Partnership Category Residence Visa

At a glance

The Partnership Category (F2) is a residence category under New Zealand's Family Categories. It enables the partner of a New Zealand citizen or resident to be granted a residence class visa on the basis of their genuine and stable relationship. [F2]

The specific objective of the Partnership Category is to allow the partners of New Zealand citizens and residence class visa holders to live with their partner in New Zealand. [F2.1]

Note: Partners of New Zealand citizens and residence class visa holders do not have an automatic right of residence. [F2.1]

To succeed, the applicant must demonstrate that they are in a genuine and stable partnership with a New Zealand citizen or resident sponsor, that they are living together with that partner, and that the partnership is likely to endure. [F2] Applicants must have been living together with the partner for at least 12 months in that partnership. [F2.5]

How to apply

Applicants lodge a residence application under the Partnership Category on the prescribed INZ form, accompanied by the required fee and supporting documents. [F2]

The application must include:

• evidence of the applicant's identity;
• evidence of the sponsor's New Zealand citizenship or residence status;
• evidence that the partnership is genuine and stable;
• evidence that the couple have been living together for at least 12 months; [F2.5]
• evidence that the couple are living together;
• police certificates and medical certificates as required by the general instructions; and
• any other information or evidence that Immigration New Zealand reasonably requests. [F2]

In particular, the principal applicant must provide a completed Partnership Support Form for Residence (INZ 1178), which confirms the New Zealand partner's citizenship or residence, support for the application, and eligibility to sponsor, and that the partnership meets the minimum requirements for recognition. [F2.20] Evidence of the New Zealand partner's citizenship or residence status may include a New Zealand passport, a certificate of citizenship, a current resident visa, or a valid Australian passport (for residents). [F2.20] Evidence that New Zealand is the partner's primary place of established residence may include correspondence, employment records, banking records, and tenancy or mortgage documents. [F2.20] Evidence that the couple are living together and that the partnership is genuine and stable includes, but is not limited to: documents showing shared accommodation (joint tenancy or ownership, correspondence to the same address), evidence of communication and joint decision-making, evidence of financial interdependence (joint bank accounts, shared assets and liabilities, joint utilities), and evidence of public recognition of the partnership (photographs, statements from third parties). [F2.20] The presence or absence of any single document is not determinative; immigration officers will assess the totality of evidence provided. [F2.20]

Applications are assessed by immigration officers against the criteria set out in the F2 instructions. Officers may interview the applicant and sponsor separately, visit the couple's home, and make other inquiries to verify the relationship. [F2]

Specifically, under F2.25.1, immigration officers will usually conduct an interview with both the principal applicant and their partner to determine whether the partnership is genuine and stable. [F2.25] Interviews may be waived if an immigration officer is satisfied without an interview that the partnership is genuine and stable. [F2.25] Immigration officers may also make home visits and conduct interviews with any other person relevant to the application. [F2.25] Home visits may only be made between 7.00 am and 9.00 pm, so long as the time of the visit is reasonable in the circumstances. [F2.25]

Additionally, under F2.25.5, immigration officers may refer to former applications lodged by applicants, family members of applicants, or partners in order to verify declarations made by applicants about their family details (such as the number of family members, the whereabouts of family members, or an applicant's or partner's marital status). [F2.5]

Eligibility criteria

The partnership

The applicant must be in a genuine and stable partnership with a New Zealand citizen or resident. A partnership is a romantic relationship between two people, whether married, in a civil union, or in a de facto relationship. [F2]

For immigration purposes, 'partnership' means a legal marriage, a civil union, or a de facto relationship; and 'partner' means one of the parties to such a partnership. [F2.5]

A genuine partnership is one that is authentic and not entered into for immigration advantage. A stable partnership is one that is durable and likely to endure. [F2]

The onus of proving that the partnership is genuine and stable lies with the principal applicant and their New Zealand partner. [F2.5]

Living together

The applicant and their partner must be living together in a genuine and stable partnership. Living together means sharing the same home as a couple, not simply flatting together or sharing accommodation. Periods of separation for genuine reasons (such as work, family commitments, or travel) may be accommodated if the partnership remains genuine and stable throughout. [F2]

The application will be declined if the applicant and the New Zealand partner have not lived together for 12 months or more at the time the application is lodged. [F2.5]

Assessment of genuineness and stability (four‑element test)

Under F2.30, when determining if the couple is living together in a partnership that is genuine and stable, an immigration officer must be satisfied there is sufficient proof of all four elements: [F2.30]

• Credibility: The principal applicant and the partner must be credible in any statements made and evidence presented, both separately and together. [F2.30]
• Living together: The principal applicant and partner must be living together, unless there are genuine and compelling reasons for any period(s) of separation (see F2.30.1). [F2.30]
• Genuine partnership: The principal applicant and partner must both be found to be genuine as to their reasons for marrying, entering a civil union or entering into a de facto relationship, and their intentions to maintain a long‑term partnership exclusive of others. [F2.30]
• Stable partnership: The principal applicant and partner must demonstrate that their partnership is likely to endure. [F2.30]

A residence class visa must not be granted unless the immigration officer is satisfied, having considered each of these four elements independently and together, that the couple is living together in a partnership that is genuine and stable. [F2.30]

Note: The onus of satisfying an immigration officer that the partnership is genuine and stable lies with the principal applicant and their partner (see F2.5(c)). [F2.5]

Supporting partner requirements

The New Zealand partner must:

• be a New Zealand citizen or hold a residence class visa;
• be ordinarily resident in New Zealand at the time of application, unless an exception applies;
• not have acted as a sponsor in a previous successful Partnership Category application within the applicable time restriction (if any);
• not be subject to a sponsorship prohibition; and
• meet the character requirements for supporting partners (see R5.95). [F2][R5.95]

A supporting partner who has been convicted, in New Zealand or any other country, of any offence involving family violence or any offence of a sexual nature does not meet the character requirement, unless a character waiver is granted. [R5.95]

Evidence of character: Character checks must be carried out for supporting partners aged 17 and over. [R5.95] The supporting partner must provide a New Zealand police certificate obtained by INZ, and a police certificate (less than 6 months old) from any country where they have lived for 12 months or more in the last ten years since attaining the age of 17. [R5.95] An immigration officer may also request a police certificate from any country where the supporting partner has lived 12 months or more since age 17 if there is reason to suspect they may not meet character requirements. [R5.95]

If a required police certificate is unavailable from a country that does not issue them to individuals, or no instructions are available for obtaining one, INZ may still accept the application and obtain necessary clearances later. [R5.95] If a certificate is genuinely unavailable, the supporting partner must provide a statutory declaration in English and their first language detailing attempts to obtain the certificate, stating any convictions, and corroborated by other information confirming character. [R5.95]

Character waiver: An immigration officer must not automatically decline the application if the supporting partner fails the character requirement. [R5.95] The officer must consider the surrounding circumstances to decide whether they are compelling enough to waive the requirement, taking into account factors such as the seriousness of the offence, whether there is more than one offence, and how long ago the event occurred. [R5.95] The officer must also consider any advice from INZ National Office and comply with fairness and natural justice requirements. [R5.95] The officer must record the consideration and reasons for the decision. Any character waiver for supporting partners must be made by an officer with Schedule 1-3 delegations. [R5.95]

Minimum requirements for recognition of partnerships

For a partnership to be recognised for immigration purposes under these instructions, the following minimum requirements must all be met: [F2.15]

• both partners are aged 18 years or older at the time the application for a residence class visa is lodged; or
• if one or both partners are aged 16 or 17 years, they must have the support of their parent(s) or guardian(s);
• the couple must have met prior to the date the application is made; and
• the couple must not be close relatives. [F2.15]

For the purposes of these instructions, relationships between close relatives include: [F2.15]

• relationships specified as prohibited degrees of marriage under Schedule 2 of the Marriage Act 1955;
• relationships specified as prohibited degrees of civil union under Schedule 2 of the Civil Union Act 2004; and
• de facto relationships equivalent to those provisions. [F2.15]

Character and health

Applicants must meet the character requirements set out in A5, including the provision of police certificates. The applicant and any accompanying dependants must also meet health requirements. [F2]

The partner who is a New Zealand citizen or resident must also satisfy character requirements where specified in the instructions. [F2]

Dependent children

Dependent children of the applicant may be included in the residence application, subject to meeting the dependent child criteria under the Family Categories and health and character requirements. [F2]

Specific decline grounds

An application under Partnership Category will be declined if:

• the application is not supported by an eligible New Zealand citizen or resident partner; or
• an immigration officer is not satisfied that the partnership is genuine and stable; or
• the applicant and New Zealand citizen or resident partner have not lived together for 12 months or more at the time the application is lodged; or
• the application is based on marriage or a civil union to a New Zealand citizen or resident and either that New Zealand citizen or resident, or the principal applicant is already married to or in a civil union with another person; or
• both the principal applicant and the New Zealand citizen or resident partner cannot satisfy an immigration officer they comply with the minimum requirements for recognition of partnerships; [F2.5][F2.15] or
• the applicant(s) does not meet health and character requirements (see A4 and A5). [F2.5]
• the principal applicant was eligible to be included in an earlier registration, expression of interest, or successful application under one of the categories specified in F2.40.5, and was not included, or was included and subsequently removed from it. [F2.40.5]

English language requirements (certain previously eligible applicants)

If the principal applicant was eligible to be included as a partner or dependent child in an earlier successful application under the General Skills Category, Skilled Migrant Category, Residence From Work Category, Business Immigration Instructions, or previous Business Investor Category, but was not included at that time, they must meet the English language requirements applicable under the Skilled Migrant Category or Business Immigration Instructions (as applicable) at the time the Partnership Category application is made. [F2.40.1]

• If the earlier application was under General Skills Category or Skilled Migrant Category, the English language requirements for non-principal applicants under the Skilled Migrant Category apply. [F2.40.1]
• If the earlier application was under Business Investor or Business Immigration Instructions, the English language requirements for those instructions apply. [F2.40.1]

Condition where New Zealand partner's resident visa has section 49(1) conditions

If the New Zealand partner holds a resident visa that is subject to conditions (excluding travel conditions) imposed under section 49(1) of the Immigration Act 2009, then the principal applicant's resident visa will be made subject to the condition that the New Zealand partner complies with those conditions. [F2.40.10]

Interpretation & edge cases

Assessment of genuineness and stability

Immigration officers consider the totality of evidence when assessing whether a partnership is genuine and stable. No single factor is determinative. Factors considered include the duration of the relationship, the degree of financial interdependence, the nature of the couple's living arrangements, the extent of mutual commitment, and the couple's future plans together. [F2] Additionally, the officer must be satisfied of the four elements set out in F2.30 — credibility, living together, genuine partnership, and stable partnership — each considered independently and together. A residence class visa must not be granted unless this standard is met. [F2.30]

Partnerships of short duration

Partnerships of short duration attract closer scrutiny. The instructions may require a higher standard of evidence or impose additional requirements where the couple has lived together for only a short period. [F2]

Separations

Periods of separation during the relationship are not automatically fatal to an application. The officer must be satisfied that the partnership remained genuine and stable during any separation and that the couple resumed living together once the reason for separation ended. [F2]

When determining whether there are genuine and compelling reasons for separation, immigration officers will consider the circumstances of each case, which may include: each partner's family, education or employment commitments; the duration of the partnership and the length of time the couple has spent apart; and the extent to which the couple has made efforts to be together during the time apart. [F2.30]

Relationships that have ended

If the partnership ends before the application is decided, the application cannot be approved. The applicant must inform INZ promptly of any material change in circumstances, including the breakdown of the relationship. [F2]

Multiple prior partnerships

A pattern of short-lived relationships or multiple prior partnership-based applications may raise concerns about the genuineness of the current partnership. Each application is assessed on its own merits, but the applicant's immigration history is a relevant consideration. [F2]

Sponsor's eligibility

The New Zealand partner's eligibility to sponsor is assessed at the time the application is decided. If the sponsor loses their residence status, ceases to be ordinarily resident, or becomes subject to a sponsorship prohibition before the decision, the application may be declined. [F2]

Non-declaration of partnership on the partner's application

Applications for residence under Partnership Category will be declined if the principal applicant was a partner to the eligible New Zealand partner but was not declared on that partner's application for a residence class visa (if applicable), unless an immigration officer is satisfied the non-declaration occurred with no intention to mislead and would not have resulted in a different outcome in the New Zealand partner's application. [F2.5] Before declining on this basis, the officer must provide the principal applicant an opportunity to explain the discrepancy in accordance with R5.15. [F2.5]

Permanent resident visa for partners of New Zealand citizens living overseas

A principal applicant may be granted a permanent resident visa (see RA1.5) if they meet all other criteria for a residence class visa under the Partnership Category, have a New Zealand citizen partner who has been residing outside New Zealand for at least five years at the time the application is made, and the couple have been living together in a genuine and stable relationship for at least five years at the time the application is made. [F2.5]

Residing outside New Zealand means spending less than three months in New Zealand in each of the five 12-month periods immediately preceding the application date (or the date the NZ citizen partner arrived in New Zealand, if the application is made in New Zealand). [F2.5] Any secondary applicants included in such an application may also be granted a permanent resident visa. [F2.5]

Citations

• F2 — Partnership Category
• F2.1 — Objective
• F2.5 — How do partners of New Zealand citizens and residents qualify for a residence class visa?
• F2.15 — Minimum requirements for the recognition of partnerships
• F2.20 — Evidence
• F2.25 — Verification
• F2.30 — Determining if the couple is living together in a partnership that is genuine and stable
• F2.40 — General rules
• R5.95 — Character requirement for partners supporting Partnership Category applications