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F2.10 Definitions

F2.10.1 Definition of 'genuine and stable' partnership

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 a residence class visa application under the Partnership Category’

  1. For a New Zealand partner (F2.10.2) to be eligible to support a residence class visa application under the Partnership Category they:
    1. must not have acted as a partner in more than one previous successful residence class visa application (see (b) below); and
    2. must not have acted as a partner in a successful application for a residence class visa in the five years immediately preceding the date the current application is made; and
    3. the New Zealand partner cannot have been the perpetrator of an incident of family violence which has resulted in the grant of a resident visa to a person under the category for victims of family violence (see S4.5); and
    4. must meet the character requirement for partners supporting applications made under the Partnership Category as set out in R5.95
    5. must not be liable for deportation, or be a person whose deportation liability has been suspended;.
  2. A New Zealand partner is considered to have acted as a partner if they previously:
    1. supported a successful Partnership Category application for a residence class visa; or
    2. were the principal applicant in a successful Partnership Category application for a residence class visa; or
    3. were the principal applicant in a successful application for a residence class visa that included a secondary applicant partner, excluding residence class visa applications made under RV After the grant of a resident visa; or
    4. were a secondary applicant partner in a successful application for a residence class visa, excluding residence class visa applications made under RV After the grant of a resident visa.

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 23/12/2019

IN THIS SECTION

F2.1 Objective

F2.5 How do partners of New Zealand citizens and residents qualify for a residence class visa?

F2.15 Minimum requirements for the recognition of partnerships

F2.20 Evidence

F2.25 Verification

F2.30 Determining if the couple is living together in a partnership that is genuine and stable

F2.35 Deferring the final decision if the partnership is genuine and stable but less than 12 months duration (to 08/05/2017)

F2.40 General rules

PREVIOUS IMMIGRATION INSTRUCTIONS

F2.10 Definitions (29/05/2017)

F2.10 Definitions (08/05/2017)

F2.10 Definitions (01/04/2014)

F2.10 Definitions (02/12/2013)

F2.10 Definitions (08/04/2013)

F2.10 Definitions (29/11/2010)

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