|
Job
Search Visa
Business
Category
Talent
Visa
Family Category
Spouses
and De Facto Partners
You
may be granted residence in New Zealand if you:
Are
married to and living in a genuine and stable relationship
with a New Zealand citizen or resident,or
Are
living in a genuine and stable de facto relationship of
at least two years duration with a de facto partner
who is a New Zealand citizen or resident.
A de facto relationship may be a heterosexual or same
sex relationship.
Please note: If you have been in a de facto relationship
of at least 18 months duration,you can apply for residence,but
a final decision on your application will be deferred
until you have been in the relationship for two years.
Applicants
under spouse and de facto partner policies must be sponsored
by their New Zealand spouse or defacto partner. New Zealand
citizens and residents are not acceptable as sponsors
if any of the following apply:
They
have previously supported or sponsored more than one other
successful applicant under spouse or defacto
partner policies and that marriage or de facto relationship
ended as a result of divorce or separation,or
They
have supported or sponsored any other successful applicant
under spouse or de facto partner policies in the last five
years and that marriage or de facto relationship ended as
a result of divorce or separation,or
They
were the perpetrator of an incident of domestic violence
that has resulted in the grant of a residence permit to
a person under the special policy for victims of domestic
violence.
Top
Please
note: A person is considered to be the perpetrator of an
incident of domestic violence if they have been convicted
in New Zealand of an offence of domestic violence against
such a person or they were the subject of acomplaint of
domestic violence against such a person investigated by
the New Zealand Police where the NewZealand Police are satisfied
that such domestic violence has occurred.
Parents
You
may be granted residence if you are:
The
parent of an adult child 17 years or over who is a New Zealand
citizen or resident who sponsors your application;and
The
‘centre of gravity ’ of your family is in New Zealand..
Please note: Grandparents and legal guardians are
also considered as parents in some situations (see
Grandparents
and Legal Guardians below.)
Centre
of gravity
The
‘centre of gravity ’ of your family is in New Zealand::
If
you have no dependent children – all of your adult children
are living lawfully and permanently outside your home country;or
If
you have no dependent children – you have an equal or greater
number of adult children living lawfully and permanently
in New Zealand than in any other single country, including
your home country;or
If
you have dependent children – you have an equal or greater
number of adult children living lawfully and permanently
in New Zealand than in any other single country, including
your home country. The number of your dependent children
must be the same as, or less than, the number of adult children
living lawfully and permanently in New Zealand.
Please
note: Under parent policy,‘children of the principal applicant
’ and the ‘principal applicant ’s family ’ include:
Top
All
biological or adopted children of the principal applicant;and
Any
child of the principal applicant ’s spouse or de facto partner
(whether or not the spouse or de facto
Partner
is included in the application),if that child has lived
as part of the principal applicant ’s family unit for a
predominant period of the child ’s life between the time
their relationship with the principal applicant began and
when the child turned 17 years of age.
The
following tables show examples of how the ‘centre of gravity’
principle is applied.
|
Parent
With No Dependent Children
|
|
No.of
children
|
In
New Zealand
|
In
home country
|
Third
country
|
Eligible?
|
|
2
|
1
|
1
|
-
|
YES
|
|
5
|
2
|
1
|
2
|
YES
|
|
4
|
1
|
1
|
2
|
NO
|
|
6
|
2
|
1
|
3
|
NO
|
|
6
|
2
|
2
|
2
|
YES
|
|
Parent
With Dependent Children
|
|
No.of
children
|
In
New Zealand
|
In
home country
|
Third
country
|
Eligible?
|
|
2
|
1adult
|
1dependant
|
-
|
YES
|
|
4
|
1adult
|
1adult.2dependants
|
-
|
NO
|
|
4
|
1adult
|
2dependants
|
1
adult
|
NO
|
|
4
|
1adult
|
1adult,dependents
|
1
adult
|
YES
|
|
6
|
2adults
|
2dependents
|
2adults
|
YES
|
Sponsorship
requirements
Your
sponsor must:
Be
17 years of age or over;and
Be
in New Zealand;and
Be
a New Zealand or Australian citizen or the holder of a current
residence permit that is not subject to requirements
under section 18A of the Immigration Act 1987;and
Have
been a New Zealand or Australian citizen and/or the holder
of a residence permit or a returning resident ’s visa
for at least three years immediately before the date your
completed application is received by the NZIS;and
In each
of the three 12 month portions within that three-year period,have
spent a total of 184 days or more in New Zealand.
Your
sponsor must undertake to ensure that financial support
and accommodation is provided to you if necessary for
at least your first 24 months as a resident
in New Zealand.
Top
Grandparents
and Legal Guardians
A
sponsor ’s legal guardian and their spouse or de
facto partner will be considered as parents(s)under Parent
policy.
if:
Both
the sponsor ’s parents died before the sponsor attained
the age of 20 years;and
The
legal guardian had custody of the sponsor and the right
to control the sponsor ’s upbringing before the sponsor
attained the age of 20 years.
A
sponsor ’s grandparent and their spouse or de facto
partner will be considered as parents under Parent policy
if both the sponsor ’s parents are
deceased.Only one grandparent and their spouse or de facto
partner may be sponsored under Parent policy.
In the context of Parent policy,where the principal applicant
is a legal guardian,children of the principal applicant
and the principal applicant ’s family include:
The
New Zealand citizen or resident sponsor;and
All
biological and adopted children of the principal applicant;and
Any
children for whom they are or were legal guardians;and
Any
child of the principal applicant ’s spouse or de facto partner
(whether or not the spouse or de facto partner is included
in the application)if that child has lived as part of the
principal applicant ’s family unit for a predominant
period of the child ’s life between the time
their relationship with the principal applicant began and
when the child turned 17 years of
age.
In
the context of Parent policy,where the principal applicant
is a grandparent,children of the principal applicant and
the principal applicant ’s family include:
The
New Zealand citizen or resident sponsor;and
All
biological and adopted children of the principal applicant;and
Any
child of the principal applicant ’s spouse or de facto partner
(whether or not the spouse or de facto partner is included
in the application),if that child has lived as part of the
principal applicant ’s family unit for a predominant period
of the child ’s life between the time their relationship
with the principal applicant began and when the child turned
17 years of age.
Top
Sibling
and Adult Child Policy
You
may be granted residence under this policy if you have a
New Zealand citizen or resident parent, brother or sister
who is living in New Zealand and who sponsors your application,
and
You
have no other siblings or parents who are living lawfully
and permanently in the same country in which you are living
lawfully and permanently; and
You
have an acceptable offer of employment in New Zealand.
Sponsorship
requirements
Your
sponsor must:
Be 17 years of age or over;and
Be
in New Zealand;andbe a New Zealand or Australian citizen
or the holder of a current residence permit that is not
subject to requirements under section 18A of the Immigration
Act 1987;and
Have
been a New Zealand or Australian citizen and/or the holder
of a residence permit or a returning resident ’s visa
for at least three years immediately before the date your
completed application is received by the NZIS;and
In each
of the three 12 month portions within that three year period,have
spent a total of 184 days or more in New Zealand.
Your
sponsor must undertake to ensure that financial support
and accommodation is provided to you if necessary
for at least the first 24 months of your residence in New
Zealand.
Acceptable
offers of employment
Offers
of employment are acceptable if they are:
For
ongoing employment with a single employer (ongoing employment
is permanent,or indefinite,or for a stated term of at least
12 months with an option for the employee of further terms);or
For
one or more contracts totalling at least 6 months,if you
have provided evidence of having had at least two years
of contract work;and
For
full-time employment (that is,it amounts to,on average,at
least 30 hours per week);and
Current at the time your application is assessed
and at the time that you are granted residence;and
Genuine;and
For
a position that is paid by salary or wages (positions of
self-employment,payment by commission and/or retainer are
not acceptable);and
Accompanied
by evidence of full or provisional registration,if full
or provisional registration is required by law to take up
the offer;and
Compliant
with all relevant employment law in force in New Zealand.
Please
note: Compliance with relevant New Zealand employment law
includes:
A
written employment agreement that contains the necessary
statutory specified terms and conditions
Paying
employees no less than the appropriate adult or youth minimum
wage
Meeting
holiday and special leave requirements or other minimum
statutory criteria
Meeting
occupational safety and health obligations.
Minimum
income requirement
If
you have dependent children you will also have to show that
you will meet a minimum income requirement in New
Zealand,to ensure that you can support yourself
and your dependants if you come to New Zealand.
If
your spouse or de facto partner included in your application
also has an offer of employment in New Zealand,their wage
or salary can be taken into account when assessing whether
you will meet the minimum income requirement.Your spouse
or partner ’s offer of employment must be an acceptable
offer of employment (see Acceptable offers of employment
above),but does not have to be for full time employment.
Top
The Table
below sets out the gross minimum income requirement for
principal applicants with dependent children:
|
Number
of dependent
|
Total
family income per year children
|
|
1
|
$30,946
|
|
2
|
$36,493
|
|
3
|
$42,040
|
|
4
or more
|
$47,586
|
Dependent
Child Policy
You
may be granted residence under this policy if:
You
are aged 17 to 24 years;and
You
are single;and
You
have no children of your own;and
You
are totally or substantially reliant on an adult for financial
support (whether or not that adult is your parent
and whether or not you are living with that
adult);and
Your
parent(s)are lawfully and permanently in New Zealand.or
You
are aged 16 or younger;and
You
are single;and
You
are totally or substantially reliant on an adult for financial
support (whether or not that adult is your parent
and whether or not you
are living with that adult);and
Your
parent(s)are lawfully and permanently in New Zealand.
Please
note: Your parents are lawfully and permanently in New Zealand
if they are:
Citizens
of New Zealand;or
Holders
of New Zealand residence permits;or
Holders
of current New Zealand returning resident ’s visas;or
Citizens
of Australia;and
Actually
residing in New Zealand.
You
must also:
Have
been born or adopted before your parents applied for residence,and
been declared on your parents application for residence;or
Have
been born after your parents applied for residence;or
Have
been adopted by your parents as a result of a New Zealand
adoption or an overseas adoption recognised under
New Zealand law.
Custody
or Visitation Rights
If
you are under 16 years of age and you have a parent living
outside New Zealand,your parent in New Zealand must provide
evidence that custody or visitation rights of the parent
living outside New Zealand would not be breached by you
coming to live in New Zealand.
Top
Talent
Visa
Business
Category
Family
Category
|