Previous Topic

Next Topic

E4.5 Temporary entry class visa for partners and dependent children

E4.5.1 Eligibility of dependent children for temporary entry class visas

  1. A dependent child (see E4.1.10) may be eligible for a temporary entry class visa if their parent is:
    1. a principal applicant in an application for a temporary entry class visa; or
    2. a non-principal applicant partner included in an application (i.e. they are not a dependent child of the principal applicant); or
    3. a New Zealand citizen or residence class visa holder.
  2. A dependent child may be granted a temporary entry class visa of a type appropriate to their needs as specified in:
    1. Student instructions for dependants (see U8); or
    2. Visitor instructions for dependants (see V3.10V3.20 and V3.125).
  3. Where the parent is an applicant for a temporary entry class visa, a dependent child may only be granted a temporary entry class visa if their parent’s application is approved.
  4. A dependent child will not normally be granted a temporary visa on the basis of their relationship with a parent who is liable for deportation, or currently has their deportation liability suspended.
  5. Despite (d) above, a further temporary visa can be granted to a dependent child on the basis of their relationship with a parent who currently has their deportation liability suspended, if that child already held a temporary visa on the basis of that relationship at the time the parent became liable for deportation.

E4.5.5 Eligibility of partners for temporary entry class visas

  1. A person may be eligible for a temporary entry class visa on the basis of being the partner (see E4.1.20) 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, work or military visa.
  2. A person applying as a partner may be granted a temporary entry class visa of a type appropriate to their needs as specified in:
    1. Family Stream Work instructions (see WF); or
    2. Student instructions for dependants (see U8); or
    3. Visitor instructions for dependants (see V3.10V3.15 and V3.125); or
    4. Special work visas for partners of holders of military visas (see WI8).
  3. A partner may only be granted a temporary entry class visa, if an immigration officer is satisfied that:
    1. they are living together with their partner in a genuine and stable partnership (see E4.5.25 and E4.5.30); and
    2. they comply with the minimum requirements for recognition of partnerships (see E4.5.15 and F2.15); and
    3. their partner supports the application; and
    4. their partner meets the character requirements for partners supporting 'partnership-based temporary entry applications' set out at E7.45; and
    5. if their partner is a New Zealand citizen or residence class visa holder, their partner will be eligible to support a partnership-based residence class visa application within 12 months of the grant of the visa (see F2.10.10).
  4. In each case the onus of proving that a partnership is genuine and stable lies with the couple involved.
  5. A person will not normally be granted a temporary visa on the basis of their relationship with a partner who is liable for deportation, or currently has their deportation liability suspended.
  6. Despite (c) and (e) above, a further temporary can be granted to a person on the basis of their relationship with a partner who currently has their deportation liability suspended, if that person already held a temporary visa on the basis of that relationship at the time their partner became liable for deportation.

E4.5.10 Evidential requirements for dependent children

If dependent children are included in an application, or are applying in their own right as the dependent child of a temporary entry class visa holder, New Zealand citizen, or residence class visa holder, evidence of their relationship to the parent must be provided in the following form:

  1. the original birth certificate showing the names of the parent(s); or
  2. original adoption papers showing that the child has been legally adopted (see R3.5.1) by the principal applicant or partner, or temporary entry class visa holder, New Zealand citizen, or residence class visa holder; or
  3. in the case of a child adopted by custom, a declaration by the adoptive parent(s) separate from, and in addition to, any similar declaration made on an application form. (The declaration must state that the child has been adopted by the adoptive parent(s), as well as the date of the adoption, and the country in which the adoption took place.)

E4.5.15 Minimum requirements for recognition of partnerships

For the purposes of these instructions, a partnership meets the minimum requirements for recognition of partnerships if an immigration officer is satisfied that:

  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)).

E4.5.20 Evidential requirements for partners

  1. If a partner is included in an application, or is applying in their own right as the partner of a temporary entry class visa holder, a New Zealand citizen, or residence class visa holder, the following must be provided:
    1. evidence of their relationship, and
    2. evidence that demonstrates they are living together with that partner in a genuine and stable relationship (E4.5.35 sets out the types of evidence that are required).
  2. Where a person is applying for a temporary entry class visa on the basis of partnership, their partner must provide a completed Form for Partners Supporting Partnership-based Temporary Entry Applications (INZ 1146).
  3. Despite (a) above for the purposes of visitor visa instructions, where an application includes a partner as a secondary applicant, a declaration from both parties may be accepted as evidence that they are living together in a genuine and stable partnership (see E4.5.35(b)).

E4.5.25 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.

E4.5.30 Definition of ‘living together’

For the purposes of these instructions:

  1. the principal applicant and their partner are considered to be living together if they are sharing the same home as partners (as defined in E4.1.20).
  2. Living together does not include:
    1. time spent in each other’s homes while still maintaining individual residences; or
    2. shared accommodation during holidays together; or
    3. flatmate arrangements; or
    4. any other living arrangements that are not reflective of the factors set out at E4.5.35(a).

E4.5.35 Determining if the couple are living together in a partnership that is genuine and stable

  1. Factors that have a bearing on whether two people are living together in a partnership that is genuine and stable may include, but are not limited to:
    1. the duration of the parties’ relationship;
    2. the existence, nature, and extent of the parties' common residence;
    3. the degree of financial dependence or interdependence, and any arrangements for financial support, between the parties;
    4. the common ownership, use, and acquisition of property by the parties;
    5. the degree of commitment of the parties to a shared life;
    6. children of the partnership, including the common care and support of such children by the parties;
    7. the performance of common household duties by the partners; and
    8. the reputation and public aspects of the relationship.
  2. Evidence that the couple are living together may include, but is not limited to, original or certified copies of documents showing a shared home, such as:
    1. joint ownership of residential property
    2. joint tenancy agreement or rent book or rental receipts
    3. correspondence (including postmarked envelopes) addressed to both principal applicant and partner at the same address.
  3. Evidence about whether the partnership is genuine and stable may include, but is not limited to, original or certified copies of documents and any other information, such as:
    1. a marriage certificate for the parties;
    2. a civil union certificate for the parties;
    3. birth certificates of any children of the parties;
    4. evidence of communication between the parties;
    5. photographs of the parties together;
    6. documents indicating public recognition of the partnership;
    7. evidence of the parties being committed to each other both emotionally and exclusively, such as evidence of:
      • joint decision making and plans together
      • sharing of parental obligations
      • sharing of household activities
      • sharing of companionship/spare time
      • sharing of leisure and social activities
      • presentation by the parties to outsiders as a couple.
    8. evidence of being financially interdependent, such as evidence of:
      • shared income
      • joint bank accounts operated reasonably frequently over a reasonable time
      • joint assets
      • joint liabilities, such as loans or credit to purchase real estate, cars, major home appliances
      • joint utilities accounts (electricity, gas, water, telephone)
      • mutually agreed financial arrangements.
  4. Satisfactory and sufficient proof (from documents, other corroborating evidence, or interviews) of all four of the following elements being met:
    1. 'Credibility': the principal applicant and the partner both separately and together, must be credible in any statements made and evidence presented by them.
    2. 'Living together': the principal applicant and partner must be living together unless there are genuine and compelling reasons for any period(s) of separation (see E4.5.35(f) and E4.5.35(g) below).
    3. 'Genuine partnership': the principal applicant and partner must both be found to be genuine as to their:
      • reasons for marrying, entering a civil union or entering into a de facto relationship; and
      • intentions to maintain a long term partnership exclusive of others.
    4. 'Stable partnership': the principal applicant and partner must demonstrate that their partnership is likely to endure.
  5. A temporary entry class visa must not be granted unless the immigration officer is satisfied, having considered each of the four elements in E4.5.35(d) above (both independently and together) that the couple is living together in a partnership that is genuine and stable.
  6. If a principal applicant and their partner have lived apart for periods during their partnership, the application should not automatically be declined. Instead, immigration officers should determine whether there are genuine and compelling reasons for any period(s) of separation:
    1. either partner's family, education or employment commitments;
    2. the duration of the partnership and the length of time the couple has spent apart;
    3. the extent to which the couple has made efforts to be together during the time apart.
  7. Despite E4.5.35(f) above, immigration officers will only consider whether there are genuine and compelling reasons for any period(s) of separation if the couple is able to satisfactorily demonstrate that they have lived together prior to the period(s) of separation.
  8. The presence or absence of any of the documents, information or evidence listed at E4.5.35(b) and (c) above is not determinative. Each case will be decided on the basis of all the evidence provided. Evidence about these matters may also be obtained at interview and can be considered up until the date of final decision.

Effective 29/05/2017

PREVIOUS IMMIGRATION INSTRUCTIONS

E4.5 Temporary entry class visa for partners and dependent children (22/05/2017)

E4.5 Temporary entry class visa for partners and dependent children (07/12/2015)

E4.5 Temporary entry class visa for partners and dependent children (30/03/2015)

E4.5 Temporary entry class visa for partners and dependent children (08/12/2014)

E4.5 Temporary entry class visa for partners and dependent (17/11/2014)

E4.5 Partners and dependent children of temporary entry class visa holders (01/07/2013)

E4.5 Partners and dependent children of temporary entry class visa holders (07/11/2011)

E4.5 Partners and dependent children of temporary entry class visa holders (07/02/2011)

E4.5 Partners and dependent children of temporary entry class visa holders (29/11/2010)

Top of page | Print this page