F6.5 Definitions (29/11/2010)

F6.5.1 Definition of 'adult child'

In the context of Sibling and Adult Child Category, 'adult child' means a child of 18 or older unless they are dependent (see F4.5.5).

F6.5.5 Definition of 'immediate family'

1. In the context of Sibling and Adult Child Category, 'immediate family' includes all biological or adoptive parents and siblings of the principal applicant.
2. Step-parents and step-siblings are considered to be part of the principal applicant's 'immediate family' unless the principal applicant provides evidence that these family members have not lived as part of the principal applicant's family unit for a predominant period of the principal applicant's life since the step-relationship was created.

F6.5.10 Definition of 'adult sibling for sponsorship purposes'

1. For sponsorship purposes, adult sibling means a sibling aged 18 or older.
2. However, siblings aged 18 to 24 must only be considered as 'adult siblings for sponsorship purposes' if they can satisfy an immigration officer that they are able to meet their sponsorship undertakings (Refer F6.30.)

F6.5.15 Definition of 'lawfully and permanently'

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

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

Note: If a person is actually residing in a country in which they do not have the right of, or permission to take up, indefinite residence, for the purpose of determining whether an applicant meets Sibling and Adult Child Category they are deemed to be lawfully and permanently in the country in which they were predominantly living in the last 10 years and in which they are entitled to reside lawfully and permanently.

F6.5.20 Definition of 'acceptable offer of employment'

1. Offers of employment are acceptable if they are for ongoing and sustainable employment with a single employer, or for one or more contracts totalling at least 6 months, if the principal applicant has provided evidence of having had at least two years of contract work (see F6.5.25 below); and
2. for full-time employment (see F6.5.30 below); and
3. current at the time of assessing the application and at the time of granting the visa (see F6.20); and
4. genuine; and
5. for a position that is paid by salary or wages (positions of self-employment, payment by commission and/or retainer are not acceptable); and
6. accompanied by evidence of full or provisional registration, if full or provisional registration is required by law to take up the offer; and
7. 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 or other minimum statutory criteria
   ~ meeting occupational safety and health obligations.

F6.5.25 Definition of 'ongoing and sustainable employment'

1. Employment is ongoing and sustainable if it is:
   1. an offer of employment or current employment with a single employer and permanent, or indefinite, or for a stated term of at least twelve months with an option for the employee of further terms, and of which the employer is in a position to meet the terms specified; or
   2. employment on a contract basis where the applicant:
      • has a consistent history of contract work; and
      • has a current contract for services; and
      • INZ is satisfied that such contract work is likely to be sustained.

        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.

F6.5.30 Definition of 'full-time employment'

Employment is full-time if it amounts to, on average, at least 30 hours per week.

Effective 29/11/2010