Permanent residence
Generally migrants need to have permanent residence or New Zealand citizenship to receive benefit assistance. Permanent residence is granted by Immigration New Zealand. Citizenship is granted by the Department of Internal Affairs.
In order to receive a benefit, a client must normally:
- have a residence class visa under the Immigration Act 2009 (which can either be a resident visa or a permanent resident visa) or
- have a residence permit under the Immigration Act 1987 or
- be deemed to hold a residence class visa in New Zealand under the Immigration Act 2009 (eg Australian citizens) or
- be a British national who arrive in New Zealand prior to 2 April 1974 or
- be a New Zealand citizen
Clients without permanent residence or citizenship
Emergency Benefit may be paid to some categories of migrants who do not have permanent residence or citizenship eg people waiting their application for refugee or protection status to be approved.
For more information see:
Note clients lawfully in New Zealand by virtue of a temporary permit or temporary entry class visa only (ie they do not have permanent residence) are not entitled to any benefit assistance.
To assess a client's entitlement you will generally need to establish exactly what category of migrant they are.
Clients may be granted permanent residence under the following categories:
- Family Stream
- International/Humanitarian Stream
- Skilled/Business Stream
Note if you require further information about a client's application for permanent residence you must get consent from the client to contact Immigration New Zealand or the client should obtain the information themselves. Otherwise the application should be declined. You must not collect or disclose information regarding a client's application without the client's consent.
For more information see:
- Immigration status and supporting documents
- Immigration status [no link find out why]
Legislation
- Residential requirement section 16 Social Security Act 2018
- General limitation on receiving benefit: persons unlawfully resident or present in New Zealand and persons holding temporary entry class visa section 19 Social Security Act 2018
- MSD may refuse or cancel benefit if person not ordinarily resident in New Zealand section 204 Social Security Act 2018
- Refugee or protected person status section 205 Social Security Act 2018
