Sponsorship no longer allowed by a person whose deportation liability has been suspended:
Since the introduction of the Immigration Act 2009 (the Act), immigration instructions have specified that a person who is liable for deportation is not eligible to sponsor a temporary or residence visa. The generic residence and generic temporary instructions have been amended to also prevent people whose deportation liability has been suspended under section 172 of the Act from being an eligible sponsor.
Support for partners and children by people who are liable for deportation or whose deportation liability has been suspended:
Under both temporary and residence instructions, visa applications for partners or children of New Zealand citizens or residents must be supported by an eligible partner or parent. Immigration instructions have been amended so that:
partners or parents who are liable for deportation are not eligible to support either residence or temporary visas,
partners or parents whose deportation liability has been suspended will not be able to support residence class visas,
partners or parents whose deportation liability has been suspended will only be able to support temporary applications if the person they are supporting already holds a temporary visa based on the relationship.
For example, John’s deportation liability is suspended. His wife Mary already holds a partnership work visa based on their relationship. Mary can be granted further partnership work visas, however, she cannot be granted residence based on her partnership to John. If Mary did not hold a partnership work visa at the time John’s deportation liability was suspended, she could not be granted one until his deportation liability is cancelled.