F3.10 Evidence (07/10/2002)

Immigration Act 1987 s 13B(3)(e)

1. Evidence supporting an application by a de facto partner for New Zealand residence should include as many documents as are necessary to show that the relationship is genuine and stable, and of the duration claimed.
2. The items listed in F3.10.1 to F3.10.15 below are examples of relevant evidence: other documents may also be relevant.

F3.10.1 Evidence that de facto partner is New Zealand citizen or resident

1. Evidence that a de facto partner is a New Zealand citizen may include but is not limited to original or certified copies of:
   1. a valid New Zealand passport, or
   2. a Certificate of New Zealand Citizenship, or
   3. a recent official statement of citizenship from the Department of Internal Affairs, or
   4. a New Zealand birth certificate.
2. Evidence that a de facto partner is a New Zealand resident, may include but is not limited to original or certified copies of:
   1. a current residence permit, or
   2. a current New Zealand returning resident's visa, or
   3. a valid Australian passport.

F3.10.5 Evidence that New Zealand is the primary place of established residence(see F3.5.5 (b))

1. Evidence that New Zealand is the sponsor's primary place of established residence may include but is not limited to original or certified copies of:
   • correspondence addressed to the sponsor
   • employment records
   • records of benefit payments from the Ministry of Social Development
   • banking records
   • rates demands
   • Inland Revenue Department records
   • mortgage documents
   • tenancy and utility supply agreements
   • documents showing that the sponsor's household effects have been moved to New Zealand.
2. The presence or absence of any of the documents listed above is not determinative. Each case will be decided on the basis of all the evidence provided.

F3.10.10 Evidence of sponsorship and support by New Zealand citizen or resident de facto partner

A principal applicant must provide a Sponsorship Form for Residence in New Zealand which:

1. confirms that the sponsor is a New Zealand citizen or resident; and
2. confirms support for the application, and
3. includes a declaration that the sponsor:
   1. has not previously supported or sponsored more than one other successful principal applicant under spouse or de facto partner policy whose marriage or de facto relationship with the sponsor ended as a result of divorce or separation, or
   2. has not supported or sponsored any other successful principal applicant under spouse or de facto partner policy in the five years immediately preceding the date the current application is made, whose marriage or de facto relationship with the sponsor ended as a result of divorce or separation.

F3.10.15 Evidence of living together in a genuine and stable relationship

1. A principal applicant under the de facto partner policy must provide evidence that they have been living with their partner in a genuine and stable relationship for at least 2 years immediately before the application is assessed.
2. Evidence that the principal applicant and de facto partner have been living together may include but is not limited to original or certified copies of documents showing shared accommodation such as:
   • a joint mortgage
   • a joint tenancy agreement or rent book
   • correspondence (including postmarked envelopes) addressed to both principal applicant and de facto partner at the same address.
3. If a couple has been living separately for any period during the two-year qualifying period, they should provide evidence of the length of the periods of separation and the reasons for them.
4. Evidence about whether the relationship is genuine and stable may include but is not limited to original or certified copies of:
   • birth certificates of their children
   • evidence of communication between the couple
   • proof of joint assets
   • proof of shared income
   • proof of shared bank accounts
   • photographs of the couple together
   • documents indicating public recognition of the relationship.
5. Evidence about these matters can be considered up until the date of final decision.

Effective 07/10/2002