Bond

At a glance

The bond is a monetary payment imposed on visitor visa applicants who, despite meeting other criteria, present a risk of remaining in New Zealand after their visa expires. [E4.55] It is used sparingly, only for visitor visa applications from outside New Zealand, and cannot exceed NZ $5,000 per individual or NZ $10,000 per application. [E4.55] The bond is refundable if the visitor departs lawfully or gains residence; it may be forfeited if the visitor overstays or breaches conditions. [E4.55]

Definition

A bond, for temporary entry, is a sum of money intended to manage the risk of a person remaining unlawfully after their visa expires. [E4.55] It is not a fee — it can be imposed on citizens of countries with fee‑waiver agreements. [E4.55]

Application in decisions

A bond may be imposed before a visitor visa is granted to a person applying from outside New Zealand. The immigration officer must first carry out normal verification. [E4.55] A bond can only be used to address an identified risk that the applicant may overstay; it cannot manage health or character risks. [E4.55] The officer must be satisfied that the bond is both necessary — without it a visa could not be issued — and sufficient to manage the risk. [E4.55]

Bonds may not be imposed on refugees or protection claimants, persons granted limited or transit visas, Samoan citizens, dependent children included in an adult visitor visa application, or where issuing a visa under normal instructions would be possible. [E4.55][L2.20] A bond may not be imposed as a condition to grant a limited visa if the purpose of the bond is to manage an identified risk that the applicant may remain in New Zealand after their visa expires. [L2.20]

When a bond is imposed, the conditions, refund situations, and forfeiture grounds are set out in an approved letter that the applicant must sign. [E4.55] Payment must be made in NZ dollars before the visa is granted, and it is held in an INZ trust account without interest to the payer. [E4.55]

The bond amount differs by region of the applicant's country of citizenship, reflecting repatriation costs, with a maximum of $5,000 per person and $10,000 per application. [E4.55] The table in E4.55.30 sets specific amounts: $2,000 for the Pacific, $3,000 for most of Asia, $4,000 for the Americas and Caribbean and Iceland, $5,000 for Western/Eastern Europe, Middle East, India, Pakistan, Africa.

E7.32 marginal risk pathway

Under E7.32, if a visitor visa application cannot be approved under normal temporary entry instructions because of an identified risk that the applicant may overstay, and that risk is marginal (minimal, insubstantial, or remote), the immigration officer may impose a bond as a condition of granting the visa. [E7.32][E4.55] This provides an alternative to a full decline and must be both necessary and sufficient to manage the risk. [E7.32][E4.55] The bond imposed under E7.32 must comply with all the provisions of E4.55, including the restrictions on who may be bonded and the maximum amounts. [E4.55]

Refund

A bond is refunded in full if the bonded person remains lawful and leaves New Zealand or gets residence, or is recognised as a refugee or protected person. [E4.55] Partial refund is possible if the person overstays for less than six consecutive months then voluntarily leaves or obtains residence. [E4.55] The person eligible must apply in writing within 12 months of departure or becoming unlawful. [E4.55] Refunds are paid in NZ dollars to the payer or an authorised third party, by bank draft or telegraphic transfer. [E4.55]

Forfeiture

A bond may be forfeited in whole or in part. $1,000 may be forfeited if the bonded person overstays; the whole bond may be forfeited if the person is deported, remains unlawful for over six months, or fails to apply for a refund within 12 months. [E4.55] The decision-maker considers the reason for the bond, the extent of compliance, any explanation, and the cost to the Crown. [E4.55] Forfeiture does not prevent other enforcement action, including deportation. [E4.55]

The Minister may by special direction exempt or refund a bond in whole or in part. [E4.55]

Interpretation & edge cases

• Necessity and sufficiency: The officer must be satisfied that the bond is both necessary and sufficient to manage the identified overstay risk. If the applicant can satisfy the visa instructions without a bond, no bond may be imposed. [E4.55]
• Refugee/protection claimants: A bond imposed before a person became a claimant must be refunded automatically if the person is later recognised. No new bond can be imposed on a claimant. [E4.55]
• Dependent children: A dependent child included in an adult visitor visa application cannot have a bond imposed on them. [E4.55]
• Samoan citizens: By instruction, no bond may be imposed on a citizen of Samoa. [E4.55]
• Partial refund after overstay: A bond may be partially refunded if the person overstays for less than six months and leaves voluntarily or gets residence, but full forfeiture can apply. [E4.55]
• Automatic forfeiture: If the person entitled to a refund fails to apply within 12 months, the bond is forfeited in whole irrespective of compliance. [E4.55]
• Ministerial special direction: The Minister can direct an exemption from or refund of a bond, providing a residual discretionary avenue. [E4.55]

Citations

• E4.55 — Bonds
• E7.32 — Applications for temporary visas overstay risk
• L2.20 — Bonds and limited visas