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
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
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
INTERNATIONAL BAR ASSOCIATION GLOBAL IMMIGRATION CONFERENCE 30 October – 1 November 2019 NEW ZEALAND’S HALFWAY HOUSE INVESTOR VISAS FOR LIFE David Ryken, Principal New Zealand’s Halfway House Investor Visas For Life New Zealand does not sell passports or have an investor citizenship program. What it does offer however is quite unique throughout the world. After … Read more
BUSINESS RESIDENCE CLASS VISAS INTRODUCTION This paper will consider Immigration New Zealand’s policy in the following areas: (i) Investor 1 (Investor Plus). (ii) Investor 2. (iii) Entrepreneur (Work to Residence). (iv) Permanent Residence. (v) Parent Retirement (an investor category). After discussing the basic policy provisions by way of introduction, there will be further discussion … Read more
This paper was first delivered at the LexisNexis Immigration Law Conference on 22 May 2018 Stewart Dalley, Associate; Somang you, Senior Solicitor, and Pooja Sundar, Solicitor, Ryken and Associates RESIDENCE APPEALS – CURRENT LANDSCAPE Since last year’s conference there have been 235 decisions fully uploaded to the Immigration and Protection Tribunal’s website (covering … Read more
This article first appeared in October 2017 issue of Hospitality Insights Vol 1, No 1, Inaugural issue. Immigration New Zealand (INZ) recently announced changes to the skilled migrant residence and essential-skills work visas based on a strong association between skills and salary. This shift will impact both employers and migrants, especially in hospitality. According to the INZ, … Read more
This article first appeared in the March 2018 issue of the Newsletter of the Immigration and Nationality Law Committee of the Legal Practice Division of the International Bar Association (Vol 22, No 1) and is reproduced by kind permission of the International Bar Association, London, UK. © International Bar Association. New Zealand immigration … Read more
Immigration Policies and their Impact on New Zealand Society 1.0 THE COLONIAL PAST 1.1 New Zealand was undoubtedly the last country in the world to be settled by humanity. The Maori people, the tangata whenua arrived from the central South Pacific, probably during the 13th and 14th centuries (see King (see below at 2.5): pages … Read more
Section 6 NZBORA – In the Eye of the Beholder? On 7 March 2016, the Human Rights Review Tribunal (HRRT) delivered its decision in Adoption Action Inc v Attorney-General [2016] NZHRRT 9. Here, the HRRT issued six declarations of inconsistency between the Human Rights Act 1993 and the Adoption Act 1955 (it also issued a … Read more
Can You Bring the Family: A Review of Current Immigration Trends in Family Immigration: New Zealand 1.0 Introduction 1.1 New Zealand has liberal policies relating to those who may be included as dependants in a primary application for residence. Over the last ten years, subsequent sponsorships for family members however, have become more restrictive, unless … Read more
