Special Samoan Quota Places Category

At a glance

This time‑limited category was open only until 31 March 2009. It allowed Samoan citizens who had an undecided application under the Residual Quota Places Category lodged before 28 November 2005, and not decided by 7 December 2008, to withdraw that application and apply for residence under specific criteria [S1.45.5]. No new applications are accepted; the category is closed. Applications lodged before the deadline are processed in the order they are received [S1.45.5(4)−(5)].

Principal applicants had to:

• be a Samoan citizen (born in Samoa or born overseas to a Samoan citizen born in Samoa) [S1.45.5(1)(a)]
• have made an application under the Residual Quota Places Category before 28 November 2005 that was not decided by 7 December 2008 [S1.45.5(1)(b)]
• have withdrawn that undecided application after 7 December 2008 [S1.45.5(1)(c)]
• have an acceptable offer of employment (or a partner included in the application who has one) [S1.45.5(1)(d)][S1.45.10]
• meet the minimum income requirement if dependent children are included [S1.45.5(1)(e)][S1.45.15]
• meet a minimum level of English language ability assessed by an immigration officer [S1.45.5(1)(f)][S1.45.20]
• meet health and character requirements themselves, and ensure partners and dependent children do [S1.45.5(1)(g)][S1.45.5(2)][A4][A5]
• lodge the application by 31 March 2009 [S1.45.5(5)].

How to apply

Applications were required to be made using the Application for Special Samoan Quota Places form and sent to the designated receiving office in New Zealand [S1.45.5(3)]. All applications that met mandatory lodgement requirements are processed strictly in the order they were received [S1.45.5(4)]. The deadline for lodgement was 31 March 2009; no further applications are accepted [S1.45.5(5)].

Eligibility criteria

Principal applicant requirements

1. Citizenship: Must be a Samoan citizen, born in Samoa or born overseas to a Samoan citizen who was born in Samoa [S1.45.5(1)(a)].
2. Prior RQPC application: Must have made an application for a resident visa under the Residual Quota Places Category before 28 November 2005 that was not decided as at 7 December 2008 [S1.45.5(1)(b)].
3. Withdrawal of prior application: Must have withdrawn that undecided application after 7 December 2008 [S1.45.5(1)(c)].
4. Acceptable offer of employment (or partner has one): The offer must meet the requirements of S1.45.10 [S1.45.5(1)(d)][S1.45.10]:
   • On‑going and sustainable employment: permanent or indefinite, or a fixed term of at least 12 months with an option of further terms and the employer able to meet the conditions [S1.45.10(1)].
   • Full‑time (on average at least 30 hours per week) [S1.45.10(2)(a)].
   • Current at time of assessment and at grant of visa [S1.45.10(2)(b)].
   • Genuine, paid by salary or wages (no self‑employment, commission‑only, or retainer positions) [S1.45.10(2)(c)−(d)].
   • Any professional or technical registration required by law must be evidenced [S1.45.10(2)(e)].
   • The employer must comply with all relevant New Zealand employment and immigration law, and must not have been convicted under s98, 98C or 98D of the Crimes Act 1961; compliance history is assessed including the factors in S1.45.10(2)(f)−(g) [S1.45.10(2)(f)−(g)].
5. Minimum income requirement (if dependent children included): Gross minimum income of NZD $25,585 from the acceptable offer of employment [S1.45.15]. The partner's acceptable job offer may be considered if the principal applicant and partner have been living together for 12 months or more in a genuine and stable partnership; in that case only one of the offers needs to be full‑time [S1.45.15(4)].
6. Minimum English language ability: The immigration officer must be satisfied the principal applicant can read English, understand and respond to questions, and maintain a conversation about themselves, their family, or background [S1.45.20].
7. Health and character: The principal applicant and all accompanying family must meet health and character requirements for residence [S1.45.5(1)(g)][S1.45.5(2)][A4][A5].

Partner and dependent children

• Must meet health and character requirements [S1.45.5(2)].
• Included partners with an acceptable job offer may help meet the minimum income requirement as described above [S1.45.15(4)].

Interpretation & edge cases

Closed category with ongoing processing
The application window closed on 31 March 2009, but pending applications may still be decided. The processing rule (first in, first out) applies to those lodged within the window [S1.45.5(4)−(5)].

Lower income threshold
The minimum income requirement is $25,585 gross, which is significantly lower than the $54,133.04 required under the current Samoan Quota Scheme. This reflects the historical policy setting at the time the category was created.

Employment requirements mirror Samoan Quota Scheme but with distinct income rule
The definition of acceptable employment is substantively the same as in the other Samoan residence categories, but the income threshold for families with dependants uses the older figure. Partner income can be combined only if the partnership is genuine and stable for at least 12 months; the same principle applies [S1.45.15(4)].

English assessment
There is no formal test; the immigration officer assesses functional English through conversation, identical to the approach in the Samoan Quota Scheme [S1.45.20].

Citations

• S1.45.1 — Objective
• S1.45.5 — Criteria for a resident visa
• S1.45.10 — Acceptable offers of employment
• S1.45.15 — Minimum income requirement
• S1.45.20 — Minimum English language requirement
• A4 — Health requirements
• A5 — Character requirements