V3.15 Partners of New Zealand citizens or residence class visa holders
Partners (see E4.1.20) of New Zealand citizens or residence class visa holders may be granted a visitor visa provided that:
- they are living together in a genuine and stable relationship (see E4.5.25, E4.5.30 and E4.5.5); and
- the New Zealand partner intends to be in New Zealand during the same period of time applied for by the applicant; and
- the New Zealand partner supports the application; and
- complies with the minimum requirements for recognition of partnerships (see E4.5.15 and F2.15); and
- meets the character requirement for partners supporting 'partnership-based temporary entry applications' set out at E7.45.
V3.15.1 Instructions on duration of visas for partners of New Zealand citizens or residence class visa holders
- The duration of any visa granted under these instructions is dependent on the time spent living together in a partnership, but must not exceed 36 months from:
- the date the first partnership visa was granted if it was granted onshore; or
- the first date of arrival if the partnership visa was granted offshore.
- If the couple has lived together in a partnership for 12 months or more at the time the application is assessed, a visitor visa may be granted for the length of the couple's intended stay, up to a maximum of 36 months.
- If the couple has lived together in a partnership for less than 12 months at the time the application is assessed, then the first visa granted under these instructions must not exceed 12 months’ duration. Further visas may be granted upon application for up to a maximum of 36 months from the date the first partnership visa was granted if the visa was granted onshore or the first date of arrival if the partnership visa was granted offshore if:
- during the validity of the first visa an application for a residence class visa under Partnership Category is made and the principal applicant wishes to remain in New Zealand pending a decision on their application; or
- the couple wish to spend more time in New Zealand and an immigration officer is satisfied they are still living together in a genuine and stable partnership.
- Despite the requirement that temporary entry applications must be determined in accordance with the instructions in force on the date an application is made (E7.10(a)(ii)), applicants for a visa under these instructions made before 1 October 2024 (and where their application is still undecided on 1 October 2024), may be granted a visitor visa for up to a maximum of 36 months if the couple has lived together in a partnership for 12 months or more at the time the application is assessed, despite instructions on the date they applied specifying a maximum duration of 24 months.
V3.15.5 New Zealand citizen or residence class visa holder partner must be eligible to support under Partnership instructions
- When determining the eligibility of the New Zealand partner to support a partnership-based visitor visa application, immigration officers must consider whether the New Zealand resident partner will be eligible to support a partnership-based residence class visa application (see F2.10.10) within 12 months of the grant of the visa.
- If the New Zealand partner would not be eligible to support a partnership-based residence class visa application within 12 months of the grant of the visa, the application for the visitor visa may be declined (see F2.10.10).
V3.15.10 Evidential requirements for partners of New Zealand citizens or residence class visa holders
- Immigration officers must sight evidence of the following:
- the supporting partner's New Zealand citizenship or New Zealand residence status; and
- the applicant’s relationship with their New Zealand partner; and
- that the applicant and their New Zealand partner are living together in a genuine and stable partnership at the time the application is made (see E4.5.35 for the type of evidence required); and
- the Form for Partners Supporting Partnership-Based Temporary Entry Applications (INZ 1146) completed by the New Zealand partner; and
- that the applicant and their New Zealand partner are intending to live in New Zealand for the same period of time.
- If requested by an immigration officer, applicants must also provide a written declaration from their New Zealand partner confirming
- they are eligible to support; or
- they comply with the minimum requirements for recognition of partnerships (see E4.5.15 and F2.15).
Effective 01/10/2024
|