Later application by previous applicants (R5.35)

At a glance

An applicant for a residence class visa cannot be approved if their application relies on a relationship to a New Zealand resident or citizen who originally obtained residence as the partner or dependent child of that applicant or of the applicant’s partner. This rule blocks circular chains where a person who was originally sponsored for residence later attempts to sponsor their original sponsor. [R5.35]

Definition

Under immigration instruction R5.35, a residence class visa must not be granted when the application is “based on [the applicant’s] relationship to a New Zealand permanent resident, resident or citizen who originally obtained a residence class visa as the partner or dependent child(ren) of the applicant or the applicant’s partner.” [R5.35]

“Based on relationship” means the applicant is claiming eligibility through that person as a partner, parent, child, sibling, or any other family link. The prohibition applies irrespective of whether the relationship is current, former, or revived. [R5.35]

“Originally obtained” refers to the first grant of a residence class visa that made the person a New Zealand permanent resident, resident, or citizen. If that first grant was as the partner or dependent child of the applicant (or of the applicant’s partner), the bar operates permanently. [R5.35]

Application in decisions

Immigration officers must apply this instruction at the time of final assessment of any residence application. If the supporting relationship partner or dependant (the “sponsor”) originally gained residence through the applicant (or the applicant’s partner), the application must be declined regardless of other eligibility factors. [R5.35]

INZ will verify the immigration history of the relationship partner or dependant to confirm their original residence pathway. The bar is absolute — there is no waiver, exception, or discretion. [R5.35]

Interpretation & edge cases

• Circular partnership sponsorship: If person A sponsored person B as a partner for residence, A cannot later apply for residence based on a partnership with B. [R5.35]
• Chain through partner’s sponsorship: If B originally obtained residence as partner of C, and C is the partner of applicant A, then A cannot use a relationship with B to obtain residence. [R5.35]
• Parent/child reversal: A child who gained residence as a dependant child of the applicant cannot later sponsor that parent for residence under a parent category. [R5.35]
• Relationship breakdown and reconciliation: The prohibition remains even if the relationship that led to the original residence grant has ended and later a new relationship of any kind is formed with the same person. [R5.35]
• Different relationship type: If the original grant was as a partner, the later application cannot be based on any relationship (partner, parent, etc.) to that same person. [R5.35]
• Applications based on a different person unaffected: The rule only applies when the relationship relied on is to the very person who originally obtained residence through the applicant or applicant’s partner. Using a different qualifying relationship is not captured. [R5.35]

Citations

• R5.35 — Later application under any residence category by previous applicants