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Immigration Act 2009

Miscellaneous provisions - Fees, bonds, levies, etc

399: Immigration levy

You could also call this:

“Rules for a fee to support immigration services and programs”

The government can create rules to make people who want a visa pay an immigration levy. This money helps pay for things that help new immigrants settle in New Zealand, research about immigration, and running the immigration system.

The immigration levy can be used to pay for programs that help new immigrants adjust to life in New Zealand. It also helps fund research about immigration and its effects. The money is used to run the immigration system, including checking who people are, managing risks, keeping New Zealand safe, and making sure people follow immigration rules. It can also be used to attract new immigrants to New Zealand and to fund the Immigration Advisers Authority.

The government can decide who needs to pay the levy, how much it costs, and how to collect it. They can also make some people pay less or nothing at all. The Minister can even decide to let specific people not pay the levy or give them their money back.

All the money from the levy goes into a government bank account. Every year, the chief executive tells the Minister how much money was collected and how it was used. The Minister then shares this information with Parliament.

If you applied for a visa before the new rules started on 7 December 2015, you don’t have to pay the new immigration levy. Instead, you’ll pay the old migrant levy if your visa is approved.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM1441231.

Topics:
Immigration and citizenship > Visas
Immigration and citizenship > Border control
Government and voting > Government departments
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Part 11 Miscellaneous provisions
Fees, bonds, levies, etc

399Immigration levy

  1. Any regulations made under section 400 may provide for the imposition and collection of an immigration levy on applicants for a visa.

  2. The purpose of the levy is to fund, or contribute to the funding of,—

  3. the provision of programmes intended to assist the successful settlement of migrants or categories of migrants; and
    1. the carrying out of research into settlement issues and the impacts of immigration; and
      1. the infrastructure required for, and the operation of, the immigration system, including (without limitation) for the following purposes:
        1. establishing and verifying the identity of persons:
          1. managing risk to the integrity of the immigration system:
            1. managing immigration risk to the safety and security of New Zealand:
              1. managing compliance with the immigration system; and
              2. activities aimed at attracting migrants to New Zealand; and
                1. the Immigration Advisers Authority, to the extent that it is not otherwise funded.

                  1. Regulations made for the purposes of this section may—

                  2. specify the categories or classes of applicants who are liable to pay the immigration levy:
                    1. prescribe the amount or method of calculation of the levy:
                      1. prescribe different amounts or methods of calculation of the levy in respect of different categories or classes of applicants:
                        1. provide for exemptions from or refunds of the levy, in whole or in part, in any class of case:
                          1. provide for the manner of collection of the levy, including provision for the relevant amount of levy to be deposited with the chief executive.

                            1. The Minister may, by special direction,—

                            2. exempt any person or persons from the obligation to pay all or part of the levy; or
                              1. refund all or part of a levy paid.

                                1. All levy money collected under this section must be paid into a Crown Bank Account.

                                2. Not later than 1 October in each year, the chief executive must provide to the Minister a report setting out, in respect of the financial year ending on the preceding 30 June,—

                                3. the amount collected through the immigration levy; and
                                  1. how the amount of the immigration levy was applied.

                                    1. The Minister must present the report to the House of Representatives not later than 15 sitting days after its receipt.

                                    2. In this subsection and subsection (8),—

                                      commencement date means that date on which section 102 of the Immigration Amendment Act 2015 came into force

                                        migrant levy means the levy payable under this section immediately before the commencement date

                                          relevant person means a person who, immediately before the commencement date, was a person who—

                                          1. had applied for, but had not yet been granted, a visa; and
                                            1. would have been liable to pay the migrant levy if the visa had been granted before the commencement date.

                                            2. On and after the commencement date,—

                                            3. a relevant person is not liable to pay, in respect of an application for a visa made before the commencement date, the immigration levy imposed by regulations that apply after the commencement date; but
                                              1. if the relevant person is granted a visa on the basis of that application, he or she is liable to pay the migrant levy that would have been payable if section 102 of the Immigration Amendment Act 2015 had not come into force.

                                                Compare
                                                Notes
                                                • Section 399 heading: amended, on , by section 102(1) of the Immigration Amendment Act 2015 (2015 No 48).
                                                • Section 399(1): amended, on , by section 102(2) of the Immigration Amendment Act 2015 (2015 No 48).
                                                • Section 399(2)(b): amended, on , by section 102(3) of the Immigration Amendment Act 2015 (2015 No 48).
                                                • Section 399(2)(c): inserted, on , by section 102(4) of the Immigration Amendment Act 2015 (2015 No 48).
                                                • Section 399(2)(d): inserted, on , by section 102(4) of the Immigration Amendment Act 2015 (2015 No 48).
                                                • Section 399(2)(e): inserted, on , by section 102(4) of the Immigration Amendment Act 2015 (2015 No 48).
                                                • Section 399(3)(a): replaced, on , by section 102(5) of the Immigration Amendment Act 2015 (2015 No 48).
                                                • Section 399(3)(c): amended, on , by section 102(6) of the Immigration Amendment Act 2015 (2015 No 48).
                                                • Section 399(3)(e): amended, on , by section 102(7) of the Immigration Amendment Act 2015 (2015 No 48).
                                                • Section 399(3A): inserted, on , by section 102(8) of the Immigration Amendment Act 2015 (2015 No 48).
                                                • Section 399(5)(a): amended, on , by section 102(9) of the Immigration Amendment Act 2015 (2015 No 48).
                                                • Section 399(5)(b): amended, on , by section 102(9) of the Immigration Amendment Act 2015 (2015 No 48).
                                                • Section 399(7): inserted, on , by section 102(10) of the Immigration Amendment Act 2015 (2015 No 48).
                                                • Section 399(8): inserted, on , by section 102(10) of the Immigration Amendment Act 2015 (2015 No 48).