2014-Oct 31: Eligible New Zealand citizen or resident partner and domestic violence – Partnership Category

Visa Pak 186: Guidelines on the eligibility for New Zealand citizen or resident partners to support a partnership Residence Category and have a history of domestic violence.

Visa Paks

31 October 2014

Eligible New Zealand citizen or resident partner and domestic violence – Partnership Category

An application under the Family Partnership Category of residence instructions will be declined if it is not supported by an eligible New Zealand citizen or resident partner (see F2.5.d.i).

Residence instructions at F2.10.10 define who is eligible to support a residence class visa application under the Partnership Category. Note in particular F2.10.10.a.iii:

F2.10.10 Definition of ‘eligible to support a residence class visa application under the Partnership Category’

    a. For a New Zealand partner (F2.10.2) to be eligible to support a residence class visa application under the Partnership Category they:
    iii. the New Zealand partner cannot, in the seven years prior to the date the application is made, have been the perpetrator of an incident of domestic violence which has resulted in the grant of a resident visa to a person under the category for victims of domestic violence (see S4.5); and

This means that a person who had in the seven years prior to their partner’s application being made, perpetrated an incident of domestic violence, which resulted in the grant of a residence visa to a person under the Residence Category for victims of domestic violence is not eligible to support a residence class visa application under the Partnership Category (unless granted a character waiver). In other words, instructions require that both the incident of domestic violence, and the grant of residence under the Residence Category for victims of domestic violence which resulted (see S4.5), must have occurred in the seven years prior to the application being made before F2.10.10.a.iii applies.

Examples

The New Zealand supporting partner’s former partner gained residence under the Residence Category for victims of domestic violence on 12 December 2013 in reliance on a final Protection Order due to an incident of domestic violence on 10 November 2012. The New Zealand supporting partner will not be eligible to support a subsequent partner’s application under Partnership Category until 10 November 2019.

A New Zealand partner’s criminal record states that he assaulted his first wife on 1 January 2008. In terms of F2.10.10.a.iii, he is not considered an eligible New Zealand citizen or resident partner in his second wife’s application for a residence class visa under the Partnership Category until 2 January 2015 even if he were to be granted a character waiver under R5.95.5.

Please discuss this advice with staff.

In particular, ensure that staff understand that the seven-year period is calculated from the date the incident of domestic violence relied on in the former partner’s application under the Residence Category for victims of domestic violence took place and not the date the former partner was granted residence.