S5.15 Australian partners of New Zealand citizens and residence class visa holders (to 13/04/2022)

Note: The instructions in this section cease to be effective from 12/04/2022.

S5.15.1 Overview

1. The purpose of these instructions is to enable travel to New Zealand by people who:
   1. are a citizen of Australia or are the holder of a current Australian permanent residence visa (including a resident return visa); and
   2. are currently outside of New Zealand; and
   3. are the partner (who may or may not intend to travel with a dependent child(ren)) of a New Zealand citizen or residence class visa holder living in New Zealand.

Note: These instructions describe how a person may be invited to apply for a resident visa on arrival at an immigration control area. See Y3.30 for a list of persons who may travel to New Zealand without an invitation to apply (such as Australians who are ordinarily resident in New Zealand or travelling from a Quarantine-Free Travel country or territory).

S5.15.5 Expression of interest in applying for a resident visa on arrival at an immigration control area or port: principal applicant

See also Immigration (Visa, Entry Permission, and Related Matters) Regulations 2010, Reg 9

1. A person who purports to meet the criteria described in S5.10.1 above may, while outside New Zealand, express interest in applying for a resident visa on arrival at an immigration control area in New Zealand.
2. A person notifying an expression of interest (EOI) in applying for a visa in the manner described in (a) does so by using the approved form provided for this purpose on the Immigration New Zealand website.
3. A person notifying an EOI in applying for a visa in the manner described in (a) may include dependent children in their EOI.
4. A person notifying an EOI in the manner described in (b) must pay the prescribed fee (if any), which also covers any dependent children included in the EOI.

S5.15.10 Invitation to apply for a resident visa on arrival at an immigration control area or port: Australian partners of New Zealand citizens and residence class visa holders

1. An immigration officer may invite a person to apply for a resident visa on arrival at an immigration control area or port in New Zealand, if they are satisfied that:
   1. the person is a citizen of Australia or is the holder of a current Australian permanent residence visa (including a resident return visa); and
   2. the person is requesting to travel to New Zealand for the purpose of reuniting with their New Zealand citizen or residence class visa holder partner; and
   3. the information available does not indicate that the person is excluded under sections 15 or 16 of the Immigration Act 2009; and
   4. the person is outside New Zealand at the time they express interest in applying for a resident visa on arrival at an immigration control area in New Zealand; and
   5. the person meets the partnership requirements (see (b) below); and
   6. the person is likely to meet the requirements for the grant of a resident visa on arrival in New Zealand (see R5.30 and R5.30.1).
2. For the purposes of these instructions, a person meets the partnership requirements if the immigration officer is satisfied that:
   1. the person is in a genuine and stable partnership with a New Zealand citizen or residence class visa holder (see F2.10.1) based on evidence that may include, but is not limited to:
      • the description of the partnership provided in the EOI, including details of any previous shared living arrangements;
      • any supporting documentation that demonstrates their partnership (including marriage certificate, joint tenancy agreement or joint bank account);
      • recent travel movements of the person and the New Zealand partner;
      • the New Zealand partner supports the person’s EOI; and
   2. the person has lived together with their New Zealand citizen or residence class visa holder partner.
3. A person who notifies an expression of interest as the partner of a New Zealand citizen or resident class visa holder under these instructions may be required to provide supporting partnership evidence (see F2.20.15).
4. Where a dependent child is included in the person’s EOI, the immigration officer must be satisfied that:
   1. the child is 24 years old or younger; and
   2. the child is a dependent child (see R2.1.30) of the New Zealand citizen or residence class visa holder; and
   3. the evidence provided (see F5.10), and any other evidence available, confirms the relationship between the child and the principal applicant; and
   4. where the child is under the age of 16 years and the parents of the child are separated or divorced, there is satisfactory evidence of the principal applicant having the right to remove the child from the country in which the rights of custody or visitation have been granted or, if no such rights of visitation have been granted, from the country of residence.

S5.15.15 Currency of the invitation to apply

A person invited to apply for a resident visa on arrival at an immigration control area in New Zealand under these instructions must arrive and apply in New Zealand within 9 months of the date of their notification of being invited to apply.

Note: An invitation to apply may be revoked once an application on arrival at an immigration control area has been made (see section 94(5)).

Effective 30/07/2021