Is your partner a Kiwi desperate to return to New Zealand?

At some point most Kiwis feel the pull of their roots and decide to make the long trip back home with their silver fern embossed passport in hand. This often leaves their partners, wives and husbands wondering, what about them? Am I eligible to go?

Don’t fear, it’s not quite time to part ways as New Zealand have a number of visa options open. The family streams open are designed to make migrating that little bit easier if you have a partner who is a resident or citizen of New Zealand. However after making the move it may mean a few breakfasts in bed...

 

The family options that exist for partners of Kiwi citizens or residents can be broken down into two streams: temporary and permanent.

Temporary requirements are slightly more relaxed and provide a good opportunity to discover New Zealand as a couple before taking the plunge and deciding to relocate permanently. Residency is for the more certain couple wanting the permanent solution and ultimately provides that indefinite visa, the golden ticket.

Whichever stream you decide there are some basic requirements that must be met and your Kiwi other half must be happy to support and sponsor you.

 

VISA REQUIREMENTS

In general the main requirements for both temporary and permanent routes are that you have lived together as a couple and that you can successfully demonstrate this union is genuine and stable. It isn’t however a requirement to be married in order for an application to be made under the partnership routes.

The definition of a partnership under New Zealand immigration law is however quite strict and you simply can’t just supply a few selfies of you together or your marriage certificate.

Immigration New Zealand (INZ) thoroughly evaluates the genuineness, stability, and credibility of your partnership. They expect substantial documentary evidence confirming your ongoing and committed relationship, whether with your spouse or de facto partner. INZ also requires proof that you have been living together for a specified period (3-4 months for temporary visas, and at least 12 months for Resident Visa applications), supported by a comprehensive array of documents.

This involves supplying a comprehensive amount of documents.

 

Here's what INZ scrutinises when assessing your application:

  • The length of your relationship

  • How long you have lived together

  • Travel arrangements together

  • The financial support provided to one another

  • Whether you own property or rent together

  • Whether you have children together

  • Friends and family’s abilities to validate your relationship

Additionally, the New Zealand supporting partner must meet specific requirements including character requirements to be eligible to a partner under the partnership family streams for temporary and permanent routes.

Along with the above, there are also medical and character requirements that must be met by the principal applicant for both temporary and residency applications. It is best to seek immigration advice if you are unsure whether you meet the requirements.

 

TEMPORARY VISAS

If your partner is a Kiwi citizen or resident, you meet the above requirements and you wish to work in New Zealand temporarily, a temporary visa may be for you.

A family stream work visa, if approved, will allow you to work in any occupation or role whilst allowing study for up to three months.

This visa could be granted for a period of 12-24 months dependant on the duration of the relationship.

In certain cases, a visitor visa may be an option if you do not have enough evidence showing that you have living together for at least 3 months. It could also be a good option if you decide you do not wish to work but holiday and travel in New Zealand with your Kiwi partner.

 

RESIDENCY VISAS

If the temporary solution doesn’t suit you and you meet the residency requirements, you might want to think about applying for a partnership resident visa instead. This type of visa provides a permanent solution for joining your Kiwi partner in New Zealand.

Once a resident visa is granted the applicant will be required to enter NZ within 12 months to validate their visa and must spend six months of the first year and six months of the second year in NZ before applying for their permanent residency visa. However, if you and your partner have been living together in a genuine and stable relationship for a period of five years outside of New Zealand, you may be eligible for a permanent residency visa outright.

This means any visa granted will not stimulate the conditions to enter within a certain timeframe or to spend a certain amount of time in NZ.

The condition however is that the supporting partner must be overseas at the time of application or not back in NZ for more than three months. If the partner supporting New Zealand residence is based on their Australian citizenship, Australian permanent residence or resident return visa, the application can only be lodged if the supporting partner is ordinarily resident in New Zealand and can provide proof this is the case, such as living in New Zealand at the time of application.


DEPENDENT CHILDREN

If your partner or spouse is a citizen, your children may be able to apply for New Zealand citizenship. You can find out more information about requirements through the Department of Internal Affairs website. Alternatively, there are routes for dependent children to be included in partnership temporary and permanent visa applications, even if they are from former relationships or marriages.

Whatever option you think may suit; it is best to become familiar with all eligibility requirements before starting your visa journey. An Immigration Adviser can often provide you with an evaluation free of charge which can detail which option suits you best. Hopefully it won’t be long now till you board that plane together.

Lydia Walker