RV1.20 Including family members in applications (29/11/2010)

1. For the purpose of making an application under this chapter,
   1. 'principal applicant' means the principal applicant of the original resident visa application; and
   2. 'non-principal applicants' means the non-principal applicants included in the original resident visa application.
2. A non-principal applicant will not be granted a permanent resident visa unless the principal applicant has been granted a permanent resident visa, except where specific instructions in RV1.20.1 to RV1.20.20 apply.
3. A non-principal applicant's travel conditions will be varied for the same period as that of the principal applicant, except where specific instructions in RV1.20.1 to RV1.20.20 apply.
4. A non-principal applicant will be granted a second or subsequent resident visa based on the eligibility of the principal applicant for a second or subsequent resident visa, except where specific instructions in RV1.20.1 to RV1.20.20 apply.
5. If a non-principal applicant makes an application for further travel conditions or a permanent resident visa and the principal applicant:
   1. does not lodge an application; or
   2. is declined a variation of travel conditions or a permanent resident visa; or
   3. does not hold a permanent resident visa or a resident visa with valid travel conditions,

   then, unless the instructions in RV1.20.1 to RV1.20.20 apply, the application will only be considered under the provisions of RV3.1.1 or RV3.10.

RV1.20.1 Non-principal applicants who are partners

1. The partner of the principal applicant is eligible to be considered in their own right for variation of travel conditions or a new residence class visa if the following events occur:
   1. the partner and the principal applicant become divorced or separated; or
   2. the partner is granted a non-molestation order against the principal applicant; or
   3. the principal applicant is convicted of an offence against the partner or a dependent child; or
   4. the principal applicant dies.
2. Evidence of the circumstances in which the partner of a principal applicant may apply for an a variation of travel conditions or a new residence class visa in their own right may include but is not limited to original or certified copies of the following:
   • the final decree of divorce from the principal applicant; or
   • a non-molestation order against the principal applicant; or
   • evidence that the principal applicant has been convicted of an offence against the person of the partner or of a dependent child; or
   • evidence of separation; or
   • the death certificate of the principal applicant.

RV1.20.5 Non-principal applicants who are dependent children

1. In the case of dissolution, or where a de facto relationship has ended as described in RV1.20.1 b. above, any dependent children will be considered as dependants of whichever parent has legal right of custody (see R2.1.45).
2. Dependent children who wish to have their application under these instructions assessed based on the partner of the principal applicant’s eligibility must provide evidence that the partner has legal custody of them.

RV1.20.10 Non-principal applicants who are non-dependent children

1. Non-dependent children are those who were included in the resident visa application as dependent children and are now outside the definition for dependent children (e.g. due to their age or financial status). Non-dependent children will be treated as dependent children for the purpose of making an application under these instructions.
2. Non-dependent children will be treated as though they are dependants of whichever parent they are living with at the time of applying under this chapter.
3. Non-dependent children who are not living with either parent at the time of making an application under this chapter will be considered on the basis of the principal applicant's eligibility for variation of travel conditions or a new residence class visa.

RV1.20.15 Principal applicant is a New Zealand citizen

When the principal applicant is a New Zealand citizen at the time an application is made under this chapter by a non-principal applicant:

1. if the non-principal applicant is the principal applicant’s partner, their eligibility for a variation of travel conditions or a new residence class visa will be based on the non-principal applicant meeting the criteria set out under RV2, RV3 or RV4 themselves; or
2. if the non-principal applicant is a dependent child, and the resident visa application included the principal applicant’s partner, the dependent child’s eligibility for a variation of travel conditions or a new residence class visa will be based on the principal applicant’s partner having obtained a variation of travel conditions or a new residence class visa under RV2, RV3 or RV4; or
3. if the non-principal applicant is a dependent child, and the resident visa application did not include the principal applicant’s partner, the dependent child’s eligibility for a variation of travel conditions or a new residence class visa will be based on the dependent child meeting the criteria set out under RV2, RV3 or RV4 themselves.

RV1.20.20 Transitional provisions

Non-principal applicants who are considered to hold resident visas because they:

1. were granted residence permits before 30 October 1995 or in reliance on residence visas issued before 30 October 1995; or
2. arrived in New Zealand lawfully to live permanently in New Zealand at any time before 2 April 1974 and were considered to hold a residence permit under the Immigration Act 1987;

may be granted a permanent resident visa or variation of travel conditions if they meet the criteria set out in the instructions in this chapter regardless of the status of the principal applicant.

Effective 29/11/2010