Exceptions for non-principal applicants
If you were included in someone else's residence application you may be able to get a Permanent Resident Visa, a Second or Subsequent Resident Visa or extend your travel conditions before the principal applicant.
In most cases you as a non-principal applicant are not eligible to get a Permanent Resident Visa, a Second or Subsequent Resident Visa or extend your travel conditions before the principal applicant.
However, you may be eligible if you meet the following criteria.
Eligibility for partners of principal applicants
If you were the principal applicant’s partner when you were included in their residence application, you may be eligible for a variation of travel conditions or a new resident visa if one the following apply to you:
- You and the principal applicant have separated or divorced.
- You have a protection order against the principal applicant.
- The principal applicant has been convicted of an offence against you or a dependent child.
- The principal applicant died.
- The principal applicant is a New Zealand citizen now.
Evidence to support eligibility
You will need to provide evidence to support your eligibility, which may include:
- a certified copy of your divorce decree or dissolution order
- evidence of your separation
- a certified copy of your protection order
- evidence of a conviction for an offence against you or a dependent child
- a certified copy of a death certificate.
Eligibility for dependent children
If you were included as a dependent child in a residence application, your eligibility for a permanent resident visa, variation of travel conditions or new resident visa is the same as if you were still a dependent child.
If you are under 16 and parents are no longer together, we will assess your eligibility based on the parent who has custody of you.
If you are 16 or over, we will assess your eligibility based on the parent you live with. If you do not live with either of your parents, we will assess your eligibility based on the parent who was the principal applicant at the time your parents applied for residence.
If the parent who was the principal applicant dies or becomes a New Zealand citizen, we will assess your eligibility based on your other parent.
We can assess you in your own right if one of the following applies:
- Your other parent was not included in the application.
- Your other parent died or became a New Zealand citizen.
Evidence to support eligibility
If you want to have your application for a Permanent Resident Visa, variation of travel conditions or new resident visa based on the eligibility of a non-principal applicant, you have to supply evidence that supports your eligibility, for example custody arrangements.
Additional exceptions for non-principal applicants
You can be granted a permanent resident visa, even if the principal applicant does not have one if any of the following apply.
- You were granted a resident visa or permit before 30 October 1995.
- You lawfully arrived in New Zealand to live permanently before 2 April 1974 and held a residence permit under the Immigration Act 1987.
- The principal applicant in your residence application was killed in the Christchurch terrorist attacks on 15 March 2019.