LittleGreyCat

[Note to Moderators; I'm starting a thread to discuss what the implications of the new rules might be. Please feel free to move or merge if you would prefer.]

As note in the "sticky" thread above the new rules are now out.
I've had the first skim through bits, and apart from the income requirement of twice the median salary, there is the commitment to sponsor for 10 years.

I haven't read every bit of information yet, but this does immediately raise one question.

Please excuse any inaccuracies in this brief initial brain dump!
What is the sanction if the sponsor is unable at some point during the period to meet the 10 year commitment?
Permanent Residence visa withdrawn?
​​Assume that it takes 5 years to achieve NZ citizenship.
What sanctions could be taken after the granting of NZ citizenship?
Revocation of citizenship?

I find it hard to believe that anyone could commit to any financial benchmark for the next 10 years.
Anything could happen.
Lost job(s).
Divorce.(or separation for non-married partners)
Death of one partner.
Death of both partners.
Emigration of sponsor(s) to a new job.
The list could be very long.

As I understand it, the previous scheme was scrapped because people were "playing the system", allegedly the parents' incomes were being artificially inflated then the money disappeared and the parents were given to the state to support. So the entry requirements were deemed to be unrealistic.

I would like to know (and I will be looking) how any 10 year commitment could realistically be enforced.

LittleGreyCat

R4.10 - resposibilities of sponsor

"R4.10 Sponsorship undertakingsSee also Immigration Act 2009, s 48

1. Sponsorship creates a responsibility for the sponsor to ensure the sponsored person has accommodation, maintenance while in New Zealand, and outward travel.
2. The undertakings for which a sponsor is responsible, and in relation to which a debt is recoverable from the sponsor, are:
   1. accommodation, meaning suitable accommodation for the sponsored person in New Zealand, where the sponsored person does not have the means for their own accommodation; and
   2. maintenance, meaning the reasonable costs of essential provisions needed for the sponsored person’s health and welfare in New Zealand, where they do not have the means for these. This may include but is not limited to food, clothing and medical treatment where required; and
   3. repatriation, meaning any costs associated with the sponsored person leaving New Zealand at the end of the sponsorship period if the person:
      • does not have the means for their own repatriation (or refuses to pay for it); or
      • is liable for deportation.
   4. deportation, meaning any costs that are incurred during the sponsorship period in relation to the sponsored person’s deportation, which could include the costs of locating, detaining and maintaining the person, and their travel costs in being deported.
3. A visa holder themselves may have the means to fund their own maintenance, accommodation, and outward travel. However, if they do not, or refuse to, the sponsor is required to either provide these themselves directly or pay for the cost of providing them."

Given that this has been in place since 2010 this must have applied to the previous Parent Category immigrants.
Has this ever been enforced?
If one main issue was sponsors refusing to fund immigrants long term and letting the state pick up the costs, how is the new process any different?
Unless previously the sponsor was on a relatively low income and was thus unable to support both themselves and the parents once the parents' income magically disappeared?

That could explain the higher income requirements from the sponsor and lack of reliance on the income from the parents, I suppose.

LittleGreyCat

Looking back now to try and work out where we might be in the queue.

Closed thread about queue positions

Looking back, when the drawing of EOIs stopped there were people who had been drawn and invited to apply.
Does anyone know if all those applications were processed or if they are still in the queue?

MrsFychan

I would assume if they were invited to apply the process would of gone through, if they then uplifted a visa on the back of that application is another matter entirely.
from a faint memory the backlog of existing applications would take til 2024 to clear before any new one would be looked at. could be totally wrong on that so will see if I can find anything

MrsFychan

from reading this https://www.immigration.govt.nz/new-...sions-interest
if you submitted before it closed then you would need to update the application to show you meet the new criteria or you can withdraw it and apply for a refund.

MrsFychan

you need to fill out https://www.immigration.govt.nz/docu...s/inz-1249.pdf
an update to your existing EOI to avoid having the existing EOI be pulled and fail because it no longer meets the new criteria

LittleGreyCat

Been there, done that, waiting for the T shirt......

......and still wondering if they cleared the queue of all those who had their EOI selected and were invited to apply before the shutters came down.

MrsFychan

LittleGreyCat

Now wondering if they will even bother to process the queue during lock down.
I suppose it depends on when they expect the world to emerge from the current lock down and open borders again.

LittleGreyCat

Just got an email saying that the processing of EOI scheduled for late May 2020 has been postponed because of Covid-19.
No future date given,