V3.10 Partners and dependent children of student or work visa holders (01/04/2013)

Subject to the provisions of E4.5:

1. Partners (see E4.1.20) of student or work visa holders may be granted visitor visas if that type of visa is appropriate to their needs for the currency of the partner's visa.
2. Dependent children (see E4.1.10) of student or work visa holders may be granted visitor visas if that type of visa is appropriate to their needs for the currency of the parent's visa.
3. Despite (a) and (b) above, partners and dependent children of the following persons are not eligible for the grant of a visa under these instructions:
   1. people granted a work visa under the instructions for Foreign Crew of Fishing Vessels (see WJ); or
   2. people granted a work visa under the instructions for Recognised Seasonal Employer (RSE) (see WH1); or
   3. persons granted a work visa under the instructions for Supplementary Seasonal Employment (SSE) (see WH3); or
   4. persons granted a work visa under the Silver Fern Job Search Instructions (WL2); or
   5. persons granted a work visa under the Skilled Migrant Category Job Search Instructions (see WR5); or
   6. persons granted a work visa under a Working Holiday Scheme (see WI2); or
   7. persons granted a work visa as a domestic staff member of diplomatic, consular or official staff (see WI4).
4. Partners and dependent children of people granted work to residence visas must meet health and character requirements for residence class visa applications as set out at A4 and A5.15 to A5.25.
5. Despite (c) (v) partners or dependent children of Skilled Migrant Category (SMC) Job Search visa holders may be granted visitor visas if the related SMC application was under consideration on or before 24 July 2011.

V3.10.1 Dependent children of Essential Skills work visa holders

1. A dependent child of a holder of a work visa granted under the Essential Skills work instructions (WK) after 30 November 2009 will only be granted a visitor visa if the minimum income threshold is met.
2. Despite (a) above, dependent children born in New Zealand after 30 November 2009 will not be tested against the threshold until their parent(s) next applies for an Essential Skills work visa.
3. Despite (a) and (b) above, the minimum income threshold does not apply if the dependent child's parent(s):
   1. have held any temporary work visa before 30 November 2009; and
   2. have remained on a valid visa from 30 November 2009 until the date of the dependent child's application under V3.10.

V3.10.5 Minimum income threshold

1. The minimum income threshold is NZ$35,019 gross per annum.
2. The minimum income threshold must be met and maintained wholly by the salary or wages of a parent or parents holding an Essential Skills work visa.
3. Evidence must be provided of the Essential Skills work visa holder's current salary or wages.
4. Despite (a) above, if the dependent child is included in a Samoan Quota or Pacific Access Category application, the minimum income threshold is the amount specified in Samoan Quota or Pacific Access Category instructions.
5. If a visa application is declined under these instructions and the dependent child becomes unlawful the parent(s) may become liable for deportation.
6. If the parent(s) do not maintain the minimum income threshold for the duration of their or their dependent child's visa, both the child and the parent(s) may become liable for deportation.

Note: Where both parents hold Essential Skills work visas, their income may be combined to meet the minimum income threshold.

V3.10.10 Dependent children of work visa holders under Religious Worker instructions

See also Immigration Act 2009 ss 56, 157

1. Dependent children of a holder of a work visa under Religious Worker instructions (WM) will only be granted a visitor visa if:
   1. the minimum income threshold of NZ$35,019 gross per annum is met by the Religious Worker visa holder and their partner; or
   2. the religious organisation sponsoring the principal applicant agrees to sponsor the dependent children.
2. Under (a)(i) above:
   1. the minimum income threshold must be met and maintained by the salary, wages or a stipend received by the Religious Worker visa holder and their partner; and
   2. evidence must be provided of the current salary, wages or stipend of the Religious Worker visa holder and their partner; and
   3. if a visa application is declined under these instructions and the dependent child becomes unlawful the parents may become liable for deportation; and
   4. if the parents do not maintain the minimum income threshold for the duration of their visa or their dependent child's visa, both the child and the parents may become liable for deportation.

Note: The income of both parents may be combined to meet the minimum income threshold.

Effective 01/04/2013