F4.40 Evidence (to 07/10/2019)

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

F4.40.1 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, or requested by an immigration officer.

F4.40.5 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.

F4.40.10 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 18, 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; or
• 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 18 years; or
• 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 18 years; or
• 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 18 years.

F4.40.15 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.

F4.40.20 Evidence of dependence

1. Up to and including 20 years of age, if a child is unmarried then he or she is presumed to be dependent.
2. For children aged 21 to 24, evidence of actual independence may be required.

F4.40.25 Evidence of sponsorship

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

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

F4.40.25.1 Evidence that the sponsor and/or their partner meets the minimum income requirement

1. Evidence of meeting the minimum income requirement for sponsors (see F4.30.1 and F4.35.1) may include, but is not limited to, original or certified copies of the following documents:
   • an Inland Revenue Personal Tax Summary which shows all income from employment, pension and withholding payments; or
   • wage slips; or
   • a current employment contract; or
   • bank statements or any other documents from financial institutions; or
   • an individual income tax return (IR3) if a sponsor derives any income from a source other than a wage or a salary, e.g. personal income from self-employment, rental properties, other investments, or trusts.
2. Sponsors who earned self-employed income must submit evidence of their personal earnings before income tax. Revenue or sales from their business operations will not be accepted as evidence of their personal taxable income.

F4.40.30 Evidence of applicant’s funds under tier one

F4.40.30.1 Evidence of guaranteed minimum lifetime income

1. Evidence of guaranteed minimum lifetime income includes:
   1. pensions that will be paid to the applicant(s) indefinitely, including during any time that they will be New Zealand residents or citizens; or
   2. other stable income paid to the applicant(s) indefinitely, including during any time that they will be New Zealand residents or citizens.
2. An immigration officer may decline an application if they are not satisfied the applicant(s) income:
   1. is guaranteed; or
   2. is stable (to at least the minimum level specified at F4.30.5); or
   3. will be paid to the applicant(s) indefinitely.

F4.40.30.5 Evidence of the principal applicant's settlement funds and assets

1. Evidence of settlement funds and that those funds are, or have been, sourced from outside New Zealand may include, but is not limited to:
   • funds held in an offshore bank account(s)(if requested, this may include evidence that funds can be accessed from New Zealand); or
   • acceptable evidence of net assets held outside New Zealand.
2. All documents provided as valuations of assets must be:
   1. no more than three months old at the date the resident visa application is made; and
   2. produced by a reliable independent agency.
3. An immigration officer may seek further evidence if they:
   1. are not satisfied that the nominated funds and/or assets were earned or acquired legally; or
   2. consider that the nominated funds and/or assets may have been gifted or borrowed; or
   3. are not satisfied with the valuation provided; or
   4. consider that the nominated funds and/or assets fail in some other way to meet the rules for settlement funds.

F4.40.30.10 Evidence of the transfer of the nominated funds to New Zealand

1. Acceptable evidence of the transfer of the nominated funds must be provided by way of the telegraphic transfer documentation together with a current bank statement showing the transfer(s).
2. An immigration officer may request any other information to satisfy them that the above requirements have been met.

F4.40.35 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; or
   • letters or other documents showing that indefinite residence in another country has been granted; or
   • a passport or passport pages showing identity and nationality; or
   • naturalisation or citizenship certificates.
2. If a person does not need a visa (or permit) to live in their country of residence (e.g. European Union nationals living in other European Union 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; or
   • employment references; or
   • rates demands; or
   • income tax returns; or
   • mortgage documents; or
   • documents showing that household effects have been moved to that country.

Effective 11/04/2016