E4.1 Who may be included in an application

Immigration Regulations 1999 reg 20

1. Each principal applicant must lodge a separate application.
2. The partner of a principal applicant, and dependent children aged 19 or younger, may be included on applications for:
   1. visitors' permits, and
   2. visitors' visas and transit visas if intending to travel together.
3. For the purpose of inclusion in an application, a partner is a person who meets the definition of partner in E4.1.10 below. Partners who do not meet this definition must apply for temporary visas or permits in their own right.
4. Persons applying for a student or work visa or permit must lodge a separate application. Partners and dependent children of student or work visa or permit applicants must lodge a separate application for a temporary visa or permit appropriate to their needs (see E4.5).

   Example: a dependent child intending to attend school in New Zealand must apply for a student visa or permit.

5. For the purpose of lodging an application, 'children of the principal applicant' means biological or adopted children of the principal applicant and/or the principal applicant's partner (if the partner is included in the application).

E4.1.1 Definition of 'principal applicant'

1. For temporary entry applications the principal applicant is identified as follows:
   1. for a visitor's visa, visitor's permit or a transit visa application, the principal applicant is the person who is declared to be the principal applicant on that application; or
   2. for work or student visa or permit applications, the principal applicant is the person applying for the work or student visa or permit.
2. When the application is assessed, all persons included in the application will be assessed against the policy criteria, unless policy indicates otherwise.

E4.1.5 Definition of 'dependent child'

Immigration Regulations 1999 reg 20

1. For the purpose of lodging an application, and despite the definition in section 2 of the Immigration Act 1987, a child is dependent if:
   1. they are aged 17 to 19; and
      • they are single with no child(ren) of their own; and
      • (if included in an application for a visitor's visa or visitor's permit or transit visa), they are totally or substantially reliant on the principal applicant and/or the principal applicant's partner for financial support, whether living with them or not; or
      • (if applying for a temporary visa or permit under E4.5) they are totally or substantially reliant on that student or work visa or permit holder for financial support; or
   2. they are aged 16 or younger; and
      • they are single; and
      • (if included in an application for a visitor's visa or visitor's permit or transit visa) they are totally or substantially reliant on the principal applicant and/or the principal applicant's partner for financial support, whether living with them or not; or
      • (if applying for a temporary visa or permit under E4.5) they are totally or substantially reliant on that student or work visa or permit holder for financial support.
2. An unmarried child up to 17 years of age is presumed to be dependent unless there is evidence to the contrary.
3. For children aged 17-19 years of age, evidence of actual dependence may be required.

E4.1.10 Definition of 'partner'

Immigration Regulations 1999 reg 20

1. For the purpose of inclusion in an application, or where a person otherwise relies on such a relationship for the purpose of obtaining a temporary visa or permit, 'partner' means:
   1. a person who is legally married to, or
   2. a person who is in a civil union relationship (whether opposite or same sex) with, or
   3. a person who is in a de facto relationship, (whether opposite or same sex) with,
      • a principal applicant in an application for a temporary visa or permit, or
      • a person who is a New Zealand citizen or resident, or
      • a person who is an applicant for, or the holder of a student or work visa or permit.
2. References to 'partner' in temporary entry policy means 'partner' as defined in (a) above.

E4.1.15 Eligibility of partners and children for temporary visas or permits

1. Any person whose eligibility for a temporary visa or permit is reliant solely on being the partner of:
   1. a principal applicant in an application for a temporary visa or permit, or
   2. a person who is a New Zealand citizen or resident, or
   3. a person who is an applicant for, or the holder of a student or work visa or permit,

   may only be issued with a temporary visa or granted a temporary permit if a visa or immigration officer is satisfied:

   • they are living together in a genuine and stable partnership; and
   • they comply with the minimum requirements for recognition of partnerships (see F2.15); and
   • their partner supports the application; and
   • their partner meets the character requirements for partners supporting 'partnership-based temporary entry applications' set out at E7.45.
2. For the purposes of this policy a partnership meets the minimum requirements for recognition of partnerships if a visa or immigration officer is satisfied:
   1. the couple were both aged 18 years or older at the time the application for a temporary visa or permit was made, or if aged 16 or 17 years old have their parent(s), guardian(s), support for the application being lodged, and
   2. the couple have met prior to the application being made, and
   3. they are not close relatives (see F2.15(d).).
3. Any dependent child whose eligibility for a temporary visa or permit is reliant solely on being the dependent child of:
   1. a non principal applicant partner included in an application (i.e. they are not a dependent child of the principal applicant), or
   2. a partner whose eligibility for a temporary permit or visa is reliant on their relationship with another person,

   may only be issued with a temporary visa or granted a temporary permit if their parent partner is issued with a temporary visa or granted a temporary permit.

4. Where a person is applying for a temporary visa or permit on the basis of their partner's immigration status, the partner who:
   1. is a New Zealand citizen or resident; or
   2. has been approved for the grant of, or is the holder of, the temporary visa or permit

   must complete the Form for partners supporting partnership-based temporary entry applications (INZ 1146).

E4.1.20 Eligibility of partners in polygamous relationships

1. In the case of polygamous partnerships (as an exception to the exclusivity requirement which forms part of the definition of a genuine and stable partnership (see F2.10)) only one partner will be eligible for a temporary visa or permit on the basis of their partnership with a person described in E4.1.15a i-iii above.

E4.1.25 Custody of children under the age of 16 years

1. If an applicant is applying for a visa to enter New Zealand for the purpose of marriage (see V3.35), or for any temporary visa/permit with the intention of remaining in New Zealand for a period of 12 months or more and:
   1. a child under the age of 16 years is included in their application, or
   2. a child under the age of 16 years is applying for a different type of visa or permit in order to accompany that parent as provided by E4.5, and
   3. that child’s other parent is not included in the application or accompanying the child to New Zealand,

   immigration and visa officers must be satisfied that the applicant parent has the right to remove the child from its country of residence or from the country in which rights of custody or visitation have been granted, or that the other parent consents to such removal.

2. Evidence of the right to remove the child from its country of residence, or from the country in which rights of custody or visitation have been granted includes, but is not limited to, legal documents showing that the applicant or accompanying parent has sole custody of the child and the other parent has no visitation rights, and/or a signed statement from the other parent, witnessed in accordance with local practice or law, agreeing to allow the child to remain in New Zealand for their period of intended stay if their entry is approved.

Effective 05/11/2007