A Guide to Partnership Visas

Earlier this week, the Government updated the rules for partnership visas, meaning that partners to NZ citizens or resident visa holders, could secure a three year work visa, rather than the current two - that is on the basis that you have been living together for at least 12 months (if less than 12 months, then you still end up with a 12-month work visa, so no change there). This change was to bring one partnership pathway in to line with another (partners to temporary work visa holders).

With all of these rules flying about, it became pretty apparent that there is a fair degree of confusion as to how partnership work visas actually function, what people are entitled to and the different approaches between partners to work visa holders and those in a relationship with a citizen or resident.

So this week’s article is all about clearing that up (well most of it). Obviously trying to capture the entire set of rules would be pretty tricky, so this is a summarise version of the rules for both categories of partnership applications - enough to hopefully help you steer your way through it all.

Partnership Visa Types

While people often refer to “partnership visas” there are in fact many different types of these, and they all come with their own requirements and criteria - equally they also end up with different visa outcomes, some with conditions, others without. However to make it simple, you can classify all of these in to two groups - the first are partnership based visas, for those in a relationship with a New Zealand citizen or resident visa holder. The second groups are those who are in a relationship with someone who holds a temporary visa here in New Zealand (usually a work visa or student visa).

Partnership & Partners

There are very different rules for each type of partnership visa, depending on who your supporting partner is.

These two different classes of partnership-based visa come with their own sets of rules and more recently, INZ have updated the requirements for those who are coming over as the partner to a temporary visa holder (making them harder to secure or applying specific conditions).

For that second group, there is often a lot of confusion as to what sort of visa they end up with and what it allows them to do. For partners to New Zealand citizens or residents, the options are a little more straight forward and with this week’s change they now get a bit more time to move from a temporary visa to holding residence.

However for both of these groups, while the requirements and outcomes are different, the key principle in term of a who a partner is, remains the same. It might sound a bit strange to say, but partners cannot be close relatives, must both be 18 years or over at the time the application is submitted (or 16 or older with parental consent), and must have met prior to the application.

Partners to Temporary Visa Holders

For applicants looking to join their partners in New Zealand, who are here on a temporary visa, the rules are many and complex. There are also limitations to who can apply, which is largely based on the skill and salary level of the NZ based work visa holder. To simplify it, there are effectively two different groups - partners who can secure an “open” work visa, that has unlimited working conditions and then a work visa that has conditions imposed.

Temporary Visa Partners

For those who are partners to temporary Visa holders in NZ, the rules are numerous and complex.

Open Work Visas

If your partner is in New Zealand and studying towards a particular qualification or they are here on a Specific Purpose Work Visa, then you as the applicant can secure a work visa with no conditions imposed, allowing you to work for anyone, anywhere. The same applies if your NZ based partner holds an Accredited Employer Work Visa (AEWV) or the previous Essential Skills Visa and earns a specific salary or has a specific role in New Zealand. The criteria for the NZ work visa holder are broadly as follows:

• Paid at least twice the median wage (2 x $29.66).

• Paid at least the median wage and is on the Green List.

If the NZ based work visa holder doesn’t meet the above requirements, but meets the following requirements, then the partner can still secure a work visa, however it will have conditions attached - those conditions are that the partner works only for an Accredited employer and must earn the median wage ($29.66).

• In a skill level 1, 2 or 3 role and paid at least the median wage.

• Paid at least 1.5 times the median wage for the Skilled Migrant Category ($31.61).

• In acceptable employment in the Transport or Care Sector workforce and paid the median wage.

For applicants who have a partner in NZ whose work visa does not meet any of the above, they are unable to secure a work visa (as a partner) at all and therefore have no ability to join their NZ based partner on a specific visa.

This is really important because, before your beloved, heads to New Zealand to take up their new job, on their new visa, you need to understand what rights you (as the other half) might have when it comes to the visa you can secure and whether in fact you can secure a visa at all.

Partners to NZ Citizens or Residents

If you happen to be in a relationship with a New Zealand citizen or resident visa holder, then things are indeed a little different. You have various options available to secure different types of visas, dependent entirely on how much time you have lived together. There is also really only one key criteria to be met, which is the nature of the relationship, although INZ tends to apply a laser-like focus on that aspect, crawling over every piece of evidence you can find.

Partners to Kiwis or Residents

Partners to NZ citizens or residents have a slightly smoother path to both work visas and residence outcomes.

In terms of the options, they broadly look like this:

• Lived together for 12 months already - INZ will issue a Work Visa for a period of three years (starting from 01 October 2024) and you are also eligible to apply for Residence.

• Lived together for less than 12 months - INZ will issue a Work Visa for 12months, allowing you to accumulate the time you need to apply for Residence. You can go back at the end of the first 12 months to apply for the balance of your three year Work Visa duration as well.

• Don’t live together currently - this gets more complicated, but there are options to secure a visitor visa, enabling you to join up and live with your NZ partner and then pursue the Work Visas above.

The work visas issued under the above scenarios are fully open, meaning you can work for whoever you like, wherever you like, other than work in the sex industry (yep that is excluded).

In terms of residence pathways for partners, these open up when you can prove your have lived together for 12 months or more and usually most applicants need to tie in a temporary (work) visa option, alongside an application for residence, so they can remain here, whilst residence is being processed.

There is also a pathway for partners to secure permanent residence, right off the bat, if they have lived together for five years and have been outside of NZ for the majority of that time. Many partnership applicants are unaware of this, when they apply but it is a fairly substantial benefit, particularly if, as a couple, you are not sure where you might end up living permanently.

The pathway for partners of New Zealand citizens and residents can appear much easier than many other visa options, but make no mistake the assessment of your relationship is very robust and you have to be able to clearly show how your partnership can stand up to that scrutiny.

Changes Ahead?

While the recent changes are relatively minor (increasing the temporary visa length for partners of NZ citizens or residents), the actual partnership category has been earmarked (for many years now) for a review. There are concerns that the 12 month requirement is too short, leading to some degree of abuse of that pathway. It’s a tricky one for the Government to adjust because Kiwis do have a right to bring their significant others to reside in New Zealand with them. I suspect that with everything else the Government has to consider on the visa stage, any change in that pathway is likely to be a long way off.

However the changes made to those who are coming here to join another work visa holder (as the partner and even the dependent children of those same people) have had a pretty substantial impact. For some, lower skilled, workers, the option to bring their partner has been removed entirely and that will lead them to perhaps reconsidering NZ as an option. The conditions imposed on some partners, also create uncertainty, given it narrows the available jobs for those partners. I suspect that this particular aspect of policy may be subject to a review at some stage (we can only hope).

If you are considering one of these options, either as the partner joining someone on a work visa in NZ or coming to reunite you with your kiwi other half, then understanding the options and criteria are crucial and that is something we can obviously assist with.

Until next week!

P.S. If you are in NZ, dont forget to put your clocks forward this weekend for daylight savings.