Home > Our Publications > New Zealand Outlook > 2003 > November

By Lawrence Johnston

PARTNERS seeking New Zealand residence are now treated the same as married couples.
Under previous requirements, partners had to demonstrate that they had been living together in a genuine and stable relationship for at least two years to qualify for residence. Marriages, however, were recognised immediately.
Announcing the new rules, New Zealand Immigration Minister Lianne Dalziel said that in future it would be the existence of a "genuine and stable relationship" that would be relevant, regardless of whether or not the couple was married.
"To qualify for residence under the new rules the applicant must now provide sufficient evidence to satisfy a visa or immigration officer that they have been living together in a genuine and stable partnership for 12 months or more at the time they lodged the application," she said.
And couples in a genuine and stable relationship who had not met the 12 month requirement might still be eligible for temporary permits.
More significantly, the changes would shift the onus of proof over to the applicant to satisfy the New Zealand Immigration Service (NZIS) by supplying adequate evidence that their partnership was genuine and stable. Previously, NZIS had to accept the relationship as genuine and stable unless there was contrary evidence.
"These changes will therefore strengthen the NZIS' ability to safeguard against applicants deliberately circumventing immigration rules using partnership arrangements to gain access to New Zealand residence," the Minister said.
She had received letters from New Zealanders who had felt cheated by individuals who had left the minute they got residence.
"The bottom line is that someone who can deceive another person to that extent is unlikely to leave behind any concrete evidence that this was always their intention. However, I have asked officials to include work on revoking residence in such circumstances in the review of the Immigration Act scheduled for next year," Mrs Dalziel said.
The Minister said those entering into partnerships solely to gain New Zealand residence could be subject to penalties for breaches of the Immigration Act, including imprisonment for up to seven years or a fine of up to NZ$100,000, or both.
Ben Stevens, an NZIS service leader said: "This move acknowledges the living together component of unmarried couples' relationships and how strong the bond is that they've formed by virtue of their living together.
"The policy also gives us flexibility to acknowledge that the visa officer may or may not be satisfied that the relationship is genuine.
"The couple needs to have been living together for at least 12 months. If they don't meet those requirements, we can grant bridging visas if we believe that the relationship is solid.
"It also ensures that the onus is on the applicant to prove to the immigration service that the relationship is genuine and that's quite a fundamental shift. Previously it was considered that the relationship was genuine unless the immigration service received evidence to suggest it to be otherwise," Mr Stevens said.