F2.20.15 Evidence of living together in partnership that is genuine and stable
A) Evidence that the principal applicant and partner are living together may include but is not limited to original or certified copies of documents showing shared accommodation such as:
1)joint ownership of residential property
2)joint tenancy agreement or rent book or rental receipts
3)correspondence (including postmarked envelopes) addressed to both principal applicant and partner at the same address.
B) If a couple has been living separately for any period during their partnership, they should provide evidence of the length of the periods of separation, the reasons for them, and how their relationship was maintained during the periods of separation, such as letters, itemised telephone accounts or e-mail messages.
C) Evidence about whether the partnership is genuine and stable may include but is not limited to, original or certified copies of documents and any other information such as:
1) a marriage certificate for the parties;
2) a civil union certificate for the parties;
3) birth certificates of any children of the parties;
4) evidence of communication between the parties;
5) photographs of the parties together;
6) documents indicating public recognition of the partnership;
7) evidence of the parties being committed to each other both emotionally and exclusively such as evidence of:
7.1) joint decision making and plans together
7.2) sharing of parental obligations
7.3) sharing of household activities
7.4) sharing of companionship/spare time
7.5) sharing of leisure and social activities
7.6) presentation by the parties to outsiders as a couple.
8) evidence of being financially interdependent such as evidence of
8.1) shared income
8.2) joint bank accounts operated reasonably frequently over a reasonable time
8.3) joint assets
8.4) joint liabilities such as loans or credit to purchase real estate, cars, major home appliances
8.5) joint utilities accounts (electricity, gas, water, telephone)
8.6) mutually agreed financial arrangements.
D)The presence or absence of any of the documents, information or evidence listed above is not determinative. Each case will be decided on the basis of all the evidence provided. Evidence about these matters may also be obtained at interview and can be considered up until the date of final decision.
F2.25.1 Interviews
A) Immigration officers will usually conduct an interview with both the principal applicant and their partner to determine whether the couple is living together in a partnership that is genuine and stable.
B) Interviews may be waived if an immigration officer is satisfied without an interview that the couple is living together in a partnership that is genuine and stable.
C) Immigration officers may also make home visits and conduct interviews with any other person relevant to the application. Additional interviews may also be conducted during and/or at the end of any deferral period (see F2.35) to determine whether the couple is still living together in a partnership that is genuine and stable.
D) Home visits may only be made between the hours of 7.00 am and 9.00 pm so long as the time of the visit is reasonable in the circumstances.
F2.25.5 Family details
A) Immigration officers may refer to former applications lodged by applicants, family members of applicants, or partners in order to verify declarations made by applicants about their family details (such as the number of family members, the whereabouts of family members, or an applicant's or partner's marital status).
<b>F2.30 Determining if the couple is living together in a partnership that is genuine and stable</b>
A) When determining if the couple is living together in a partnership that is genuine and stable the immigration officer will take into account those factors set out at F2.20(b) and must consider, and be satisfied, there is sufficient proof, (from documents, other corroborating evidence, or interviews) of all four of the following elements:
1) 'Credibility': the principal applicant and the partner both separately and together, must be credible in any statements made and evidence presented by them.
2) 'Living together': the principal applicant and partner must be living together unless there are genuine and compelling reasons for any period(s) of separation (see F2.30.1).
3) 'Genuine partnership': the principal applicant and partner must both be found to be genuine as to their:
3.1) reasons for marrying, entering a civil union or entering into a de facto relationship; and
3.2) intentions to maintain a long term partnership exclusive of others.
4) 'Stable partnership': the principal applicant and partner must demonstrate that their partnership is likely to endure.
A residence class visa must not be granted unless the immigration officer is satisfied, having considered each of the four elements in (a) above (both independently and together) that the couple is living together in a partnership that is genuine and stable.
<b>Note: The onus of satisfying an immigration officer that the partnership is genuine and stable lies with the principal applicant and their partner (see F2.5(c)).</b>
<b>F2.30.1 Assessment of periods of separation</b>
A) If a principal applicant and their partner have lived apart for periods during their partnership, the application should not automatically be declined. Instead, immigration officers should determine whether there are genuine and compelling reasons for any period(s) of separation.
B) Determining whether there are genuine and compelling reasons will depend on the circumstances in each case, and may require consideration of:
1) either partner's family, education or employment commitments;
2) the duration of the partnership and the length of time the couple has spent apart;
3) the extent to which the couple has made efforts to be together during the time apart.
<b>F2.35 Deferring the final decision if the partnership is genuine and stable but less than 12 months duration</b>
A) An application can only be deferred if the applicant has been assessed as living together in a genuine and stable partnership with their New Zealand citizen or resident partner but the 12 month qualifying period has not been met.
B) If, after assessing an application, an immigration officer is satisfied the couple are living together in a partnership that is genuine and stable, but the duration of that partnership is less than the 12 months required, (see F2.5(a)) they may defer the final decision to enable the qualifying period to be met.
C) If the principal applicant wishes to be in New Zealand with their partner during the deferral period, they may be granted a work visa (once an application has been made) for a period sufficient to enable the qualifying period to be met and any further assessment of their residence class visa application to be completed.
Имей ввиду, что в INZ, конечно, тоже не дураки