F4.5 Expression of interest (EOI) and invitation to apply for residence

F4.5.1 EOI Pools and the currency of EOIs

1. Two Pools will contain Parent Category EOIs:
   1. a Queued Pool will contain EOIs submitted in the prescribed manner on or before 11 October 2022; and
   2. a Ballot Pool will contain EOIs submitted in the prescribed manner on or after 12 October 2022.
2. An EOI submitted into the Ballot Pool is current for a period of two years from the date of initial submission to the Ballot Pool, unless no selections have occurred within those two years. Where this is the case, a Ballot Pool EOI is current until a selection from the Ballot Pool has occurred.
3. A Ballot Pool EOI that is no longer current will expire and be removed from the Ballot Pool.
4. A Ballot Pool EOI will also be removed from the Ballot Pool if:
   1. it is selected and the people included on the EOI are invited to apply; or
   2. it is selected and an immigration officer is not satisfied that the person(s) who submitted the EOI meets the requirements to be granted a resident visa and as a result no invitation to apply is issued; or
   3. the EOI includes a person who is included in more than one EOI in the Ballot Pool (because a person may only have one EOI in the Ballot Pool at any one time).

Note: An EOI submitted into the Queued Pool has no expiry date

F4.5.3 EOI Submission

1. A person notifies that they are interested in being invited to apply for a resident visa under the Parent Category by submitting an EOI to Immigration New Zealand (INZ) in the prescribed manner. In order to submit an EOI in the prescribed manner, a person must submit to an immigration officer:
   1. a completed Parent Category EOI form; and
   2. the prescribed fee (if any).
2. By completing an EOI, a person provides a declaration about their and their partner’s:
   1. identity, health and character; and
   2. English language ability or an intention to agree to pre-purchase English for Speakers of Other Languages (ESOL) tuition (F4.25); and
   3. relationship to their sponsoring adult children and any other children the applicants have (see F4.30); and
   4. sponsor’s or joint sponsors’ eligibility to sponsor them for New Zealand residence under the Parent Category (see F4.35.1); and
   5. sponsor’s or joint sponsors’ income for the past three years (see F4.35.5).
3. At any time, a principal applicant and/or secondary applicant may have:
   1. only one EOI in the Queued Pool; and
   2. only one EOI in the Ballot Pool.
4. An EOI will be removed from the Ballot Pool if it includes a person already included in an EOI in the Ballot Pool.
5. It is the responsibility of the person submitting the EOI to ensure that the information given is correct in all material respects.

Note: If the partner of a principal applicant is considered to be eligible for inclusion in a Parent Category EOI but was not included, the partner will not be granted residence under the Partnership Category if the partner applies at a later date (see F2.40.5). A partner is considered eligible for inclusion in an EOI even if it appears the sponsor/s may not meet the income requirement to sponsor multiple Parent category applicants if invited to apply for residence.

F4.5.3.1 Submission of previously withdrawn EOIs to the Queued Pool

1. Despite F4.5.1(a)(i), EOIs submitted on or after 12 October 2022 will be included in the Queued Pool, rather than the Ballot Pool, if:
   1. any person included in that EOI was included in a Parent Category EOI that was in the pool on 7 October 2019; and
   2. that earlier EOI was withdrawn by the submitter before 12 October 2022.
2. For the purposes of selection, any EOIs submitted to the Queued Pool on the basis of (a) above will be selected based on the date that the previously withdrawn EOI was submitted (i.e. the submitter will re-gain their previous place in the queue).
3. To resubmit an EOI that was previously withdrawn, a person must complete the prescribed form and pay the EOI fee (see F4.5.3(a)).

F4.5.5 Selections from the EOI Pools

EOIs are selected from the Queued Pool and the Ballot Pool periodically on the Government's behalf by the Ministry of Business, Innovation and Employment.

F4.5.5.1 Ballot Pool Selections

1. EOIs will be randomly selected from the Ballot Pool until the appropriate number of potential applicants to fill the available number of visas within the annual period have been selected.
2. To be eligible for selection, an EOI must be submitted in the prescribed manner before the first day of the month of selection.

F4.5.5.5 Selections from the Queued Pool

1. EOIs will be selected from the Queued Pool based on the date the EOIs were submitted into the Pool, with the earliest submitted EOIs selected first.
2. EOIs will be selected from the Queued Pool until the appropriate number of potential applicants to fill the number of available visas within the annual period have been selected.

F4.5.10 Invitation to apply (ITA) for a resident visa under the Parent Category

1. People whose EOIs have been selected may be issued an ITA for a resident visa under the Parent Category.
2. An immigration officer may invite a person to apply for a resident visa under the Parent Category if they are satisfied that:
   1. the information provided does not indicate the presence of any health or character issues which may adversely affect their ability to be granted a resident visa under the Parent Category; and
   2. claims about English language are credible or the applicant has the intention to pre-purchase ESOL tuition (see F4.25); and
   3. it is credible that the parent’s relationship to their sponsoring adult child(ren) and any other children they have will meet requirements when the parent/s are granted residence (see F4.15.1); and
   4. it is credible that the sponsor(s) will meet the sponsorship requirements when the parent/s are granted residence (see F4.35); and
   5. the sponsor(s) is likely to meet the minimum income threshold for two 12-month periods within the 3 years prior to ITA date (see F4.35.5); and
   6. if joint income is considered, it is credible that the requirements for joint sponsorship will be met when the parent/s are granted residence.
3. An immigration officer may decide not to issue an ITA for a resident visa under the Parent Category if they are not satisfied claims made within the EOI are:
   1. credible; or
   2. sufficient to meet the requirements of the Parent Category.
4. An immigration officer may seek further evidence, information and submissions from a person whose EOI has been selected for the purpose of determining whether their claims are credible and whether there are any health or character issues that may adversely affect their ability to be granted a resident visa under the Parent Category.
5. In any particular case, the selection of an EOI may not result in an invitation to apply for a resident visa under the Parent Category. No person is entitled as of right to an invitation to apply for a visa and the decision to issue or revoke an invitation is a matter for the discretion of the Minister of Immigration or, subject to any special direction, an immigration officer.

Note: A decision to invite a person to apply for a resident visa under the Parent Category does not guarantee in any subsequent application for a resident visa a positive assessment of any requirements for the Parent Category or generic residence (including health and character).

F4.5.15 False or misleading information in an Expression of Interest

1. It is sufficient grounds to decline a Parent Category resident visa application if:
   1. false or misleading information was provided as part of the associated Expression of Interest (EOI); or
   2. relevant, potentially prejudicial information was withheld from the associated EOI; or
   3. an applicant or their agent failed to advise an immigration officer of any fact or material change in circumstances that occurs after an EOI is submitted that may affect a decision to invite the person to apply for a resident visa or to grant a resident visa.
2. A decision that false or misleading information was provided does not require an immigration officer to determine whether or not the applicant personally:
   1. knew that the information was false or misleading; or
   2. knew that such information was provided to INZ (for example by their agent); or
   3. intended to deceive Immigration New Zealand through their actions or inaction.
3. A decision that relevant, potentially prejudicial information was withheld requires an immigration officer to be satisfied that the applicant, or their agent, knew that information, but does not require an immigration officer to determine whether or not the applicant personally intended to withhold information, or deceive Immigration New Zealand through their actions or inaction.
4. In cases where an applicant had an agent acting on their behalf, a decision that false or misleading information was provided does not require an immigration officer to determine whether or not the agent knew that the information was false or misleading.

F4.5.16 Deciding whether to decline a Parent Category application for false, misleading or withheld information in the associated Expression of Interest

1. Where an immigration officer determines that false or misleading information was provided, or relevant, potentially prejudicial information was withheld, in an associated EOI, the residence application under the Parent Category is to be normally declined.
2. Despite F4.5.16(a), an immigration officer must not decline the Parent Category application under F4.5.15(a) without considering the circumstances of the application.

Effective 25/09/2023