E4.5 Partners and dependent children of student or...

E4.5 Partners and dependent children of student or work visa or permit holders

1. Partners of student or work visa or permit holders may be issued with temporary visas or granted temporary permits of a type appropriate to their needs for the currency of their partner's visa or permit as specified in:
   1. Family Stream Work Policy (see WF); or
   2. Student policy for dependants (see U8); or
   3. Visitor policy for dependants (see V3.10).
2. To be eligible for a temporary visa or permit, partners must prove to the satisfaction of a visa or immigration officer that:
   1. they are living together with their partner in a genuine and stable partnership; and
   2. they comply with the minimum requirements for recognition of partnerships (see E4.1.10 and F2.15); and
   3. their partner supports the application; and
   4. their partner meets the character requirements for partners supporting 'partnership-based temporary entry applications' set out at E7.45.
3. In each case the onus of proving that a partnership is genuine and stable lies with the couple involved.
4. Dependent children of student or work visa or permit holders may be issued with temporary visas or granted temporary permits of a type appropriate to their needs for the duration of the parent's visa or permit as specified in:
   1. Student policy for dependants (see U8); or
   2. Visitor policy for dependants (see V3.10).
5. Partners of NZAID students, require NZAID’s written approval to be granted a work permit.

E4.5.1 Definition of 'genuine and stable relationship'

1. A genuine and stable partnership is a partnership that the visa or immigration officer is satisfied:
   1. is genuine, because it has been entered into with the intention of being maintained on a long-term and exclusive basis, and
   2. is likely to endure.

E4.5.5 Evidential requirements

1. If a partner or dependent child is included in an application, or is applying in their own right as the partner or dependent child of a student or work visa or permit holder (see E4.5 above), evidence of their relationship to the principal applicant or student or work visa or permit holder must be provided in the following forms:
   1. for partners,
      • evidence of their relationship with their partner, and
      • evidence that demonstrates they are living together with that partner in a genuine and stable partnership at the time their application is made. (F2.20 sets out the types of evidence that are required), or
   2. for a dependent child, one of the following documents:
      • the original birth certificate showing the names of the parent(s), or
      • original adoption papers showing that the child has been legally adopted by the principal applicant or partner or student or work visa or permit holder, or
      • in the case of a child adopted by custom, a declaration by the adoptive parent(s) separate from, and in addition to, any similar declaration made on an application form. (The declaration must state that the child has been adopted by the principal applicant and/or partner included in the application or a parent holding a student or work visa or permit, as well as the date of the adoption, and the country in which the adoption took place.)
2. Before issuing a temporary visa or granting a temporary permit to a partner and dependent children of a work visa or permit holder, visa and immigration officers must sight evidence that the work visa or permit holder has been:
   1. issued with a work visa or granted a work permit, or
   2. is eligible to be issued with a work visa or granted a work permit.
3. Before issuing a temporary visa or granting a temporary permit to a partner and dependent children of a student visa or permit holder, visa and immigration officers must sight evidence that the student visa or permit holder has been:
   1. issued with a student visa or granted a student permit, or
   2. is eligible to be issued with a student visa or granted a student 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 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).

Effective 05/11/2007