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E4.5 Partners and dependent children of temporary entry class visa holders (29/11/2010)

  1. Partners of student or work visa holders may be granted a temporary entry class visa of a type appropriate to their needs for the currency of their partner's visa as specified in:
    1. Family Stream Work instructions (see WF); or
    2. Student instructions for dependants (see U8); or
    3. Visitor instructions for dependants (see V3.10).
  2. To be eligible for a temporary entry class visa, partners must prove to the satisfaction of an immigration officer that:
    1. they are living together with their partner in a genuine and stable partnership (see E4.5.1); and
    2. they comply with the minimum requirements for recognition of partnerships (see E4.1.30 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, work or military visa holders may be granted a temporary entry class visa of a type appropriate to their needs for the duration of the parent's visa as specified in:
    1. Student instructions for dependants (see U8); or
    2. Visitor instructions for dependants (see V3.10).
  5. Partners of NZAID students, require NZAID's written approval to be granted a work visa.
  6. Partners of military visa holders may be granted a temporary entry class visa of a type appropriate to their needs for the currency of their partner's visa as specified in WI8, V3.125 or U8.15.

E4.5.1 Definition of 'genuine and stable’ partnership

  1. A partnership is genuine and stable if an immigration officer is satisfied that it:
    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 stable, because it 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, work or limited visa holder, evidence of their relationship to the principal applicant or student, work or limited visa holder must be provided in the following form:
    1. for partners,
      • evidence of their relationship 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 (see R3.5.1) by the principal applicant or partner, or student or work visa 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, as well as the date of the adoption, and the country in which the adoption took place.)
  2. Before granting a temporary entry class visa to a partner and dependent children of a work visa holder, immigration officers must sight evidence that the work visa holder has been:
    1. granted a work visa; or
    2. is eligible to be granted a work visa.
  3. Before granting a temporary entry class visa to a partner and dependent children of a student visa holder, immigration officers must sight evidence that the student visa holder has been:
    1. granted a student visa; or
    2. is eligible to be granted a student visa.
  4. Where a person is applying for a temporary entry class visa 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 entry class visa must complete the Form for Partners Supporting Partnership-based Temporary Entry Applications (INZ 1146).

Effective 29/11/2010

PREVIOUS IMMIGRATION INSTRUCTIONS

E4.5 Temporary entry class visa for partners and dependent children (22/05/2017)

E4.5 Temporary entry class visa for partners and dependent children (07/12/2015)

E4.5 Temporary entry class visa for partners and dependent children (30/03/2015)

E4.5 Temporary entry class visa for partners and dependent children (08/12/2014)

E4.5 Temporary entry class visa for partners and dependent (17/11/2014)

E4.5 Partners and dependent children of temporary entry class visa holders (01/07/2013)

E4.5 Partners and dependent children of temporary entry class visa holders (07/11/2011)

E4.5 Partners and dependent children of temporary entry class visa holders (07/02/2011)

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