BRIEFING
Proactive release – Parent Category Cabinet paper and briefings
Date:
23 November 2022
Priority:
Low
Security
In Confidence
Tracking
2223-1510
classification:
number:
Action sought
Action sought
Deadline
Hon Michael Wood
Agree to the proposed proactive
28 November 2022
Minister of Immigration
release of the Cabinet paper,
minutes, and Parent Category
briefings, with redactions as
proposed at Annex Two
Contact for telephone discussion (if required)
Name
Position
Telephone
1st contact
Manager, Immigration
Andrew Craig
(Skil s and Residence)
04 901 1245
s 9(2)(a)
Policy
04 896 5760
El a Pearce
Graduate Policy Advisor
The fol owing departments/agencies have been consulted on the proposed proactive
release
The Treasury, Ministry of Social Development, Ministry of Health, Ministry of Disabled People,
and Ministry for Ethnic Communities.
Minister’s office to complete:
Approved
Declined
Noted
Needs change
Seen
Overtaken by Events
See Minister’s Notes
Withdrawn
Comments
2223-1510
In Confidence
1
BRIEFING
Proactive release – Parent Category Cabinet paper and briefings
Date:
23 November 2022
Priority:
Low
Security
In Confidence
Tracking
2223-1510
classification:
number:
Purpose
To seek your agreement to proactively release the Parent Category Resident Visa Cabinet paper,
Cabinet minutes, and briefings.
Recommended action
The Ministry of Business, Innovation and Employment recommends that you:
a
Agree to proactively release the following papers, with redactions as proposed at Annex
Two:
Cabinet paper
Updating and Reopening the Parent Category
Resident Visa
Cabinet paper
Comparison of previous settings
(Appendix One)
Cabinet Committee
28 September 2022
DEV-22-MIN-0230
Minute
Cabinet Minute
3 October 2022
CAB-22-MIN-0421
Briefing
29 July 2022
2122-4075 Options for updating and reopening the
Parent Category Resident Visa
Briefing
18 August 2022
2223-0389 Draft Cabinet paper for consultation –
Updating and reopening the Parent Category Resident
Visa
Briefing
18 August 2022
2223-0459 Parent Category – options for Green List
sponsors and implementation
Briefing
9 September 2022
2223-0788 Final Cabinet paper – Options for updating
and reopening the Parent Category Resident Visa
Agree / Disagree
Andrew Craig
Hon Michael Wood
Manager, Immigration (Skil s and Residence) Minister of Immigration
Policy
Labour, Science and Enterprise, MBIE
23/11/2022
..... / ...... / ......
2223-1510
In Confidence
2
Background
1.
On 3 October 2022, you took the Cabinet paper
Updating and Reopening the Parent
Category Resident Visa to Cabinet. This paper, and associated minute are now due to be
proactively released.
2.
The changes to the Parent Category Resident Visa (Parent Category) settings have
generated high public interest among migrant communities, and multiple Of icial Information
Act (OIA) requests have been made requesting materials associated with the Parent
Category changes. We have refused these requests citing section 18(d) of the OIA, as the
information wil soon be publicly available. Of icials propose also releasing the Parent
Category briefings that contain advice about the visa changes, as this material is of high
interest to migrant communities and we see low risk in releasing it.
Proposed redactions
3.
Cabinet Office has directed that Cabinet papers, Cabinet minutes and decision-making
briefing notes should be proactively released following Cabinet consideration [CO (18)4].
4.
We therefore seek your agreement to the publication of the following documents:
Cabinet paper
Updating and Reopening the Parent
Category Resident Visa
Cabinet paper
Comparison of previous settings
(Appendix One)
Cabinet Committee 28 September 2022 DEV-22-MIN-0230
Minute
Cabinet Minute
3 October 2022
CAB-22-MIN-0421
Briefing
29 July 2022
2122-4075 Options for updating and
reopening the Parent Category Resident Visa
Briefing
18 August 2022
2223-0389 Draft Cabinet paper for
consultation – Updating and reopening the
Parent Category Resident Visa
Briefing
18 August 2022
2223-0459 Parent Category – options for
Green List sponsors and implementation
Briefing
9 September 2022
2223-0788 Final Cabinet paper – Options for
updating and reopening the Parent Category
Resident Visa
5.
We recommend releasing these documents, with some information redacted on the following
grounds:
a.
Privacy of natural persons
b.
Legal professional privilege
c.
Free and frank opinions s 9(2)(g)(i)
d.
Confidential advice to Government s 9(2)(f)(iv)
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3
s 9(2)(f)(iv)
Agency consultation
6.
We have consulted on the proactive release with the Treasury, the Ministry of Social
Development, the Ministry of Health, the Ministry of Disabled People, and Ministry for Ethnic
Communities. They all agreed with the proposed redactions in the documents.
7.
We informed the following agencies of the proactive release: Ministry of Housing and Urban
Development and Ministry for Pacific Peoples. Immigration New Zealand was also informed.
Risks and mitigations
8.
MBIE considers the risk in releasing these documents to be low (with the redactions
proposed) as Parent Category public announcements have already been made which cover
the majority of the advice within.
9.
The initial advice briefing [briefing 2122-4075] contains some preliminary advice on long-term
visitor visas for parents of New Zealanders, which is a topic that has been raised in multiple
Ministerial correspondence items since announcing the Parent Category changes. Officials
note that releasing this preliminary advice may increase interest in this topic, but this risk is
mitigated by your agreement to direct officials to conduct further work on this as part of the
Partnership and Family review. s 9(2)(f)(iv)
10. The Parent Category briefings also show the range of options that you considered and
rejected, which has not previously been released. These options included lower income
threshold options (for example, median wage), continuing to select expressions of interest
chronologically, and preferential treatment for Green List sponsors.
11. In the initial advice briefing [briefing 2122-4075], officials asked whether you wanted to
conduct public consultation on the Parent Category proposals, which you declined. We
received subsequent requests from stakeholders (for example, the Immigration Reference
Group) to be consulted. It is likely that any comment on the lack of consultation would have
been made at the time of announcing the Parent Category changes, so there is lit le risk of
additional comment.
Annexes
Annex One: Marked up documents proposed for release
Annex Two: Redacted documents proposed for release
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4
BRIEFING
Parent Category: instructions to manage subsequent partnership
applications
Date:
9 November 2022
Priority:
High
Security
In Confidence
Tracking
2223-1692
classification:
number:
Action sought
Action sought
Deadline
Hon Michael Wood
Agree to the recommendations
14 November 2022
Minister of Immigration
Hon Phil Twyford
Copy for your information
N/A
Associate Minister of
Immigration
Contact for telephone discussion (if required)
Name
Position
Telephone
1st contact
Team Leader,
Paul Gilbert
04 830 7286
✓
Operational Policy
s 9(2)(a)
Kathy Tait
Principal Analyst
04 830 5112
s 9(2)(a)
The following departments/agencies have been consulted
Minister’s office to complete:
Approved
Declined
Noted
Needs change
Seen
Overtaken by Events
See Minister’s Notes
Withdrawn
Comments
Comments
2223-1692
In Confidence
1
BRIEFING
Parent Category: instructions to manage subsequent partnership
applications
Date:
9 November 2022
Priority:
High
Security
In Confidence
Tracking
2223-1692
classification:
number:
Purpose
This paper provides a proposed change to partnership immigration instructions for you to certify if
you agree. The proposed instructions prevent a person who could have been but was not included
in a parent category application from being subsequently approved residence as a partner. This
proposal better aligns the instructions with Cabinet’s decisions around the income threshold and
cap for the Parent Category.
Recommended action
The Ministry of Business, Innovation and Employment recommends that you:
a
Note that on 3 October 2022, Cabinet agreed [CAB-22-MIN-0421] to updated settings for the
Parent Category, including an income threshold for sponsors that increases per person
sponsored and a cap of 2,500 places, and that you subsequently certified immigration
instructions to put these decisions into effect from 12 October 2022
Noted
b
Note that regulations and immigration instructions currently allow a person to not include their
partner in a parent application and then later support that person for residence under the
partnership category, which potentially circumvents the per person nature of the sponsor
income threshold and the annual cap
Noted
c
Agree to the proposed changes to residence instructions by signing the Ministerial certificate
attached in Appendix 1, which ensure people who were eligible to be included in a Parent
Category application as a partner cannot be later approved under the Partnership Category
Agree / Disagree
Stephen Dunstan
Hon Michael Wood
General Manager,
Enablement
Minister of Immigration
Immigration New Zealand, MBIE
9 / 11 / 2022
…..... / …...... / .........
2223-1692
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2223-1692
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Background
1.
On 3 October 2022, Cabinet agreed [CAB-22-MIN-0421] to updated settings for the Parent
Category. The new settings included an income threshold for one sponsor and one parent of
1.5 times the median wage, with an additional 0.5 times the median wage for each additional
parent (or sponsor). It also included a cap of 2,500 annual places for people approved visas
under this category. Certified instructions put these changes into effect from 12 October.
2.
On 11 October 2022, you had a discussion with officials about the potential for a person
applying under the Parent Category to deliberately leave their partner off an application
where the sponsor does not meet the income threshold required for two people. The
sponsored parent could then later support their partner under the Partnership Category,
which does not have an income threshold. This does not align with Cabinet’s intent that the
income threshold should increase per person and would also allow some parents to be
granted visas without being counted towards the annual cap. We understand you indicated
support to receive a paper on this.
3.
This issue was raised in 2019 with the then Minister of Immigration in respect of the previous
version of the parent category. At that time, the decision was made to allow for subsequent
partnership applications from people not included from a parent category application.
However, as you are aware, that version of the parent category never fully went live due to
COVID disruptions just before the first selection was due to take place.
Proposed changes to immigration instructions
4.
There is already a provision within the Partnership instructions that prevents the grant of
partnership residence to anyone who was eligible to be included in an Expression of Interest
(EOI) but who was not included. This provision applies to a number of family or humanitarian
categories that use EOIs or registrations, including the Parent Category.
5.
The existing provision only applies to people who were eligible but not included in EOIs, not
visa applications. It is therefore possible for a person to include their partner in the EOI, but
then when they are invited to apply leave the partner off the application. A parent applicant
could also include their partner but later remove them from the application when it is brought
to their attention that the sponsor’s income does not meet the threshold required.
6.
The proposed instructions amend the existing partnership provision to cover non-inclusion
(or removal from) applications, as well as EOIs. This still allows people to choose to exclude
their partner from their parent category EOI or application in circumstances where the
sponsor does not have sufficient income to sponsor two people. However, it prevents those
people subsequently gaining residence under the Partnership Category. Depending on their
circumstances, it may be possible for them to qualify under the Parent Category later if the
sponsor’s income increases.
7.
The proposed addition to instructions is highlighted. The proposed instructions include a
minor rewrite of the current provision to improve readability by splitting up a single long
sentence. Highlighting will not appear in the published versions of the amended Operational
Manual.
Communication
8.
If you certify these immigration instructions, they will be communicated to licensed
immigration advisers, immigration lawyers, all staff and the general public through the
release of an Amendment Circular and website material will also be updated. Potential
applicants will also be advised of the consequence of leaving a partner off their application
when they are invited to apply.
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Appendix 1 – Proposed amendments to residence instructions effective
from the date of signature
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F2.40 General rules
F2.40.1 English language requirements
a. If an applicant was eligible to be included as a partner or a dependent child of a principal applicant
in an earlier successful application under the General Skills Category, Skilled Migrant Category,
Residence From Work Category, Business Immigration Instructions or previous Business Investor
Category, but was not at that time included in the application, they will have to meet the criteria of
the English language instructions applicable at the time the application under the Partnership
Category is made.
b. Such an applicant will be subject to the applicable English language instructions as if they were a
non-principal applicant under the Skilled Migrant Category or Business Immigration Instructions.
c. An applicant who would have been eligible for inclusion in an earlier General Skills Category or
Skilled Migrant Category application will be subject to the English language of the Skilled Migrant
Category applicable at the time the application under Partnership Category is made.
d. An applicant who would have been eligible for inclusion in an earlier Business Investor category or
Business Immigration Instructions application will be subject to the English language requirements
of Business Immigration Instructions applicable at the time the application under Partnership
Category is made.
F2.40.5 Applications under Partnership Category of persons eligible for inclusion in earlier registrations or
expressions of interest
a. A partnership application must be declined if the principal applicant was eligible to be included in
one of the following, and was either not included or included and subsequently removed from:
i.
a registration or expression of interest listed in (b) below that was selected and resulted in
the issue of an invitation to apply, or
ii.
a successful application that was made under the Parent Category.
b. The requirement at (a)(i) above applies to:
i.
registrations under the Family Quota, the Refugee Family Support Category, Samoan Quota
Scheme or the Pacific Access Category; and
ii.
expressions of interest under the Parent Category or Community Organisation Refugee
Sponsorship category
F2.40.10 Resident visas with conditions imposed under section 49(1)
If a New Zealand partner holds a resident visa subject to conditions (excluding travel conditions) imposed
under section 49(1) of the Immigration Act 2009, then the principal applicant's resident visa will be
subject to the condition that the New Zealand resident partner complies with those conditions
(see R5.65.1).
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6
RESIDENCE INSTRUCTIONS
MINISTERIAL CERTIFICATE
I certify, in accordance with section 22 of the Immigration Act 2009, that the amendments contained
in Appendix 1 of the submission dated 9 November 2022 are part of Residence Instructions on and
after the date of signature.
Hon Michael Wood
Minister of Immigration
____ _____________ _______
(day)
(month)
(year)
2223-1692
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7
