F4.5 Definitions (to 07/10/2019)

Note: The instructions in this section cease to be effective from 07 October 2019

F4.5.1 Definition of 'lawfully and permanently'

People are lawfully and permanently in a country if they either:

1. are:
   1. citizens or persons who have the right of or permission to take up indefinite residence in that country, and
   2. actually reside in that country; or
2. live in a refugee camp in that country with little chance of repatriation.

Note: For the purpose of determining whether an applicant meets the requirements of the Parent Category, if a person does not have the right of, or permission to take up, indefinite residence in the country in which they actually reside, they are deemed to be lawfully and permanently in the country in which they:
~ predominantly lived in the last 10 years; and
~ are entitled to reside lawfully and permanently.

F4.5.5 Definition of 'dependent child'

For the purpose of the Parent Category, and despite the definition in section 4 of the Immigration Act 2009, a child is dependent if they:

1. are:
   1. aged 21 to 24, with no child(ren) of their own; and
   2. single (see F5.5); and
   3. totally or substantially reliant on their parent(s) for financial support, whether living with them or not; or
2. are:
   1. aged 18 to 20, with no child(ren) of their own; and
   2. single (see F5.5); or
3. are:
   1. aged 17 or younger; and
   2. single (see F5.5).
4. When determining whether a child of 21 to 24 years of age is totally or substantially reliant on their parent(s) for financial support, immigration officers must consider the whole application, taking into account all relevant factors including whether the child:
   • is in paid employment, whether this is full-time or part-time, and its duration;
   • has any other independent means of financial support;
   • is living with their parents or another family member, and the extent to which other support is provided; or
   • is studying, and whether this is full-time or part-time.

F4.5.10 Definition of 'adult child'

For the purpose of the Parent Category, 'adult child' means a child of 18 or older, unless they are dependent (see F4.5.5).

F4.5.15 Definition of 'adult child’ for sponsorship purposes

1. For sponsorship purposes, 'adult child' means a child of 18 or older.
2. However, children aged 18 to 24 must only be considered as 'adult children’ for sponsorship purposes if they can satisfy an immigration officer that they, like other sponsors, are able to meet sponsorship undertakings (see R4.10) and, if applicable, the minimum income requirement (see F4.30.1 and F4.35.1).

Note: Parents sponsored by adult children who are also dependent children will not meet the requirements at F4.20.5.

F4.5.20 Definition of ‘guaranteed lifetime minimum income’

For the purposes of the Parent Category, a ‘guaranteed lifetime minimum income’ is an annual income that is paid to a person indefinitely to at least the level required to be granted residence under tier one of the Parent Category (see F4.30.5). Income can only be considered ‘indefinite’ if it will continue to be paid to a person indefinitely once they become a New Zealand resident and citizen.

F4.5.25 Definition of 'funds earned or acquired legally'

1. Funds and/or assets earned or acquired legally are funds and/or assets earned or acquired in accordance with the laws of the country in which they were earned or acquired.
2. Immigration officers have discretion to decline an application if they are satisfied that, had the funds and/or assets been earned or acquired in the same manner in New Zealand, they would have been earned or acquired contrary to the criminal law of New Zealand.

F4.5.30 Definition of 'unencumbered funds'

Unencumbered funds are funds that are not subject to any mortgage, lien, charge and/or encumbrance (whether equitable or otherwise) or any other creditor claims.

F4.5.35 Definition of ‘New Zealand Government benefit’

For the purposes of the Parent Category, a ‘New Zealand Government benefit’ is welfare assistance which was applied for and granted under the Social Security Act 1964.

Effective 16/05/2014