Inclusion of family members in residence applications

At a glance

A residence class visa application must be made by a principal applicant. The principal applicant may include their partner and any dependent children in the application as secondary applicants, provided each meets the respective criteria set out in residence instructions. All persons included are individually assessed against the rules that apply to them [R2.1][R2.1.5].

This concept page sets out who qualifies as a partner or dependent child, what partnership and dependency criteria must be met, and the evidence required.

Definition

Principal applicant

The principal applicant is the person declared as such on the residence class visa application form. During assessment, the principal applicant is the person first assessed against residence instructions, unless the instructions provide otherwise [R2.1.1].

Applicant

An applicant is any person included in a residence class visa application — both the principal applicant and any secondary applicants. All are individually assessed against the relevant criteria [R2.1.5].

Partner

For the purpose of inclusion in a residence class visa application, 'partner' means a person who is [R2.1.10]:

• legally married to the principal applicant; or
• in a civil union partnership with the principal applicant; or
• in a de facto relationship with the principal applicant.

A partner who does not meet this definition cannot be included in the principal applicant's application and must apply for residence as a principal applicant in their own right [R2.1.10].

Dependent child

Despite the definition in section 4 of the Immigration Act 2009, a child is dependent for residence inclusion purposes if they are [R2.1.30]:

• aged 21 to 24, with no children of their own, single, and totally or substantially reliant on the principal applicant (or partner) for financial support, whether living with them or not; or
• aged 18 to 20, with no children of their own, and single; or
• aged 17 or younger, and single; or
• applying for a South Island Contribution resident visa and were previously found dependent under WR7.20.1.

When assessing financial reliance for 21–24 year-olds, immigration officers consider the whole application, including paid employment (full-time or part-time), other independent means of support, living arrangements, and study [R2.1.30]. However, part-time work undertaken in accordance with visa conditions granted under I13.15.5(a), U13, V3.10.20, V3.20.5 or E3.26.5(d) does not of itself break the reliance test [R2.1.30].

Application in decisions

Who may be included

A residence class visa application may include [R2.1]:

• the partner of the principal applicant (if meeting the definitions below); and
• the biological or adopted dependent children of the principal applicant and/or partner (if the partner is included).

Who may not be included

The following people may not be included in a residence class visa application [R2.5]:

• any child aged 25 and over (whether dependent or not), and
• any child aged 24 and under who is not a dependent child as defined in R2.1.30.

Removal of included family members

Once a partner or dependent child of the principal applicant is included in a residence class visa application, they cannot be removed from that application while it is being processed, unless a change in circumstances results in the partner ceasing to be the applicant's partner or the child ceasing to be a dependent child [R5.115].

Partnership requirements for inclusion

To be granted a residence class visa, the partner included in the application must satisfy an immigration officer that [R2.1.15]:

1. the principal applicant and partner are living together in a genuine and stable partnership (see F2.10.1);
2. they have been living together in such a relationship for 12 months or more at the time the application is assessed; and
3. the partnership meets the minimum requirements:
   • both were aged 18 or older at the time of application (or 16–17 with parental support);
   • the couple met before the application was made; and
   • they are not close relatives (see F2.15(d)).

When assessing the 12-month duration, any period immediately before a marriage where the couple lived together in an interdependent partnership akin to a marriage may be counted [R2.1.15].

If the partnership is not satisfied

If an immigration officer is not satisfied that the couple are living together in a genuine and stable partnership, the partner will not be granted a residence class visa, and any attributes or family relationship of that partner will not be used to determine the principal applicant's eligibility. For example, under the Skilled Migrant Category the partner's New Zealand employment will not qualify for points, and under the Sibling and Adult Child Category only the principal applicant's income is counted [R2.1.15.1].

Partnership genuine but under 12 months

If the partnership is genuine and stable but has lasted less than 12 months [R2.1.15.5]:

• if the grant of a residence class visa to the principal applicant relies on the partner's relationship or attributes, the application must be declined;
• otherwise, the immigration officer may process the principal applicant and defer the partner's decision until the 12-month qualifying period is met.

A deferred partner may, upon application, be granted a work visa to cover the qualifying period and further assessment (see WF2.20) [R2.1.15.5].

Evidence of relationship with partner

Principal applicants must provide evidence of their relationship with the partner and that the partnership is genuine and stable. F2.20.15 sets out the types of evidence required. The onus of proving that the person is the partner, the partnership is genuine and stable, and the duration requirement is met rests on the principal applicant and their partner [R2.1.20].

Polygamous marriages

As an exception to the exclusivity requirement of a genuine and stable partnership, a principal applicant in a polygamous marriage or relationship may include only one partner [R2.1.25].

Dependent child criteria

For a dependent child to be granted a residence class visa, the officer must be satisfied they are a dependent child [R2.1.27].

Evidence of dependence depends on age [R2.1.35]:

• Children up to 17: presumed dependent if single.
• Children 18–20: presumed dependent if single and have no children of their own.
• Children 21–24: actual evidence of dependence may be required. If the child undertook work under specific visa conditions (I13.15.5(a), U13, V3.10.20, V3.20.5, or E3.26.5), evidence the work complied with visa conditions may be required.

Evidence of relationship with dependent children must include one of [R2.1.40]:

• birth certificate showing parent(s);
• adoption papers; or
• for customary adoption, a separate declaration by the adoptive parent(s) (see R3.5.1).

Children under 16 — custody and removal rights

When parents are separated or divorced, the applicant parent must have the right to remove the child from the country where custody or visitation rights exist, supported by [R2.1.45]:

• legal documents showing sole custody and right to determine residence, with no visitation rights; or
• a court order permitting removal; or
• custody documents plus a witnessed statement from the other parent agreeing to the move.

Where local law gives the applicant parent statutory custody and no individualised legal documents are possible or required, the child may still be included at the officer's discretion [R2.1.45].

When only one parent is included but the parents are not separated or divorced, evidence must include [R2.1.50]:

• a written statement confirmed by both parents at interview; or
• a court order permitting removal.

If the other parent is deceased, the death certificate must be supplied [R2.1.50]. Again, if local law grants statutory custody and no individualised documents are obtainable, the child may be included [R2.1.50].

Dependent children of an included partner

A dependent child who is included solely as the child of the principal applicant's partner (and not the principal applicant's own child) cannot be granted residence unless that partner is granted residence. If the partner receives a work visa under the deferred-decision provision, the child may be granted a temporary visa appropriate to their needs (e.g. a student visa) for the same period [R2.1.55].

Interpretation & edge cases

• Onus of proof: The burden is on the principal applicant and their partner to demonstrate that the partnership is genuine and stable, meets the duration requirement, and that any dependent children meet the criteria [R2.1.20].
• Attribute reliance: If a partner is not granted residence, their attributes (such as skilled employment, income, or family relationship) cannot be used to boost the principal applicant's eligibility under any residence category [R2.1.15.1].
• Deferred partnership decisions: The deferral mechanism at R2.1.15.5 is mandatory: the application must be declined if the principal applicant relies on the partner's relationship or attributes, even if the partnership is genuine but falls short of 12 months [R2.1.15.5].
• Dependent child age boundaries and work: The definition of dependent child diverges from the Immigration Act 2009. Part-time work carried out under specific visa conditions does not break the "totally or substantially reliant" test for 21–24 year-olds — a significant practical concession [R2.1.30].
• Polygamy: Only one partner may be included, even though the exclusivity requirement of a genuine and stable partnership is otherwise applied strictly [R2.1.25].
• Children and custody: For children under 16, the removal-right requirements are applied strictly. When parents are separated, the consent of the other parent is normally required, unless a court order or statutory custody right overrides it [R2.1.45][R2.1.50].
• Dependent of partner: The rule at R2.1.55 ensures that a step-child cannot gain residence unless the parent through whom they qualify is also granted residence. If that parent receives a temporary visa under the deferral provision, the child gets a matching temporary visa.
• Absolute age exclusion: R2.5 imposes an absolute bar: children aged 25 and over cannot be included regardless of circumstances, and children under 25 must meet the dependent child definition [R2.5].
• DNA testing for verifying claimed biological relationships: If documentary evidence of a claimed biological relationship (e.g. parent-child) does not exist or is unreliable, an immigration officer may raise the possibility of DNA testing. DNA testing is voluntary — no adverse inference may be drawn from an applicant or sponsor's decision not to undergo testing [R2.46]. Only DNA tests carried out by an INZ‑approved laboratory will be accepted, and the results are considered in the context of all other evidence [R2.46]. The cost is usually borne by the applicant/sponsor, but INZ may cover costs on a case‑by‑case basis, and will fully fund tests for relationships to sponsors who obtained residence under the Refugee Quota [R2.46].
• Age assessment: For the purpose of assessing eligibility under residence instructions, an applicant's age at the time the application is made is the age used, unless a particular instruction specifies otherwise [R5.6].
• Refugee Quota Family Reunification — specific immediate family definition: For the Refugee Quota Family Reunification Category (S4.20), "immediate family member" has a narrower, category-specific definition: a partner, dependent child, or parent where the applicant is a dependent child. This differs from the general family inclusion rules in R2.1, which permit inclusion of partners and dependent children of the principal applicant and partner. Under S4.20, the sponsor (a mandated refugee) can sponsor their partner, dependent child, or parent (if the sponsor is a dependent child), provided the family member was declared on the sponsor's original Residence Application for Mandated Refugees form. [S4.20.15]

Explaining discrepancies in family details (R5.15)

When there are discrepancies in the details of an applicant's immediate family that are materially relevant to the application, the principles of fairness and natural justice require that applicants be given an opportunity to explain them [R5.15].

The explanation may be required in writing and/or at an interview; if given at interview, it must be recorded in writing [R5.15]. Applicants must be given a reasonable time to provide the written explanation and must know what they are expected to explain [R5.15].

If, after the explanation, the immigration officer is satisfied that the details provided are correct or that the applicant genuinely misunderstood the requirements, the officer should continue to assess the application [R5.15].

• Newborn children of residence class visa holders (R5.70): Children born outside New Zealand to applicants who hold residence class visas but have not yet travelled to New Zealand on those visas may be included in their parents' application, provided that the child's name is added to the application form and the following documents are submitted: a full birth certificate; two passport-sized photographs; a completed General Medical Certificate (INZ 1007); and an acceptable travel document [R5.70]. Additionally, children born after the approval of their parents' residence class visa under the Active Investor Plus category (BN9) who were subsequently granted residence under the Dependent Child visa category may be included as dependents in their parents' application for permanent resident visas [R5.70].

Citations

• R2.1 — Who may be included in an application
• R2.1.1 — Definition of 'principal applicant'
• R2.1.5 — Definition of 'applicant'
• R2.1.10 — Definition of 'partner'
• R2.1.15 — When may partners included in an application be granted a residence class visa?
• R2.1.15.1 — What happens if an immigration officer is not satisfied that a couple are living together in a partnership that is genuine and stable?
• R2.1.15.5 — What happens if the partnership is considered to be genuine and stable but is less than the 12 months required?
• R2.1.20 — Evidence of relationship with partner
• R2.1.25 — Polygamous marriages and relationships
• R2.1.27 — When may dependent children be included in an application and be granted a residence class visa?
• R2.1.30 — Definition of 'dependent child'
• R2.1.35 — Evidence of dependence
• R2.1.40 — Evidence of relationship with dependent children
• R2.1.45 — Children under 16 whose parents are separated or divorced
• R2.1.50 — Children under 16 with only one parent included in the application for a residence class visa
• R2.1.55 — Situation of dependent of partners included in an application
• R2.5 — Who may not be included in an application
• R2.46 — DNA testing for verifying claimed relationships
• R5.6 — Age of applicant
• R5.15 — Explaining discrepancies in family details
• R5.70 — Newborn children of residence class visa holders
• R5.115 — Partners and dependent children who must be included in a residence class visa application
• S4.20 — Refugee Quota Family Reunification Category