F2.20 Evidence

Immigration Act 1987 s 13B(3)(e)

1. Evidence supporting an application under Partnership policy for New Zealand residence should include as much information and as many documents as are necessary to show that:
   1. the principal applicant’s partner:
      • is a New Zealand citizen or resident (see F2.10.5), and
      • supports their application for residence under Partnership policy, and
      • is an eligible sponsor, and
   2. the principal applicant and their New Zealand citizen or resident partner are living together in a partnership that is genuine and stable.
2. Factors that have a bearing on whether two people are living together in a partnership that is genuine and stable include but are not limited to:
   1. the duration of the parties relationship;
   2. the existence, nature, and extent of the parties’ common residence;
   3. the degree of financial dependence or interdependence, and any arrangements for financial support, between the parties;
   4. the common ownership, use, and acquisition of property by the parties;
   5. the degree of commitment of the parties to a shared life;
   6. children of the partnership, including the common care and support of such children by the parties;
   7. the performance of common household duties by the partners; and
   8. the reputation and public aspects of the relationship.
3. The items listed in F2.20.1 to F2.20.15 below are examples of relevant evidence; other documents may also be relevant.

F2.20.1 Evidence that partner is New Zealand citizen or resident

1. Evidence that a partner is a New Zealand citizen may include but is not limited to original or certified copies of:
   1. a valid New Zealand passport, or
   2. a Certificate of New Zealand Citizenship, or
   3. a recent official statement of citizenship from the Department of Internal Affairs, or
   4. a New Zealand birth certificate.
2. Evidence that a partner is a New Zealand resident may include but is not limited to original or certified copies of:
   1. a current residence permit, or
   2. a current New Zealand returning resident's visa, or
   3. a valid Australian passport.

F2.20.5 Evidence that New Zealand is the primary place of established residence

1. Evidence that New Zealand is the sponsor's primary place of established residence may include but is not limited to original or certified copies of:
   • correspondence addressed to the sponsor
   • employment records
   • records of benefit payments from the Ministry of Social Development
   • banking records
   • rates demands
   • Inland Revenue Department records
   • mortgage documents
   • tenancy and utility supply agreements
   • documents showing that the sponsor's household effects have been moved to New Zealand.
2. The presence or absence of any of the documents listed above is not determinative. Each case will be decided on the basis of all the evidence provided.

F2.20.10 Evidence of sponsorship and support by New Zealand citizen or resident partner

A principal applicant must provide a Sponsorship Form for Residence in New Zealand which:

1. confirms that the sponsor is a New Zealand citizen or resident; and
2. confirms support for the application, and
3. includes a declaration that the sponsor:
   1. is an eligible sponsor (see F2.10.10), and
   2. is in a partnership with the principal applicant that meets the minimum requirements for recognition of partnerships (see F2.15).

F2.20.15 Evidence of living together in partnership that is genuine and stable

1. Evidence that the principal applicant and partner are living together may include but is not limited to original or certified copies of documents showing shared accommodation such as:
   1. joint ownership of residential property
   2. joint tenancy agreement or rent book or rental receipts
   3. correspondence (including postmarked envelopes) addressed to both principal applicant and partner at the same address.
2. If a couple has been living separately for any period during their partnership, they should provide evidence of the length of the periods of separation, the reasons for them, and how their relationship was maintained during the periods of separation, such as letters, itemised telephone accounts or e-mail messages.
3. Evidence about whether the partnership is genuine and stable may include but is not limited to, original or certified copies of documents and any other information such as:
   1. a marriage certificate for the parties;
   2. a civil union certificate for the parties;
   3. birth certificates of any children of the parties;
   4. evidence of communication between the parties;
   5. photographs of the parties together;
   6. documents indicating public recognition of the partnership;
   7. evidence of the parties being committed to each other both emotionally and exclusively such as evidence of:
      • joint decision making and plans together
      • sharing of parental obligations
      • sharing of household activities
      • sharing of companionship/spare time
      • sharing of leisure and social activities
      • presentation by the parties to outsiders as a couple.
   8. evidence of being financially interdependent such as evidence of
      • shared income
      • joint bank accounts operated reasonably frequently over a reasonable time
      • joint assets
      • joint liabilities such as loans or credit to purchase real estate, cars, major home appliances
      • joint utilities accounts (electricity, gas, water, telephone)
      • mutually agreed financial arrangements.
4. The presence or absence of any of the documents, information or evidence listed above is not determinative. Each case will be decided on the basis of all the evidence provided. Evidence about these matters may also be obtained at interview and can be considered up until the date of final decision.

Effective 28/11/2005