Residual PAC Places Category

At a glance

The Residual PAC Places Category fills annual quota places for countries under the Pacific Access Category (PAC) that remain unfilled after the ballot draw. Instead of a ballot, INZ calls for resident visa applications within a specified period from citizens of those countries who are already in New Zealand [S1.41]. Successful applicants must meet the same core requirements as the main PAC – an acceptable job offer, age 18–45, minimum English, health and character, and, if applicable, a minimum income for dependants – but the selection is first‑come, first‑served, not by random draw [S1.41(1), (6)].

Country‑specific birth rules apply for Tonga, Kiribati, and Tuvalu: principal applicants must have been born in that country or born overseas to a citizen parent born in that country [S1.41(2)–(4)]. Fiji citizens do not have a birth requirement under this residual instruction.

Processing follows the order applications are received, and once all remaining places are filled, any undecided applications lapse [S1.41(6), (8)].

How to apply

1. INZ call for applications: INZ announces a call for residual PAC applications only when a country’s annual quota has not been filled by the ballot. The call specifies the period during which applications must be lodged [S1.41(1)].
2. Eligibility at time of call: To apply, the principal applicant must be a citizen of a country with unfilled places, and must be in New Zealand lawfully at the time the application is made [S1.41(1)(a)–(c)].
3. Prepare the application: Gather evidence of:
   • Citizenship and country‑specific birth requirements (where applicable) [S1.41(2)–(4)].
   • Acceptable offer of employment (or partner's offer) meeting the standard PAC employment criteria [S1.41(1)(d)][S1.40.30].
   • Minimum income of NZD $54,133.04 if dependent children are included [S1.41(1)(e)][S1.40.35].
   • English language ability to the satisfaction of the immigration officer [S1.41(1)(f)][S1.40.45].
   • Health and character certificates for the principal applicant, partner, and dependent children [S1.41(1)(g), (5)][A4][A5].
4. Lodge the application: Submit within the specified period in the prescribed manner. Applications are processed in the order received [S1.41(6)].
5. Decision: If all criteria are met, a resident visa is granted. If all residual places are filled before a decision is made, the application lapses [S1.41(7), (8)].

Eligibility criteria

Principal applicant requirements

• Citizenship and location: Must be a citizen of a PAC country (Fiji, Tonga, Tuvalu, Kiribati) with unfilled annual quota places, and must be in New Zealand at the time the application is called for, and lawfully in New Zealand when the application is made [S1.41(1)(a)–(c)].
• Employment: Must have an acceptable offer of employment (or a partner included in the application who has one) [S1.41(1)(d)]. The definition of “acceptable offer of employment” mirrors S1.40.30 – on‑going and sustainable, full‑time (generally 30+ hours/week), genuine, paid by salary or wages, with a compliant employer [S1.40.30].
• Age: 18 to 45 years inclusive [S1.41(1)(e)].
• Minimum income (if dependants): If dependent children are included, must meet the minimum income requirement of NZD $54,133.04. Partner income may be combined only if both partners have acceptable job offers and the partnership is genuine and stable for at least 12 months [S1.41(1)(e)][S1.40.35].
• English language: Must satisfy an immigration officer of a minimum level of English ability through interview, without a formal test score [S1.41(1)(f)][S1.40.45].
• Health and character: The principal applicant, partner, and any dependent children must meet health and character requirements for residence [S1.41(1)(g), (5)][A4][A5].

Country‑specific birth requirements

• Tonga: Principal applicants must have been born in Tonga or born overseas to a Tongan citizen who was born in Tonga [S1.41(2)].
• Kiribati: Principal applicants must have been born in Kiribati or born overseas to a Kiribati citizen who was born in Kiribati [S1.41(3)].
• Tuvalu: Principal applicants must have been born in Tuvalu or born overseas to a Tuvaluan citizen who was born in Tuvalu [S1.41(4)].
• Fiji: No birth requirement is stipulated under the residual instruction; ordinary PAC birth rules for Fiji do not extend here.

Partner and dependent children

Partners and dependent children included in the application must meet health and character requirements [S1.41(5)]. They are subject to the same lodgement and quota constraints, and their inclusion counts against the remaining country places.

Interpretation & edge cases

Trigger and timing
The Residual PAC Places Category operates only when a country’s annual quota is not fully used by the ballot. There is no regular schedule; a call for applications can occur at any point after the ballot when INZ determines that places remain [S1.41(1)]. Applicants must be physically in New Zealand at the time the call is made and lawfully in New Zealand when the application is lodged [S1.41(1)(b)–(c)].

Processing order and lapsing risk
Applications are decided in the order received, not on a merit basis [S1.41(6)]. A late‑filed application that meets all criteria may still lapse if the quota is exhausted before it is processed. This creates an incentive to apply promptly once a call is announced and to ensure a complete lodgement.

No ballot bypass for future PAC rounds
Gaining residence through the residual pathway does not affect subsequent PAC ballot eligibility. The residual instruction is a separate mechanism to fill unused places and does not reset or alter a person’s entry in future ballot registrations.

Intersection with main PAC requirements
The residual instruction incorporates the acceptable offer of employment, income, and English language standards from S1.40.30, S1.40.35, and S1.40.45 by reference [S1.41(1)(d)–(f)]. INZ officers will apply those standards in the same way as for a ballot-based PAC application, including employer compliance checks and income combination rules for couples.

Fiji anomaly – no birth condition
The absence of a birth rule for Fiji under S1.41 contrasts with the main PAC instruction (S1.40.5(2)), where Fiji citizens must have been born in Fiji or to a Fijian citizen born in Fiji. A practical consequence is that a Fijian citizen who does not meet the birth test under the full PAC could still qualify under the residual category if in New Zealand lawfully during a call and otherwise eligible. This is an unusual pathway for Fijian applicants who might have been excluded from the main ballot.

Citations

• S1.41 — Residual PAC Places Category
• S1.40.30 — Acceptable offers of employment
• S1.40.35 — Minimum income requirement
• S1.40.45 — Minimum English language requirement
• A4 — Health requirements
• A5 — Character requirements