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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.

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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:

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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.

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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.

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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.

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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. 

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