F4.5 Expression of interest (EOI) and invitation to apply for residence (24/02/2020)

F4.5.1 Submission of EOI to the Pool

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 appropriate 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 child and any other children the applicants have (see F4.30); and
   4. adult child’s, or adult child’s and their partner’s, eligibility to sponsor them for New Zealand residence under the Parent Category (see F4.35.1); and
   5. sponsor’s income for the past three years (see F4.40).
3. A person may only have one EOI in the Pool at any time.
4. 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.

F4.5.5 Selection of Expressions of Interest from the Pool

1. EOIs will be selected from the Pool based on the date the EOIs were entered into the Pool.
2. EOIs will be selected in sufficient numbers to meet the annual limit to the number of resident visas available under the Parent Category (see F4.10.1).
3. EOIs are selected from the Pool periodically on the Government's behalf by the Ministry of Business, Innovation and Employment.

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

1. People whose EOIs have been selected from the Pool 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 and any other children they have will meet requirements when the parent/s are granted residence (see F4.15.5); and
   4. it is credible that the sponsoring adult child or the sponsoring adult child and their partner will meet the sponsorship requirements when the parent/s are granted residence (see F4.35); and
   5. the income from their sponsoring adult child or the total income of their sponsoring adult child and their partner will likely meet the minimum income threshold for two out of the three years prior to ITA date (see F4.40); and
   6. if joint income is considered, it is credible that the sponsoring adult child’s partner meets the requirements for joint sponsorship set out at F4.35.5 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 from the Pool, 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 from the Pool 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 decision by the 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

See also Immigration Act 2009 ss58 and 93

1. It is sufficient grounds to decline a Parent Category resident visa application if:
   1. false or misleading information is provided as part of an Expression of Interest (EOI or associated submission); or
   2. relevant, potentially prejudicial information is withheld from an EOI or associated submission; or
   3. an applicant or their agent fails 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. Information relating to a claim made in an EOI by either the person expressing interest or their agent that is factually inaccurate and is relevant to the issuing of an invitation to apply or the assessment of a resident visa application will be considered misleading unless the person expressing interest can demonstrate that there is a reasonable basis for making that claim.

Effective 24/02/2020