F4.10 Evidence (29/11/2010)

See also Immigration (Visa, Entry Permission, and Related Matters) Regulations 2010, reg 5

The items listed in F4.10.1 to F4.10.40 below are examples of relevant evidence: other documents may also be relevant.

F4.10.1 Evidence of relationship of parent(s) to children

1. Evidence of a parent’s relationship to their children is original or certified copies of:
   1. birth certificates establishing the relationship of the children to the parent; or
   2. household registration documents, if these establish the relationship of the children to the parent; or
   3. evidence of adoption (see R3), which establishes the relationship of the children to the parent.
2. Other evidence establishing the relationship of the children to the parents may also be provided.

F4.10.5 Evidence of relationship to grandparent where the sponsor's parents are deceased

1. Evidence of sponsor's relationship to their grandparent(s) is original or certified copies of:
   1. birth certificates establishing the relationship of the sponsor to the grandparent(s); or
   2. household registration documents, if these establish the relationship of the sponsor to the grandparent(s); or
   3. evidence of adoption (see R3), which establishes the relationship of the sponsor to the grandparent(s).
2. Other evidence establishing the relationship of the sponsor to the grandparent(s) may also be provided, or requested by an immigration officer.

F4.10.10 Evidence of legal guardianship where the sponsor's parents are deceased

Evidence of legal guardianship of the sponsor includes but is not limited to documents showing that the principal applicant had custody of the sponsor and the right to control the sponsor's upbringing before the sponsor attained the age of 20 such as the following:

• legal documents (such as the sponsor's parent's will) showing that the principal applicant was named as the guardian of the sponsor, to have custody of the sponsor and the right to control their upbringing in the event of the death of the sponsor's biological or adoptive parents;
• a court order granting legal guardianship of the sponsor to the principal applicant (including custody of the sponsor and the right to control their upbringing) after the death of their parents and prior to the sponsor attaining the age of 20 years;
• documents showing that the sponsor lived with the principal applicant after the death of their parents and prior to the sponsor attaining the age of 20 years;
• documents such as medical and school records indicating that the principal applicant acted in the role of a parent for the sponsor after the death of their biological or adoptive parents and prior to the sponsor attaining the age of 20 years.

F4.10.15 Evidence that parents are deceased

1. Evidence that a sponsor's parents are deceased is original or certified copies of death certificates for both parents.
2. Where a death certificate is unobtainable, other documentary evidence must be provided that satisfies an immigration officer that the sponsor's parents are deceased, and the date(s) of their death.
3. A death certificate is considered to be obtainable even if there is a possible delay or expense in obtaining it.

F4.10.20 Evidence of dependence

1. Up to 18 years of age, if a child is unmarried it is presumed to be dependent.
2. For children aged 18 to 24, evidence of actual dependence may be required.

F4.10.25 Evidence of sponsorship

Evidence is a Sponsorship Form for Residence in New Zealand which:

1. confirms that the sponsor meets the requirements for sponsors who are natural persons set out at R4.5 (d).
2. contains the undertakings required (see R4.10); and

F4.10.25.1 Evidence that the sponsor and/or their partner meets the minimum income requirement

1. The minimum income requirement must be met by personal income obtained by the sponsor and/or their partner from:
   1. sustained paid employment; and/or
   2. regular self-employment; and/or
   3. regular investment income.
2. The income must be personal income. Income earned by another legal entity, such as a business or a trust, cannot be included unless it has been paid directly to the sponsor and/or their partner in the form of wages or drawings.
3. When assessing whether the income obtained from the source(s) in (a) above is sustained and/or regular, officers may consider, but are not limited to, such factors as the length of employment, terms of employment and the regularity of payments.
4. Evidence of meeting the minimum income requirement for sponsors (see F4.1.1) may include, but is not limited to, original or certified copies of the following documents:
   • an Inland Revenue Summary of Earnings which shows all income from employment, benefit, pension and withholding payments; and/or
   • wage slips; and/or
   • a current employment contract; and/or
   • bank statements or any other documents from financial institutions.

F4.10.40 Evidence of being 'lawfully and permanently' in a country

1. Evidence that a person is lawfully and permanently in a country may include but is not limited to original or certified copies of:
   • a passport or passport pages showing identity and a visa or permit indicating the holder is entitled to remain indefinitely in that country
   • letters or other documents showing that indefinite residence in another country has been granted
   • a passport or passport pages showing identity and nationality
   • naturalisation or citizenship certificates.
2. If a person does not need a visa or permit to live in their country of residence (eg, European Community nationals living in other European Community countries), principal applicants must provide original or certified copies of:
   • registration cards or certificates from the local police or municipal authority; or
   • confirmation of the person's residence status from an authoritative source such as a municipal, judicial, police or government authority.
3. Under both (a) and (b) above, evidence must also be provided of actual residence in the country. Evidence may include but is not limited to original or certified copies of:
   • correspondence addressed to the person
   • employment references
   • rates demands
   • income tax returns
   • mortgage documents
   • documents showing that household effects have been moved to that country.

Effective 29/11/2010