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Rationale of the requirement of 12 months (living together) in Partnership Category

Helen Anderson made this Official Information request to Ministry of Business, Innovation & Employment

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From: Helen Anderson

Kia ora,

I hope you are doing well.

I am wondering if you could kindly advise all the rationale and/or supporting arguments and act/legislation/policy/regulation for:

1) the requirement of 12 months (living together) in this Immigration Operational Manual clause F2.5 (How do partners of New Zealand citizens and residents qualify for a residence class visa?), point a. which says: "To be granted a residence class visa under Partnership Category applicants must provide sufficient evidence to satisfy an immigration officer that they have been living together for 12 months or more in a partnership that is genuine and stable with a New Zealand citizen or resident."; and point d.iii. which says: "An application under Partnership Category will be declined if the applicant and New Zealand citizen or resident partner have not lived together for 12 months or more at the time the application is lodged."; and

2) the ceasing of clause F2.35 (Deferring the final decision if the partnership is genuine and stable but less than 12 months duration) from 08/05/2017.

Thank you very much!

Best Regards,
Helen Anderson

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From: Ministerial Services
Ministry of Business, Innovation & Employment

Ref: 2223-1615

 

Dear Helen,

 

On behalf of the Ministry of Business, Innovation and Employment I
acknowledge your email of the 25^th of January 2023 requesting under the
Official Information Act 1982 (the Act), the following:

 

“I am wondering if you could kindly advise all the rationale and/or
supporting arguments and act/legislation/policy/regulation for:

1) the requirement of 12 months (living together) in this Immigration
Operational Manual clause F2.5 (How do partners of New Zealand citizens
and residents qualify for a residence class visa?), point a. which says:
"To be granted a residence class visa under Partnership Category
applicants must provide sufficient evidence to satisfy an immigration
officer that they have been living together for 12 months or more in a
partnership that is genuine and stable with a New Zealand citizen or
resident."; and point d.iii. which says: "An application under Partnership
Category will be declined if the applicant and New Zealand citizen or
resident partner have not lived together for 12 months or more at the time
the application is lodged."; and

2) the ceasing of clause F2.35 (Deferring the final decision if the
partnership is genuine and stable but less than 12 months duration) from
08/05/2017.”

 

Your request is being processed in accordance with the Act and a response
will be sent to you in due course.

 

If you have any enquiries regarding your request, or its urgency, feel
free to contact us via email at [1][MBIE request email].

 

Nâku noa, nâ

MINISTERIAL SERVICES

               

Ngâ Pou o te Taumaru

Ministry of Business, Innovation and Employment

Level 4, 15 Stout Street, PO Box 1473, Wellington 6140

NZBN 9429000106078

 

 

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