E7.45 Character requirements for partners supporting 'partnership-based temporary entry applications'
- Any person who has been convicted in the seven years prior to the date the application is made of:
- any offence involving domestic violence; or
- any offence of a sexual nature.
will not meet the character requirement for supporting partners in respect of a 'partnership-based temporary entry application', unless granted a character waiver (see E7.45.10 below).
- If the supporting partner does not meet the character requirement for partners supporting 'partnership-based temporary entry applications', the application may be declined.
Note: For the purpose of these instructions, 'domestic violence' has the meaning set out in s.3 of the Domestic Violence Act 1995.
E7.45.1 'Partnership-based temporary entry applications'
- For the purpose of these instructions 'partnership-based temporary entry applications' are applications made under the following immigration instructions (except where the principal applicant is a dependent child):
- Entry to New Zealand for the purpose of a culturally arranged marriage (see V3.35);
- Partners of New Zealand citizens or residence class visa holders (see V3.15 and WF2);
- Partners and dependent children of student or work visa holders (see E4.5);
- Work instructions for dependants (see WF2, WF4);
- Student instructions for dependants (see U8.1, U8.10, U8.20);
- Visitor instructions for dependants (see V3.10, V3.15).
- Despite E7.45.1 (a) above, partners of military visa holders do not need to meet the character requirement.
E7.45.5 Evidence that partners supporting 'partnership-based temporary entry applications' meet the character requirement
- Partners supporting 'partnership-based temporary entry applications' must complete the Form for Partners Supporting Partnership-based Temporary Entry Applications (INZ 1146).
- Character checks may be carried out if there is an indication that a partner (aged 17 and over) who is supporting a 'partnership-based temporary entry application' may not meet character requirements.
- Where a character check is required in terms of (b) above:
- a New Zealand police certificate will be obtained by INZ; and
- (in the case of a supporting partner who is aged 17 and over) an immigration officer may request a police or similar certificate, less than 6 months old, from any country in which the supporting partner has lived 12 months (whether on one visit or intermittently) or more in the last seven years.
- Where an application is submitted without the required police certificate(s), an immigration officer may nevertheless accept the application, and obtain any necessary clearances after acceptance, if a supporting partner requires a police certificate from a country:
- that does not issue police certificates to individuals; or
- for which no instructions in respect of how to obtain a police certificate are available.
- If a police certificate is not available from a particular country, the supporting partner must provide a separate statutory declaration in both English and the partner's first language, which must:
- detail the supporting partner's attempts to obtain a police certificate; and
- state whether they have been convicted or found guilty of or charged with any offences against the law of that country; and
- be corroborated by other information confirming their character.
~For full information on police certificates see A5.10.
~Instructions in respect of how to obtain police certificates from specific countries can be obtained from the INZ website at www.immigration.govt.nz/policecertificate.
- Immigration officers must not automatically decline 'partnership-based temporary entry applications' on the basis that the supporting partner does not meet the supporting partner character requirement.
- Officers must consider the surrounding circumstances of the application to decide whether or not they are compelling enough to justify waiving the supporting partner character requirement. The circumstances include but are not limited to the following factors as appropriate:
- if applicable, the seriousness of the offence (generally indicated by the term of imprisonment or size of the fine); and/or
- whether there is more than one offence; and/or
- how long ago the offending occurred.
- Officers must make a decision only after they have considered all relevant factors, including (if applicable):
- any advice from the National Office of INZ; and
- compliance with fairness and natural justice requirements (see A1).
- Officers must record:
- their consideration of the surrounding circumstances, (see paragraph (b) above), noting all factors taken into account; and
- the reasons for their decision to waive or decline to waive the partner character requirement.
- Any decision to waive the character requirement for supporting partners must be made by either:
- a seconded immigration officer; or
- an officer with Schedule 1-3 delegations.