RV1.20 Determining the eligibility of non-principal applicants (11/04/2016)

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. The only requirement for the grant of a permanent resident visa to a non-principal applicant is that the principal applicant must hold a permanent resident visa, unless:
   1. the non-principal applicant is excluded by the provisions of RV2.1; or
   2. the provisions requiring a secondary applicant to be assessed independently of the principal applicant apply (RV1.20.1 to RV1.20.20); or
   3. the non-principal applicant has never been in New Zealand as a resident (as required by RV1.5(d)).
   4. the non-principal applicant does not meet character instructions (see A5) (unless given a special direction or granted a character waiver) or falls under RV1.25.
3. A non-principal applicant must be granted a variation of travel conditions to allow travel until the same date as the principal applicant’s resident visa unless:
   1. the non-principal applicant is excluded by the provisions of RV3.1(d); or
   2. the provisions requiring a secondary applicant to be assessed independently of the principal applicant apply (RV1.20.1 to RV1.20.20); or
   3. the non-principal applicant has never been in New Zealand as a resident (as required by RV1.5(d)).
4. A non-principal applicant will be granted a second or subsequent resident visa based on the eligibility of the principal applicant for a variation of travel conditions, second or subsequent resident visa or permanent resident visa, unless
   1. the non-principal applicant is excluded by the provisions of RV4.1; or
   2. specific instructions in RV1.20.1 to RV1.20.20 apply; or
   3. the non-principal applicant has never been in New Zealand as a resident (as required by RV1.5(d)).
   4. the non-principal applicant does not meet character instructions (see A5) (unless given a special direction or granted a character waiver) or falls under RV1.25.
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,
   4. 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 or protection order against the principal applicant; or
   3. the principal applicant is convicted of an offence against the partner or a dependent child;
   4. the principal applicant dies; or
   5. the principal applicant has obtained New Zealand citizenship.
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 or a dissolution order from the principal applicant; or
   • a non-molestation or protection 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 were dependent children in the original residence application

1. The eligibility of a dependent child included in the original residence application for a permanent resident visa, a variation of travel conditions or a second or subsequent visa will be assessed in the same way regardless of whether that child is still dependent at the time of application.
2. In the case of the dissolution of a partnership as described in RV1.20.1(b) above, a child’s eligibility will be assessed on the basis of:
   1. whichever parent has legal right of custody if they are under 16 (see R2.1.45); or
   2. whichever parent they are living with if they are 16 or over; or
   3. the principal applicant, if they are 16 or over and are not living with either parent.
3. If the principal applicant dies or obtains New Zealand citizenship, children must be assessed on the basis of the eligibility of the non-principal applicant partner included in the original residence application.
4. The child can be assessed in their own right if the provisions of (b) or (c) above require that a child be assessed on the basis of the non-principal applicant partner included in the application, and this is not possible because:
   1. a non-principal applicant partner was not included in the application; or
   2. the non-principal applicant partner has died; or
   3. the non-principal applicant partner has obtained New Zealand citizenship.
5. Children who wish to have their application under these instructions assessed based on the eligibility of a person other than the principal applicant must provide evidence that their circumstances meet the criteria set out in (b) to (d) above (for example, evidence of custody).

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 11/04/2016