2016-Jul 01: Duration of Temporary Visas for Partners of New Zealand Citizens and Residence Class Visa Holders

Visa Pak 266 - Further advice about the duration of temporary visas for the partners of New Zealand Citizens or Residence Class Visa holders.

Visa Paks

01 July 2016

Duration of Temporary Visas for Partners of New Zealand Citizens and Residence Class Visa Holders

There has been inconsistent interpretation of instructions at V3.15.1 and WF2.1 relating to the duration of temporary visas for partners of New Zealand citizens and residence class visa holders.

Partnership Category residence instructions at F2.5(a) provide that partners of New Zealand citizens and residence class visa holders who have been ‘living together’ for 12 months or more with a New Zealand citizen or resident in a ‘genuine and stable’ partnership are eligible to be granted a residence class visa. The primary purpose of temporary instructions at V3.15 and WF2 is to provide a pathway to residence under Partnership Category rather than long term temporary residence.

Advice

 It is the duration of the couple’s partnership i.e. the time they have spent ‘living together’ in a partnership that is ‘genuine and stable’ at the time of assessment which determines the duration of the temporary visa that may be granted as described below:

If the duration of the partnership is:
1.less than 12 months then the period of stay in New Zealand granted by the temporary visa must not exceed 12 months duration. Further visas may be granted for the reasons described in instructions at b. i. or ii. allowing a maximum stay of 24 months in total.
2.more than 12 months then the period of stay in New Zealand granted by the temporary visa may be for the length of the couple’s intended stay, up to a maximum stay of 24 months.

In all cases the maximum total stay in New Zealand which may be granted under these instructions is 24 months. Applicants, particularly those who haven’t applied for residence under Partnership Category, wanting to stay longer than 24 months will need to provide evidence and information justifying why an exception to instructions ought to be considered.

Action

Please discuss with your team(s) and ensure they are aware of and act on the guidance provided above.