Parent residence applications moved to a two-tier expression-of-interest selection system

Policy effect

From July 30, 2012, the Parent Category used a two-tier expression-of-interest (EOI) pool and invitation process. The preceding March 2012 instructions described direct qualification through family-location criteria and sponsorship; the July rules required an unrevoked invitation and an application within four months of the invitation letter. A person could have only one EOI in the pool. Tier 1 EOIs were selected first in date order, followed by Parent and Sibling and Adult Child applications lodged before May 16, 2012; Tier 2 EOIs were selected last in date order, only when neither earlier group remained. Selection was periodic and limited by available Capped Family Sponsored stream places; selection did not guarantee an invitation or residence. Tier 1 qualification could rest on the prescribed sponsor-income, guaranteed-lifetime-income or settlement-funds route. Tier 2 required the prescribed sponsor income and that the applicants’ other adult children live lawfully and permanently outside the country where the applicants lived lawfully and permanently; a sponsor receiving a New Zealand Government benefit from Work and Income was ineligible for Tier 2. The July category also required health and character eligibility, English proficiency or ESOL pre-purchase, an acceptable adult-child sponsor and no dependent children. The July provisions required five years of sponsorship undertakings, not ten. EOIs could move between tiers when eligibility changed while retaining their original pool date; an EOI no longer meeting either tier was withdrawn. An invitation under Tier 1 led to assessment under Tier 1 only, whereas an applicant invited under Tier 2 could qualify under either tier. Applications received before May 16, 2012 remained assessed under the instructions applicable when accepted. Those applicants could instead submit a new EOI; a resulting Tier 1 application had its application fee waived and the earlier application lapsed when that waiver applied, whereas a resulting Tier 2 application did not receive that fee waiver.

Conditions and exceptions

Validated condition or limit: the July rules required an unrevoked invitation and an application within four months of the invitation letter.; A person could have only one EOI in the pool.; Tier 1 EOIs were selected first in date order, followed by Parent and Sibling and Adult Child applications lodged before May 16, 2012; Tier 2 EOIs were selected last in date order, only when neither earlier group remained.; Selection was periodic and limited by available Capped Family Sponsored stream places; Tier 2 required the prescribed sponsor income and that the applicants’ other adult children live lawfully and permanently outside the country where the applicants lived lawfully and permanently; The July category also required health and character eligibility, English proficiency or ESOL pre-purchase, an acceptable adult-child sponsor and no dependent children.; The July provisions required five years of sponsorship…

Official source excerpt

Quoted verbatim from the official source below. Ellipses indicate omitted text.

F4.10 Expressions of interest and applications under the Parent Category (30/07/2012) F4.10 Expressions of interest and applications under the Parent Category (30/07/2012) F4.10.1 Expressing interest in being invited to apply for residence under the Parent Category A person notifies that they are interested in being invited to apply for a resident visa under the Parent Category by submitting an Expression of Interest (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: a completed prescribed Parent Category EOI form; and the appropriate fee (if any). By completing an EOI, a person provides a declaration about their and any potential secondary applicant’s: identity, health and character; and English language ability or an intention to agree to pre-purchase English for Speakers of Other Languages (ESOL) tuition (see F4.15 ); and relationship to their sponsoring adult child and any other children the applicants have (see F4.20 ); and adult child’s eligibility to sponsor them for New Zealand residence under the Parent Category (see F4.25 ); and guaranteed lifetime minimum income, settlement funds, or the income of their sponsor, or of their sponsor and their sponsor’s partner (see F4.30 and F4.35 ). It is the responsibility of the person submitting the EOI to ensure that the information given is correct in all material respects. Note: For the purposes of F4.10.1(b)(v), people submitting EOIs under tier two will only be required to declare their sponsor and/or their sponsor’s partner’s income. F4.10.5 Implications of providing false or misleading information See Immigration Act 2009, ss 93 and 158 The Immigration Act 2009 provides that there is sufficient grounds to decline an application for a resident visa and for the holder of a resident visa granted under the Parent Category to become liable for deportation in cases of: the provision of false or misleading information as part of an EOI or associated submission; or the withholding of relevant potentially prejudicial information from an EOI or associated submission; or failure 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. Information relating to a claim made in an EOI 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 principal applicant can demonstrate that there is a reasonable basis for making that claim. F4.10.10 Submission of Expressions of Interest to the Pool EOIs submitted in the prescribed manner may be entered into a pool of Expressions of Interest (the Pool). A person may only have one EOI in the Pool at any time (regardless of the tier of the EOI). Each EOI will be entered … Pool in either tier one or tier two as indicated in the EOI form. Despite (c) above, if permission is given by the person expressing interest, an EOI may be entered into the alternative tier of the Pool (see F4.10.10(e) and (f)). If a person with an EOI in the Pool under tier two updates their information and becomes eligible to be entered into the Pool under tier one, their EOI will be entered into the Pool under tier one based on the original date the EOI was previously entered under tier two. If a person with an EOI in the Pool under tier one updates their information and is no longer eligible under tier one, but is eligible under tier two, their EOI will be entered into the Pool under tier two based on the original date the EOI was previously entered under tier one. Where a person with an EOI already entered into the Pool updates their information and no longer meets the requirements of the Parent Category under either tier, their EOI will be withdrawn from the Pool and lapsed. F4.10.15 Selection of Expressions of Interest EOIs will be selected from the pool in the following order: Tier one EOIs will be selected first and in order based on the date the EOIs were entered into the Pool; and Residence applications lodged under the Parent and Sibling and Adult Child categories before 16 May 2012 will be selected second, in date order; and Tier two EOIs will be selected third and in order based on the date the EOIs were entered into the Pool, only if there are no tier one EOIs and no applications that were lodged before 16 May 2012. The ranking of EOIs will change as EOIs enter, or are selected from, the Pool or any given tier of the Pool. EOIs will be selected in sufficient numbers to meet the requirements of the Capped Family Sponsored stream of the New Zealand Residence Programme (NZRP) at the time of selection (subject to any adjustment to the number or distribution of places in the NZRP determined by the Government) (see R6 ). EOIs are selected from the Pool periodically on the Government's behalf by the Ministry of Business, Innovation and Employment. F4.10.20 Invitation to apply for a resident visa under the Parent Category People whose EOIs have been selected from the Pool may be issued an invitation to apply for a resident visa under the Parent Category. An immigration officer may decline an EOI if they are not satisfied claims made within the EOI are: credible, or sufficient to meet the requirements of the Parent Category. An immigration officer may, but is not required to, 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. If an immigration officer is not satisfied the claims made in an EOI selected from the Pool under tier one would be sufficient to meet the require …

Review method

Source-based draft with independent Gemini 3.8 Flash verification

Other New Zealand changes operative in 2012

• 2012-04-02Study-to-Work qualification levels and minimum New Zealand study periods tightened
• 2012-05-16Sibling and Adult Child Category closed to new applications