Partnership Visas

 "The Myth of the 'Easy' Partnership Visa: Why the Process is Far More Complex than People Assume"

Securing a partnership visa in New Zealand, even when you're in a genuine relationship with a citizen or resident, is often more complex than people expect. Simply having a marriage certificate does not guarantee a resident visa. Many applicants underestimate the process, which can lead to mistakes and visa declines.

• Common Pitfalls in Partnership Visa Applications

A common mistake is being careless with important dates. People’s memories can be fallible, and applicants often struggle to pinpoint the exact date their relationship changes from a ‘dating stage’ to a serious relationship. Moreover, even small discrepancies can lead Immigration New Zealand (INZ) to question their credibility. Unfortunately, many people also do not know what specific evidence INZ requires for different types of partnership visas, leading them to submit unsuitable applications. Additionally, any inaccurate statements, even simple oversights, can become a serious issue.

• The Value of Professional Assistance

While you can submit a visa application yourself, it is crucial to present it professionally with the correct supporting evidence. Hiring experienced professionals is often a worthwhile expense. Upon reviewing your documents, we can assess your situation, evaluate your current evidence, and determine the most appropriate visa for your circumstances.

Choosing the Right Partnership Visa

There are three main types of partnership visas:

• Visitor Visa-Partnership (VV-P)
• Work Visa-Partnership (WV-P)
• Residence Visa-Partnership (RV-P)

Residence visa applications require the most evidence, while work and visitor visa applications require less. The first partnership visa you apply for is usually the most difficult because INZ has no prior information about your relationship and will thoroughly assess your evidence. For this reason, it is common for partners of New Zealanders to start with a work or visitor visa before applying for a residence visa.

When applying for a New Zealand partnership visa, choosing the right visa type is crucial. The three main options—Visitor, Work, and Residence—are suited for different circumstances and relationship stages.

• Visitor Visa-Partnership

This visa is suitable for couples in a genuine and stable relationship who have only lived together for a limited time. A common scenario is when a relationship begins and develops online. After months of online communication, the New Zealand partner travels to the other's country to live together for a few months. When the New Zealand partner returns home due to work or family commitments, the relationship has strengthened, but it is still relatively new. In this case, a partnership residence visa would be premature, and a partnership visitor visa is a more practical option.

Partnership visitor visas are also ideal for individuals from countries where it is difficult to obtain evidence of living together. Many countries are cash-based and lack reliable postal services, making it challenging for couples to prove they have lived together, even if they have children. Therefore, starting with a partnership visitor visa is the most practical option when a couple is in a genuine relationship but has limited evidence of living together.

In some cases, if Immigration New Zealand (INZ) is satisfied that the relationship is genuine and stable but the living together requirement is not fully met, they may grant a general visitor visa for the purpose of family visit as an exception to instructions (‘ETI’). This allows the applicant to come to New Zealand, spend time with their partner, and collect the necessary evidence for a future partnership visa application.

• Partnership Work Visa

This visa is suitable for couples who are living together in countries where it is easier to obtain living together evidence. It's also a great option for partners of New Zealanders who are already in the country.

A common scenario is when a person arrives in New Zealand on a work visa, meets a New Zealand citizen, and they begin a committed relationship. After moving in together, a residence visa may be premature, and a partnership work visa becomes a more practical option. Similarly, it's a good choice for someone already in New Zealand on a partnership visitor visa who wants to apply for a new partnership visa.

To be approved, couples must prove they have been living together in a genuine and stable relationship. We would be able to assist you in compiling relevant evidence that you have been living with your partner. 

• Partnership Residence Visa

Firstly, it must be noted that partnership residence visas can only be approved if you and your New Zealand citizen/resident partner have already lived together for 12 months or more on the day you lodge your application. Immigration New Zealand (INZ) will conduct a comprehensive assessment of both your relationship and your character.

Why apply for a temporary visa first?

Many couples choose to apply for a temporary Partnership Visitor or Work Visa before a Residence Visa because it establishes a track record with INZ. If a prior temporary partnership visa was approved, INZ has already determined the relationship is genuine and stable. This makes the subsequent residence application more straightforward, as you mainly need to prove the relationship is ongoing and the 12-month living together requirement has been met.

Special considerations

If you have not previously applied for a partnership visa, a residence visa is most suitable for couples who have been in a long-term relationship, have joint assets, or have children together. In other cases, it is more practical to start with a work or visitor visa unless there is a high probability that your temporary visa application would be declined.

For example, a partnership work or visitor visa may be declined if you have a history of overstaying. This is because INZ must be satisfied that you are a genuine temporary visa holder who will leave the country when your visa expires. This risk does not apply to a residence visa, which allows you to live in New Zealand indefinitely and does not expire as long as you remain in the country.

For applicants with a history of overstaying, a partnership residence application may be the only viable option. This is because INZ cannot decline a residence application based on your history of overstaying if your relationship is found to be genuine and stable. However, be prepared for a thorough and rigorous assessment of your relationship.

Permanent Residence (Expat Category)

When you have lived together with a New Zealand citizen/resident partner for more than five years outside New Zealand, they can apply for a permanent residence visa under the 'expat' category. This option is suitable for couples who are not ready to move to New Zealand yet due to professional commitments but intend to immigrate in the future. Having permanent residence in place means you can choose to move here permanently at any time.

While you could apply for residence later, it is more practical to secure it now. This is because health issues become more likely with age, and a future application could be declined due to unforeseen health problems. It is best to apply while you are healthy and eligible, rather than risking a future decline.

• Issues That May Complicate Your Application

There are several factors that could complicate your partnership visa application.

Your partner's past relationships: If your partner has sponsored or been sponsored for a partnership visa before, it can affect your application. In some cases, your partner may still be eligible to sponsor you despite a previous relationship.

Your partner's criminal history: If your partner has a criminal history or a pending court case, you may need to request a character waiver.

Your previous visa application was declined: If your prior application was unsuccessful due to inconsistencies in the information you provided, it may be possible to correct the record. We can assist by contacting the authorities to have the information corrected before submitting a new application. We will also help you prepare a strong application with solid evidence to maximize your chances of success.

For an initial, no-obligation consultation about your future partnership application, contact Mathews and Associates.

Disclaimer:

The contents of this article are for general information only and does not constitute legal advice and should not be substituted for professional legal advice obtained from your lawyer. If you would like legal advice, please contact Mathews & Associates to discuss your legal matter.

About the Author:

Charn Tiebtienrat MMus, LLB (Canterbury)

Charn brings a unique blend of legal expertise and entrepreneurial experience to Mathews and Associates Lawyers Limited.

After immigrating to New Zealand in 1995, Charn earned his Bachelor of Laws (LLB) from the University of Canterbury. He was immersed in business from a young age, growing up in a family of successful Whangārei entrepreneurs who owned and operated the highly-regarded Suk Jai Thai Restaurant until late 2022. This experience gave him an invaluable, practical understanding of commercial contracts, commercial leases, employment agreements, and visa applications long before attending law school.

Charn has developed a strong specialization in Immigration Law, training under top practitioners, including two years with prominent Wellington immigration and refugee lawyer Kamil Lakshman. Under her supervision, Charn did high-level immigration work, including successful residence and humanitarian appeals to the Immigration & Protection Tribunal, requests for Ministerial Interventions, and securing the cancellation or suspension of deportation liability for his clients. Charn is known for his thorough approach, carefully assessing a client's history and circumstances to devise the most suitable immigration strategy. He finds Immigration Law a uniquely fulfilling area, as every successful decision means helping his clients and their families settle or reunite in New Zealand.

Joining the firm in July 2025, Charn's business acumen enables him to provide detailed and commercially-aware advice to clients. He continues to practice Immigration Law under the supervision of Director Christopher Perry, and has already achieved successful outcomes for a number of clients.