F2.40 General rules

F2.40.1 Application of English language policy

1. If a principal applicant was eligible to be included as a partner of a principal applicant in an earlier successful application under the General Skills category, Skilled Migrant Category, Business Immigration Policy or previous Business Investor category, but was not at that time included in the application, they will have to meet the criteria of the English language policy applying at the time the application under Family category policy is made.
2. Such an applicant will be subject to the applicable English language policy as if they were a non-principal applicant under the Skilled Migrant Category or Business Immigration Policy.
3. A principal applicant who would have been eligible for inclusion in an earlier General Skills category or Skilled Migrant Category application will be subject to the English language policy of the Skilled Migrant Category applying at the time the application under Family category policy is made.
4. A principal applicant who would have been eligible for inclusion in an earlier Business Investor category or Business Immigration Policy application will be subject to the English language policy of Business Immigration Policy applying at the time the application under Family category policy is made.

F2.40.5 Application under Partnership policy of person eligible for inclusion in an earlier Family Quota, Refugee Family Support Category, Samoan Quota Scheme or Pacific Access Category registration

If the principal applicant in an application under Partnership policy was eligible for inclusion in a successful registration under the Family Quota, the Refugee Family Support Category, Samoan Quota Scheme or the Pacific Access Category, but was not included, they must not subsequently be granted residence under Partnership policy.

F2.40.10 Residence permits with requirements

If a New Zealand partner’s residence permit is subject to requirements, then the principal applicant's residence permit will be subject to the requirement that the New Zealand resident partner complies with those requirements (see R5.70.1).

Effective 30/07/2007