Partnership Visa - How to apply for

Wednesday 7 November 2018

A New Zealand resident or citizen is able to bring their partner to New Zealand on a temporary visa or a resident visa. The length of the visa will be dependent on how long the partners have been together.

The test is that the New Zealand resident or citizen must be in a genuine and stable relationship with their partner.

Evidence showing the relationship must be provided to Immigration NZ to demonstrate that the relationship is genuine and stable. Most importantly, the parties must show that they have been living together. Being married in itself does not prove the existence of the relationship. On the contrary, Immigration NZ is not meant to discriminate on the basis of the marital status of the parties.

Evidence of living together must be provided including but not limited to the following:

1. Sharing of the same address by way of tenancy agreement or a house purchased in the parties’ names;
2. Letters addressed to either or both at the same physical address;
3. Shared finance;
4. Photos and testimonies from friends and family;
5. Plans of a life together.

There are no hard and fast rules in this area. While Immigration NZ will not pre-judge a relationship based on the parties being very different, I always advise clients that they need to be mindful that significant differences may give rise to questions as to the stability of the relationship. For example, significant age difference, coupled with significant differences in culture and language barriers may make Immigration NZ raise these questions. The onus is on the applicant to demonstrate that the relationship is not only genuine but stable.

In my experience, if Immigration NZ is convinced that the relationship is genuine but has questions about the stability, they often would grant a temporary visa to the parties to enable them to spend time together. One must, however, be careful that the party’s circumstances are not so unusual that it may give rise to question of the relationship being genuine.

If the parties have been living together for 12 months or more, then the partner should be able to apply for residency on a partnership basis, provided that evidence is available to prove the length of living together. Sometimes the parties have spent time apart for different reasons. Again, the parties need to show that there are genuine and legitimate reasons for them to be apart e.g. work or study reasons.

Credibility is often the main issue in these applications. If in doubt, it would pay to obtain Immigration advice from a lawyer. We are often more experienced than immigration advisors in dealing with evidence and assessing facts for credibility.

Teresa Chan

7 November 2018

This article is for general use only. Advice should be sought for specific circumstances. Please consult Teresa Chan at Teresa Chan Law Limited, Level 3, Westpac Building, 106 George Street, Dunedin 9016, ph. 477 1069, or email teresa@tchanlaw.co.nz