2012-Apr 27: Residence Partnership – periods of separation

Visa Pak 62: Clarification for Immigration Officers on how to assess periods of separation in relation to Partnership Resident applications

Visa Paks

27 April 2012

This is to clarify the interpretation of the Residence Partnership instructions concerning Periods of Separation.

Residence instructions F2.5(a) state that a couple must have been living together for 12 months or more in order to be approved residence. This should be read in conjunction with F2.30.1 that allows for periods of separation during the relationship. This means that where a couple have not lived together for 12 months, the officer may take into account the reason/s for periods of separation when assessing the relationship.

For a relationship to be recognised as a partnership as defined at E4.1.10 Government Immigration instructions requires officers to be satisfied a couple are ‘living together in a genuine and stable’ partnership. In turn ‘genuine and stable partnership’ is defined at E4.5.1 a. as follows -

“A genuine and stable partnership is a partnership that the visa or immigration officer is satisfied:

i. is genuine, because it has been entered into with the intention of being maintained on a long-term and exclusive basis, and

ii. is likely to endure.”

When determining if a relationship can be recognised as a partnership for immigration purposes (as defined above) officers should apply what is sometimes referred to as a ‘Fourfold test’ that is currently enshrined in Family category, Partnership instructions at F2.30.

As indicated in the instructions above the four elements are all intrinsically linked with each one having a part to play in enabling a conclusion to be reached on whether or not a couple are ‘living together in a partnership that is genuine and stable’. How closely officers need to examine each element will depend on the individual circumstances of the applicant.

If there is sufficient satisfactory evidence that a couple have been living together for a number of years, have children as a result of their partnership etc. then any examination will likely be fairly minimal. However, if the partnership is of short duration and there is limited, or no evidence of any formative relationship prior to living together, and any periods of living together were brief then examination of all four elements will need to be more comprehensive. The impact ‘living together’ has on the ability of an applicant to meet all elements of the test is perhaps best described in the extract from Residence Appeal No: 12613 dated 21 December 2000.

For example, a person applies for residence and provides evidence of living together with her New Zealand partner for six of the last 12 months. Upon investigation, the officer is told that the NZ partner has a contract where he works two months offshore followed by two months onshore. If all other requirements of the Partnership instructions are met, then the officer may approve the application when the relationship is 12 months’ old rather than waiting for 24 months to satisfy the 12 months living together.

This will always be on a case by case basis and require all four aspects of a relationship under F2.30 to be considered; i.e. credible, living together, genuine and stable.