S4.10 Refugee Family Quota Category (08/09/2003)

S4.10.1 Objective

The objective of the International/Humanitarian Stream is to enable New Zealand to meet its international and humanitarian obligations.

The objective of the Refugee Family Quota category is to facilitate the successful resettlement of refugees resident in New Zealand by providing them with an opportunity to sponsor family members, who with the exception of Family Quota category, do not qualify for residence under any other category of Government residence policy.

S4.10.5 How do people qualify for residence under Refugee Family Quota category policy?

A principal applicant who is a sponsor’s parent, grandparent, grandchild, adult child, sibling, uncle, aunt, nephew or niece, and their spouse or partner and dependent children, qualify for residence under the Refugee Family Quota category policy if:

1. their sponsor's registration (see S4.10.10) is selected or drawn from the Refugee Family Quota pool(see S4.10.10.15); and
2. they are not eligible for residence in New Zealand under any other category of Government residence policy with the exception of Family Quota category; and
3. they meet health and character requirements (see R4); and
4. their application is made within six months of the NZIS's advice to their sponsor that the sponsor's registration has been selected from the Refugee Family Quota pool.
5. In each case they must be sponsored by their adult child, adult grandchild (see S4.10.15.15 below), adult sibling (see S4.10.15.20 below), adult nephew, adult niece (see S4.10.15.25 below), adult aunt, adult uncle (see S4.10.15.30 below), parent or grandparent who:
   1. was granted residence in New Zealand on the basis of their status as a refugee (see S4.10.15.1 below), and
   2. has not sponsored any other principal applicant who has obtained residence in New Zealand under Refugee Family Quota category, and
   3. is in New Zealand, and
   4. is a New Zealand citizen or the holder of a current residence permit that is not subject to requirements under s18A of the Immigration Act 1987, and
   5. has been a New Zealand 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 Registration Form for Refugee Family Quota Sponsor is lodged, and
   6. 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.

      Note: Registrations from priority sponsors (see S4.10.15.5) will be given precedence for selection.

S4.10.10 Registration process for sponsors

1. New Zealand citizens and residents who meet the requirements for sponsors set out at S4.10.5 (e) above, may register with the NZIS to sponsor their parent, grandparent, grandchild, uncle, aunt, nephew, niece, adult sibling or adult child (see S4.10.15.10 below), and that person’s spouse or partner and/or dependent children for residence under the Refugee Family Quota category.
2. The registration period will be for one calendar month. For the annual period 1 July 2003 to 30 June 2004, the registration period will be from 1 October 2003 until 5.00 p.m. on 31 October 2003.
3. All registrations that are received by the NZIS before 5.00pm on the last day of the registration period from sponsors who meet the sponsorship requirements set out at S4.10.5 (e) above will be entered into the Refugee Family Quota pool, unless those registrations are not accepted (see S4.10.10.5). Registrations will be considered to meet the deadline if the envelope containing the registration is post-marked no later than 31 October 2003.
4. Registrations must be made on the Registration Form for Refugee Family Quota Sponsor, available on the NZIS website (http://www.immigration.govt.nz) or from onshore branches of the NZIS. The Registration Form for Refugee Family Quota Sponsor must include the undertakings set out at S4.10.30.
5. Registrations must be submitted during the registration period by mail to the address specified on the Registration Form for Refugee Family Quota Sponsor.
6. A fee is payable for registration.

S4.10.10.1 Inclusion in registration of immediate family members of the sponsored principal applicant

1. Where the sponsored person has a spouse or partner and/ or dependent children, all of those people must be included in the registration.
2. If a registration is selected, only the spouse or partner and/or dependent children included in the registration may be included in the resulting application for residence under the Refugee Family Quota category. This limitation applies despite R2.1 concerning the inclusion of family members in an application.
3. Any spouse or 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 policy of Family category.
4. Nothing in (b) or (c) above means that a spouse or 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.

S4.10.10.5 Number of registrations that may be submitted

1. Sponsors must lodge only one registration within the registration period. Each registration must be in respect of one potential principal applicant and that person’s spouse or partner and/or dependent children. If a single registration form includes more than one potential principal applicant, that registration form will not be accepted. If a single sponsor lodges more than one registration, the second and subsequent registration forms will not be accepted.
2. Each potential applicant can be included in only one registration. If a potential applicant is included in two or more registrations within one registration period, the second and subsequent registration forms will not be accepted.
3. A registration under the Refugee Family Quota category will not be accepted if any of the potential applicants included in that registration have a residence application under any other category of Government residence policy under consideration by the NZIS at the date the registration under Refugee Family Quota category is lodged.
4. A registration under the Refugee Family Quota category will not be accepted if, at the time the registration is lodged, any of the potential applicants included in the registration are unlawfully in New Zealand or subject to s.129U of the Immigration Act 1987 (concerning refugee status claimants).

   Notes:

   ~ Potential applicants should also be aware that they must be lawfully in New Zealand and not subject to s129U of the Immigration Act 1987 in order to lodge an application under the Refugee Family Quota category following a successful pool draw.

   ~ Where a registration is not accepted for any of the reasons set out in this provision, the registration fee will be returned to the sponsor.

S4.10.10.10 Number of places available under the Refugee Family category

1. The number of places available for sponsored persons (including family members) under the Refugee Family Quota category will be set annually and any change will be promulgated as an amendment to this policy.
2. The number of places available within the period 1 July 2003 to 30 June 2004 is 300.

S4.10.10.15 Selection process following closure of registration

1. Registrations from priority sponsors will be given precedence for selection.
2. During the month after the closure of the registration period, NZIS will conduct an assessment of registrations to identify those from priority sponsors. Registrations will be selected according to the following process:
   1. If the number of potential applicants included in registrations from priority sponsors exactly meets the quota of available places within the annual period, then all registrations from priority sponsors will be selected, and no draw will be held.
   2. If the number of potential applicants included in registrations from priority sponsors exceeds the quota of available places within the annual period, then NZIS will select registrations by conducting an electronic draw from a pool of registrations from priority sponsors alone.
   3. If the number of potential applicants included in registrations from priority sponsors is less than the quota of available places within the annual period then all registrations from priority sponsors will be selected. The NZIS will then conduct an electronic draw from a pool of all other registrations to fill the remainder of places available that year.
3. Where it is necessary to conduct an electronic draw, registrations will be randomly drawn from a pool of registrations as described in either (b) ii. or (b) iii. above depending on which situation applies, until the appropriate number of potential applicants to meet the quota of available places within the annual period has been met.
4. Sponsors whose registrations have been:
   1. selected on the basis of being from a priority sponsor in the circumstances described in (b) i. above, or
   2. drawn from a pool in the circumstances described in either (b) ii. or (b) iii. above,

   will be notified by NZIS in the month following the selection or draw that their registration has been successful and that they must advise the potential applicants whom they are sponsoring to lodge a full application under the Refugee Family Quota category to the appropriate receiving office of the NZIS not more than six months after the date of the NZIS advice to the sponsor. Any applications received outside that time limit will not be accepted.

5. Sponsors whose registration is not selected or drawn within a particular annual period are able to register within subsequent registration periods.
6. If insufficient registrations are lodged within a registration period to fill the number of places available under the Refugee Family Quota category, all valid registrations lodged within the registration period will be selected. The registration period may be re-opened, and the remaining available places filled according to the process in S4.10.10.15.

S4.10.15 Definitions

S4.10.15.1 Definition of 'refugee'

For the purpose of Refugee Family Quota category policy, 'refugee' means a person who was granted residence in New Zealand under Government residence policy by virtue of being either:

1. a Mandate or "Quota" refugee (people determined to be refugees by the United Nations High Commissioner for Refugees (UNHCR)) before arrival in New Zealand); or
2. a Convention refugee (people recognised as refugees by the New Zealand Government under the 1951 Convention Relating to the Status of Refugees and the 1967 Protocol Relating to the Status of Refugees (see C2.5 and C5.60).

S4.10.15.5 Definition of 'priority sponsors'

For the purpose of Refugee Family Quota category policy, 'priority sponsors’ means those sponsors who are either totally alone in New Zealand, or alone aside from dependent children, and have no other family member who is eligible for residence in New Zealand under any other category of Government residence policy, with the exception of Family Quota category.

S4.10.15.10 Definition of 'adult child'

In the context of a residence application under Refugee Family Quota category policy, 'adult child' means a child of 17 or older, unless they are dependent (see F4.5.5).

S4.10.15.15 Definition of 'adult child' for sponsorship purposes and 'adult grandchild' for sponsorship purposes

1. For sponsorship purposes, 'adult child' and 'adult grandchild' mean a child or grandchild of 17 or older.
2. However, children or grandchildren aged 17 to 24 must only be considered as 'adult children’ for sponsorship purposes or 'adult grandchildren’ for sponsorship purposes if they can satisfy a visa or immigration officer that they are able to meet the undertakings given in the sponsorship form.

S4.10.15.20 Definition of 'adult sibling' for sponsorship purposes

1. For sponsorship purposes, ‘adult sibling’ means a sibling aged 17 or older.
2. However, siblings aged 17 to 24 must only be considered as 'adult siblings’ for sponsorship purposes if they can satisfy a visa or immigration officer that they are able to meet the undertakings given on the sponsorship form.

S4.10.15.25 Definition of 'adult nephew' for sponsorship purposes and 'adult niece' for sponsorship purposes

1. For sponsorship purposes, 'adult nephew' and 'adult niece' mean a nephew or niece of 17 or older.
2. However, nephews or nieces aged 17 to 24 must only be considered as 'adult nephew’ for sponsorship purposes or 'adult niece’ for sponsorship purposes if they can satisfy a visa or immigration officer that they are able to meet the undertakings given in the sponsorship form.

S4.10.15.30 Definition of 'adult aunt' for sponsorship purposes and 'adult uncle' for sponsorship purposes

1. For sponsorship purposes, 'adult aunt' and 'adult uncle' mean an aunt or uncle of 17 or older.
2. However, aunts or uncles aged 17 to 24 must only be considered as 'adult aunt’ for sponsorship purposes or 'adult uncle’ for sponsorship purposes if they can satisfy a visa or immigration officer that they are able to meet the undertakings given in the sponsorship form.

S4.10.20 Evidence

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 S4.10.20.1 to S4.10.20.15 below are examples of relevant evidence: other documents may also be relevant.

S4.10.20.1 Evidence of identity of applicant(s)

1. For the purposes of the registration process, the NZIS may accept the statutory declaration made by the sponsor on the Registration Form for Refugee Family Quota Sponsor that the details they have provided of the person(s) being sponsored is true and correct as being sufficient evidence of identity.
2. Other evidence of identity may also be sought by the NZIS during the registration process.

S4.10.20.5 Evidence of immigration status of sponsors

When lodging a registration under the Refugee Family Quota category, sponsors must provide evidence of their immigration status as follows:

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

S4.10.20.10 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. When lodging a registration under the Refugee Family Quota category 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.

S4.10.20.15 Evidence of relationship to sponsor

1. When lodging their application for residence under the Refugee Family Quota category, principal applicants must provide all available evidence of their relationship to their sponsor.
2. Evidence of parent's, grandparent's, grandchildren’s, nephews’, nieces’, aunts’, uncles’, siblings' or adult children's, relationship to their sponsor includes but is not limited to original or certified copies of:
   • birth certificates establishing the relationship of the sponsor to the principal applicant, or
   • household registration documents, if these establish the relationship of the sponsor to the principal applicant, or
   • evidence of adoption (see R3), which establishes the relationship of the sponsor to the principal applicant, or
   • documents issued by the United Nations High Commissioner for Refugees (UNHCR) and/or other internationally recognised agencies if these establish the relationship of the sponsor to the principal applicant, or
   • any other evidence establishing the relationship of the sponsor to the principal applicant.
3. If satisfied that evidence necessary to establish an applicant’s relationship to their sponsor is not available or would be unduly difficult to obtain, visa or immigration officers may:
   1. specify another type of evidence to be submitted, such as a statutory declaration, and/or
   2. interview the principal applicant, those included in the application, or other parties involved in the application to verify identity and/or the relationship claimed by the applicant(s), and/or
   3. have the requirements waived by an appropriately delegated immigration officer if due to the circumstances of the applicant(s) this is considered appropriate.

S4.10.25 Verification of family details

Visa and immigration officers may refer to former applications lodged by applicants, family members of applicants or sponsors, in order to verify declarations made by applicants about their family details (such as the number of family members, the whereabouts of family members, or an applicant's or spouse's or partner's marital status).

S4.10.30 Undertakings of sponsors

A sponsor must undertake:

1. to ensure that adequate accommodation in New Zealand is and continues to be available for their relatives; and
2. to provide accommodation during the first 24 months of their relatives' residence in New Zealand if necessary.

Effective 08/09/2003