S1.40 Pacific Access Category (21/03/2006)

S1.40.1 Objective

The Pacific Access Category allows up to 250 citizens of Tonga, 75 citizens of Tuvalu, 75 citizens of Kiribati, and 250 citizens of Fiji (including the partners and dependent children of principal applicants under the Category), to be granted residence in New Zealand each year.

S1.40.5 Criteria for residence

1. To qualify for residence under the Pacific Access Category, the principal applicant must:
   1. be a citizen of Tonga, Tuvalu, Kiribati, or Fiji; and
   2. have their Pacific Access Category registration drawn from the relevant Tonga, Tuvalu, Kiribati, or Fiji pool of the Pacific Access Category; and
   3. lodge their application for residence under the Pacific Access Category within six months of written advice from INZ that their registration has been drawn from the relevant Tonga, Tuvalu, Kiribati, or Fiji pool of the Pacific Access Category; and
   4. be aged between 18 and 45 inclusive; and
   5. have an acceptable offer of employment or have a partner, included in the application, who has an acceptable offer of employment (see S1.40.30 below); and
   6. meet a minimum level of English language ability (see S1.40.40 below), and
   7. (if they have dependent children) meet the minimum income requirement set out at S1.40.35 below; and
   8. meet health and character requirements (see R4).
2. Principal applicants who are citizens of Tonga must be:
   1. either in Tonga or lawfully in New Zealand at the time their application under the Pacific Access Category is made; and
   2. must have been born in Tonga or born overseas to a Tongan citizen who was born in Tonga.
3. Principal applicants who are citizens of Kiribati must be:
   1. either in Kiribati or Fiji or lawfully in New Zealand at the time their application under the Pacific Access Category is made; and
   2. must have been born in Kiribati or born overseas to a Kiribati citizen who was born in Kiribati.
4. Principal applicants who are citizens of Tuvalu must be:
   1. either in Tuvalu or Fiji or lawfully in New Zealand at the time their application under the Pacific Access Category is made; and
   2. must have been born in Tuvalu or born overseas to a Tuvaluan citizen who was born in Tuvalu.
5. Principal applicants who are citizens of Fiji must be:
   1. either in Fiji or lawfully in New Zealand at the time their application under the Pacific Access Category is made; and
   2. must have been born in Fiji or born overseas to a Fijian citizen who was born in Fiji.
6. Partners and dependent children included in applications under the Pacific Access Category must also meet health and character requirements (see R4).

S1.40.10 Registration process for principal applicants

1. Principal applicants may register for entry into the relevant Tonga, Tuvalu, Kiribati, or Fiji pool of the Pacific Access Category within a set registration period. The dates of the registration period will be announced each year prior to the registration opening.
2. Registrations must be made on the Registration Form for Pacific Access Category, available on the INZ website (www.immigration.govt.nz) or from branches of INZ.
3. Registrations must be submitted during the registration period to the appropriate receiving office specified on the Registration Form for Pacific Access Category.
4. A fee is payable for registration. Payment must be made in a manner specified on the Registration Form for Pacific Access Category.
5. 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 Pacific Access Category. 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.

S1.40.15 Inclusion in registration of immediate family members of the principal applicant

1. Where the principal applicant has a partner and/ or dependent children all of those people must be included in the registration.
2. If a registration is successful in the pool draw, only a partner and/or dependent children included in the registration may be included in the resulting application for residence under the Pacific Access Category. This limitation applies despite R2.1 concerning the inclusion of family members in an application.
3. Any partner and/or dependent children who were eligible for inclusion in the registration but were not included must not subsequently be granted residence under the Partnership or Dependent Child policies of Family Category.
4. Nothing in (b) or (c) above means that a partner or dependent child who was included in the registration but not in the resulting application for residence may not subsequently be granted residence as a principal applicant under those Family category policies.

S1.40.20 Number of registrations that may be lodged

Applicants must lodge (or be included in) only one registration within the registration period. If a registration is lodged that includes applicants who are already included in a registration accepted by INZ, the subsequent registration(s) will not be accepted.

S1.40.25 Selection process following closure of registration

1. One month after the closure of the registration period, INZ will conduct an electronic draw.
2. Registrations will be randomly drawn from the pool of registrations, until the appropriate number of potential applicants to meet the various quotas of available places within the annual period has been met.
3. Principal applicants whose registrations have been drawn from the various pools will be notified by INZ in the month following the draw that their registration has been successful and that they must lodge a full application under the Pacific Access Category to the appropriate receiving office of INZ not more than six months after the date of that advice.
4. Principal applicants who are unsuccessful in the registration process within a particular registration period are able to re-register within subsequent registration periods at a reduced fee.

S1.40.30 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 S1.40.35.1 (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 S1.40.35 below.

S1.40.35 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 for applicants drawn from the 2005/2006 ballot who apply after 21 March 2006 is $24,793.00.
3. The gross minimum income requirement is $28,888.08 for all other applicants. This is based on the Unemployment Benefit (married and civil union rate) plus the maximum Accommodation Supplement (as set by the New Zealand Government).
4. The minimum income requirement must be derived from the acceptable offer of employment - see S1.40.30.

S1.40.35.1 Ability to include the partner’s income as part of the 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 for applicants drawn from the 2005/2006 ballot who apply after 21 March 2006 is $24,793.00.
3. The gross minimum income requirement is $28,888.08 for all other applicants. This is based on the Unemployment Benefit (married and civil union rate) plus the maximum Accommodation Supplement (as set by the New Zealand Government).
4. The minimum income requirement must be derived from the acceptable offer of employment - see S1.40.30.

S1.40.40 Minimum English language requirement

1. Immigration and visa officers determine 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.

S1.40.45 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. a letter from the employer stating whether or not any occupational registration is required by law for the principal applicant to take up the position, and
      • 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.

S1.40.50 Determining applications

1. Immigration and visa 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. Immigration and visa officers must assess the applicant's English language ability against the criteria at S1.40.40 above.

S1.40.55 Issue and grant of visas and permits

1. If an application for residence under the Pacific Access Category is approved and the applicant is in New Zealand lawfully, a residence permit will be granted.
2. If an application for residence under the Pacific Access Category is approved and the applicant is in Tonga, Kiribati, Tuvalu, or Fiji, 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 21/03/2006