E7.45 Character requirements for partners supporting 'partnership-based temporary entry applications' (23/12/2019)

1. The following people will not meet the character requirement for supporting partners, unless granted a character waiver (see E7.45.10 below), if they have been convicted of any offence involving family violence or of a sexual nature whether in New Zealand or overseas:
   1. New Zealand citizen or resident class visa holder at any time since turning 17; or
   2. work (WF3) or student (WF4) visa holders in the seven years prior to the date the partnership application is made
2. 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, 'family violence' has the meaning set out in s.9 of the Family Violence Act 2018.

Any New Zealand conviction maybe covered under the Criminal Records (Clean Slate) Act 2004. See

E7.45.1 'Partnership-based temporary entry applications'

1. 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):
   1. Entry to New Zealand for the purpose of a culturally arranged marriage (see V3.35);
   2. Partners of New Zealand citizens or residence class visa holders (see V3.15 and WF2);
   3. Partners and dependent children of student or work visa holders (see E4.5);
   4. Work instructions for dependants (see WF2, WF4);
   5. Student instructions for partners and dependent children of diplomatic consular or official staff (U8.10);
   6. Visitor instructions for dependants (see V3.10, V3.15).
2. 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

1. 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.
2. Where a character check is required in terms of (a) above, an immigration officer may obtain a New Zealand police certificate on behalf of the supporting partner and/or request the partner provide an overseas police certificate to meet the character requirements of E7.45(a).
3. 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:
   1. detail the supporting partner's attempts to obtain a police certificate; and
   2. state whether they have been convicted or found guilty of or charged with any offences against the law of that country; and
   3. be corroborated by other information confirming their character.

Notes:
~ 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.

E7.45.10 Action

1. 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.
2. 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:
   1. if applicable, the seriousness of the offence (generally indicated by the term of imprisonment or size of the fine); and/or
   2. whether there is more than one offence; and/or
   3. how long ago the offending occurred.
3. Officers must make a decision only after they have considered all relevant factors, including (if applicable):
   1. any advice from the National Office of INZ; and
   2. any submissions and information provided by the applicant or supporting partner in respect of whether a waiver should be granted.
4. Officers must record:
   1. their consideration of the surrounding circumstances, (see paragraph (b) above), noting all factors taken into account; and
   2. the reasons for their decision to waive or decline to waive the partner character requirement.
5. Any decision to waive the character requirement for supporting partners must be made by either:
   1. a seconded immigration officer; or
   2. an officer with Schedule 1–3 delegations

Effective 23/12/2019