E4.1 Who may be included in an application (26/07/1999)

See E4.1 Effective 05/11/2007
See E4.1 Effective 04/12/2006
See E4.1 Effective 12/09/2005
See E4.1 Effective 04/07/2005
See E4.1 Effective 15/11/2004
See E4.1 Effective 29/09/2003
See E4.1 Updated 05/06/00
See E4.1 Updated 01/10/1999

1. Each principal applicant* must lodge a separate application.
2. The spouse or de facto partner* of a principal applicant*, and dependent children* aged 19 or younger, may be included on applications for:
   1. visitors' permits, and
   2. visitors' visas and transit visas if intending to travel together.
3. For the purpose of inclusion in an application, a de facto partner* is a person who meets the definition of de facto partner* in E4.1.10 below. De facto partners* who do not meet this definition must apply for temporary visas or permits in their own right.
4. Persons applying for a student or work visa or permit must lodge a separate application. Spouses or de facto partners* and dependent children* of student or work visa or permit applicants must lodge a separate application for a temporary visa or permit appropriate to their needs (see E4.5).

   Example: a dependent child* intending to attend school in New Zealand must apply for a student visa or permit.

5. For the purpose of lodging an application, 'children of the principal applicant' means biological or adopted children of the principal applicant* and/or the principal applicant's* spouse or partner (if the spouse or partner is included in the application).

E4.1.1 Definition of 'principal applicant'

1. For temporary entry applications the principal applicant is identified as follows:
   1. for a visitor's visa, visitor's permit or a transit visa application, the principal applicant is the person who is declared to be the principal applicant* on that application; or
   2. for work or student visa or permit applications, the principal applicant is the person applying for the work or student visa or permit.
2. When the application is assessed, all persons included in the application will be assessed against the policy criteria, unless policy indicates otherwise.

E4.1.5 Definition of 'dependent child'

For the purpose of lodging an application, and despite the definition in section 2 of the Immigration Act 1987, a child is dependent if they are:

1. 1. aged 17 to 19, with no child(ren) of their own, and
   2. single*, and
   3. if included in an application for a visitor visa, visitor permit or transit visa, totally or substantially reliant on the principal applicant* and/or the principal applicant's* spouse or de facto partner for financial support, whether living with them or not, or
   4. if applying for a temporary visa or permit in reliance on the provisions at E4.5 (Spouses or de facto partners and dependent children* of student or work visa or permit holders) totally or substantially reliant on that student or work visa or permit holder for financial support; or
2. 1. aged 16 or younger, and
   2. single*, and
   3. if included in an application for a visitor visa, visitor permit or transit visa, totally or substantially reliant on the principal applicant* and/or the principal applicant's* spouse or de facto partner for financial support, whether living with them or not, or
   4. if applying for a temporary visa or permit in reliance on the provisions at E4.5 (Spouses or de facto partners and dependent children* of student or work visa or permit holders) totally or substantially reliant on that student or work visa or permit holder for financial support.
3. Up to 17 years of age, if a child is unmarried it is presumed to be dependent unless there is evidence to the contrary.
4. For children aged 17-19 years of age, evidence of actual dependence may be required.

E4.1.10 Definition of 'de facto partner'

1. A de facto partner is a partner in a heterosexual or same sex relationship who has been living with their partner in a genuine and stable relationship* for at least 2 years immediately before their applicaton is made*.
2. References to 'partner' in temporary entry policy mean de facto partner as defined above.

Effective 26/07/1999