E4.5 Partners* and dependent children of student or... (10/04/2007)

E4.5 Partners* and dependent children of student or work visa or permit holders

See E4.5 Effective 05/11/2007
See E4.5 Effective 28/11/2005
See E4.5 Effective 29/09/2003
See E4.5 Effective 01/10/2001
See E4.5 Effective 26/07/1999

1. Partners of student or work visa or permit holders may be issued with temporary visas or granted temporary permits of a type appropriate to their needs for the currency of their partner's visa or permit unless the work permit holder has been issued with a work visa or granted a work permit under any one of the following policies:
   1. Crew of foreign chartered fishing vessels (see WG6), or
   2. Recognised Seasonal Employer (RSE) Work Policy (see WG8).
2. To be eligible for a temporary visa or permit, partners must prove to the satisfaction of a visa or immigration officer they are living together in a genuine and stable partnership* and meet the minimum requirements for recognition of partnerships.
3. In each case the onus of proving that a partnership is genuine and stable* lies with the couple involved.
4. Dependent children* of student or work visa or permit holders may be issued with temporary visas or granted temporary permits of a type appropriate to their needs for the duration of the parent's visa or permit, unless the work permit holder has been issued with a work visa or granted a work permit under any one of the following policies:
   1. Crew of foreign chartered fishing vessels (see WG6), or
   2. Recognised Seasonal Employer (RSE) Work Policy (see WG8).
5. Partners of NZAID students, require NZAID's written approval to be granted a work permit.

Note: The exclusions for partners and dependent children of RSE work permit holders and crew of chartered foreign fishing vessel work permit holders in (a) and (d) above, do not prevent the issue or grant of visas or permits to partners and dependent children in their own right, tested against standard Work, Student, or Visitor policy.

E4.5.1 Definition of 'genuine and stable relationship'

1. A genuine and stable partnership is a partnership that the visa or immigration officer is satisfied:
   1. is genuine, because it has been entered into with the intention of being maintained on a long-term and exclusive basis, and
   2. is likely to endure.

E4.5.5 Evidential requirements

1. If a partner* or dependent child* is included in an application, or is applying in their own right as the partner* or dependent child* of a student or work visa or permit holder (see E4.5 above), evidence of their relationship to the principal applicant* or student or work visa or permit holder must be provided in the following forms:
   1. for partners*,
      • evidence of their relationship with their partner*, and
      • evidence that demonstrates they are living together with that partner* in a genuine and stable partnership* at the time their application is made*. (F2.20 sets out the types of evidence that are required), or
   2. for a dependent child*, one of the following documents:
      • the original birth certificate showing the names of the parent(s), or
      • original adoption papers showing that the child has been legally adopted by the principal applicant* or partner* or student or work visa or permit holder, or
      • 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. (The declaration must state that the child has been adopted by the principal applicant* and/or partner* included in the application or a parent holding a student or work visa or permit, as well as the date of the adoption, and the country in which the adoption took place.)
2. Before issuing a temporary visa or granting a temporary permit to a partner* and dependent children* of a work visa or permit holder, visa and immigration officers must sight evidence that the work visa or permit holder has been:
   1. issued with a work visa or granted a work permit, or
   2. is eligible to be issued with a work visa or granted a work permit.
3. Before issuing a temporary visa or granting a temporary permit to a partner* and dependent children* of a student visa or permit holder, visa and immigration officers must sight evidence that the student visa or permit holder has been:
   1. issued with a student visa or granted a student permit, or
   2. is eligible to be issued with a student visa or granted a student permit.

Effective 10/04/2007