F4.10 Evidence (01/10/2001)

Immigration Act 1987 s 13B(3)(e)
Immigration Regulations 1999 regs 4(1)(e) and (h), 4(2)(a) and (b), 10(1)(e) and (i), 10(2)(a) and (b)

The items listed in F4.10.1 to F4.10.40 below are examples of relevant evidence: other documents may also be relevant.

F4.10.1 Evidence of relationship of parent(s) to children

1. Evidence of parent(s)' relationship to their children is original or certified copies of:
   1. birth certificates establishing the relationship of the children to the parent(s), or
   2. household registration documents, if these establish the relationship of the children to the parent(s), or
   3. evidence of adoption (see R3), which establishes the relationship of the children to the parents.
2. Other evidence establishing the relationship of the children to the parents may also be provided.

F4.10.5 Evidence of relationship to grandparent where the sponsor’s parents are deceased

1. Evidence of sponsor’s relationship to their grandparent(s)' is original or certified copies of:
   1. birth certificates establishing the relationship of the sponsor to the grandparent(s), or
   2. household registration documents, if these establish the relationship of the sponsor to the grandparent(s), or
   3. evidence of adoption (see R3), which establishes the relationship of the sponsor to the grandparent(s).
2. Other evidence establishing the relationship of the sponsor to the grandparent(s) may also be provided, or requested by a visa or immigration officer.

F4.10.10 Evidence of legal guardianship where the sponsor’s parents are deceased

Evidence of legal guardianship of the sponsor includes but is not limited to documents showing that the principal applicant had custody of the sponsor and the right to control the sponsor's upbringing before the sponsor attained the age of 20 such as the following:

• legal documents (such as the sponsor’s parent's will) showing that the principal applicant was named as the guardian of the sponsor, to have custody of the sponsor and the right to control their upbringing in the event of the death of the sponsor's biological or adoptive parents;
• a court order granting legal guardianship of the sponsor to the principal applicant (including custody of the sponsor and the right to control their upbringing) after the death of their parents and prior to the sponsor attaining the age of 20 years;
• documents showing that the sponsor lived with the principal applicant after the death of their parents and prior to the sponsor attaining the age of 20 years;
• documents such as medical and school records indicating that the principal applicant acted in the role of a parent for the sponsor after the death of their biological or adoptive parents and prior to the sponsor attaining the age of 20 years.

F4.10.15 Evidence that parents are deceased

1. Evidence that a sponsor's parents are deceased is original or certified copies of death certificates for both parents.
2. Where a death certificate is unobtainable, other documentary evidence must be provided that satisfies a visa or immigration officer that the sponsor's parents are deceased, and the date(s) of their death.
3. A death certificate is considered to be obtainable even if there is a possible delay or expense in obtaining it.

F4.10.20 Evidence of dependence

1. Up to 17 years of age, if a child is unmarried it is presumed to be dependent.
2. For children aged 17 to 24, evidence of actual dependence may be required.

F4.10.25 Evidence of sponsorship

Evidence is a Sponsorship Form for Residence in New Zealand which:

1. confirms that the sponsor is:
   1. in New Zealand, and
   2. is a New Zealand or Australian citizen or the holder of a current residence permit that is not subject to requirements under s18A of the Immigration Act 1987, and
   3. has been a New Zealand or Australian citizen and/or the holder of a residence permit or a returning resident's visa for at least three years immediately preceding the date the application under Parent policy is made, and
   4. that in each of the three 12 month portions within that three year period, has spent a total of 184 days or more in New Zealand; and
2. contains the undertakings required (see F4.25).

F4.10.30 Evidence of immigration status of sponsors

1. Evidence that sponsors are New Zealand citizens may include but is not limited to original or certified copies of:
   • a valid New Zealand passport, or
   • a Certificate of New Zealand Citizenship, or
   • a recent official statement of citizenship from the Department of Internal Affairs, or
   • a New Zealand birth certificate.
2. Evidence that sponsors are New Zealand residents may include but is not limited to original or certified copies of:
   • a current New Zealand residence permit or returning resident's visa in their passport or travel document, or
   • a valid Australian passport.

F4.10.35 Evidence of time spent in New Zealand as a citizen and/or holder of a residence permit

1. When determining the amount of time spent in New Zealand, NZIS may refer to NZIS records of sponsors' entry to and exit from New Zealand.
2. Other evidence of time spent in New Zealand may also be provided by a sponsor or sought by the NZIS.
3. Sponsors may be required to provide current and previous passports as evidence of time spent in New Zealand as a citizen and/or holder of a residence permit.

Note: Periods during which a residence permit has been held are calculated inclusive of both arrival and departure dates.

F4.10.40 Evidence of being 'lawfully and permanently' in a country

1. Evidence that a person is lawfully and permanently in a country may include but is not limited to original or certified copies of:
   • a passport or passport pages showing identity and residence permit
   • letters or other documents showing that permanent residence in another country has been granted
   • a passport or passport pages showing identity and nationality
   • naturalisation or citizenship certificates.
2. If a person does not need a permit to live in their country of residence (eg, European Community nationals living in other European Community countries), principal applicants must provide original or certified copies of:
   • registration cards or certificates from the local police or municipal authority, or
   • confirmation of the person's residence status from an authoritative source such as a municipal, judicial, police or government authority.
3. Evidence must also be provided of actual residence in the country. Evidence may include but is not limited to original or certified copies of:
   • correspondence addressed to the person
   • employment references
   • rates demands
   • income tax returns
   • mortgage documents
   • documents showing that household effects have been moved to that country.

Effective 01/10/2001