F2.40 General rules

F2.40.1 English language requirements

1. If an applicant was eligible to be included as a partner or a dependent child of a principal applicant in an earlier successful application under the General Skills Category, Skilled Migrant Category, Residence From Work Category, Business Immigration Instructions or previous Business Investor Category, but was not at that time included in the application, they will have to meet the criteria of the English language instructions applicable at the time the application under the Partnership Category is made.
2. Such an applicant will be subject to the applicable English language instructions as if they were a non-principal applicant under the Skilled Migrant Category or Business Immigration Instructions.
3. An applicant who would have been eligible for inclusion in an earlier General Skills Category or Skilled Migrant Category application will be subject to the English language of the Skilled Migrant Category applicable at the time the application under Partnership Category is made.
4. An applicant who would have been eligible for inclusion in an earlier Business Investor category or Business Immigration Instructions application will be subject to the English language requirements of Business Immigration Instructions applicable at the time the application under Partnership Category is made.

F2.40.5 Applications under Partnership Category of persons eligible for inclusion in earlier registrations or expressions of interest

1. A partnership application must be declined if the principal applicant was eligible to be included in one of the following, and was either not included or included and subsequently removed from:
   1. a registration or expression of interest listed in (b) below that was selected and resulted in the issue of an invitation to apply, or
   2. a successful application that was made under the Parent Category.
2. The requirement at (a)(i) above applies to:
   1. registrations under the Family Quota, the Refugee Family Support Category, Samoan Quota Scheme or the Pacific Access Category; and
   2. expressions of interest under the Parent Category or Community Organisation Refugee Sponsorship category

F2.40.10 Resident visas with conditions imposed under section 49(1)

If a New Zealand partner holds a resident visa subject to conditions (excluding travel conditions) imposed under section 49(1) of the Immigration Act 2009, then the principal applicant's resident visa will be subject to the condition that the New Zealand resident partner complies with those conditions (see R5.65.1).

Effective 15/11/2022