Refugee Quota Family Reunification Category

At a glance

The Refugee Quota Family Reunification Category enables mandated refugees resident in New Zealand to sponsor their immediate family members for permanent residence. It is part of the Refugee Quota residence programme and is designed to meet New Zealand's international and humanitarian obligations, maintain family unity, and facilitate successful resettlement. [S4.20.1] Applicants do not themselves have to be mandated refugees. [S4.20.1]

Places available under this category are incorporated into the quota places for the family reunification subcategory of the UNHCR mandated refugee residence category. [S4.20.1]

How to apply

Applications for a permanent resident visa under this category must be made in the prescribed manner (see R2.40) and can only be made to the Refugee Quota Branch, and only after the applicant's sponsor has been deemed acceptable. [S4.20.20]

Applicants are exempt from paying the application fee and immigration levy. [S4.20.20]

Appropriately delegated immigration officers may waive by special direction: [S4.20.20]

• the requirement to submit an overseas police clearance certificate from any country where the sponsor has a well-founded fear of persecution; and
• any other mandatory requirement for lodgement except the requirement to complete and submit a residence application form together with two passport photographs and medical and X-ray certificates for each person included in the application.

If a birth certificate for any person included is unavailable, a statutory declaration confirming the full name, date and place of birth, and full names of both parents must be submitted. [S4.20.20]

If documents relating to the custody of any child aged under 16 are unavailable, a statutory declaration confirming the legal custody of the child must be submitted. [S4.20.20]

The principal applicant and any partner included must supply evidence of the nature and duration of their partnership, and that it is a genuine and stable partnership (see F2.20). A statutory declaration confirming the duration and nature of the partnership must be submitted if evidence would be unduly difficult to obtain because conditions in the relevant country mean the governmental infrastructure is no longer functioning, or circumstances beyond the applicants' control prevent obtaining the required evidence. [S4.20.20]

If overseas police clearances are unavailable for any person aged 17 or older, a statutory declaration must be provided stating whether the applicant has been convicted, found guilty of, or charged with any offences in the countries for which police clearance certificates are unavailable. [S4.20.20]

Eligibility criteria

Who is eligible

An applicant may qualify for residence under this category if: [S4.20.5]

1. they have an acceptable sponsor (see below);
2. they were declared as an immediate family member in the sponsor's original Residence Application for Mandated Refugees form, and they can provide satisfactory evidence of the relationship;
3. they meet the character requirements at A5;
4. they meet the health requirements specified at A4.74; and
5. they have satisfied an immigration officer that:
   • the circumstances and reasons for separation from, and re-establishment of contact with, their sponsor are plausible and credible;
   • reunification will have a positive settlement effect on the sponsor; and
   • they have the potential for successful settlement.

Applicants are exempt from the requirement to have an acceptable standard of health (see A4.10), except for the health requirements specified at A4.74. [S4.20.5]

If the applicant is a dependent child aged 21–24, evidence must be submitted to show dependence on the sponsor (see R2.1.30). [S4.20.5]

Acceptable sponsor

An acceptable sponsor is a New Zealand citizen or resident who: [S4.20.10]

• was granted a residence class visa as a mandated refugee (see S3.22), excluding people granted permanent residence under the Community Organisation Refugee Sponsorship category (see S4.25);
• is living in New Zealand;
• is an immediate family member of the applicant (see below); and
• has attended an interview with a Refugee Quota Branch immigration officer and been deemed to be an acceptable sponsor.

A person granted a permanent resident visa under this category cannot themselves sponsor under this category, as they are not a mandated refugee. [S4.20.10]

If the sponsor is a child aged 18 or under sponsoring a parent, the immigration officer must be satisfied that it is in the best interests of the child to grant a permanent residence visa to the parent(s). [S4.20.10]

The immigration officer must be satisfied that the relationship between the sponsor and the applicant is credible and genuine. If the sponsor did not declare the applicant in their own residence application, R5.15 on explaining discrepancies in family details must be followed. [S4.20.10]

A sponsor under this category is exempt from meeting the sponsorship undertakings requirement at R4.10. [S4.20.10.1]

Immediate family member

For the purposes of this category, an immediate family member is defined as a partner, dependent child, or parent where the applicant is a dependent child. [S4.20.15]

Interpretation & edge cases

• Places are incorporated into the UNHCR mandated refugee quota: The places available under this category are part of the quota for the family reunification subcategory of the UNHCR mandated refugee residence category. However, applicants do not themselves need to be mandated refugees. [S4.20.1]
• Sponsor must be a mandated refugee: A person granted residence under this category cannot later act as a sponsor under the same category, because they are not themselves a mandated refugee. [S4.20.10]
• Child sponsor's best interests: When a child aged 18 or under sponsors a parent, the officer must specifically consider the best interests of the child — a safeguard not present in other sponsorship categories. [S4.20.10]
• Undeclared family members: If the sponsor did not originally declare the applicant on their own residence application, R5.15 on explaining discrepancies in family details applies. This does not necessarily bar the application but triggers additional scrutiny. [S4.20.10]
• Fee exemption: Applicants are exempt from the application fee and immigration levy, reflecting the humanitarian character of the category. [S4.20.20]
• Waiver of police certificates: Officers may waive overseas police certificates from countries where the sponsor fears persecution, recognising the practical difficulties and potential risks of seeking such documents. [S4.20.20]
• Statutory declarations as substitutes: Where official documents (birth certificates, custody documents, partnership evidence, police clearances) are unavailable due to country conditions or circumstances beyond the applicant's control, statutory declarations may be accepted. [S4.20.20]
• Health: The normal acceptable standard of health requirement (A4.10) is waived; only the specific health requirements at A4.74 for mandated refugees and Refugee Quota Family Reunification Category applicants apply. [S4.20.5]

Citations

• S4.20 — Refugee Quota Family Reunification Category