PROBLEMS OF INTERPRETATION: ADDING A GLOSS TO IMMIGRATION INSTRUCTIONS: PARENT RETIREMENT AND THE ANNUAL INCOME REQUIREMENT OF $60K The Immigration and Protection Tribunal (the Tribunal) has in two decisions issued in 2023 incorrectly interpreted F3.5 Parent Retirement Category requirements. At F3.5.a(v) the Immigration Instructions require the principal applicant to “demonstrate an annual income of at … Read more
The immigration impact of criminal charges on non-citizens Most lawyers will have clients who have recently arrived in New Zealand, many of whom will not have obtained citizenship. Others will have family and friends who are non-citizens and who come up against issues involving their status or potential status in New Zealand, arising out of … Read more
Higgs and Witbrock v Minister of Immigration [2022] NZHC 1333 On 8 June 2022 the High Court at Auckland ruled that the New Zealand Bill of Rights Act was not breached when the Minister of Immigration lapsed various visitor visa applications where partners of New Zealand citizens were involved. During the Covid-19 pandemic Immigration New … Read more
Active Investor Plus category: 11 August 2022 On 20 July the New Zealand Government announced that the Investor 1 and Investor 2 categories would close. Applications in process would be accepted only until 27 July. Applications that have already been lodged and are waiting in the queue will continue to be processed under the existing … Read more
High Court declares refusal to consider offshore residence visa applications unlawful. In a paper dated 15 July 2020, I pointed out that the suspension of offshore residence visa applications by Immigration New Zealand was unlawful. It offended against a very basic principle, stretching back to the Magna Carta, that once a statutory application is filed … Read more
New 2021 Resident Visa On 30 September 2021, the New Zealand Government announced a new one-off residence visa that will provide a simplified pathway to residence for approximately 165,000 migrant workers currently in New Zealand. This new visa provides a way forward for migrant workers whose futures in New Zealand have been shrouded by COVID-19. … Read more
Accredited Employer Work Visa On 1 November 2021, Immigration New Zealand (“INZ”) will introduce the Accredited Employer Work Visa (“AEWV”). AEWV is a single work visa, replacing six existing work visa categories: Essential Skills Work Visa Essential Skills Work Visa – Approval in Principle Talent (Accredited Employer) Work Visa Long Term Skills Shortage List Work … Read more
Parent Investment: New Zealand PROGRAM OVERVIEW New Zealand’s investor visa categories include the parent retirement category which allows New Zealand citizens and residents living in New Zealand an opportunity to sponsor, through investment, their parents. The investment amount is NZD$ 1 million but there must be other assets of at least $0.5 million and a … Read more
Golden Visa New Zealand: Investor 1 PROGRAM OVERVIEW New Zealand’s Investor 1 visa program offers permanent residence (for life) with, in some circumstances, as little as 88 days presence in New Zealand over the 3 year investment period. The whole family can be included (see below). INVESTMENT An investment of NZ$10 million is required. It … Read more
Golden Visas: New Zealand: Investor 2 PROGRAM OVERVIEW New Zealand’s Investor 2 visa program offers permanent residence (for life) with, in some circumstances, as little as 438 days presence in New Zealand over the 4 year investment period. The whole family can be included (see below). INVESTMENT An investment of NZ$3 million is required though … Read more
Entrepreneur Residence Visa In recent times many have had the preconceived notion that the Entrepreneur Residence Visa Category is a relatively simple way of obtaining residence in New Zealand. Prospective applicants believe they only have to either set up or purchase a business, work on it for a couple of years and they are entitled … Read more
11 September 2020 This paper focusses on the unlawful suspension of processes involving residence applicants and grantees under the Investor Categories 1 and 2.[1] In particular the paper examines the following: The investor mid-investment checks at the two-year point for Investor 1 and Investor 2 residents (who have already been granted residence). The subsequent post-investment … Read more
The article in The New Zealand Herald on 3 August 2020 involving a married couple, one of whom is an Australian citizen, the other a New Zealand citizen has incorrect information. It is proposed that a petition will be filed with Parliament. Please note that both entry permission rules and residence and temporary visa rules … Read more
Since the return to work at level one at midnight on 9 June 2020, Immigration New Zealand’s officers (at least those working within the territory of New Zealand) have been able to return to work. It is understood that Immigration New Zealand’s offices in other countries such as China (Beijing) and India (Mumbai) may not … Read more
Yan Zhang v Minister of Immigration [2020] NZHC 568 (19 March 2020) In a recent decision the High Court at Auckland has confirmed that the decision of the Associate Minister of Immigration to refuse to grant residence as an exception after a referral back from the Immigration and Protection Tribunal, can amount to Wednesbury unreasonableness. … Read more
David Ryken’s New Zealand summary setting out our Covid-19 immigration response has been published at the International Bar Association ( as at 19 April). To read more see our library section for an up-dated version of our summary. See HERE
Immigration relief measures by country during Covid-19:(an International Bar Association Project of the Immigration and Nationality Law Committee) New Zealand Contributor: David Ryken, Ryken and Associates, Barristers and Solicitors, Auckland New Zealand Inbound travel/border restrictions 3 February 2020: Travel from China banned except for New Zealand citizens, residents and foreigners who have been outside of … Read more
Investor Residence in New Zealand New Zealand has unique residence rules. After qualifying for residence and, in the case of the investor categories, after the investment period is complete, residence is held indefinitely, without any further presence requirement. During the investment period residence is held and the grantee (and his or her dependants) can chose … Read more
Ryken and Associates remains open for business during our lock-down coronavirus response with almost all of our staff working from home remotely. New Zealand’s response to the pandemic clearly indicates a jurisdiction that cares for all its people (including the elderly and vulnerable), and is willing to make the necessary sacrifices to ensure we are … Read more
Surrogacy & Egg Donor Seminar – Auckland 15 February 2020 By: Stewart Dalley Stewart Dalley will be presenting on the legal aspects of international and domestic surrogacy at the Families Through Surrogacy seminar in Auckland on 15 February 2020. https://www.growingfamilies.org/auckland-seminar-feb-2020/ Joining Stewart will be Tamati Coffey MP and his partner who will share their journey … Read more
