R4.15 Breach of sponsorship undertakings

See also Immigration Act 2009 ss 55, 159

1. Where sponsorship is required by the immigration instructions for a resident visa application, it is an ongoing condition of the visa granted to the sponsored person.
2. If costs are incurred by the Crown or a third party because any part of the maintenance, accommodation or outward travel needs of a sponsored person were not met, the sponsor is considered to have breached their sponsorship undertaking.
3. If costs are incurred by the Crown or a third party as a result of a sponsor breaching their sponsorship undertakings,
   1. the visa holder is deemed to have breached the conditions of their visa and will therefore become liable for deportation; and
   2. these costs are considered to be a debt owed by the sponsor, and the sponsor is liable to be pursued by the Crown or the third party to recover this debt.
4. A sponsor’s liability for any debt incurred to the crown or a third party as a result of a breach of their sponsorship undertakings remains:
   1. after the end of the sponsorship period, until the debt is recovered; and
   2. regardless of the subsequent status of the sponsored person in New Zealand or the departure of the sponsored person from New Zealand.

Effective 29/11/2010