W3.5 Spouses and de facto partners of New Zealand citizens or residents (01/10/2001)

Spouses and de facto partners of New Zealand citizens or residents may be issued with a work visa and/or granted a work permit current for the length of their intended visit, up to a maximum of 2 years from their date of arrival, provided that:

1. they are in a genuine and stable relationship (see E4.5.1); and
2. the New Zealand spouse or de facto partner intends to be in New Zealand for the same period of time applied for by the applicant; and
3. the New Zealand spouse or de facto partner supports the application.

W3.5.1 Deferral of residence applications from spouses and de facto partners

Spouses and de facto partners of New Zealand citizens or residents, who have applied for residence and whose residence applications have been deferred, may be issued with a work visa or granted a work permit (once an application has been made) for a period sufficient to enable further assessment of their application after the 6-month deferral or qualifying period (see F2.15 and F3.15).

W3.5.5 Assessment of applicants who intend to apply for residence under spouse or de facto partner policy

1. Visa and immigration officers must consider whether the applicant intends to apply for residence in New Zealand under spouse or de facto partner policy, and if so, whether the New Zealand resident or citizen spouse or partner is able to sponsor an application under these policies within the 2 year validity of the permit.
2. If the New Zealand spouse or partner would not be able to sponsor a residence application under spouse or de facto partner policy within the validity of the permit, the application for the work visa or permit may be declined.

   Note: Applications for residence under spouse or de facto partner policy will not be approved if the New Zealand spouse or partner:

   1. has previously supported or sponsored more than one other successful principal applicant under spouse or de facto partner policy whose marriage or de facto relationship with the sponsor ended as a result of divorce or separation, or
   2. has supported or sponsored any other principal applicant under spouse or de facto partner policy in the five years immediately preceding the date the current application is made, whose marriage or de facto relationship with the sponsor ended as a result of divorce or separation, or
   3. was the perpetrator of an incident of domestic violence which has resulted in the grant of a residence permit to a person under the policy for victims of domestic violence (see S4.5).

      Note: A person is considered to be the perpetrator of an incident of domestic violence if they have been convicted in New Zealand of an offence of domestic violence against such a person or they were the subject of a complaint of domestic violence against such a person investigated by the New Zealand Police where the New Zealand Police are satisfied that such domestic violence has occurred (see S4.5.1).

W3.5.10 Evidential requirements for spouses and de facto partners

Visa and immigration officers must sight evidence:

1. of the applicant's spouse's or partner's New Zealand citizenship or New Zealand residence status; and
2. 1. (for spouses) of the applicant's marriage certificate, or
   2. (for de facto partners) that the applicant and partner have been living with their partner in a genuine and stable relationship (see E4.5.1) for at least 2 years immediately before the application is made (see E4.30); and
3. that the New Zealand spouse or partner supports the application in writing; and
4. of documents that confirm the relationship as genuine and stable; and
5. that the applicant and spouse or partner are intending to live in New Zealand for the same period of time.
6. If requested by an immigration or visa officer, applicants must also provide a written declaration from their New Zealand resident or citizen spouse or partner that they have not
   1. previously supported or sponsored more than one other successful principal applicant under spouse or de facto partner policy whose marriage or de facto relationship with the sponsor ended as a result of divorce or separation, or
   2. supported or sponsored any other successful principal applicant under spouse or de facto partner policy in the five years immediately preceding the date the current application is made, whose marriage or de facto relationship with the sponsor ended as a result of divorce or separation.

Effective 01/10/2001