F3.1 How does a de facto partner qualify for residence? (01/10/2001)

1. A de facto partner (in either a heterosexual or same sex relationship) of a New Zealand citizen or resident meets de facto partner policy if he or she has a de facto relationship with a New Zealand partner and the couple is living together in a genuine and stable relationship.
2. The couple must also have been living together in a genuine and stable relationship for at least 2 years immediately before the application is assessed.
3. In each case, the principal applicant must be sponsored by their New Zealand citizen or resident de facto partner who:
   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, or
   3. was not the perpetrator of an incident of domestic violence which has resulted in the grant of a residence permit to a person under the policy for victims of domestic violence (see S4.5).

      Note: A person is considered to be the perpetrator of an incident of domestic violence if they have been convicted in New Zealand of an offence of domestic violence against such a person or they were the subject of a complaint of domestic violence against such a person investigated by the New Zealand Police where the New Zealand Police are satisfied that such domestic violence has occurred.

4. In each case, the New Zealand de facto partner must support the application.
5. Applicants under de facto partner policy must meet health and character requirements policy (see A4 and A5).

F3.1.1 Assessment of periods of separation

1. If a principal applicant and their partner have lived apart for periods during the 2-year qualifying period, the application should not automatically be declined. Instead, visa and immigration officers should determine whether there are genuine and compelling reasons for any period(s) of separation.
2. Determining whether there are genuine and compelling reasons will depend on the circumstances in each case, and may require consideration of:
   • either partner's family, education or employment commitments;
   • the duration of the relationship and the length of time the couple has spent apart;
   • the extent to which the couple has made efforts to be together during the time apart.

Effective 01/10/2001