Non-principal applicant eligibility for subsequent visas

At a glance

Non-principal applicants (partners and dependent children included in the original residence application) are generally eligible for a permanent resident visa, variation of travel conditions, or second/subsequent resident visa based on the principal applicant's eligibility. However, specific provisions allow independent assessment for partners in cases of relationship breakdown or violence, and special rules apply to dependent children and transitional cases [RV1.20].

Definition

For the purposes of determining eligibility under the RV1 chapter [RV1.20]:

• Principal applicant means the principal applicant of the original resident visa application.
• Non-principal applicant means any other person included in that original resident visa application (typically the partner and dependent children).

These definitions apply regardless of who is the principal applicant in any subsequent application for a permanent resident visa, variation of travel conditions, or second/subsequent resident visa.

Application in decisions

General rule for non-principal applicants

The only requirement for granting a permanent resident visa to a non-principal applicant is that the principal applicant holds a permanent resident visa [RV1.20]. This general rule is subject to four exceptions [RV1.20]:

• The non-principal applicant is excluded under the provisions dealing with who is not eligible for a permanent resident visa;
• The independent assessment provisions for certain partners and children apply (see below);
• The non-principal applicant has never been in New Zealand as a resident;
• The non-principal applicant does not meet character instructions or falls under specific character-related exclusions, unless granted a special direction or character waiver.

Variation of travel conditions

A non-principal applicant must be granted a variation of travel conditions allowing travel until the same date as the principal applicant's resident visa, unless [RV1.20]:

• They are excluded under relevant variation of travel conditions exclusion provisions;
• Independent assessment provisions apply;
• They have never been in New Zealand as a resident.

Second or subsequent resident visa

A non-principal applicant will be granted a second or subsequent resident visa based on the principal applicant's eligibility for a variation of travel conditions, second/subsequent resident visa, or permanent resident visa, unless [RV1.20]:

• They are excluded under relevant provisions;
• Independent assessment provisions apply;
• They have never been in New Zealand as a resident;
• They do not meet character instructions or fall under character-related exclusions, unless granted a special direction or character waiver.

When the principal applicant does not apply or is declined

If a non-principal applicant applies for further travel conditions or a permanent resident visa, and the principal applicant [RV1.20]:

• Does not lodge an application; or
• Is declined a variation of travel conditions or a permanent resident visa; or
• Does not hold a permanent resident visa or a resident visa with valid travel conditions;

then, unless independent assessment provisions apply, the non-principal applicant's application will only be considered under the standard variation of travel conditions or 14-day variation of travel conditions provisions [RV1.20].

Independent assessment: Partners (RV1.20.1)

A partner of the principal applicant is eligible to be considered in their own right for a variation of travel conditions or new residence class visa if any of the following events occur [RV1.20.1]:

• The partner and principal applicant become divorced or separated;
• The partner is granted a non-molestation or protection order against the principal applicant;
• The principal applicant is convicted of an offence against the partner or a dependent child;
• The principal applicant dies;
• The principal applicant obtains New Zealand citizenship.

Evidence may include (but is not limited to) original or certified copies of [RV1.20.1]:

• Final divorce decree or dissolution order;
• Non-molestation or protection order;
• Evidence of conviction for an offence against the partner or dependent child;
• Evidence of separation;
• Death certificate of the principal applicant.

Independent assessment: Dependent children (RV1.20.5)

The eligibility of a dependent child included in the original residence application is assessed in the same way regardless of whether the child is still dependent at the time of the subsequent application [RV1.20.5].

When a partnership dissolves as described in the partner provisions, a child's eligibility is assessed based on [RV1.20.5]:

• Whichever parent has legal custody if the child is under 16;
• Whichever parent the child is living with if aged 16 or over; or
• The principal applicant, if the child is 16 or over and not living with either parent.

If the principal applicant dies or obtains New Zealand citizenship, children must be assessed based on the eligibility of the non-principal applicant partner from the original application [RV1.20.5].

A child can be assessed in their own right if the above requires assessment based on the non-principal partner and this is not possible because [RV1.20.5]:

• A non-principal partner was not included in the original application;
• The non-principal partner has died; or
• The non-principal partner has obtained New Zealand citizenship.

Children seeking assessment based on a person other than the principal applicant must provide evidence that their circumstances meet the relevant criteria (for example, evidence of custody) [RV1.20.5].

Transitional provisions (RV1.20.20)

Non-principal applicants who hold resident visas because they [RV1.20.20]:

• Were granted residence permits before 30 October 1995 (or in reliance on residence visas issued before that date); or
• Arrived in New Zealand lawfully to live permanently before 2 April 1974 and were considered to hold a residence permit under the Immigration Act 1987;

may be granted a permanent resident visa or variation of travel conditions if they meet the criteria in the RV1 chapter, regardless of the principal applicant's status [RV1.20.20].

Interpretation & edge cases

The "never been in New Zealand as a resident" barrier

One of the recurring exceptions to the general rule is that a non-principal applicant who has never been in New Zealand as a resident cannot benefit from the derivative eligibility provisions. This requirement flows from the overview provisions of the residence chapter and applies across all three visa types (permanent resident visa, variation of travel conditions, and second/subsequent resident visa) [RV1.20].

Character requirements

Non-principal applicants must independently meet character instructions when applying for a permanent resident visa or second/subsequent resident visa, unless granted a special direction or character waiver. This is a separate assessment from the principal applicant's eligibility [RV1.20].

Dependent children and changing circumstances

A significant practical concession is that a child's dependency status at the time of the subsequent application is irrelevant — they are assessed under the same rules regardless of whether they remain dependent [RV1.20.5]. This means a child who was dependent at the time of the original residence application but has since become independent (for example, reaching age 25, marrying, or becoming financially independent) can still be granted a permanent resident visa based on the principal applicant's eligibility.

However, this does not override the rules about who may be included in an application for a variation of travel conditions or permanent resident visa — those inclusion rules are determined separately by other residence instructions [RV1.20].

Distinguishing inclusion rules from eligibility assessment

Two scenarios illustrate the distinction between who may be included in a subsequent application and how eligibility is determined [RV1.20]:

• A child included in a parent's residence application under partnership who is now 26 and no longer meets the dependent child definition for inclusion purposes can still have their eligibility for a permanent resident visa assessed as a non-principal applicant under RV1.20, because they were a non-principal applicant in the original application.
• Two people who each obtained residence in their own right under the Skilled Migrant Category and later become partners are both principal applicants in their own original applications. If one includes the other in a permanent resident visa application, they are each assessed for permanent residence in their own right — not as principal and non-principal.

Transitional applicants

The transitional provisions create a significant exception: pre-1995 permit holders and pre-1974 permanent arrivals who were non-principal applicants can obtain permanent resident visas or variations of travel conditions independently of the principal applicant's status [RV1.20.20]. This effectively severs the derivative relationship for this historical cohort.

Citations

• RV1.20 — Determining the eligibility of non-principal applicants
• RV1.20.1 — Non-principal applicants who are partners
• RV1.20.5 — Non-principal applicants who were dependent children in the original residence application
• RV1.20.20 — Transitional provisions