Sponsorship for temporary entry

At a glance

E6 sets out the sponsorship framework for temporary entry class visa applications. Sponsorship is a mechanism by which a New Zealand-based person or organisation undertakes certain obligations in support of a visa applicant's temporary stay. [E6]

The objective, set out at E6.1, is to ensure that applicants have means of support in New Zealand and to protect the Crown and third parties from the potential costs of the visa holder seeking support or government assistance they are not entitled to, as well as costs from repatriation or deportation. [E6.1]

Sponsorship is an ongoing condition of the visa. If the sponsor fails to comply with the sponsorship undertakings, the sponsored person is deemed to have breached the conditions of their visa and becomes liable for deportation. [E6.20]

The concept of being ordinarily resident in New Zealand is central to sponsorship eligibility — a sponsor must generally be ordinarily resident in New Zealand to act in that capacity. [E6]

E6.5 further defines who is an acceptable sponsor: a natural person who is a New Zealand citizen or residence class visa holder, an organisation registered in New Zealand, or a government agency. All sponsors must provide written undertakings for maintenance, accommodation, and deportation/repatriation costs, and each category has additional integrity criteria. [E6.5]

E6.10 sets out the evidence a sponsor must provide with the application, including a completed Sponsorship Form for Temporary Entry (INZ 1025) and evidence that the sponsor is an acceptable sponsor. [E6.10]

Definition

E6 provides the overarching framework for sponsorship in the temporary entry context. Sponsorship involves a sponsor (who may be an individual or an organisation) accepting certain obligations toward the visa applicant and toward Immigration New Zealand. [E6]

The objective stated in E6.1 confirms that the sponsorship requirement ensures applicants have means of support and protects the Crown and third parties from costs arising from the visa holder seeking support, government assistance they are not entitled to, or repatriation/deportation. [E6.1]

Key elements of the sponsorship framework include:

• Who may act as a sponsor for temporary entry purposes;
• The obligations a sponsor undertakes;
• The relationship between sponsorship and the assessment of the visa application;
• The consequences of a sponsor failing to meet their obligations. [E6]

Under E6.20, sponsorship is an ongoing condition of the visa. A failure by the sponsor to comply with the sponsorship undertakings will cause the sponsored person to be deemed to have breached the conditions of their visa and become liable for deportation. [E6.20]

The sponsorship concept intersects with other instructions, including the definition of ordinarily resident at E4.10, which determines whether an individual sponsor has sufficient connection to New Zealand. [E6]

Who is an acceptable sponsor

An acceptable sponsor must fall within one of three categories (E6.5(c)):

• Natural person — a New Zealand citizen or holder of a current residence class visa without conditions other than travel conditions (section 49(1)(a) or section 50 of the Immigration Act 2009). [E6.5]
• Organisation — registered in New Zealand as a company, incorporated society, or charitable trust. [E6.5]
• Government agency — a government department named in Schedule 1 of the State Sector Act 1988, or a Crown entity as defined in section 7(1) of the Crown Entities Act 2004. [E6.5]

The specific category of sponsor permitted for a particular visa type is set out in the immigration instructions for that type (E6.5(d)). For example, work visa instructions may specify whether only organisations or also natural persons may sponsor. [E6.5]

All sponsors must provide written undertakings covering maintenance, accommodation, and the cost of deportation or repatriation of the applicant (see E6.15). [E6.5]

It is a matter of absolute discretion for the immigration officer whether a proposed sponsor is acceptable; no appeal lies against this decision (E6.5(g)). [E6.5]

Additional criteria for natural persons (E6.5.1)

In addition to the general requirements, a natural person must:

• be ordinarily resident in New Zealand during the sponsorship term (unless specific instructions provide otherwise); [E6.5]
• not sponsor for financial reward or fee; [E6.5]
• not have been convicted of an offence under immigration law; [E6.5]
• not have an outstanding debt to the Crown or third parties from a previous sponsorship; [E6.5]
• not have previously breached sponsorship obligations; [E6.5]
• not be bankrupt or in insolvency procedures; [E6.5]
• not be liable for deportation or have liability suspended; [E6.5]
• not be serving a custodial sentence or awaiting sentencing for a crime carrying a custodial sentence. [E6.5]

Additional criteria for organisations (E6.5.5)

In addition to the general requirements, an organisation must:

• show a clear link between its activities and the purpose of the applicant's entry; [E6.5]
• not sponsor for financial reward or fee (but expected profit from an employee's work is not a bar); [E6.5]
• not have been convicted of an offence under immigration law; [E6.5]
• not have any director, trustee, or manager convicted of an immigration offence; [E6.5]
• not have an outstanding sponsorship debt to the Crown or third parties; [E6.5]
• not have previously breached sponsorship obligations; [E6.5]
• not be in receivership or liquidation. [E6.5]

Evidence a sponsor must provide (E6.10)

Under E6.10, a sponsor must provide the following evidence with the application of the person being sponsored: [E6.10]

• A completed Sponsorship Form for Temporary Entry (INZ 1025); [E6.10]
• Evidence that all sponsorship undertakings can be met; [E6.10]
• Evidence that the sponsor is an acceptable sponsor under E6.5, including: [E6.10]
  • For natural persons: evidence they are a New Zealand citizen, or the holder of a New Zealand residence class visa that is not subject to conditions under section 49(1)(a) or section 50 of the Immigration Act 2009; [E6.10]
  • For organisations: evidence they are registered in New Zealand as a company, incorporated society, or charitable trust; [E6.10]
• Any other evidence requested by an immigration officer to support the application. [E6.10]

Evidence that a sponsor is a New Zealand citizen may include but is not limited to original or certified copies of: [E6.10]

• A valid New Zealand passport; [E6.10]
• A Certificate of New Zealand Citizenship; [E6.10]
• A recent official statement of citizenship from the Department of Internal Affairs; [E6.10]
• A New Zealand birth certificate; [E6.10]
• An endorsement in a foreign passport indicating the fact of New Zealand citizenship. [E6.10]

Evidence that a sponsor is a residence class visa holder may include but is not limited to original or certified copies of: [E6.10]

• A current New Zealand residence class visa in the sponsor's passport or on a certificate of identity; or [E6.10]
• Evidence the sponsor is deemed to hold a residence class visa. [E6.10]

Sponsorship undertaking (E6.15)

The sponsorship undertaking creates a responsibility for the sponsor to ensure the sponsored person's needs for accommodation, maintenance, and repatriation or deportation are met while in New Zealand. [E6.15] Even if the sponsored person has the means to fund their own costs, the sponsor remains liable if they do not, or refuse to, cover them. [E6.15]

The undertaking for which the sponsor is responsible, and in relation to which a debt is recoverable from the sponsor, includes:

• Accommodation: suitable accommodation in New Zealand where the sponsored person does not have the means for their own accommodation. [E6.15]
• Maintenance: the reasonable costs of essential provisions needed for the sponsored person's health and welfare, including (but not limited to) food, clothing, and medical treatment, where they lack the means. [E6.15]
• Repatriation: costs associated with the sponsored person leaving New Zealand at the end of the sponsorship period if they do not have (or refuse to pay for) their own departure, or if they are liable for deportation. [E6.15]
• Deportation: any costs incurred during the sponsorship period in relation to the sponsored person's deportation, which could include the costs of locating, detaining, maintaining the person, and their travel costs in being deported. [E6.15]

The sponsorship undertaking is in effect from the date the sponsored person arrives in New Zealand, or if they are already onshore, from the date the sponsored visa is granted, until the earliest of:

• the date the sponsored person is granted a new visa with a new sponsor or no sponsorship requirement;
• the date the sponsored person leaves New Zealand without further travel conditions allowing them to return to New Zealand on the sponsored visa;
• the date the sponsored person is deported from New Zealand. [E6.15]

Application in decisions

Immigration officers must consider the sponsorship framework when a visa application relies on or is supported by a sponsor. The sponsorship arrangements must comply with the requirements set out in E6. [E6]

Where a visa application depends on sponsorship, the immigration officer must be satisfied that the sponsor meets the relevant criteria and has accepted the obligations required under the instructions. [E6]

Under E6.20, sponsorship is an ongoing condition of the visa. Any failure by the sponsor to meet the sponsorship undertakings will cause the sponsored person to be deemed to have breached the conditions of their visa and become liable for deportation. Immigration officers may consider this consequence when monitoring compliance or assessing subsequent applications. [E6.20]

Under E6.10, immigration officers must also be satisfied that the sponsor has provided the required evidence — including the completed INZ 1025 form and proof of acceptable sponsor status — before the application can be approved. [E6.10]

Breach of sponsorship

A sponsor is considered to have breached their sponsorship undertakings if costs are incurred by the Crown or a third party because any part of the maintenance, accommodation, or repatriation or deportation needs of the sponsored person were not met. [E6.25]

Any costs incurred by the Crown or a third party as a result of a breach of the sponsorship undertakings are a debt owed by the sponsor and are recoverable from the sponsor in a court of law. [E6.25]

A sponsor's liability for any such debt remains:

• after the end of the sponsorship period, until the debt is recovered; and
• regardless of the subsequent status of the sponsored person in New Zealand or the departure of the sponsored person from New Zealand. [E6.25]

Interpretation & edge cases

• Sponsorship is distinct from the general bona fide assessment under E5, though a credible sponsorship arrangement may support a finding that the applicant genuinely intends a temporary stay. [E6]
• The requirements for a sponsor to be ordinarily resident are assessed under E4.10 (see Ordinarily resident in New Zealand). An individual who does not meet the ordinarily resident test cannot act as a sponsor. [E6]
• Organisational sponsors may be subject to additional requirements beyond those for individual sponsors, including accreditation or registration requirements under other instructions. [E6]
• The sponsorship framework in E6 operates alongside the lodgement requirements in E4 and the bona fide requirements in E5, but imposes its own distinct set of obligations on the sponsor. [E6]
• The immigration officer has absolute discretion to accept or reject a sponsor; this decision is not subject to appeal. [E6.5]
• A natural person sponsor must remain ordinarily resident in New Zealand throughout the sponsorship period, unless specific instructions provide otherwise. [E6.5]
• Organisations must ensure none of their directors, trustees, or management have immigration‑related convictions, even if the organisation itself has a clean record. [E6.5]
• The prohibition on financial reward does not preclude an employer sponsor from deriving expected profit from the employee's labour. [E6.5]
• A sponsor who is not a natural person must nominate an authorised contact individual for sponsorship purposes. [E6.5]
• Crown entities include a wide range of bodies such as school boards of trustees and tertiary institutions, in addition to the entities listed in the Crown Entities Act. [E6.5]
• The list of acceptable evidence for citizenship and residence status under E6.10 is not exhaustive; immigration officers may accept other forms of evidence at their discretion. [E6.10]
• An immigration officer may request additional evidence beyond what is listed in E6.10 to support the application, giving officers flexibility to address case-specific concerns. [E6.10]
• The sponsorship undertaking continues until the earliest of the three terminating events: grant of a new visa without sponsorship requirements, departure without return travel conditions, or deportation. A sponsor may still be liable for repatriation costs even if the sponsored person leaves voluntarily but lacks the means to pay. [E6.15]
• Under E6.20, the sponsor's failure to meet undertakings directly causes the sponsored person to be deemed in breach of visa conditions, triggering deportation liability regardless of whether the visa holder has personally contravened any other condition. [E6.20]
• Under E6.25, a sponsor's liability for breach-related debt continues after the sponsorship period ends until the debt is recovered, and remains regardless of the subsequent immigration status or departure of the sponsored person. [E6.25]

Citations

• E6 — Sponsorship for temporary entry
• E6.1 — Objective
• E6.5 — Acceptable sponsors
• E6.10 — Evidence of sponsorship
• E6.15 — Sponsorship undertaking
• E6.20 — Sponsorship as a condition of a visa
• E6.25 — Breach of sponsorship