F2.10 Definitions (08/04/2013)

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. For the purposes of these instructions, a residence class visa application has been granted on the basis of a partnership with the New Zealand partner if the New Zealand partner was previously:
   1. the New Zealand partner who supported a successful partnership category application;
   2. the principal applicant in a successful partnership application;
   3. the principal applicant in an application under any other residence category which included a secondary applicant partner who was granted residence;
   4. granted residence as a secondary applicant included as a partner in an application under any residence category.
2. For a New Zealand partner to be eligible to support a partnership application:
   1. no more than one previous residence class visa application must have been based on partnership with the New Zealand partner; and
   2. any previous residence class visa application granted based on partnership with the New Zealand partner must have been granted more than five years ago; and
   3. the New Zealand partner cannot 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) in the seven years prior to the date the application is made; and
   4. the New Zealand partner must meet the character requirement for partners supporting applications made under the Partnership Category as set out in R5.95.

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 08/04/2013