R5.90 Migrant levy (29/11/2010)

See also Immigration (Visa, Entry Permission, and Related Matters) Regulations 2010, regs 26, 27 and 28

1. Under residence instructions, all successful principal applicants and accompanying family members outside of an immigration control area must pay a migrant levy unless exempt. People are exempt from paying the migrant levy if a visa is granted:
   1. to a person who has already paid the migrant levy;
   2. to a refugee or protected person, or on the basis of the person’s relationship with a refugee or protected person; or
   3. under the Samoan Quota Scheme or Special Samoan Quota Places Category, or to citizens of Samoa under the one of the Family Categories; or
   4. under the special instructions for Victims of Domestic Violence; or
   5. under the Skilled Migrant Category if they have previously paid the migrant levy as a consequence of a decision made under the work to residence instructions (Skilled Migrant Category).
2. The migrant levy charge is NZ$310 for everyone five years of age and above for all residence categories, except for those approved under the Pacific Access Category.
3. For those approved under Pacific Access Category and for children under five years in all categories, the migrant levy charge is NZ$155.
4. The maximum total migrant levy payable per application is the sum of the amounts payable by the four oldest people included in the application.
5. The migrant levy:
   1. must be deposited before the grant of the relevant visa; and
   2. is determined at the date it is deposited; and
   3. is in addition to any other amount payable for any other visa; and
   4. may be subject to special direction by the Minister of Immigration.

R5.90.1 Refunds of migrant levy

1. If a migrant levy is deposited but the principal applicant and partner and dependent children included in the application do not enter New Zealand within the validity of their first entry travel condition (or in the case of a person eligible to be granted a visa as a consequence of a decision under the Work to Residence (Skilled Migrant Category) instructions that work visa is not granted), a refund may be granted upon request to INZ. The request must be made in writing.
2. Requests made more than 6 months after the expiry date of the first entry travel condition, or made more than 6 months after advice from the INZ that a person is eligible to be granted a visa as a consequence of a decision made under the Work to Residence (Skilled Migrant Category) instructions, must be declined.
3. Immigration officers who have been delegated the authority to refund the levy (under section 395 of the Immigration Act 2009) 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 resident visas are no longer current; or
   3. (in the case of a person eligible to be granted a visa as a consequence of a decision made under the Work to Residence (Skilled Migrant Category) instruction) that the visa is not granted.)
4. The person who paid the levy will be refunded the appropriate amount.

Effective 29/11/2010