It is currently Tue 31 Mar 2020 09:23 GMT
Change font size

    Latest Message from British Expat:

  • UK clocks go forward at the weekend!
    Britain's (and most of Europe's) clocks go forward an hour at 0100 GMT (0200 British Summer Time) on Sunday 29 March.

Immigration, visas, residency, medicals

De Facto / Unmarried partnership visa

Here's the place to discuss all the red tape, rules, and regulations - the hoops you have to jump through before getting to NZ.

De Facto / Unmarried partnership visa

Postby neilhumm » Sun 7 Sep 2008 09:27 GMT

Hi

I am a UK citizen currently in New Zealand on a 12 month working holiday visa. I have been in a relationship with a New Zealand Citizen for about 2 months and we are living together. We love each other dearly and plan to be together long term. My girlfriend suggested we apply for the De Facto / Unmarried partnership visa and I believe we have to live together for a year. I still have 6 months on my current visa so the plan is I am going to extend my visa (which I can do here) for another 11 months and we will continue living with each other. What I want to know is when we do apply for the De Facto / Unmarried partnership visa how can we prove we are in a genuine relationship (which we definitely are!)? At the moment we have got a joint bank account, joint tendency agreement and we try and take pictures of each other together on holidays etc as much as possible. I also wanted to ask will I get residency when we are approved or will I just get a work permit?

Thanks
Posted by:
neilhumm
New Member
 
Posts: 4
Joined: Tue 20 Sep 2005 20:17 GMT

Postby gemray » Sun 5 Apr 2009 00:15 GMT

Hi Neil

My partner and I are in the process of applying for the partnership visa too - I'm a kiwi and he is English. The proof of relationship does seem rather vague but having a joint bank account and tenancy agreement is a pretty good bet. You do have to have been together for 12 months though so I think you have to wait until after the 12 months before you apply. If your application is accepted you will get residency. Just remember, if you leave the country for a trip, you need to apply for a Right of Return otherwise they won't let you back in, even if you have a residency visa. After a number of years (can't recall exactly how many - 5 maybe?) you can apply for nationalisation and that will allow you an NZ passport.

Good luck
Posted by:
gemray
New Member
 
Posts: 4
Joined: Sun 5 Apr 2009 00:02 GMT
Location: London

Postby Toonster » Tue 7 Apr 2009 11:31 GMT

Hi Neil,

There is a very long list of proofs that need to be provided on the INZ website: (http://www.immigration.govt.nz/opsmanual/i5291.htm) (looking at F2)


F2.20 Evidence

Immigration Act 1987 s 13B(3)(e)

1. Evidence supporting an application under Partnership policy for New Zealand residence should include as much information and as many documents as are necessary to show that:
1. the principal applicant's partner:
* is a New Zealand citizen or resident (see F2.10.5), and
* supports their application for residence under Partnership policy, and
* is an eligible sponsor, and
2. the principal applicant and their New Zealand citizen or resident partner are living together in a partnership that is genuine and stable.
2. Factors that have a bearing on whether two people are living together in a partnership that is genuine and stable include but are not limited to:
1. the duration of the parties relationship;
2. the existence, nature, and extent of the parties' common residence;
3. the degree of financial dependence or interdependence, and any arrangements for financial support, between the parties;
4. the common ownership, use, and acquisition of property by the parties;
5. the degree of commitment of the parties to a shared life;
6. children of the partnership, including the common care and support of such children by the parties;
7. the performance of common household duties by the partners; and
8. the reputation and public aspects of the relationship.
3. The items listed in F2.20.1 to F2.20.15 below are examples of relevant evidence; other documents may also be relevant.

F2.20.1 Evidence that partner is New Zealand citizen or resident

1. Evidence that a partner is a New Zealand citizen may include but is not limited to original or certified copies of:
1. a valid New Zealand passport, or
2. a Certificate of New Zealand Citizenship, or
3. a recent official statement of citizenship from the Department of Internal Affairs, or
4. a New Zealand birth certificate.
2. Evidence that a partner is a New Zealand resident may include but is not limited to original or certified copies of:
1. a current residence permit, or
2. a current New Zealand returning resident's visa, or
3. a valid Australian passport.

F2.20.5 Evidence that New Zealand is the primary place of established residence

1. Evidence that New Zealand is the sponsor's primary place of established residence may include but is not limited to original or certified copies of:
* correspondence addressed to the sponsor
* employment records
* records of benefit payments from the Ministry of Social Development
* banking records
* rates demands
* Inland Revenue Department records
* mortgage documents
* tenancy and utility supply agreements
* documents showing that the sponsor's household effects have been moved to New Zealand.
2. The presence or absence of any of the documents listed above is not determinative. Each case will be decided on the basis of all the evidence provided.

F2.20.10 Evidence of sponsorship and support by New Zealand citizen or resident partner

A principal applicant must provide a Sponsorship Form for Residence in New Zealand which:

1. confirms that the sponsor is a New Zealand citizen or resident; and
2. confirms support for the application, and
3. includes a declaration that the sponsor:
1. is an eligible sponsor (see F2.10.10), and
2. is in a partnership with the principal applicant that meets the minimum requirements for recognition of partnerships (see F2.15).

F2.20.15 Evidence of living together in partnership that is genuine and stable

1. Evidence that the principal applicant and partner are living together may include but is not limited to original or certified copies of documents showing shared accommodation such as:
1. joint ownership of residential property
2. joint tenancy agreement or rent book or rental receipts
3. correspondence (including postmarked envelopes) addressed to both principal applicant and partner at the same address.
2. If a couple has been living separately for any period during their partnership, they should provide evidence of the length of the periods of separation, the reasons for them, and how their relationship was maintained during the periods of separation, such as letters, itemised telephone accounts or e-mail messages.
3. Evidence about whether the partnership is genuine and stable may include but is not limited to, original or certified copies of documents and any other information such as:
1. a marriage certificate for the parties;
2. a civil union certificate for the parties;
3. birth certificates of any children of the parties;
4. evidence of communication between the parties;
5. photographs of the parties together;
6. documents indicating public recognition of the partnership;
7. evidence of the parties being committed to each other both emotionally and exclusively such as evidence of:
* joint decision making and plans together
* sharing of parental obligations
* sharing of household activities
* sharing of companionship/spare time
* sharing of leisure and social activities
* presentation by the parties to outsiders as a couple.
8. evidence of being financially interdependent such as evidence of
* shared income
* joint bank accounts operated reasonably frequently over a reasonable time
* joint assets
* joint liabilities such as loans or credit to purchase real estate, cars, major home appliances
* joint utilities accounts (electricity, gas, water, telephone)
* mutually agreed financial arrangements.
4. The presence or absence of any of the documents, information or evidence listed above is not determinative. Each case will be decided on the basis of all the evidence provided. Evidence about these matters may also be obtained at interview and can be considered up until the date of final decision.


Looking at F3 on the same page, it looks like they have withdrawn the De Facto Partnership visa, and it is all lumped in with the partnership one.
There's loads more to see and do on British Expat— why not check out our home page?
Posted by:
Toonster
Moderator
 
Posts: 259
Joined: Wed 23 Apr 2008 17:46 GMT
Location: Bristol -> Wellington


Return to Immigration, visas, residency, medicals



cron