S1.10 Samoan Quota Scheme (27/02/2006)

The Samoan Quota Scheme allows up to 1,100 Samoans, including their partners and dependent children, to be granted residence in New Zealand each year (see R6.10).

S1.10.1 Criteria for residence

1. To qualify for residence under the Samoan Quota Scheme, the principal applicant must:
   1. be a Samoan citizen (having been born in Samoa or born overseas to a Samoan citizen who was born in Samoa); and
   2. be either in Samoa or lawfully in New Zealand at the time their application for residence is made; and
   3. have their registration drawn from the Samoan Quota Scheme pool; and
   4. lodge their application for residence under the Samoan Quota Scheme within six months of written advice from INZ that their registration has been drawn from the Samoan Quota Scheme pool; and
   5. be aged between 18 and 45 inclusive; and
   6. have an acceptable offer of employment, or have a partner included in the application who has an acceptable offer of employment (see S1.10.5 below); and
   7. meet a minimum level of English language ability (see S1.10.20 below); and
   8. (if they have dependent children) meet the minimum income requirement (see S1.10.15 below); and
   9. meet health and character requirements for residence (see R4).
2. Partners and dependent children of the principal applicant who are included in the residence application must also meet health and character requirements for residence (see R4).

S1.10.5 Acceptable offers of employment

1. Acceptable offers of employment may be in either a skilled or unskilled occupation but must be for ongoing and sustainable employment. Ongoing and sustainable employment is:
   1. employment with a single employer in a job which is permanent, or indefinite, and of which the employer is in a position to meet the terms specified; or
   2. employment for a stated term of at least twelve months with an option for the employee of further terms, and of which the employer is in a position to meet the terms specified.

      Note: When assessing whether employment is sustainable, officers may consider, but are not limited to, such factors as the residence status of the employer, the period for which the employing organisation has been established as a going concern, and the financial sustainability of the employing organisation.

2. Acceptable offers of employment must also be:
   1. for full-time employment (employment is full-time if it amounts to, on average, at least 30 hours per week) unless S1.10.15.1 (c) applies; and
   2. current at the time of assessing the application and at the time of issue of the visa and/or grant of the permit; and
   3. genuine; and
   4. for a position that is paid by salary or wages (ie, positions of self-employment, payment by commission and/or retainer are not acceptable); and
   5. accompanied by evidence of professional or technical registration if this is required by law to take up the offer; and
   6. compliant with all relevant employment law in force in New Zealand.

      Note: Compliance with relevant New Zealand employment law includes but is not limited to:
      ~ a written employment agreement that contains the necessary statutory specified terms and conditions
      ~ paying employees no less than the appropriate adult or youth minimum wage
      ~ meeting holiday and special leave requirements and other minimum statutory criteria
      ~ meeting occupational safety and health obligations.

3. If the principal applicant has dependent children, the offer of employment must also meet the minimum income requirement set out at S1.10.15 below.

S1.10.10 Evidence

1. Evidence of an offer of employment is original or certified copies of the following documents:
   1. a written offer of employment, and
   2. a detailed job description, and
   3. an employment agreement entered into by the employer and the principal applicant, stating:
      • the terms of employment, and
      • the hours of work, and
      • the period during which employment may begin.

        Note: the employment agreement need not be supplied until after approval in principle.

2. Additional evidence may include, but is not limited to:
   1. any information requested by INZ; and
   2. the results of any verification undertaken by INZ; and
   3. information from the employer or recruitment agency.

S1.10.15 Minimum income requirement

1. Principal applicants with dependent children must show that they will meet the minimum income requirement if they come to New Zealand, which is intended to ensure they can support themselves and their dependent children.
2. The gross minimum income requirement is $28,888.08. This is based on the Unemployment Benefit (married and civil union rate) plus the maximum Accommodation Supplement (as set by the New Zealand Government).
3. The minimum income requirement must be derived from an acceptable offer of employment - see S1.10.5.

S1.10.15.1 Ability to include partner’s income as part of the minimum income requirement

1. If both the principal applicant and their partner included in their application have an acceptable offer of employment in New Zealand, both of their wages or salaries may be taken into account when determining if the minimum income requirement is met.
2. In such cases the partner’s employment and income will only be taken into account if, at the time the application is assessed, a visa or immigration officer is satisfied the principal applicant and partner have been living together for 12 months or more in a partnership that is genuine and stable - see R2.1.15.1(b) and R2.1.15.5(a)(i).
3. Where the employment (and income) of both the principal applicant and their partner is used to meet the minimum income requirement, both offers of employment must meet all the requirements in S1.10.5, except that only one has to meet the requirement that the offer be for full-time employment.

S1.10.20 Minimum English language requirement

1. The interviewing visa/immigration officer determines whether principal applicants meet the minimum English language requirement by assessing whether they are able to:
   1. read English; and
   2. understand and respond to questions in English; and
   3. maintain an English language conversation about themselves, their family or their background.

S1.10.25 Eligibility to make a Samoan Quota Scheme application

1. Any applicants who have previously overstayed in New Zealand, but have departed voluntarily, and do not have a removal order in force in respect of them, can register under the Samoan Quota Scheme. Any applicants included in a registration who are currently in New Zealand, must be in New Zealand lawfully at the time the registration is made, and when the ballot is run, and when they apply for residence.
2. To be eligible to make an application for residence under the Samoan Quota Scheme, applicants must first successfully complete the following registration process:
   1. Applicants will be invited each year to register their interest in applying for residence under the Samoan Quota Scheme within a set registration period. The dates of the registration period will be announced by INZ prior to the registration opening.
   2. Registrations of interest must be lodged during the registration period, on the official Samoan Quota Scheme Registration Form, at the appropriate receiving office specified in the form, with only one registration form per envelope.
   3. Each principal applicant may send only one registration form. If more than one registration form is sent, that person is disqualified from that year's registration of interest.
   4. All registrations from persons eligible to register that are received by INZ on or between the first and last day of the notified registration period will be entered into a pool of registrations.

S1.10.30 Selection process following closure of registration

1. As soon as practicable following the closure of the registration period INZ will conduct an electronic draw.
2. Registrations will be randomly drawn from the pool until the appropriate number of potential applicants to fill the number of available places has been drawn.
3. Principal applicants whose registrations have been drawn from the pool will be notified by INZ in the month following the draw that their registration has been successful, and will be invited to lodge an application for residence under the Samoan Quota Scheme policy at the appropriate receiving office of INZ not more than six months after the date of that advice.

S1.10.35 Determining applications

1. Visa/immigration officers must sight the original job offer and verify that it is genuine and current by checking:
   1. directly with the employer, or
   2. through the nearest branch office of INZ to the employer in New Zealand, or
   3. by some other appropriate arrangement.
2. Visa/immigration officers must then assess the applicant's English language ability against the criteria at S1.10.20 above.

S1.10.40 Issue and grant of visas and permits

1. If an application for residence under the Samoan Quota Scheme is approved and the applicant is in New Zealand lawfully, a residence permit will be granted.
2. If an application for residence under the Samoan Quota Scheme is approved and the applicant is in Samoa, the principal applicant will be issued with a residence visa current for three months only, while the partner and dependent children will be issued with residence visas current for 12 months.

Effective 27/02/2006