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Marriage/De Facto and Same-Sex Relationships
Applicants may qualify for residence as a
spouse/partner of a New Zealand citizen or
resident if:
1. They are married to their New Zealand
spouse and the couple is living together
in a genuine and stable relationship; or
2. They have a de facto relationship with
a New Zealand partner and the couple has
been living together in a genuine and stable
relationship for at least two years at the
time of application; or 3. They have a same-sex relationship with
their New Zealand partner and the couple
has been living together in a genuine and
stable relationship for at least two years
at the time of application; and 4. The partner has New Zealand citizenship
or residence status; and 5. Their partner supports the application
and if necessary, provides an undertaking
of financial support for the first 24 months
of residence. Immigration officers must assess
whether or not the applicant and the New
Zealand partner are living together in a
"genuine and stable relationship".
This is usually done by interviewing the
applicant and his/her partner.
Evidence that the relationship is genuine
and stable may include:
(a) Photographs of the couple;
(b) Letters between the couple;
(c) Proof of shared accommodation, e.g.,
joint mortgages or joint tenancy agreement/rent
book; or
(d) Proof of shared income, e.g., bank statements
showing transfer of funds from one party's
account to the other; or
(e) Proof of shared bank accounts, e.g.,
statements or bank book showing joint accounts
are held; or
(f) Birth Certificates for any children of
the relationship;
(g) Proof of children living with the couple;
or
(h) Any evidence of public or family recognition
of the relationship e.g., letters addressed
to the couple.
Where a couple is assessed as having lived
together in a genuine and stable relationship
for the past eighteen months or more, the
final decision may be deferred until the
two year qualifying period is met. Applicants
may be issued with a work visa/permit pending
the final decision. The application will
be reassessed at the end of the deferral
period.
Parents/Sibling/Adult Child and Dependent
Child Relationship
Criteria for Parents
Parents must be sponsored by a child who
lives lawfully and permanently in New Zealand
and:
1. All their children live lawfully and permanently
outside the country in which their parents
live lawfully and permanently; or
2. The "centre of gravity" of the
family is in New Zealand.
The centre of gravity is deemed to be in
New Zealand if they have an equal or greater
number of children who live lawfully and
permanently in New Zealand than in any other
single country including the parents' home
country. For example, parents with two children
living permanently in New Zealand and two
children living permanently in Japan will
be able to be sponsored by their New Zealand
children.
Please refer to the Centre Of Gravity Table.
Children 16 years old or younger are not
eligible to sponsor their parents.
Criteria for Sibling or Adult Child
You may apply if you are sponsored by an
adult sibling or parent who lives lawfully
and permanently in New Zealand and:
1. You are single (including widowed or divorced)
with no children of your own; and
2. You have no other immediate family who
live lawfully and permanently in the same
country in which you live lawfully and permanently.
Criteria for Dependent Child
You may apply under this category if:
1. You are single and aged 19 years or younger;
and
2. You have no children of your own; and
3. You are totally or substantially reliant
on your parents or guardians for financial
support whether living with them or not;
and
4. Your parent or parents live lawfully and
permanently in New Zealand.
Statistics
The number of migrants applying under the
Family Category has increased substantially
over the last four years. In the October
to December quarter of 1995, 15% of the total
residency approvals of 15,190 for that period
were granted residency under the Family Category.
For the period January to August 1997 this
figure rose to 39% and for the year June
1997 to June 1998 it had increased to 42%
of all migrants.
"Centre of Gravity" Table
PARENTS WITH NO DEPENDENT CHILDREN
|
No of
Children |
In New
Zealand |
In Home
Country |
In Third
Country |
Eligible? |
2 |
1 |
1 |
0 |
YES |
5 |
2 |
1 |
2 |
YES |
4 |
1 |
1 |
2 |
NO |
6 |
2 |
1 |
3 |
NO |
6 |
2 |
2 |
2 |
YES |
PARENTS WITH DEPENDENT CHILDREN |
No of
Children |
In New
Zealand |
In Home
Country |
In Third
Country |
Eligible? |
2 |
1 adult |
1 dependent |
0 |
YES |
4 |
1 adult |
1 adult
2 dependent |
0 |
NO |
4 |
1 adult |
2 dependent |
1 adult |
NO |
4 |
1 adult |
1 adult
1 dependent |
1 adult |
YES |
6 |
2 adults |
2 dependent |
2 adults |
YES |
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