F4.35 Additional requirements for tier two of the Parent Category (to 07/10/2019)

Note: The instructions in this section cease to be effective from 07 October 2019

In addition to the requirements of the Parent Category set out in sections F4.1 to F4.25, applicants under tier two of the Parent Category must meet both of the following requirements:

1. Minimum income of sponsors (see F4.35.1); and
2. Location of applicants’ other adult children (see F4.35.5).

F4.35.1 Minimum income of sponsors

1. In order for an applicant to qualify for residence under tier two of the Parent Category, their sponsor or their sponsor’s partner must have a minimum income of at least $33,675 per annum before income tax. This must be met by personal taxable income that is obtained from one or any combination of:
   1. sustained paid employment; or
   2. regular self-employment; or
   3. regular investment income.
2. The minimum income requirement must be met by personal taxable income. Income earned by another legal entity, such as a company or a trust, cannot be included unless it has been paid directly to the sponsor or their partner in the form of shareholder-employee salary or dividends, or is income derived from the trust.
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. The sponsor’s partner’s income may only be considered if the partner:
   1. has been living with the sponsor for a period of at least 12 months in a partnership that is genuine and stable (see F2.10.1), and they meet the requirements for the recognition of a partnership set out at F2.15; and
   2. has been a New Zealand residence class visa holder for at least three years or is a New Zealand citizen.
5. Sponsors must meet the evidential requirements set out at F4.40.25.1.

F4.35.5 Location of applicants’ other children

In order to qualify for residence under tier two of the Parent Category, all of the applicants’ adult children must live lawfully and permanently outside the country in which the applicant or applicants live lawfully and permanently (see F4.5.1 and F4.40.35).

F4.35.5.1 Deferring the final decision

1. If the principal applicant under tier two has not met the criteria under F4.35.5 at the time of assessment, but may be able to meet the criteria within six months, the final decision on the application may be deferred for up to six months.
2. A principal applicant and a partner included in the application already in New Zealand may be granted a further temporary visa or visas (once an application is made) for a period sufficient to enable a further assessment of their application after the six-month deferral period.

F4.35.10 Sponsors who are New Zealand Government beneficiaries ineligible

1. A person will not be invited to apply for residence if they:
   1. submit an expression of interest under tier two; and
   2. indicate that their sponsor receives a New Zealand Government benefit from Work and Income.
2. Sponsors who receive a New Zealand Government benefit from Work and Income at the time an application is assessed will not be eligible to sponsor applicants for residence under tier two requirements of the Parent Category.

Effective 30/03/2015