Immigration Act 2009: Sponsorship

Who is this factsheet for?

This fact sheet is for people or organisations whosponsor
an applicant, and for applicants whoare beingsponsored.
This fact sheet is also forthose who aresponsors and
those who aresponsored applicants at the time the new
Act is introduced.
What is changing?
The Immigration Act 2009 creates a new, strengthened
framework for sponsorship. The new sponsorship
frameworkbetter protects sponsored individuals and New
Zealand taxpayers by ensuring sponsorship requirements
and obligations are applied consistently across different
categories.
Key changes:
Sponsorsare no longerable to choose which part
of sponsorship they wish to be accountable for
all sponsorsareresponsible for all aspects of
maintenance, accommodation and repatriation (or
deportation) for the sponsored person.
Sponsorsare responsible for temporary entry visa
holders for the longest of these periods:
until the sponsored person leaves NewZealand
with no valid visa to return (i.e. with no more travel
conditions), or
until the sponsored person gets a new visa with
a new sponsor (or a new visa that doesnt require
sponsorship).
The sponsors obligations do not end if the sponsored
person becomes unlawful any costs incurred until
the sponsored person receives a new visa or leaves
NewZealand are the responsibility of the sponsor.

DOL 11549.5 DEC 10

Sponsorsare responsible for resident visa holders for

a specific period, usually two or five years, according to
the residence category the sponsored person applied
under.

Sponsors can be organisations or government

agencies, as well as individuals. Organisations and
government agenciesare onlyeligible to sponsor visitor
visas and Talent (arts, culture and sports) visas (both
work-to-residence and residence-from-work).
More specific eligibility criteria for all sponsorsare
introduced (see the table below).
Sponsorshipis an ongoing condition of a visa. This
means if a sponsor fails to meet their obligations at
any time during the validity of the visa, the sponsored
personis considered to have breached the conditions
of their visa and may become liable for deportation.
Government agencies
Government agencies do not have to meet eligibility
criteria beyond being a government department under
the State Sector Act 1988, or a Crown entity as defined in
section 7(1) of the Crown Entities Act 2004.
Consequences of not meeting the new
sponsorship obligations
A sponsor breaches their obligations when any costs
related to the sponsored persons maintenance (including
medical costs), accommodation or repatriation (or
deportation, as the case may be) are not paid by either the
sponsored person or the sponsor and are left to be paid
by a third party or the Crown.
Since sponsorship is a condition of the sponsored visa, a
breach of obligations by the sponsor means a breach of
visa conditions by the sponsored person. A visa holder who
breaches his or her visa conditions may become liable for
deportation.
Any cost incurred by a third party or the Crown also
becomes a debt owed by the sponsor. If the cost remains
unpaid, the sponsor is liable to be pursued in court to
recover that debt.

New criteria to be an eligible sponsor

Natural person
(individual)

Organisation
(company, charitable trust or society)

Must be a New Zealand citizen or hold a residence class visa.

Must be a registered New Zealand company, charitable

trust or incorporated society.
Must nominate an authorised contact person.

Must not sponsor for the purpose of receiving a financial reward or a fee.
Must not have previously been convicted of any offence under immigration law (including, for organisations, any such
conviction of their listed directors, trustees or management).
Must not have an outstanding debt to the Crown or a third party resulting from a previous sponsorship arrangement.
Must not have previously breached sponsorship obligations.
Must not be bankrupt or have entered insolvency
procedures.

Must not be in receivership or liquidation.

Must not be liable for deportation.

Must not be incarcerated (or awaiting sentencing, once
convicted of an offence which may lead to incarceration).
Must be in New Zealand for the duration of the
sponsorship period.

What happens to those who are already

sponsoring a visa-holder when the new
Actcame into force on 29 November 2010?
Some aspects of the new sponsorship frameworkare
transferred to people who sponsored visa/permit
applications under the Immigration Act 1987, if that
sponsored visa/permit was still valid when the new
Immigration Act 2009came into force.
Whichever part of sponsorship the sponsor had agreed
to be accountable for before the commencement of the
Immigration Act 2009 (i.e. before 29November2010),
becomes an ongoing condition of the sponsored visa. New
obligationsare not imposed.
Example: A sponsor guarantees accommodation for a
visitor visa/permit holder who arrives in New Zealand on
10 November 2010. After 29 November 2010, the visitors
permit is deemed to be a visitor visa under the new Act,
and the guarantee of accommodation is automatically
considered to be an ongoing condition of that visitor visa.
Any breach of this guarantee by the sponsor can lead to
the consequences described above in Consequences of
not meeting the new sponsorship obligations. However, the

Must show a link between the organisations activities

and the purpose of the sponsored persons stay in New
Zealand.

sponsors obligation remains limited to accommodation

only, and the sponsor is not liable for any costs of
maintenance or repatriation (or deportation) for the
sponsored person.
Further information
More information about sponsorship can be found in the
Sponsorship Forms (Sponsorship Form for Residence
(1024), Sponsorship Form for Temporary Entry (1025),
Talent (Arts, Culture and Sports) Sponsorship Form (1091)),
which areavailablewww.immigration.govt.nz/forms.
Disclaimer: Every care has been taken to ensure the
information in this factsheet is accurate. While the use of
the information in this factsheet may assist you in your
application, applications will be assessed by Immigration
New Zealand according to the requirements of the
Immigration Act 2009.

December 2010
DISCLAIMER
Every care has been taken to ensure the information in this factsheet is accurate. While the use of the information in this factsheet may assist you in your
application, applications will be assessed by Immigration New Zealand according to the requirements of the Immigration Act 2009.