registration Form for Refugee Family Support Category Sponsor.
4. A fee is payable for registration.
5. Subject to the provisions of S4.10.50, registrations from sponsors who meet the tier one sponsorship requirements set out at S4.10.20(d) above may be entered into the Refugee Family Support Category tier one queue if the form is fully completed, signed by the sponsor, and accompanied by any documents or evidence as required by the registration form.

S4.10.30 Selection process for tier one sponsors

1. Registrations will be selected from the tier one queue in chronological order from the date that the registration was entered into the tier one queue until the appropriate number of potential applicants to meet the number of available places within the annual period has been met.
2. If the number of potential applicants included in registrations in the tier one queue exceeds the number of available places within the annual period, INZ will delay the selection of further registrations until places become available in the next annual period.
3. Tier one sponsors with registrations entered into the tier one queue must notify INZ of any change in their circumstances while they are in the queue.
4. Sponsors whose registrations have been selected from the tier one queue will be notified by INZ that their registration has been successful and must advise the potential applicants whom they are sponsoring to lodge a full application under the Refugee Family Support Category to the appropriate receiving office of INZ. Such applications must be made within 12 months after the date of the INZ notification to the sponsor. Any applications received outside that time limit will not be accepted.

S4.10.35 Registration process for tier two sponsors

1. Eligible sponsors who meet the requirements for tier two sponsors set out at S4.10.20(e) above may register with INZ within a set registration period to sponsor their parent, adult sibling or adult child, or grandparent (if that grandparent is the sponsor's legal guardian, see S4.10.55.15), and that person's partner and dependent children for residence under the Refugee Family Support Category tier two ballot.
2. The Refugee Family Support Category tier two ballot registration period will be announced by INZ prior to the registration period opening, if and when places are available for tier two potential applicants (places will be available if the number of potential applicants included in registrations in the tier one queue is less than the number of available places within the annual period).
3. Registrations must be made on the Registration Form for Refugee Family (www.immigration.govt.nz) or from onshore branches of INZ.
4. Registrations must be submitted during the registration period by mail to the address specified on the Registration Form for Refugee Family Support Category Sponsor.
5. Registrations will be considered to meet the deadline if the envelope containing the registration is post-marked no later than the last day of the registration period.
6. A fee is payable for registration.
7. Subject to the provisions of S4.10.50, registrations that are received by INZ before 5.00pm on the last day of the registration period from sponsors who meet the tier two sponsorship requirements set out at S4.10.20(e) above may be entered into the Refugee Family Support Category tier two ballot, if the form is fully completed, signed by the sponsor, and accompanied by any documents or evidence as required by the registration form.

S4.10.40 Selection process for tier two sponsors

1. As soon as practicable after the closure of the tier two registration period, INZ will conduct an electronic draw.
2. Registrations will be randomly drawn from the tier two pool of registrations, until the appropriate number of potential applicants to meet the number of available places within the annual period has been met.
3. Sponsors whose registration is not drawn within a particular annual period may register again within subsequent tier two registration periods at a reduced fee.
4. Sponsors whose registrations have been drawn from the tier two pool will be notified by INZ that their registration has been successful and must advise the potential applicants whom they are sponsoring to lodge a full application under the Refugee Family Support Category to the appropriate receiving office of INZ. Such applications must be made within 12 months after the date of the INZ notification to the sponsor. Any applications received outside that time limit will not be accepted.

S4.10.45 Inclusion in registration of immediate family members of the sponsored principal applicant

1. Where the sponsored person has a partner and/ or dependent children, all of those people must be included in the registration made by the sponsor.
2. If a registration is selected or drawn, only the partner and/or dependent children included in the registration may be included in the resulting application for a resident visa under the Refugee Family Support Category. This limitation applies despite R2.1 concerning the inclusion of family members in an application.
3. Any partner and/or dependent children who were eligible for inclusion in the registration but were not included must not subsequently be granted a residence class visa under the Partnership or Dependent Child Categories.
4. Nothing in (b) or (c) above means that a partner or dependent child who was included in the registration but not in the resulting application for a resident visa may not subsequently be granted residence class visa as a principal applicant under those Family Categories.

Note: Notwithstanding (b) above, in the event that an applicant includes any partner and/or dependent children in their application who were not included in their registration, officers should not apply the limitation referred to in (b) without first providing the principal applicant an opportunity to explain the non-declaration in accordance with R5.15 Explaining discrepancies in family details.

Note: Where a person not eligible to be included at the time of registration is eligible at the time of the application for a resident visa, such as a newborn child, they may be included in the resident visa application as long as R2.1 is met.

S4.10.50 Number of registrations that may be submitted

1. Sponsors must have only one registration in the tier one queue or tier two ballot at any time. Each registration must be in respect of one potential principal applicant and that person's partner and/or dependent children. If a single sponsor lodges more than one registration, the second and subsequent registration forms will not be accepted.
2. Each potential applicant can be included in only one registration in the tier one queue or tier two ballot at any time. If a potential applicant is included in two or more registrations, the second and subsequent registration forms will not be accepted.
3. A registration under the Refugee Family Support Category will not be accepted if:
   1. any of the potential applicants included in that registration have a current application for a residence class visa lodged with INZ under any other category of residence instructions; or
   2. any of the potential applicants included in that registration are eligible for a residence class visa in New Zealand under any other category of residence instructions (see S4.10.10(a)iii).
4. A registration under the Refugee Family Support Category will not be accepted if, at the time the registration is lodged, any of the potential applicants included in the registration are unlawfully in New Zealand or subject to section 150 of the Immigration Act 2009 (concerning refugee or protection status claimants).

Notes:

~ Potential applicants in New Zealand should also be aware that they must be lawfully in New Zealand and not subject to section 150 of the Immigration Act 2009 in order to lodge an application under the Refugee Family Support Category.
~ Where a registration is not accepted for any of the reasons set out in this provision, the registration fee will be returned to the sponsor.

S4.10.55 Definitions

S4.10.55.1 Definition of 'refugee'

For the purpose of Refugee Family Support Category, 'refugee' means a person who was granted a residence class visa in New Zealand under residence instructions by virtue of being either:

1. a Mandate or "Quota" refugee (people determined to be refugees by the United Nations High Commissioner for Refugees (UNHCR)) before arrival in New Zealand); or
2. a Convention refugee (people recognised as refugees by the New Zealand Government under the 1951 Convention Relating to the Status of Refugees and the 1967 Protocol Relating to the Status of Refugees (see C2.5 and C5.15).

S4.10.55.5 Definition of ‘protected person’

For the purpose of Refugee Family Support Category, ‘protected person’ means a person who was granted a residence class visa in New Zealand under residence instructions by virtue of being recognised as having protection status in accordance with New Zealand’s obligations under the:

1. 1984 Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment; or
2. 1966 International Covenant on Civil and Political Rights.

S4.10.55.10 Definition of 'adult child'

In the context of a resident visa application under Refugee Family Support Category, 'adult child' means a child of 18 or older, unless they are dependent (see R2.1.30).

S4.10.55.15 Definition of 'sole carer' [for tier one sponsorship purposes]

1. For tier one sponsorship purposes, a sponsor will be considered to be the sole carer of a dependent relative or relatives in New Zealand if they have the primary responsibility for the day to day care of a dependent relative or relatives in New Zealand, on an ongoing basis.

   Note: A dependent relative can be a sponsor's partner, parent, child, grandparent, grandchild, uncle, aunt, nephew, niece or adult sibling.

2. Evidence that a sponsor is the sole carer includes but is not limited to:
   1. evidence of Accident Compensation Corporation (ACC) payments made to the sponsor (where the sponsor is considered by ACC to be a provider of home help to a sick or injured relative or relatives); and/or
   2. evidence from a District Health Board, General Practitioner or other Health agency which specifies the sponsor as a carer of a dependent relative or relatives; and/or
   3. evidence from Work and Income that the dependent relative or relatives are on an invalid's benefit; and/or
   4. evidence that the dependent relative or relatives are totally or substantially reliant on the sponsor for financial support whether living with them or not (where the dependent relative(s) are 17 or younger).

S4.10.55.20 Definition of 'grandparent' as a legal guardian [for tier two sponsorship purposes]

For tier two sponsorship purposes, a sponsor's grandparent will be considered as the sponsor's legal guardian if:

1. both the sponsor's parents died before the sponsor attained the age of 20 years; and
2. the grandparent had custody of the sponsor and the right to control the sponsor's upbringing, before the sponsor attained the age of 20 years.

S4.10.60 Evidence

The items listed in S4.10.60.1 to S4.10.60.15 below are examples of relevant evidence. Other documents may also be relevant.

S4.10.60.1 Evidence of identity of applicant(s)

1. For the purposes of the registration process, INZ may accept the statutory declaration made by the sponsor on the Registration Form for Refugee Family Support Category Sponsor (INZ 1094) that the details they have provided of the person(s) being sponsored is true and correct as being sufficient evidence of identity.
2. Other evidence of identity may also be sought by INZ during the registration process.

S4.10.60.5 Evidence of immigration status of sponsors

1. When lodging a registration under the Refugee Family Support Category, sponsors must provide evidence of their immigration status as follows:
2. Evidence that sponsors are New Zealand citizens may include but is not limited to original or certified copies of:
   1. a valid New Zealand passport; or
   2. a Certificate of New Zealand Citizenship; or
   3. a recent official statement of citizenship from the Department of Internal Affairs.
3. Evidence that sponsors are New Zealand residence class visa holders may include but is not limited to original or certified copies of a current New Zealand residence class visa, or evidence they are considered to hold a residence class visa in their passport or travel document.

S4.10.60.10 Evidence of time spent in New Zealand as a citizen and/or holder of a residence class visa

1. When determining the amount of time spent in New Zealand, INZ may refer to INZ records of sponsors' entry to and exit from New Zealand.
2. Other evidence of time spent in New Zealand may also be provided by a sponsor or sought by INZ.
3. When lodging a registration under the Refugee Family Support Category tier two ballot, sponsors may be required to provide current and previous passports as evidence of time spent in New Zealand as a citizen and/or holder of a residence class visa.

Note: Periods during which a person is in New Zealand are calculated inclusive of both arrival and departure dates.

S4.10.60.15 Evidence of relationship to sponsor

1. When lodging their application for a resident visa under the Refugee Family Support Category, principal applicants must provide all available evidence of their relationship to their sponsor.
2. Evidence of parent's, grandparent's, grandchildren's, nephews', nieces', aunts', uncles', siblings' or adult children's, relationship to their sponsor includes but is not limited to original or certified copies of:
   • birth certificates establishing the relationship of the sponsor to the principal applicant; or
   • household registration documents, if these establish the relationship of the sponsor to the principal applicant; or
   • evidence of adoption (see R3), which establishes the relationship of the sponsor to the principal applicant; or
   • documents issued by the United Nations High Commissioner for Refugees (UNHCR) and/or other internationally recognised agencies if these establish the relationship of the sponsor to the principal applicant, or; or other evidence establishing the relationship of the sponsor to the principal applicant.
3. If satisfied that evidence necessary to establish an applicant's relationship to their sponsor is not available or would be unduly difficult to obtain, immigration officers may:
   1. specify another type of evidence to be submitted, such as a statutory declaration; and/or
   2. interview the principal applicant, those included in the application, or other parties involved in the application to verify identity and/or the relationship claimed by the applicant(s); and/or
   3. have the requirements waived by an appropriately delegated immigration officer if, due to the circumstances of the applicant(s), this is considered appropriate.

S4.10.65 Verification of family details

Immigration officers may refer to former applications lodged by applicants, family members of applicants or sponsors, in order to verify declarations made by applicants about their family details (such as the number of family members, the whereabouts of family members, or an applicant's or partner's marital status).

S4.10.70 Undertakings of sponsors

A sponsor must undertake:

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

Effective 29/11/2010