2014-Oct 24: Inclusion of partners in temporary entry class visa applications

Visa Pak 185: Clarification for staff on how to record the eligibility of partners included in temporary entry visa applications in AMS

Visa Paks

24 October 2014

Inclusion of partners in temporary entry class visa applications (E4.1)

This article clarifies how to record, in AMS, the eligibility of partners who are included in temporary entry visa applications.

It should be noted that although the document includes some assessment examples, these are examples only and should not be taken as standardised templates.

Instructions

As per instructions E4.1.30 (a), 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.

When assessing partnership, officers must record in AMS notes how they are satisfied with the two components under E4.1.30 (a):

  • Living together; and
  • In a genuine and stable partnership

This does not necessarily require a comprehensive assessment of the relationship but officers must record in AMS how they are satisfied the couple in the application are living together in a genuine and stable relationship. However, there will be some applications where officers will need to request additional documentation and/or undertake further assessment if they cannot be satisfied from the documents provided or information available that the provisions in E4.1.30 (a) have been met.

Documentation that does not demonstrate a common residence should not be taken as evidence of living together.

Best Practice Examples

  1. As per E4.1.30 and E4.5 I am satisfied that the PA and SA are living in a genuine and stable partnership. The have submitted their marriage certificate dated __/__/___ and their Hukou, which shows they have been living together at the declared residential address since _____.
  2. Copy of family registration card (kartu keluarga) shows all members of the family are living at the same address since _____; and confirm the relationship between the applicants, which is considered sufficient to confirm the PA’s relationship to the partner and the children.
  3. The PA, a Columbian national, applied for a visitor visa to NZ and included his wife and daughter in the application. 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. As a result, I am satisfied that instructions under E4.1 are met.