W3.10 People entering New Zealand for the purpose of... (01/10/2001)

W3.10 People entering New Zealand for the purpose of marriage wishing to work

1. People intending to marry New Zealand citizens or residents in New Zealand who wish to work may be issued with a work visa authorising a permit for a maximum stay of 9 months from their date of arrival, provided that:
   1. the couple genuinely intends to marry within 9 months of the applicant's arrival in New Zealand, and
   2. it is intended that the marriage will be maintained on a long term and exclusive basis, and
   3. the New Zealand resident or citizen they intend to marry expects to be in New Zealand for the same period of time applied for by the applicant, and
   4. the New Zealand resident or citizen they intend to marry supports the application, and
   5. there is no legal impediment to the intended marriage.
2. If the initial permit is current for less than 9 months, a further permit may be granted for up to 9 months from the date of arrival in New Zealand.
3. If applicants are already in New Zealand when applying, the permit will be current for a maximum of 9 months from their date of arrival in New Zealand.

   Note: The applicant does not require an outward ticket if the New Zealand citizen or resident they intend to marry or another New Zealand citizen or resident formally sponsors the applicant using the relevant NZIS sponsorship form, and if this sponsorship includes a guarantee of repatriation.

4. Applicants whose initial permit is current for less than 9 months:
   1. must apply for a further permit before the initial permit expires, and
   2. are eligible for a maximum stay of only 9 months from the date of their arrival in New Zealand, unless they apply for residence after their marriage.

W3.10.1 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 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 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, 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).

W3.10.5 Evidence for people intending to marry New Zealand citizens or residents

1. Visa or immigration officers must establish (through interview and/or documentary evidence), and be satisfied that:
   1. there is a genuine intent to marry and that it is intended the marriage be maintained on a long term and exclusive basis, and
   2. the person the applicant intends to marry in New Zealand is a New Zealand citizen or resident, and
   3. the couple intend to marry within 9 months of the applicant’s arrival in New Zealand, and
   4. the applicant has provided evidence of support in writing from the New Zealand citizen or resident they intend to marry, and
   5. in the event the marriage does not take place the applicant will leave New Zealand.
2. Evidence that there is genuine intent to marry may include, but is not limited to original or certified documents showing:
   • evidence of communication between the couple
   • photos of the couple together
   • documents indicating public recognition of the relationship
3. If the parties to the proposed marriage have not met and/or have had no or only limited direct contact with each other the application should not automatically be declined. Instead visa and immigration officers should take into account whether or not such lack of contact is consistent with the cultural background of the parties to the proposed marriage. In such cases applicants may be able to demonstrate that there is genuine intent to marry in New Zealand by supplying evidence of any specific arrangements and/or ceremonies which have been carried out. Such evidence may include but is not limited to:
   • communication between the parents of the couple and/or a person acting as a go-between or matchmaker
   • other documents indicating public recognition of the arrangement and/or ceremony
   • confirmation from independent sources that such arrangements and/or ceremonies are in accordance with the cultural custom of the parties concerned
4. 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