Clearer rules for immigration sponsors
Media Release
12 November 2010
More specific rules for people sponsoring family and friends to visit or live in New Zealand come into effect from the end of this month.
Immigration New Zealand head Nigel Bickle says sponsors will need to meet more specific eligibility criteria and be willing to take real responsibility for ensuring people they sponsor don’t become a burden to New Zealand taxpayers.
“The changes are about ensuring that New Zealand citizens and residents who sponsor friends and family to come here are fully aware of their obligations.”
From 29 November, sponsors will be required to sign an undertaking that they will be responsible for all aspects of ‘maintenance, accommodation and repatriation’ (or deportation if required) of the sponsored person – rather than being able to choose just one aspect. This includes responsibility for all ‘third party’ costs, such as health costs. More specific criteria for sponsors are also being introduced.
For temporary entry visas, this broader obligation will be in place for the whole time the sponsored person is in New Zealand. For resident visas, the obligation will be in place for a specific period.
Another change allows organisations (companies, charitable trusts and societies) and government agencies to sponsor individuals in some circumstances. These new categories of sponsors will be eligible to support visitor visas and also work-to-residence and residence-from–work visas under the ‘talent’ category (arts, culture and sports).
The new sponsorship rules are part of changes related to the Immigration Act 2009, which come into effect from 29 November this year.
“The Act creates a new, strengthened framework for sponsorship that better protects sponsored individuals and New Zealand taxpayers by ensuring sponsorship requirements and obligations are applied consistently across different categories,” Mr Bickle says.
The new Act does not make any changes to the categories under which people apply to come to New Zealand to visit, study, work or live.
Ministry of Pacific Island Affairs Chief Executive Dr Colin Tukuitonga says it is important for sponsors to understand the new rules.
“Many Pacific families sponsor relatives to come to New Zealand. The Ministry of Pacific Island Affairs will be working alongside Immigration New Zealand to help our Pacific communities understand the minimum criteria to be a sponsor and the associated obligations,” Dr Tukuitonga says.
For more information about the new Immigration Act and sponsorship, go to: www.immigration.govt.nz/act
Media enquiries: contact the DoL media line on 0274 422 141 or e-mail media@dol.govt.nz or MPIA on 04 473 4493 or e-mail frances.ross@mpia.govt.nz
Key sponsorship changes from 29 November 2010
- Sponsors will no longer be able to choose which part of sponsorship they wish to be accountable for – all sponsors will be responsible for all aspects of maintenance, accommodation and repatriation (or deportation) for the sponsored person.
- Sponsors will be responsible for temporary entry visa holders for the longest of these periods:
- until the sponsored person leaves New Zealand with no valid visa to return (i.e. with no more travel conditions), or
- until the sponsored person gets a new visa with a new sponsor (or a new visa that doesn’t require sponsorship).
- Also for temporary entry visas:
- sponsorship obligations will be in place for the whole time the sponsored person is in New Zealand (or until they get a new visa that does not require a sponsor)
- sponsors will continue to be responsible for any costs incurred to the New Zealand Government or a third party after the sponsored person has left New Zealand (for example, any deportation costs or medical bills)
- Sponsors will be responsible for resident visa holders for a specific period, usually two or five years, according to the residence category the sponsored person applied under.
- Sponsors can be organisations or government agencies, as well as individuals. Organisations and government agencies will only be eligible to sponsor visitor visas and Talent (arts, culture and sports) visas (both work-to-residence and residence-from-work).
- More specific eligibility criteria for all sponsors.
Sponsorship changes
| Current - until 29 November 2010 | New - from 29 November 2010 |
|---|---|
Sponsors must be a New Zealand citizen or resident. |
A sponsor may be a New Zealand:
Individual sponsors must: usually live in New Zealand, not be paid for sponsorship, not be liable for deportation, not have been convicted under immigration law, not have breached previous sponsorship arrangements, not be bankrupt, not be in prison or awaiting sentence on a crime that could lead to imprisonment. Organisation sponsors must: show a clear link between their activities and the reason for sponsorship; not have any directors, trustees or management who have been convicted of an offence under immigration law; not be in receivership or liquidation. |
Sponsors of temporary entry applicants can choose to guarantee:
|
Sponsors of temporary entry applicants guarantee all:
|
The Department of Labour can require sponsors to pay costs they have guaranteed, for example, the cost of repatriation (i.e. airfares and the Department’s costs). |
The New Zealand Government and third parties can take court action to require sponsors to pay all costs associated with their guarantee (for example, medical costs). |
Sponsors of residence applicants are responsible for their guarantees for two years. |
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