F2.1 How does a spouse qualify for residence? (01/10/2001)

1. A spouse of a New Zealand citizen or resident meets spouse policy if he or she is:
   1. married to a New Zealand spouse, and
   2. the couple is living together in a genuine and stable marriage.
2. In each case, the principal applicant must be sponsored by their New Zealand citizen or resident spouse 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. (See S4.5.1)

3. A person who is applying for residence on the basis of marriage to a New Zealand citizen or resident will not be approved if he or she or the New Zealand citizen or resident partner is already married to another person.
4. In each case, the New Zealand spouse must support the application.
5. Applicants under spouse policy must meet health and character requirements policy (see A4 and A5).

F2.1.1 Assessment of periods of separation

1. If a principal applicant and their spouse have lived apart for periods during their marriage, 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 spouse's family, education or employment commitments;
   • the duration of the marriage 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