E4.5 Partners* and dependent children of student or...

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

See E4.5 Effective 10/04/2007
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 as specified in:
   1. Family Stream Work Policy (see WF); or
   2. Student policy for dependants (see U8); or
   3. Visitor policy for dependants (see V3.10).
2. To be eligible for a temporary visa or permit, partners* must prove to the satisfaction of a visa or immigration officer that:
   1. they are living together with their partner* in a genuine and stable partnership*; and
   2. they comply with the minimum requirements for recognition of partnerships (see E4.1.10 and F2.15); and
   3. their partner* supports the application; and
   4. their partner* meets the character requirements for partners* supporting 'partnership-based temporary entry applications' set out at E7.45.
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 as specified in:
   1. Student policy for dependants (see U8); or
   2. Visitor policy for dependants (see V3.10).
5. Partners* of NZAID students require NZAID's written approval to be granted a work permit.

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.
4. Where a person is applying for a temporary visa or permit on the basis of their partner's* immigration status, the partner* who has been approved for the grant of, or is the holder of, the temporary visa or permit must complete the Form for partners supporting partnership-based temporary entry applications (INZ 1146).

Effective 05/11/2007