V3.10 Partners and dependent children of student or work visa holders (01/10/2024)

Subject to the provisions of E4.5:

1. Partners (see E4.1.20) of student or work visa holders may be granted visitor visas if that type of visa is appropriate to their needs for the currency of the partner's visa.
2. Dependent children (see E4.1.10of student or work visa holders may be granted visitor visas if that type of visa is appropriate to their needs for the currency of the parent's visa.
3. Despite (a) and (b) above, partners and dependent children are not eligible for the grant of a visa under these instructions if the supporting partner or parent was granted a visa under the following instructions:
   1. Foreign Crew of Fishing Vessels (see WJ); or
   2. Recognised Seasonal Employer (RSE) (see WH1); or
   3. Supplementary Seasonal Employment (SSE) (see WH3); or
   4. Skilled Migrant Category Job Search Instructions (see WR5); or
   5. a Working Holiday Scheme (see WI2); or
   6. people granted a work visa as a domestic staff member of diplomatic, consular or official staff (see WI4).
   7. seasonal workers under Specific Purpose Instructions (see WS2.1.1(o))
4. Despite (a) and (b) above, the eligibility of partners and dependent children of Accredited Employer work visa holders for visitor visas is set out at V3.10.1 below.
5. Partners and dependent children of people granted work to residence visas must meet health and character requirements for residence class visa applications as set out at A4 and A5.
6. Partners and dependent children of people granted a Migrant Exploitation Protection work visa (MEPV) must be holding a visa based on their relationship to the MEPV holder to be eligible for a further visa under these instructions.

V3.10.1 Partners and dependent children of Accredited Employer work visa holders

1. Partners (see E4.1.20) and dependent children (see E4.1.10) of an Accredited Employer work visa holder may be granted a visitor visa if their supporting partner or parent is:
   1. in a role classified as ANZSCO skill level 1, 2 or 3; or
   2. paid at or above 1.5x the Skilled Migrant Category median wage (see SR3.20(a)(ii)); or
   3. in a role on the Green List and the Accredited Employer work visa holder meets the applicable Green List requirements (see Appendix 13); or
   4. in acceptable employment under the Transport Sector or Care Sector Work to Residence policies as defined in SR6.10 or SR7.10.
2. Partners and dependent children of an Accredited Employer work visa holder working in a role at ANZSCO skill level 4 or 5 cannot be granted a visitor visa as a partner or dependent child, unless:
   1. on 26 June 2024, they held a visa as a dependent of the Accredited Employer work visa holder; or
   2. on 26 June 2024, they had an application in progress for a visa as a dependent of the Accredited Employer work visa holder and that application was subsequently granted; or
   3. the role of their Accredited Employer work visa holder partner or parent is described in (a)(ii) to (iv) above.
3. Accredited Employer work visa holders who wish to support their dependent child’s visitor visa application must meet the minimum income threshold specified at V3.10.10.

V3.10.5 Dependent children of Essential Skills work visa holders

1. A dependent child of a holder of a work visa granted under the Essential Skills work instructions (WK) after 30 November 2009 will only be granted a visitor visa if the minimum income threshold is met.
2. Despite (a) above, dependent children born in New Zealand after 30 November 2009 will not be tested against the threshold until their parent(s) next applies for an Essential Skills work visa.
3. Despite (a) and (b) above, the minimum income threshold does not apply if the dependent child's parent(s):
   1. have held any temporary work visa before 30 November 2009; and
   2. have remained on a valid visa from 30 November 2009 until the date of the dependent child's application under V3.10.

V3.10.10 Minimum income threshold

1. The minimum income threshold is NZ$43,322.76 gross per annum.
2. The minimum income threshold must be met and maintained wholly by the salary or wages of a parent or parents holding an Accredited Employer work visa or an Essential Skills work visa.
3. Evidence must be provided of the Accredited Employer work visa or Essential Skills work visa holder's current salary or wages.
4. Despite (a) above, if the dependent child is included in a Samoan Quota or Pacific Access Category application, the minimum income threshold is the amount specified in Samoan Quota or Pacific Access Category instructions.
5. If a visa application is declined under these instructions and the dependent child becomes unlawful the parent(s) may become liable for deportation.
6. If the parent(s) do not maintain the minimum income threshold for the duration of their or their dependent child's visa, both the child and the parent(s) may become liable for deportation.

Notes: - Where both parents hold Accredited Employer work visas or Essential Skills work visas, their incomes may be combined to meet the minimum income threshold.
- The minimum income threshold excludes employment-related allowances (for example tool or uniform allowances) and must be calculated on the basis of no more than 40 hours' work per week.

V3.10.15 Dependent children of work visa holders under Religious Worker instructions

See also Immigration Act 2009 ss 56, 157

1. Dependent children of a holder of a work visa under Religious Worker instructions (WM) will only be granted a visitor visa if:
   1. the minimum income threshold of NZ$43,322.76 gross per annum is met by the Religious Worker visa holder and their partner; or
   2. the religious organisation sponsoring the principal applicant agrees to sponsor the dependent children.
2. Under (a)(i) above:
   1. the minimum income threshold must be met and maintained by the salary, wages or a stipend received by the Religious Worker visa holder and their partner; and
   2. evidence must be provided of the current salary, wages or stipend of the Religious Worker visa holder and their partner; and
   3. if a visa application is declined under these instructions and the dependent child becomes unlawful the parents may become liable for deportation; and
   4. if the parents do not maintain the minimum income threshold for the duration of their visa or their dependent child's visa, both the child and the parents may become liable for deportation.

Note: The income of both parents may be combined to meet the minimum income threshold.

V3.10.20 Dependent children awaiting the outcome of a family residence visa application

1. Dependent children who have made a visitor visa application as a child of a work visa holder (V3.10) may be granted work rights, enabling them to work for up to 20 hours in any given week and full-time during the summer holiday period (1 December-31 January inclusive annually) where they:
   1. Meet age requirements as a result of being between 17 and 24 years old (inclusive) when they make their application; and
   2. have provided evidence to satisfy an immigration officer that they have successfully completed year 13 of secondary school (or the overseas equivalent) if they are aged 17 years old when they make their application; and
   3. are included as a dependent child in an application for residence under one of the below categories:
      • Partnership Category (F2)
      • Skilled Migrant Category Resident Visa (SM); or
      • Skilled Migrant Category Visa (SR3); or
      • Green List: Straight to Residence (SR4); or
      • Green List: Work to Residence (SR5); or
      • Care Workforce: Work to Residence (SR6); or
      • Transport Sector: Work to Residence (SR7).

Notes:
-The summer holiday period is defined as running from 1 December to 31 January (inclusive) annually for visitor visa holders with work conditions which specify that they may undertake full-time work during the summer holiday period. This definition does not apply under student visa instructions, where the summer holiday period is determined by the associated education provider.
-Evidence that a 17-year-old applicant has completed year 13 of secondary school (or the overseas equivalent) may include, but is not limited to: a letter from their secondary school, a final school report or a graduation certificate.
-As per R2.1.30(f) where immigration officers are required to assess the financial dependence of children included in a resident application, any part-time work undertaken in accordance with these conditions will not affect that assessment.

Effective 01/10/2024