Parent Category - New Zealand Immigration Lawyers and Advisers /ニュージーランド政府公認移民アドバイザー : New Zealand Immigration Lawyers and Advisers /ニュージーランド政府公認移民アドバイザー

Parent Category

If you are the parent(s) of New Zealand citizen or New Zealand residence class visa holder, you may be able to apply for a residency class visa under this category.

So, what is the requirement?

a. A parent(s) of a New Zealand citizen or resident meets Parent Category if either:
i they have no dependent children and all of their adult children are lawfully and permanently outside the country in which they are lawfully and permanently→(definition See *1); or
ii the centre of gravity of their family is in New Zealand.→What is the Centre of Gravity? See *2
b. In each case the parent(s) must be sponsored by an adult child who is an acceptable sponsor.→ What’s the definition for an Acceptable Sponsor? See*3
c. Applicants under Parent Category must meet the requirements of health and character instructions.

Minimum income requirement for sponsors

a. An application under Parent Category will only be approved if the sponsor and/or their partner meets the minimum income requirement (unless the sponsor obtained a residence class visa in New Zealand on the basis of their status as a refugee, or at the date the application is made, the sponsor is aged 65 years or older).

b. The gross minimum income requirement referred to in (a) above is NZ$31,202.08 per annum. This is based on the Unemployment Benefit (married and civil union rate) plus the maximum Accommodation Supplement as set by the New Zealand Government. This must be met by personal income which is obtained from:

i> sustained paid employment; and/or
ii> regular self-employment; and/or
iii> regular investment income.

Note: The income must be personal income. Income earned by another legal entity, such as a business or a trust, cannot be included unless it has been paid directly to the sponsor and/or their partner in the form of wages or drawings.

Grandparents and legal guardians

a. A principal applicant and their partner will be considered as a ‘parent(s)’ and a sponsor will be considered as an ‘adult child’ under Parent Category if:i both the sponsor’s parents died before the sponsor attained the age of 20 years; and ii the principal applicant had legal guardianship of the sponsor (that is, custody of the sponsor and the right to control the sponsor’s upbringing) before the sponsor attained the age of 20 years.

b. A sponsor’s grandparent and their partner will be considered as a ‘parent(s)’ and a sponsor will be considered as an ‘adult child’ under Parent Category if both the sponsor’s parents are deceased.

c. Only one grandparent and their partner may be sponsored under Parent Category.

Who are considered to be children of the principal applicant and the principal applicant’s family?

a. In the context of Parent Category, children of the principal applicant and the principal applicant’s family include:

i all biological or adopted children of the principal applicant; and

ii any child of the principal applicant’s partner (whether or not the partner is included in the application), if that child has lived as part of the principal applicant’s family unit for a predominant period of the child’s life
between the time their relationship with the principal applicant began and when the child turned 18 years of age.

b. In the context of Parent Category, where the principal applicant is a legal guardian, children of the principal applicant and the principal applicant’s family include:

i the New Zealand citizen or resident sponsor; and

ii all biological and adopted children of the principal applicant; and

iii any children of whom they are or were legal guardians by reason of the parents of those children being deceased; and

iv any child of the principal applicant’s partner (whether or not the partner is included in the application), if that child has lived as part of the principal applicant’s family unit for a predominant period of the child’s life between the time their relationship with the principal applicant began and when the child turned 18 years of age.

c. In the context of Parent Category, where the principal applicant is a grandparent, children of the principal applicant and the principal applicant’s family include:

i the New Zealand citizen or resident sponsor; and

ii all biological and adopted children of the principal applicant; and

iii any child of the principal applicant’s partner (whether or not the partner is included inthe application), if that child has lived as part of the principal applicant’s family unit for a predominant period of the child’s life between the time their relationship with the principal applicant began and when the child turned 18 years of age.

*1 Definition of ‘lawfully and permanently’

People who are lawfully and permanently in a country are either:

a. citizens of that country, or persons who have the right of, or permission to take up, indefinite residence in that country; and actually residing in that country; or

b. living in a refugee camp in that country with little chance of repatriation.

Note: if a person is actually residing in a country in which they do not have the right of, or permission to take up, indefinite residence, for the purpose of determining whether an applicant meets parent category they are deemed to be lawfully and permanently in the country in which they were predominantly living in the last 10 years and in which they are entitled to reside lawfully and permanently.

*2 Definition of ‘centre of gravity’

A family’s centre of gravity is in New Zealand if either:
a.

i the principal applicant parent has no dependent children; and

ii the number of their adult children lawfully and permanently in New Zealand is equal to or greater than those lawfully and permanently in any other single country, including the country in which the principal applicant is lawfully and permanently; or

b.

i the principal applicant parent has dependent children; and

ii the number of their adult children lawfully and permanently in New Zealand is equal to or greater than those lawfully and permanently in any other single country, including the country in which the principal applicant parent is lawfully and permanently; and

iii the number of their dependent children is equal to or fewer than, the number of their adult children who are lawfully and permanently in New Zealand.

Parent with no dependent children

No. Children

In New Zealand

In home country

Third country

Eligible

2
1
1
Yes
5
2
1
2
Yes
4
1
1
2
No
5
2
1
2
Yes
4
1
1
2
No

Parent with dependent children

No. Children

In New Zealand

In home country

Third country

Eligible

2
1 adult
1 dependent
Yes
4
1 adult
1 adult 2 dependants
4
1 adult
2 dependants
1 adult
No
4
1 adult
1 adult 1 dependant
1 adult
Yes
6
2 adults
2 dependants
2 adults
Yes

*Definition of ‘dependent child’

For the purpose of Parent Category, a child is dependent if:

a. he or she is:

i aged 18 to 24, with no child(ren) of his or her own; and

ii single and

iii totally or substantially reliant on their parent(s) for financial support, whether living with them or not; or

b. he or she is:

i aged 17 or younger; and

ii single and

iii totally or substantially reliant on their parent(s) for financial support, whether living with them or not.

c. When determining whether a child of 18 to 24 years of age is totally or substantially reliant on their parent(s) for financial support, immigration officers must consider the whole application, taking into account all relevant factors including:

*Definition of ‘adult child for sponsorship purposes’

a. For sponsorship purposes, ‘adult child’ means a child of 18 or older.

b. However, children aged 18 to 24 must only be considered as ‘adult children for sponsorship purposes’ if they can satisfy an immigration officer that they are able to meet the Sponsorship Undertakings and the minimum income requirement.

*3 Definition of acceptable sponsor under this category.

i She or he 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

ii 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

iii 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

iv must not sponsor for the purpose of receiving a financial reward or fee; and

v must not have been convicted at any time of an offence under immigration law; and

vi must not have an outstanding debt to the Crown or other third parties as a result of another sponsorship arrangement; and

vii must not sponsor a person if they have previously breached sponsorship obligations; and

viii must not have entered insolvency procedures or be adjudicated bankrupt; and

ix must not be liable for deportation; and

x must not be serving a custodial sentence or be awaiting sentencing after being convicted of a crime which carries a custodial sentence.

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