X4.5 'Principal' and 'non-principal applicants'

1. Under returning residents' visa policy, 'principal applicant' means the principal applicant of the original residence application.
2. 'Non-principal applicants' means the non-principal applicants included in that application.
3. A non-principal applicant's RRV will be made current for the same period as that of the principal applicant, except where specific policy provisions refer to 'applicants' (see X5.5, X5.10 and X5.15, X7.5(c)).
4. If a non-principal applicant applies for an RRV, and the principal applicant:
   1. does not lodge an application, or
   2. is declined an RRV, or
   3. does not hold an RRV,

   then, unless X4.5.1 Partner of the principal applicant) applies, the application will only be considered under the provisions of X4.35 (second and subsequent returning residents' visas – 14 days) and X7.5 (declining applications).

5. If a non-principal applicant applies for an RRV, and the principal applicant is now a New Zealand citizen then the non-principal applicant may be issued an RRV current for an indefinite period.

X4.5.1 Partner of the principal applicant

1. The partner of the principal applicant is eligible to be considered in their own right under RRV policy, if the following events occur:
   1. the principal applicant dies; or
   2. the partner and the principal applicant become divorced; or
   3. the partner is granted a non-molestation order against the principal applicant; or
   4. the principal applicant is convicted of an offence against the person of the partner or of a dependent child.
2. If a partner was included in an application on the basis of being in an interdependent partnership akin to a marriage with the principal applicant, and they separate, then visa officers may, on a case by case basis, consider such partners in their own right under RRV policy.

X4.5.5 Dependent children

In the case of divorce, or separation as described in X4.5.1 b. above, any dependent children will be considered as dependants of whichever parent has legal right of custody (see R2.1.45).

X4.5.10 Non-dependent children

1. Non-dependent children are those outside the definition for dependent children.
2. Non-dependent children will be treated as though they are dependants of whichever parent they are living with at the time of applying.
3. Non-dependent children who are not living with either parent at the time of applying will be considered for the issue of an RRV on the basis of the principal applicant's eligibility for an RRV.

Effective 29/09/2003