2014-Nov 21: Temporary entry partnership assessments

Visa Pak 189: Information on changes to instructions and how Immigration Officers assess partnerships under the new criteria for temporary instructions

Visa Paks

21 November 2014

Temporary entry partnership assessments

On 17 November, a number of amendments to the part of generic temporary entry instructions related to partnership went into effect. Please note the following:

  • The instructions include a new definition of living together – note the guidance about applying the definition and reminder about partnership assessments below.

What is the new definition of living together and what does it mean for how I assess partnerships?

The new instructions at E4.5.30 Definition of ‘living together’ contain some extra guidance about the definition of living together, including some examples of what is not considered to be living together. The new definition simply reflects the existing intent, and therefore it is not expected that it will result in a fundamental change in the way partnerships are assessed.

As always with partnership assessments, the assessment of whether the living together requirement is met must be made on a case by case basis, taking into account the individual circumstances of the couple. The examples of what is not considered to be living together are provided to help you and applicants understand what is intended by “living together”. It is possible that you may come across a case where you are satisfied the couple are living together in a genuine and stable relationship, despite appearing to meet one of the “not living together” examples – e.g. if a New Zealander continues to maintain a residence in New Zealand while living overseas with his or her partner, or a couple that met through being flatmates who have progressed to living together as a couple.

How long is long enough living together?

Although there is no minimum time period of living together for temporary entry, it is important that you are satisfied that the couple are genuinely living together (or have lived together, see next question), and that the partnership is genuine and stable. The period required to meet the living together requirement is likely to vary depending on the circumstances of the couple, including the cultural context of the partnership. You might be satisfied that the requirements are met after living together for a month in the case of a couple who have known each other for a long time but not lived together prior to marriage, while not being satisfied in the case of another couple who have lived together for a month but appear to have only recently met and have moved in together immediately.

The key thing is that you can be satisfied that the couple have lived together for a long enough period to establish that the relationship is stable and likely to endure.

What about couples who are not living together at the time of the application, or have other periods during their partnership when they have not lived together?

There are now instructions in E4.5.35 Determining if the couple are living together in a partnership that is genuine and stable at (f) and (g) that cover periods of separation. These provisions previously applied to temporary entry applications, but instead of being included here there was a reference to residence provisions for partnership. For clarity and ease of use, they have now been replicated here and adjusted slightly to better reflect the context of temporary entry applications.

It is important to properly assess whether the couple did meet the requirements of living together in a genuine and stable relationship before any periods of separation, as well as assessing the factors discussed in (f) about the period of separation itself.

For more advice about partnership assessment when a partner is included in an application, see the advice on 24 October 2014.