Who are considered ‘family’ for immigration purposes?
For visa applications to New Zealand, it is usual for family to be permitted to accompany the principal applicant. But who is considered ‘family’ for these purposes? This article discusses who can be included and/or considered family, and importantly, who cannot be considered.
Temporary resident visas
For temporary resident visas, such as student or work visas, it is important to note that each accompanying family member must make their own application. One person in the family is considered the principal, or primary, applicant, and the others are secondary applicants. Secondary applicants are assessed based on their relationship to the principal applicant. What visa a secondary applicant qualifies for depends on their situation. In general, however
Partners of a principal applicant – work or visitor visa
Dependent children of a principal applicant – visitor or student visa
The accompanying family members should receive a visa valid for the same period as the principal applicant. Dependent parents of the principal applicant can not obtain a visa based on their relationship to the principal applicant and instead must apply for and meet the requirements of a visa in their own right.
Resident visas
In general, resident visa applications differ from temporary ones in that all accompanying family members are included in the one application with the principal applicant. This means one application form, and one application fee. Again, partners and dependent children may be included in the resident visa application, but the test for both varies to that of temporary visa applications.
Dependent parents may not be included in a resident visa application at any time and instead must meet the requirements for the grant of a visa in their own right.
Let’s look at the definition of partners and dependent children further.
Partners
For all application types, and indeed across all laws in New Zealand, all partnerships are defined and treated equally:
Married couples (heterosexual or same-sex)
De facto couples (heterosexual or same-sex)
Civil union couples (heterosexual or same-sex)
Immigration New Zealand applies a two-fold test when assessing the eligibility of a partner in a visa application. This incorporates the following two criteria:
The couple must be living together (or not living apart permanently), AND
The relationship must be genuine and stable
There is a key difference between eligibility for a temporary resident visa and a resident visa for partners. This relates solely to the length of the relationship, in that there is no minimum time for the relationship required for a temporary resident visa, and a minimum of 12 months required for a resident visa application.
Dependent children
All dependent children up to the age of 19 may be eligible for either a student visa or a visitor visa, if the principal visa applicant has been granted a work or fee-paying foreign student visa. There are some exclusions, but generally those under five years of age will be eligible for a visitor visa (that permits attendance at pre-school) and those aged five years or older are eligible for a student visa. In most cases the dependent children are permitted to attend a primary or secondary school in New Zealand as a domestic student, avoiding costly foreign fee-paying student fees.
For resident visa applications, dependent children aged up to 24 (may not have turned 25) can be included in an application. It is necessary to evidence the dependence of any child aged 19 or over, and these group of children must not have children nor a partner of their own.
Due to New Zealand being a signatory on the United Nations’ Convention on the Rights of the Child, any dependent child who is aged under 16 and not intending to travel to New Zealand with both legal parents will attract additional scrutiny. It will be incumbent upon the legal parent who is travelling to evidence that they have the lawful right to remove the child(ren) from their resident country. This may require court-sanctioned documentation, particularly for resident applications.
Difficulties - parents and children aged 19 or over
Parents do not qualify to be included in a resident visa application nor apply as secondary applicants for a temporary visa. Instead, they must apply for and be granted visas that they are eligible for on their own merits. There are currently two resident visa pathways for parents of New Zealand resident adult children, and work is underway by the Government to develop a longer-term temporary solution.
If a family is applying to come to New Zealand on a temporary basis, children aged 19 or older do not qualify for a visa based on their relationship with the principal applicant. Instead, they must obtain one of the following if they are to come to New Zealand:
foreign fee-paying student visa to attend a tertiary institution
working holiday visa (if they are from a country who has a reciprocal agreement with New Zealand)
visitor visa (no work or study, but does allow them to remain in New Zealand with the family)
We would be happy to advise on your family’s specific circumstances, please do reach out for further information as it applies to you.
Karen Justice
Licensed Immigration Adviser No: 200800190