NEW ZEALAND FAMILY IMMIGRATION INFORMATION








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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