F3.1 How does a de facto partner qualify for residence? (26/07/1999)

1. A de facto partner (in either a heterosexual or same sex relationship) of a New Zealand citizen or resident meets de facto partner policy if he or she has a de facto relationship with a New Zealand partner and the couple is living together in a genuine and stable relationship.
2. The couple must also have been living together in a genuine and stable relationship for at least 2 years immediately before the application is assessed.
3. In each case, the New Zealand de facto partner must support the application and, if requested by the NZIS, agree in writing that he or she will give financial support for the first 24 months of residence.
4. Applicants under de facto partner policy must meet health and character requirements policy (see A4 and A5).

F3.1.1 Definition of 'genuine and stable relationship'

1. A genuine and stable relationship is a relationship that the visa or immigration officer determines:
   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 stable, because it is likely to endure.
2. If officers are unable to determine whether the relationship was entered into with the intention of maintaining it on a long-term and exclusive basis, they should accept it as genuine, unless there is evidence to the contrary.

F3.1.5 Assessment of periods of separation

1. If a principal applicant and their partner have lived apart for periods during the 2-year qualifying period, the application should not automatically be declined. Instead, visa and immigration officers should determine whether there are genuine and compelling reasons for any period(s) of separation.
2. Determining whether there are genuine and compelling reasons will depend on the circumstances in each case, and may require consideration of:
   • either partner's family, education or employment commitments;
   • the duration of the relationship and the length of time the couple has spent apart;
   • the extent to which the couple has made efforts to be together during the time apart.

F3.1.10 Definition of 'New Zealand resident'

New Zealand resident means a person who holds:

1. a current New Zealand residence permit or current New Zealand returning resident's visa, or
2. a valid Australian passport.

Effective 26/07/1999