Partnership Visas - Temporary Entry and Residence Class
Our team have extensive experience in handling partnership-based visa applications, be it for temporary entry (work or visitor visas) or residence. We are also experienced in obtaining initial visas to enter New Zealand for couples who have not yet spent time living together so that the overseas partner can travel to New Zealand and the couple can live together.
The most important requirement for any partnership application is that the couple are living together in a genuine and stable relationship, be it in a legal marriage, civil union or de facto relationship.
Immigration New Zealand has a list of prescriptive criteria against which these applications are assessed but we understand that there is no "one size fits all" approach to relationships or how they develop, and we can work with you to ensure that sufficient evidence is provided to INZ, to increase the likelihood of your application being approved without delay. This evidence can take a variety of forms, and we will guide you on what can be considered.
For residence applications, the evidence of living together must cover a full 12 months prior to the application being submitted. Many couples fall into the trap of thinking they can apply early, and while they may pass the 12-month threshold by the time the application is assessed, this is not enough to meet requirements. We can ensure that you avoid such pitfalls. Sometimes a short delay in the submission of an application can result in quicker processing in the long run.
The supporting partner for the application also needs to demonstrate that they are an "eligible supporting partner" under INZ policy, something that will be verified by INZ during the assessment process. In some cases, partners can be disqualified from acting as a supporting partner where they have historical convictions of a specified type and in such instances a character waiver would need to be considered and granted for the application to succeed. Our team is experienced in overcoming such hurdles and having applications approved through the grant of character waivers.
Where someone has supported a previous partner for a successful residence application this can also impact on their eligibilty as a supporting partner in certain cases, which we can check and advise of early on, to avoid unnecessary cost and wasted effort, and to consider alternative solutions.
Our team can help you plan your partnership applications to ensure that issues are identified and advised upon early, and are dealt with proactively where possible, so that your partnership visa can be granted with minimal fuss, and so that any applications you make are handled in the most cost-effective and efficient way.
Dependent Child Visas - Temporary Entry and Residence Class
The eligiblity of children for visas typically ties back to their parent's immigration status in New Zealand, either as a worker, student, resident or citizen in New Zealand.
Dependent child temporary visas are available for children aged up to, and including 19 years old. They can allow for visitor visa conditions or student visa conditions depending on the age and circumstances of the child. If student visa conditions are granted, they allow for the child to attend primary or secondary school as a domestic student, meaning their education is government funded and not charged at international rates. Tertiary study cannot be completed on a dependent child student visa.
Parents living in New Zealand on student or work visas can only support their children for visas where certain stringent criteria are met. These link back to the level of study or skill level and rate of pay attached to employment.
Children can be included in a parent's residence application, or lodge a residence application themselves as the dependent child of a New Zealand resident or citizen, up until and including the age of 24 years old.
There are strict criteria defining who can be considered a "dependent child" linking back to the child's age, relationship status, earning capacity and whether they have children of their own.
For children under the age of 16, where parents are divorced or separated, there are also policy considerations regarding custody.
We can guide you and your family through the different visa options and policy considerations to ensure that all members of the family are planned for and can continue to have visas suitable to their circumstances.
Pathways for Parents
There are currently options for New Zealand residents and citizens to support their parents to visit and migrate to New Zealand, through the Parent and Grandparent Visitor Visa (PGVV), Parent Category Residence and the Parent Retirement Category Residence.
The PGVV allows for maximum travel flexibility, lasting 3 years and allowing for visits of up to 6 months and 18 months cumulatively over the 3 years. In this way, parents can easily divide their time between New Zealand and their home country or other countries, and stay connected with family based in New Zealand.
If parents are looking to make a more permanent move, there are two pathways targetted specifically at parents of New Zealand citizens and residents; the Parent Category and the Parent Retirement Category.
The Parent Category focuses on the supporting child, requiring them to act as sponsor (either individually or jointly with their partner or any other NZ resident/citizen sibling) and to earn a certain level of income (again either individually or in conjunction with co-sponsors). It is a category that involves a ballot selection, meaning that an Expression of Interest (EOI) must first be lodged and an Invitation to Apply only issued if the EOI is selected from the pool at random. EOI's remain valid for two years and ballots are drawn quarterly.
By contrast, the Parent Retirement Category focuses on the parent, requiring them to have funds in excess of $1.5 million, of which $1 million must be available to invest in acceptable investments in New Zealand and the remaining $500,000 available for use to settle in New Zealand. They must also demonstrate a minimum annual income of $60,000.
We can work with you to determine which visa category is going to best suit the needs and position of any parents looking to spend time in New Zealand, to give them clarity and confidence about the approriate way forward.