F2.1 How does a spouse qualify for residence? (26/07/1999)

1. A spouse of a New Zealand citizen or resident meets spouse policy if he or she is married to a New Zealand spouse and the couple is living together in a genuine and stable marriage.
2. In each case, the New Zealand spouse must support the application and, if requested by the NZIS, provide agreement that he or she will give financial support for the first 24 months of residence.
3. A person who is applying for residence on the basis of marriage to a New Zealand citizen or resident will not be approved if he or she or the New Zealand citizen or resident partner is already married to another person.
4. Applicants under spouse policy must meet health and character requirements policy (see A4 and A5).

F2.1.1 Definition of 'genuine and stable marriage'

1. A genuine and stable marriage is a marriage 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 marriage 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.

F2.1.5 Assessment of periods of separation

1. If a principal applicant and their spouse have lived apart for periods during their marriage, 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 spouse's family, education or employment commitments;
   • the duration of the marriage 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.

F2.1.10 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