2012-Apr 20: Best Practice Requirements of E4.5 - Partners and dependent children of temporary entry class visa holders

Visa Pak 61 - Best Practice for Immigration Officers to follow for requirements of E4.5 - Partners and dependent children of temporary entry class visa holders

Visa Paks

20 April 2012

Branches have been taking a facilitative approach for some visitor visa applicants by not following the requirement for partners to provide evidence to satisfy INZ that they are living together in a genuine and stable relationship (E4.5 (b)) This has led to "poor" or "questionable" Q3 assessment ratings (depending on the circumstances of the individual case) because there has been little or no evidence in AMS or on the physical application of the case officer's consideration of the prescribed immigration instructions for partnership.

Instructions

The relevant section of E4.5 (b) states: to be eligible for a temporary entry class visa, partners must prove to the satisfaction of an immigration officer that they are living together with their partner in a genuine and stable partnership (see E4.5.1) and they comply with the minimum requirements for recognition of partnerships (see E4.1.30 and F2.15);

E4.5.5 (a) states: 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 (F2.20 and E4.5.5 (a) (ii) refers).

Best Practice

To satisfy Best Practice, immigration instructions and Q3 requirements, officers must make reference in AMS notes or on the physical file as to how they have taken E4.5 of the instructions into consideration in their application assessment.

For Partnership this does not necessarily require a full assessment of the relationship as required under Partnership instructions; however officers can request further documentation if they have reason to doubt the relationship.

For dependent children officers need to establish that applicants are either the biological or adopted children of the PA and, in cases where they are under 16 and will travel with one parent only, that the other parent is aware of that (see provision E4.50.20).

Best Practice AMS example: GOOD EXAMPLES FOR E4.5

  1. The assessment notes in AMS notes for a visitor visa application: As per E4.1.20 I am satisfied that the PA and SA are living in a genuine and stable relationship. The have submitted their Hukou and marriage certificate. Given that they are only visiting NZ for a short period and that they would both qualify as genuine visitors as per bona fides, I do not consider the risk significant to request further documentation of their partnership.
  2. Mr xx, a Columbian national, applied for a visitor visa to NZ and included his wife and daughter in the application. The family had no previous travel history in AMS. In support of the application, the family included copies of passports showing travel history to common places, a current joint bank statement showing the same residential address in the application form, a marriage certificate and the birth certificate of their daughter. (This list is indicative of what evidence might be acceptable). It is stated in the visa assessment in AMS Notes that Section E4.5 has been considered and is supported by the evidence above.