Who Can Sponsor a Visa?
Sponsorship for visa applications varies significantly depending on the country and the type of visa being applied for. This guide will explore the criteria for sponsoring visa applicants in New Zealand and the UK, highlighting the different types of sponsors and the requirements they must meet.
New Zealand Visa Sponsorship
In New Zealand, sponsorship is crucial for certain types of visa applications, particularly for resident and student visas. The criteria for sponsors are as follows:
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Who Can Be a Sponsor in New Zealand?
- New Zealand Citizens: Any New Zealand citizen can sponsor a visa applicant.
- New Zealand Residents: Residents can sponsor if their resident visa has no section 49 conditions.
- Refugees: Refugees can sponsor family members to join them in New Zealand.
- Organisations: Companies, incorporated societies, charitable trusts, government agencies, and community organisations (for refugees) can also sponsor visa applicants1.
Criteria for Individual Sponsors
- Residency and Citizenship: The sponsor must be a New Zealand citizen or resident living in New Zealand.
- Residency Duration: For resident visa sponsors, they must have been a citizen or resident for at least three years and have spent 184 days in New Zealand in each of the last three years1.
- Financial Responsibility: Sponsors may need to provide financial support, especially for maternity care if applicable1.
Who Cannot Sponsor?
- Individuals or organizations receiving financial rewards for sponsorship.
- Those convicted of immigration offenses.
- Entities with outstanding debts related to sponsorship.
- Those who have failed to meet past sponsorship obligations1.
UK Visa Sponsorship
In the UK, sponsorship is primarily required for work visas, where employers must obtain a sponsorship licence to hire foreign workers.
Who Can Sponsor in the UK?
- Employers: UK-based businesses that have a sponsorship licence can sponsor workers.
- Eligibility Criteria for Employers:
- UK Presence: The business must be legally operating in the UK with a physical presence.
- Genuine Need: Employers must demonstrate a genuine need for the foreign worker.
- Compliance Systems: Robust HR systems are required to manage sponsored workers.
- No Previous Issues: No history of non-compliance with UK immigration rules35.
Sponsorship Licence Application Process
- Choose Licence Type: Decide on the type of worker to sponsor (e.g., skilled worker).
- Apply Online: Submit the application and pay the required fee.
- Submit Documents: Provide proof of business registration and address.
- Compliance Check: UKVI may conduct site visits to ensure compliance35.
Responsibilities of Sponsors
- Issuing Certificates of Sponsorship: Once licensed, employers can issue certificates for specific job roles.
- Maintaining Records: Keeping accurate records of sponsored workers.
- Reporting Changes: Informing UKVI of any changes in employment status5.
Global Talent Visa in the UK
For individuals applying for the Global Talent Visa, sponsorship is not required from an employer but rather an endorsement from a designated competent body. However, the application process involves demonstrating exceptional talent or promise in a specific field.
Criteria for Global Talent Visa
- Mandatory Criteria: Specific to the field of expertise.
- Optional Criteria: Includes innovation, recognition, technical contributions, and academic achievements2.
Financial Responsibilities of Sponsors
Sponsorship involves significant financial responsibilities, which vary by country and type of visa. Here are some key points regarding financial obligations:
New Zealand
- Support Requirements: Sponsors in New Zealand must ensure the visa holder has access to basic necessities like food, clothing, healthcare, and accommodation. They are also responsible for the cost of return travel if the visa holder does not intend to pay for it themselves1.
- Deportation Costs: If the visa holder is deported, the sponsor is liable for associated costs1.
United States
- Affidavit of Support: Sponsors must provide financial support to ensure the immigrant maintains an income at least 125% above the Federal Poverty Guidelines. This obligation continues until the immigrant becomes a U.S. citizen, completes 40 quarters of work, leaves the U.S. permanently, or passes away26.
- Public Benefits: Sponsors are responsible for repaying any means-tested public benefits received by the immigrant, such as Medicaid or SNAP23.
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Canada
- Refugee Sponsorship: Sponsors in Canada are responsible for providing income support and start-up costs for refugees, including household items and clothing. This support typically lasts for up to 12 months or until the refugee becomes self-sufficient5.
Legal Consequences of Sponsorship
Sponsorship carries legal implications that sponsors should be aware of:
- Liability for Public Benefits: In the U.S., sponsors can be sued for repayment of public benefits received by the immigrant29.
- Financial Support Obligations: Failure to provide financial support can lead to legal action by the immigrant or government agencies29.
- Bankruptcy: Bankruptcy does not absolve sponsors from their obligations under the Affidavit of Support2.
Withdrawal of Sponsorship
Withdrawal of sponsorship can be complex and may have legal and financial consequences:
- Pending Applications: Sponsorship can sometimes be withdrawn if the application is still pending with the relevant immigration authorities3.
- Approved Applications: Once an application is approved, withdrawing sponsorship requires formal notification to immigration services
Conclusion
Sponsorship for visa applications is a critical aspect of immigration processes in both New Zealand and the UK. Understanding who can sponsor and the requirements they must fulfill is essential for successful visa applications. Whether it’s an individual or an organisation, sponsors play a vital role in facilitating the entry of foreign nationals into these countries. Understanding these obligations is crucial for both sponsors and applicants to ensure compliance with immigration regulations and to avoid potential legal issues.