F2.5 How do partners of New Zealand citizens and...

F2.5 How do partners of New Zealand citizens and residents qualify for residence?

1. To be issued with a residence visa or granted a residence permit under Partnership policy applicants must provide sufficient evidence to satisfy a visa or immigration officer that they have been living together for 12 months or more in a partnership that is genuine and stable with a New Zealand citizen or resident.
2. For the purposes of this policy 'partnership' means:
   1. a legal marriage, or
   2. a civil union (whether opposite or same sex), or
   3. a de facto relationship (whether opposite or same sex)

   and 'partner' means one of the parties to such a partnership indicated in (i), (ii) and (iii) above.

3. In each case the onus of proving that the partnership on which the application is based is genuine and stable lies with the principal applicant and their partner.
4. An application under Partnership policy will be declined if:
   1. the application is not supported by a New Zealand citizen or resident partner who is an eligible sponsor, or
   2. a visa or immigration officer is not satisfied that the partnership on which the application is based is genuine and stable; or
   3. the application is based on marriage or a civil union to a New Zealand citizen or resident and either that New Zealand citizen or resident, or the principal applicant is already married to or in a civil union with another person, or
   4. both the principal applicant and the New Zealand citizen or resident partner cannot satisfy a visa or immigration officer they comply with the minimum requirements for recognition of partnerships (see F2.15), or
   5. the applicant(s) does not meet health and character requirements policy (see A4 and A5).
5. Applications for residence under Partnership policy will also be declined if the principal applicant was a partner to the sponsor but not declared on the sponsor's application for residence, unless a visa officer or immigration officer is satisfied the non-declaration occurred with:
   1. no intention to mislead; and
   2. would not have resulted in a different outcome in the sponsor’s application.

If both these clauses are met, a visa officer or immigration officer should continue to assess the application and may approve it if all other policy requirements are met.

Note: Notwithstanding (e) above, officers should not decline an application on the basis of this provision without first providing the principal applicant an opportunity to explain the non-declaration in accordance with R5.15 Explaining discrepancies in family details.

Effective 04/05/2009