S1.10 Samoan Quota Scheme (01/07/2012)

S1.10.1 Objective

The Samoan Quota Scheme allows up to 1,100 Samoan citizens to be granted a resident visa each year. The total number of Samoan citizens approved under this category includes principal applicants, their partners and dependent children.

S1.10.5 Criteria for a resident visa

1. To qualify for a resident visa under the Samoan Quota Scheme, the principal applicant must:
   1. be a Samoan citizen (having been born in Samoa or born overseas to a Samoan citizen who was born in Samoa); and
   2. be either in Samoa or lawfully in New Zealand at the time their application for a resident visa is made; and
   3. have their registration drawn from the Samoan Quota Scheme pool; and
   4. lodge their application for a resident visa under the Samoan Quota Scheme within eight months of written advice from INZ that their registration has been drawn from the Samoan Quota Scheme pool; and
   5. have been aged between 18 and 45 (inclusive) at the registration closing date; and
   6. have an acceptable offer of employment, or have a partner included in the application who has an acceptable offer of employment (see S1.10.30 below); and
   7. (if they have dependent children) meet the minimum income requirement (see S1.10.35 below); and
   8. meet a minimum level of English language ability (see S1.10.45 below); and
   9. meet health and character requirements (see A4 and A5).
2. Partners and dependent children of the principal applicant who are included in the resident visa application must also meet health and character requirements for a resident visa (see A4 and A5).
3. An immigration officer may extend the eight month timeframe referred to in paragraph (a)(iv) if the officer believes the special circumstances of the applicant justify such an extension.
4. The Regional Manager (Pacific/Americas), Visa Services may extend the eight month timeframe referred to in paragraph (a)(iv) in relation to a class of applicants if the Regional Manager believes the special circumstances of the class of applicants justify such an extension.

S1.10.10 Registration process for principal registrants

1. Principal registrants may register for entry into the Samoan Quota pool within a set registration period. The dates of the registration period will be announced each year prior to the registration opening.
2. Principal registrants must be aged between 18 and 45 (inclusive) at the registration closing date for their registration to be accepted into the ballot.
3. Registrations must be made on the Registration Form for Samoan Quota Scheme, available on the INZ website (www.immigration.govt.nz/forms) or from branches of INZ.
4. Registrations must be submitted during the registration period to the appropriate receiving office specified on the Registration Form for Samoan Quota Scheme.
5. Registrations will be accepted for entry into the ballot only if they are fully completed, signed by the principal registrant, and accompanied by any documents or evidence specified as required by the registration form.
6. Any registrants who have previously overstayed in New Zealand, but have departed voluntarily, and do not have a removal order or period of prohibition on entry in force in respect of them, can register under the Samoan Quota Scheme.
7. Any registrants included in a registration must either:
   1. be in New Zealand lawfully at the time the registration is made; or
   2. be offshore at the time the registration is made.

S1.10.10.1 Definition of 'principal registrant'

The principal registrant is the person who is declared to be the principal registrant on the registration application form and who intends to be the principal applicant of any resulting resident visa application.

S1.10.15 Inclusion in registration of immediate family members of the principal registrant

1. Where the principal registrant has a partner and/or dependent children all of those people must be included in the registration.
2. If a registration is successful in the pool draw, only a partner and/or dependent children included in the registration may be included in the resulting application for a resident visa under the Samoan Quota Scheme. 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. Despite (b) and (c) above, a partner or dependent child who was included in the registration but not in the resulting application for a resident visa may be granted a residence class visa as a principal applicant under the Partnership or Dependent Child Categories.
5. Notwithstanding (b) above, in the event an applicant includes any partner and/or dependent child in their application who was not included in their registration, officers should allow the principal applicant an opportunity to explain the non-declaration in accordance with R5.15 before applying the limitation referred to in (b).
6. Where a person is not eligible to be included at the time of registration but is eligible at the time of the application for a resident visa (e.g. in the case of a newborn child), they may be included in the resident visa application provided R2.1 is met.

S1.10.20 Number of registrations that may be lodged

Registrants must lodge (or be included in) only one registration within the registration period. If a registration is lodged that includes registrants who are already included in a registration accepted by INZ, the subsequent registration(s) will not be accepted.

S1.10.25 Selection process following closure of registration

1. As soon as practicable following the closure of the registration period, INZ will conduct an electronic draw.
2. Registrations will be randomly drawn from the pool until the appropriate number of potential applicants to fill the number of available places within the annual period has been drawn.
3. Principal registrants whose registrations have been drawn from the pool will be notified by INZ in the month following the draw that their registration has been successful, and will be invited to lodge an application for a resident visa under the Samoan Quota Scheme at the appropriate receiving office of INZ not more than eight months after the date of that advice.

S1.10.30 Acceptable offers of employment

1. Acceptable offers of employment may be in either a skilled or unskilled occupation but must be for ongoing and sustainable employment. Ongoing and sustainable employment is employment with a single employer:
   1. in a job which is permanent, or indefinite, and of which the employer is in a position to meet the terms specified; or
   2. 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.

      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.

2. Acceptable offers of employment must also be:
   1. for full-time employment (employment is full-time if it amounts to, on average, at least 30 hours per week) unless S1.10.35.1 (c) applies; and
   2. current at the time of assessing the application and at the time of grant of the visa; and
   3. genuine; and
   4. for a position that is paid by salary or wages (ie, positions of self-employment, payment by commission and/or retainer are not acceptable); and
   5. accompanied by evidence of professional or technical registration if this is required by law to take up the offer; and
   6. compliant with all relevant employment law in force in New Zealand.
3. An acceptable offer of employment must be from an employer who complies with all relevant employment and immigration law in force in New Zealand. Compliance with relevant New Zealand employment and immigration law will be assessed on the basis of past and current behaviour, and includes, but is not limited to:
   1. paying employees no less than the applicable minimum wage rate; and
   2. meeting holiday and leave entitlements and other minimum statutory requirements; and
   3. meeting occupational safety and health obligations; and
   4. only employing people who are entitled to work in New Zealand.
4. If the principal applicant has dependent children, the offer of employment must also meet the minimum income requirement set out at S1.10.35 below.

S1.10.35 Minimum income requirement

1. Principal applicants with dependent children must show that they will meet the minimum income requirement if they come to New Zealand, which is intended to ensure they can support themselves and their dependent children.
2. The gross minimum income requirement is $31,547.36. This is based on the Unemployment Benefit (married and civil union rate) plus the maximum Accommodation Supplement (as set by the New Zealand Government).
3. The minimum income requirement must be derived from an acceptable offer of employment - see S1.10.30.

S1.10.35.1 Ability to include partner's income as part of the minimum income requirement

1. If both the principal applicant and their partner included in their application have an acceptable offer of employment in New Zealand, both of their wages or salaries may be taken into account when determining if the minimum income requirement is met.
2. In such cases the partner's employment and income will only be taken into account if, at the time the application is assessed, an immigration officer is satisfied the principal applicant and partner have been living together for 12 months or more in a partnership that is genuine and stable (see R2.1.15.1(b) and R2.1.15.5(a)(i)).
3. Where the employment (and income) of both the principal applicant and their partner is used to meet the minimum income requirement, both offers of employment must meet all the requirements in S1.10.30 except that only one has to meet the requirement that the offer be for full-time employment.

S1.10.40 Evidence of employment offer

1. Evidence of an offer of employment is original or certified copies of the following documents:
   1. a written offer of employment; and
   2. a detailed job description; and
   3. an employment agreement entered into by the employer and the principal applicant, stating:
      • the terms of employment; and
      • the hours of work; and
      • the period during which employment may begin.
2. Additional evidence may include, but is not limited to:
   1. any information requested by INZ; and
   2. the results of any verification undertaken by INZ; and
   3. information from the employer or recruitment agency.

S1.10.45 Minimum English language requirement

The interviewing immigration officer determines whether principal applicants meet the minimum English language requirement by assessing whether they are able to:

1. read English; and
2. understand and respond to questions in English; and
3. maintain an English language conversation about themselves, their family or their background.

S1.10.50 Determining applications

1. The immigration officer must sight the original job offer and verify that it is genuine and current by checking:
   1. directly with the employer; or
   2. through the nearest branch office of INZ to the employer in New Zealand; or
   3. by some other appropriate arrangement.
2. The immigration officer must then assess the applicant's English language ability against the criteria at S1.10.45 above.

S1.10.55 Grant of visas

1. If an application for a resident visa under the Samoan Quota Scheme is approved and the applicant is in New Zealand lawfully, a resident visa will be granted.
2. If an application for a resident visa under the Samoan Quota Scheme is approved and the applicant is in Samoa, the principal applicant will be granted with a resident visa with travel conditions allowing first entry within three months, while the partner and dependent children will be granted resident visas with travel conditions allowing first entry within 12 months.

Effective 01/07/2012