R2.1 Who may be included in an application (26/07/1999)

1. Each principal applicant (see R2.1.1 below) must make a separate application.
2. The spouse or de facto partner (see R2.1.20 below) of a principal applicant, and biological or adopted (see R3) dependent children (see R2.1.30 below) of the principal applicant and/or spouse or partner (if the spouse or partner is included in the application), may be included in an application, regardless of whether they are living in the same country as the principal applicant.
3. If the application is approved, a principal applicant's spouse, partner or dependent children included in the application may be issued with a residence visa or granted a residence permit by the NZIS or Ministry of Foreign Affairs and Trade (MFAT) office responsible for the area or country in which they currently live.

R2.1.1 Definition of 'principal applicant'

1. The principal applicant is the person who is declared to be the principal applicant on the residence application form.
2. When the application is assessed, the principal applicant will be the person assessed against the Government residence policy criteria, unless policy indicates otherwise.

R2.1.5 Definition of 'applicant'

An applicant is a person included in an application for residence.

R2.1.10 Spouses and de facto partners

Immigration Regulations 1999 reg 20

Spouses and de facto partners may be included in the principal applicant's residence application if they are legally married to the principal applicant or meet the definition of 'de facto partner' at R2.1.20(a) below.

R2.1.15 Evidence of marriage or de facto relationship

1. Principal applicants must provide evidence of their relationship with their spouse included in the application, in the form of the original, or a certified copy, of their marriage certificate.
2. If a de facto partner is included in the application, evidence must be provided that the principal applicant and their partner have lived together in a genuine and stable relationship for at least 2 years immediately before the application is lodged. (F3.5.10 (b) and (c) set out the types of evidence that are required.)

R2.1.20 Definition of 'de facto partner'

1. For the purpose of inclusion in a residence application, a de facto partner is a partner in a heterosexual or same sex relationship who has been living with their partner in a genuine and stable relationship for at least 2 years immediately before their application is lodged.
2. References to 'partner' in Government residence policy (excluding De facto policy (see F3) and Sibling and adult child policy (see F6) mean de facto partner as defined in (a) above.
3. A de facto partner who does not meet the criteria in (a) above may not be included in a principal applicant's application and must apply for residence as a principal applicant in their own right.

R2.1.25 Polygamous marriages and relationships

Principal applicants in polygamous marriages or relationships (ie, marriages or relationships with more than one spouse or partner) may have only one spouse or partner included in their application for residence.

R2.1.30 Definition of 'dependent child'

Immigration Regulations 1999 reg 20

For the purpose of lodging an application, and despite the definition in section 2 of the Immigration Act 1987, a child is dependent if he or she is:

1. 1. aged 17 to 19, with no child(ren) of his or her own, and
   2. single, and
   3. totally or substantially reliant on the principal applicant and/or the principal applicant's spouse or partner for financial support, whether living with them or not; or
2. 1. aged 16 or younger, and
   2. single, and

totally or substantially reliant on the principal applicant and/or the principal applicant's spouse or partner for financial support, whether living with them or not.

R2.1.35 Evidence of dependence

1. Up to 17 years of age, if a child is unmarried, it is presumed to be dependent unless there is evidence to the contrary.
2. For children aged 17 to 19 years of age, evidence of actual dependence may be required.

R2.1.40 Evidence of relationship with dependent children

The principal applicant must provide one of the following documents as evidence of the relationship of the principal applicant and/or spouse or partner included in the application with any dependent child included in the application:

1. the original birth certificate showing the names of the parent(s); or
2. original adoption papers showing that the child has been legally adopted by the principal applicant or spouse or partner; or
3. in the case of a child adopted by custom, a declaration by the adoptive parent(s) separate from, and in addition to, any similar declaration made on an application form (see R3.5.1).

R2.1.45 Dependent children under 16 whose parents are separated or divorced

1. If the parents of a dependent child included in a residence application are separated or divorced, the applicant parent must have the right to remove the child from the country in which rights of custody or visitation have been granted, or if no such rights have been granted, from the country of residence.
2. Such dependent children cannot be included in an application unless the applicant parent produces satisfactory evidence of their right to remove the dependent child from the country in which the rights of custody or visitation have been granted or if no such rights have been granted, from the country of residence.
3. Except where (d) applies, evidence of the right to remove the dependent child from the country in which rights of custody or visitation have been granted must include original or certified copies of:
   1. legal documents showing that the applicant has custody of the child and the sole right to determine the place of residence of the child, without rights of visitation by the other parent, or
   2. a court order permitting the applicant to remove the child from its country of residence, or
   3. legal documents showing that the applicant has custody of the child and a signed statement from the other parent, witnessed in accordance with local practice or law, agreeing to allow the child to live in New Zealand if the application is approved.
4. Where an immigration or visa officer is satisfied that:
   1. by virtue of local law, the applicant parent has the statutory right to custody of the child, and
   2. it is not possible or required under that local law to obtain individualised legal documents to verify that custodial right, the dependent child may be included in the application.

R2.1.50 Dependent children under 16 with only one parent included in the application for residence.

1. If one of the parents of a dependent child is not included in the application for residence, the applicant parent must have the right to remove the child from its country of residence.
2. Such dependent children cannot be included in an application unless the applicant parent produces satisfactory evidence of their right to remove the dependent child from its country of residence.
3. Except where (e) applies, evidence of the right to remove the dependent child from its country of residence in cases where one parent is not included in the application for residence, but the parents are not separated or divorced, must include original or certified copies of:
   1. a written statement confirmed by both parents at interview, or
   2. a court order permitting the applicant to remove the child from its country of residence.
4. If, because of the death of one of the parents of a dependent child, only one parent is included in the application, the death certificate of the other parent must be provided.
5. Where an immigration or visa officer is satisfied that:
   1. by virtue of local law, the applicant parent has the statutory right to custody of the child, and
   2. it is not possible or required under that local law to obtain individualised legal documents to verify that custodial right, the dependent child may be included in the application.

Effective 26/07/1999