2012-Jul 06: Applications from resident or former resident visa holders

Visa Pak 72: Guidelines for the processing of applications from resident or former resident visa holders and whether they can include their partners and children

Visa Paks

6 July 2012

Some staff have been advising people applying for a Permanent Resident Visa (PRV), that each family member is required to complete a separate application form (Application from a Residence or Former Residence Visa Holder INZ 1175), and pay a separate application fee.

Regulation 20 – ‘Applications involving family members’ of the Immigration (Visa, Entry Permission, and Related Matters) Regulations 2010, sets out when a visa application may include the applicant, their dependent children, and their spouse or partner.

This regulation applies to all residence class visa applications and variation of travel condition (VOTC) and makes it clear that such applications may include the applicant, their dependent children (less than 25 years old) and their partner. This regulation therefore applies to PRV and second or subsequent resident visa (SSRV) applications. These applicants complete the application form: Application from a Residence or Former Residence Visa Holder INZ 1175.

While eligibility for a PRV, VOTC or SSRV is generally dependent on the eligibility of the Principal Applicant (PA) of the original residence application unless the non-PA is eligible to be considered in their own right under RV1.2 or, RV3.10 14-day variation of travel conditions applies, this does not affect Regulation 20.

Action: The PA can include their dependent children and their partner in their PRV, VOTC or SRV application, (whether they were also included in that PA’s original resident visa application or not). If a PA includes their partner and dependent children in their INZ 1175 application form, they do not need to complete separate application forms or pay separate application fees.

In addition, if the PA makes a PRV, VOTC or SRV application, but does not include dependent children and their partner in their application (from their original resident visa application), their partner may later apply for their PRV, VOTC or SRV application as the PA with their dependent children (from their original resident visa application). If the partner and their dependent children are all included in the INZ 1175 application form, they do not need to complete separate application forms or pay separate application fees.

Examples:

  1. The PA of the original residence application applies for a PRV before her partner and two dependent children, who were included in the original residence application. The PA completes the INZ 1175 application form and pays the application fee. At a later date, the partner and two dependent children also apply for a PRV. They complete one INZ 1175 application form and pay one application fee. (Two INZ 1175 application forms need to be completed and two PRV application fees paid). 
  2. The PA of the original residence application applies for a PRV before her partner and two dependent children, who were also included in the original residence application. The PA completes the INZ 1175 application form and pays the application fee. At a later date, the partner (from the original resident visa application) applies for a PRV, completes the INZ 1175 application form and pays the application fee. Later still, the two dependent children (from the original resident visa application) also apply for a PRV, and each complete an INZ 1175 application form and each pay an application fee. (Four INZ 1175 application forms need to be completed and four application fees paid).
  3. A couple originally gained residence under SMC as single people in their own right but subsequently become partners after migrating to New Zealand. Both are eligible for a PRV and because they are now partners may apply together as per Regulation 20 completing one INZ 1175 application form and paying one application fee. Their eligibility for the grant of a PRV will however, needs to be determined separately.

Please ensure staff is aware of Regulation 20 of the Immigration (Visa, Entry Permission, and Related Matters) Regulations 2010; and are following them correctly.