R4.5 Acceptable sponsors (29/07/2013)

See also Immigration Act 2009, s 48

1. In order to sponsor an applicant for a residence class visa, a sponsor must be
   1. deemed acceptable by the Minister of Immigration or an immigration officer; and
   2. meet the relevant eligibility criteria for acceptable sponsors set out in this chapter; and
   3. meet any further criteria imposed by the specific residence category the applicant is applying under.
2. It is a matter for the absolute discretion of the Minister of Immigration or an immigration officer whether a person is acceptable as a sponsor.
3. A sponsor may be a natural person, an organisation or a government agency. A specific residence category may specify restrictions regarding the types of entity that may sponsor under that category.
4. If the sponsor is a natural person then they:
   1. must be a New Zealand citizen or the holder of a current residence class visa that is not subject to conditions under section 49(1)(a) or section 50 of the Immigration Act 2009; and
   2. must have been a New Zealand citizen and/or the holder of a New Zealand residence class visa (or a residence permit or returning resident’s visa under the Immigration Act 1987) for at least three years immediately preceding the date the application they wish to sponsor is made; and
   3. must be ordinarily resident in New Zealand and for each of the three 12 month portions within the three years immediately preceding the date the application they wish to sponsor is made, have spent a total of 184 days or more in New Zealand; and
   4. must not sponsor for the purpose of receiving a financial reward or fee; and
   5. must not have been convicted at any time of an offence under immigration law; and
   6. must not have an outstanding debt to the Crown or other third parties as a result of another sponsorship arrangement; and
   7. must not sponsor a person if they have previously breached sponsorship obligations; and
   8. must not have entered insolvency procedures or be adjudicated bankrupt; and
   9. must not be liable for deportation; and
   10. must not be serving a custodial sentence or be awaiting sentencing after being convicted of a crime which carries a custodial sentence; and
   11. must not have arrived in New Zealand as a member of a mass arrival group, with the exception of a person who was an unaccompanied minor when they arrived (see C8.5.5) or a person acting as a sponsor under RW3.
5. If the sponsor is an organisation it:
   1. must be registered in New Zealand as a company, incorporated society or charitable trust; and
   2. must identify a clear link between the organisation’s activities and the purpose for which the applicant is coming to New Zealand; and
   3. must not sponsor for the purpose of receiving a financial reward or fee; and
   4. must not have been convicted of an offence under immigration law, and must not have any listed directors, trustees, or management, who have been convicted of an offence under immigration law; and
   5. must not have an outstanding debt to the Crown or other third parties as a result of another sponsorship arrangement; and
   6. must not sponsor a person if they have previously breached sponsorship obligations; and
   7. must not be in receivership or liquidation.

      Note: Sponsoring an employee for the purpose of employment that is expected to result in a profit being made for the sponsor is not considered to be ‘financial reward’.

6. If the sponsor is an a government agency, it must be a government department under the State Sector Act 1988, or a Crown entity as defined in section 7(1) of the Crown Entities Act 2004.

   Note: for the purpose of sponsorship requirements, a Crown entity as defined in section 7(1) of the Crown Entities Act 2004 includes Crown agents, autonomous Crown entities and independent Crown entities, Crown entity companies, Crown entity subsidiaries, school boards of trustees, and tertiary institutions.

7. If a sponsor is not a natural person they must nominate an individual as the authorised contact for the purposes of sponsorship.
8. If a sponsor does not meet the criteria to be an acceptable sponsor, the reasons for this decision must be put to the applicant to allow the sponsor to respond.

Effective 29/07/2013