E4.1 Who may be included in an application (29/11/2010)

See also Immigration (Visa, Entry Permission, and Related Matters) Regulations 2010 reg 20

1. Each principal applicant must lodge a separate application.
2. The partner of a principal applicant, and dependent children less than 20 years old, may be included in an application for a:
   1. visitor visa if intending to travel to and be in New Zealand together; or
   2. limited visa in certain circumstances (see L4.5.1); or
   3. transit visa if intending to transit through New Zealand together.
3. For the purpose of inclusion in an application, a partner is a person who meets the definition of partner in E4.1.20 below. Those who do not meet this definition must apply for a temporary entry class visa in their own right.
4. Persons applying for a student, work, diplomatic or military visa must lodge a separate application. Partners and dependent children of student, work, diplomatic or military visa applicants must lodge a separate application for a temporary entry class visa appropriate to their needs (see E4.5).

   Example: a dependent child intending to attend school in New Zealand must apply for a student visa.

5. For the purpose of lodging an application, 'children of the principal applicant' means biological or adopted children of the principal applicant and/or the principal applicant's partner (if the partner is included in the application).
6. Evidence of the relationship of each applicant to the principal applicant must be given with the application.
7. The requirements in relation to the application (including any that an immigration officer may require an applicant to meet before determining an application) must be met in relation to the principal applicant and each applicant, except that any applicant less then 18 years old is not required to sign the application.

E4.1.1 Who may not be included in an application

See also Immigration (Visa, Entry Permission, and Related Matters) Regulations 2010, reg 20

Unless otherwise specified, the following people may not be included in a temporary entry class visa application:

1. any child aged 20 and over (whether dependent or not), and
2. any child aged 19 and under who is not a dependent child.

E4.1.5 Definition of 'principal applicant'

1. For visitor visa and transit visa applications the principal applicant is the person who is declared to be the principal applicant on that application.
2. For a work, student, diplmatic or military visa application, the principal applicant is the person applying for the work, student or military visa.
3. For a limited visa the principal applicant is identified as follows:
   1. the principal applicant is the person who is declared to be the principal applicant on that application; or
   2. for applications for a limited visa to be granted for the purpose of study, the principal applicant is the person whose express purpose is study; or
   3. if the express purpose of one or more persons in an application is to accompany another person also in the application, the principal applicant must be that other person; or
   4. if two or more persons in an application share the same express purpose and that express purpose does not depend on the express purpose of any other person also in the application, the principal applicant may be any one of those two or more persons.

      Example: a husband and wife, both doctors, wish to attend a medical conference in New Zealand. Their dependent child is to accompany them. Either the husband or the wife may be the principal applicant.

4. When an application is assessed, all persons included in the application will be assessed against relevant instructions.

E4.1.10 Definition of 'dependent child'

See also Immigration (Visa, Entry Permission, and Related Matters) Regulations 2010, reg 20

1. For the purpose of lodging an application, and despite the definition in section 4 of the Immigration Act 2009, a child is dependent if:
   1. they are under 18 years of age; and
      • they are single; and
      • (if included in an application for a visitor visa, limited visa or transit visa) they are totally or substantially reliant on the principal applicant and/or the principal applicant's partner for financial support, whether living with them or not; or
      • (if applying for a temporary entry class visa under E4.5) they are totally or substantially reliant on that student, work or military visa holder for financial support.
   2. they are aged 18 or 19 years; and
      • they are single with no child(ren) of their own; and
      • (if included in an application for a visitor visa, limited visa or transit visa), they are totally or substantially reliant on the principal applicant and/or the principal applicant's partner for financial support, whether living with them or not; or
      • (if applying for a temporary entry class visa under E4.5) they are totally or substantially reliant on that student, work or military visa holder for financial support.
2. An unmarried child under 18 years of age is presumed to be dependent unless there is evidence to the contrary.
3. For children aged 18 or 19 years of age, evidence of actual dependence may be required.

E4.1.15 Custody of children under the age of 16 years

1. If an applicant is applying for a visa to enter New Zealand for the purpose of marriage to a New Zealand citizen or residence class visa holder (see V3.35), or for any temporary entry class visa with the intention of remaining in New Zealand for a period of 12 months or more and:
   1. a child under the age of 16 years is included in their application; or
   2. a child under the age of 16 years is applying for a different type of visa in order to accompany that parent as provided by E4.5; and
   3. that child's other parent is not included in the application or accompanying the child to New Zealand,

   immigration officers must be satisfied that the applicant parent has the right to remove the child from its country of residence or from the country in which rights of custody or visitation have been granted, or that the other parent consents to such removal.

2. Evidence of the right to remove the child from its country of residence, or from the country in which rights of custody or visitation have been granted includes, but is not limited to, legal documents showing that the applicant or accompanying parent has sole custody of the child and the other parent has no visitation rights, and/or a signed statement from the other parent, witnessed in accordance with local practice or law, agreeing to allow the child to remain in New Zealand for their period of intended stay if their entry is approved.

E4.1.20 Definition of 'partner'

See also Immigration (Visa, Entry Permission, and Related Matters) Regulations 2010, reg 4, reg 20

1. For the purpose of inclusion in an application, or where a person otherwise relies on such a relationship for the purpose of obtaining a temporary entry class visa, 'partner' means:
   1. a person who is legally married to; or
   2. a person who is in a civil union relationship (whether opposite or same sex) with; or
   3. a person who is in a de facto relationship, (whether opposite or same sex) with
      • a principal applicant in an application for a temporary entry class visa; or
      • a person who is a New Zealand citizen or residence class visa holder; or
      • a person who is an applicant for, or the holder of a student, work, or military visa; and
   4. they are in a genuine and stable partnership (see E4.5.1).
2. Despite the definition of partner contained in regulation 4 of the Immigration (Visa, Entry Permission, and Related Matters) Regulations 2010, references to 'partner' in temporary entry instructions mean 'partner' as defined in (a) above.

E4.1.25 Eligibility of partners in polygamous relationships

In the case of polygamous partnerships (as an exception to the exclusivity requirement which forms part of the definition of a genuine and stable partnership (see E4.5.1)) only one partner will be eligible for a temporary entry class visa on the basis of their partnership with a person described in E4.1.20(a)(i-iii).

E4.1.30 Eligibility of partners and children for temporary entry class visas

1. Any person whose eligibility for a temporary entry class visa is reliant solely on being the partner of:
   1. a principal applicant in an application for a temporary entry class visa; or
   2. a person who is a New Zealand citizen or residence class visa holder; or
   3. a person who is an applicant for, or the holder of a student or work visa;

   may only be granted a temporary entry class visa if an immigration officer is satisfied:

   • they are living together in a genuine and stable partnership (see E4.5.1); and
   • they comply with the minimum requirements for recognition of partnerships (see F2.15); and
   • their partner supports the application; and
   • their partner meets the character requirements for partners supporting 'partnership-based temporary entry class visa applications' set out at E7.45.
2. In each case the onus of proving that a partnership is genuine and stable lies with the couple involved.
3. For the purposes of these instructions a partnership meets the minimum requirements for recognition of partnerships if an immigration officer is satisfied:
   1. the couple were both aged 18 years or older at the time the application for a temporary entry class visa was made, or if aged 16 or 17 years old have their parent'(s) or guardian'(s) support for the application being lodged; and
   2. the couple have met prior to the application being made; and
   3. they are not close relatives (see F2.15(d)).
4. Any dependent child whose eligibility for a temporary entry class visa is reliant solely on being the dependent child of:
   1. a non-principal applicant partner included in an application (i.e. they are not a dependent child of the principal applicant); or
   2. a partner whose eligibility for a temporary entry class visa is reliant on their relationship with another person;

   may only be granted a temporary entry class visa if their parent is granted a temporary entry class visa.

5. Where a person is applying for a temporary entry class visa on the basis of their partner's immigration status, the partner who:
   1. is a New Zealand citizen or residence class visa holder; or
   2. has been approved for the grant of, or is the holder of, a temporary entry class visa

   must complete the Form for Partners Supporting Partnership-based Temporary Entry Applications (INZ 1146).

6. Any person whose eligibility for a temporary entry class visa is reliant solely on being the partner of a person who is an applicant for, or the holder of a military visa, may only be granted a temporary entry class visa if an immigration officer is satisfied that the requirements at WI8, V3.125 or U8.15 are met.

Effective 29/11/2010