F2.10 Definitions (29/11/2010)

F2.10.1 Definition of 'genuine and stable' partnership

1. A partnership is genuine and stable if an immigration officer is satisfied that it:
   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.

F2.10.2 Definition of the ‘New Zealand partner’

For the purposes of the Partnership Category, the New Zealand partner is the New Zealand citizen or resident who is supporting an application for a residence class visa made by their non-New Zealand citizen or resident partner.

F2.10.5 Definition of 'New Zealand resident' for the purposes of partnership category

1. New Zealand resident means a person who:
   1. holds, or is deemed to hold, a current New Zealand residence class visa; or
   2. holds a valid Australian passport.
2. Despite (a) above, the following people are defined as New Zealand residents for the purposes of Partnership Category only where an immigration officer is satisfied that New Zealand is their primary place of established residence at the time the application under Partnership is made and at the time of assessment of the application:
   1. holders of valid Australian passports who do not hold a current New Zealand residence class visa;
   2. holders of current New Zealand residence class visas that have been granted on the basis that the person is the holder of a current Australian permanent residence visa, or a current Australian resident return visa.
3. Where (b) applies, evidence must be provided that the eligible New Zealand partner’s primary place of established residence is New Zealand. The evidential requirements are set out at F2.20.5.

F2.10.10 Definition of ‘eligible to support an application for a residence class visa’ for the purposes of Partnership Category

1. To be eligible to support an application for a residence class visa under the Partnership Category, the New Zealand partner must:
   1. meet the character requirement for partners supporting applications made under the Partnership Category as set out at R5.95; and
   2. have not previously supported more than one other successful principal applicant under Partnership Category; and
   3. have not supported any other successful principal applicant under Partnership Category in the five years immediately preceding the date the current application is made; and
   4. not, in the seven years prior to the date the application is made, have been the perpetrator of an incident of domestic violence which has resulted in the grant of a resident visa to a person under the category for victims of domestic violence (see S4.5).
2. If the New Zealand partner was previously a successful principal applicant under Partnership Category then they will be considered to be eligible only if:
   1. at least five years have elapsed since the date he or she was granted residence under the Partnership Category at the time the current application is made; and
   2. he or she has not supported any other successful principal applicant under the Partnership Category.

Note:
~ Applications under Partnership Category include applications made under the Family Category Spouse and De facto partner policy in force before Partnership Category took effect.

Effective 29/11/2010