Latest NZ Border Changes - Partners and dependent children of work visa holders

On 30 April 2021, the NZ Government is introducing an exception to the border restrictions for the following three groups: 

1.     Partners and dependent children who held (and continue to hold) a visa for New Zealand, but were unable to join their partner or parent in New Zealand before the border closed. 

2.     Partners and dependent children of workers employed in critical health services.  

3.     Partners and dependent children of highly-skilled workers.  

Whilst this might sound promising, for the reasons explained below, in reality it’ll be very difficult for the majority of partners and dependents to meet the requirements.

1. Partners and dependent children who held a visa before the border closure 

Immigration New Zealand (INZ) has advised that, to be eligible under this exemption category to enter New Zealand, partners or dependent children outside of New Zealand must hold a current visa based on their relationship to the person in New Zealand. Also, the partner or parent must be currently in New Zealand and have 12 months or more remaining on their work or student visa when the request to travel is submitted.  

Given that employer assisted work visas are valid for up to a maximum of 3 years and the NZ border has already been closed for more than one year, in most cases the visas of the partners and dependent children would have either already expired or the NZ based partner/parent would have less than 12 months remaining on their visa. Potentially, if the NZ based partner/parent applies for and is granted a further work visa beyond 12 months, and the overseas partner and children continue to have valid visas, they might still qualify under the exemption. However, we don’t know the specifics yet.

It’s not specifically mentioned in the INZ announcement as to whether partners and dependents who meet the above exemption will need to lodge a border exemption request or can simply travel. However, given that presumably INZ will require to see evidence of the NZ based partner/parent’s visa status, it’s likely a request to travel will need to be lodged.

2. Partners and dependent children of workers employed in critical health services.

INZ has advised as follows in respect of this exemption category:

To be eligible, you must: 

·        be the partner or dependent child of a person who is currently in New Zealand on a temporary visa.

The person in New Zealand must: 

·        be currently in New Zealand, and

·        have a visa specifying they work in an occupation needed to deliver critical health services in New Zealand, and

·        hold a visa that is valid for 12 months or more after the date the request to travel is submitted. 

If your request is successful, you will be invited to apply for a visa.  

Your visa application must include, evidence of your relationship with the primary visa holder. Evidence can include, but is not limited to:  

·        a description of your partnership, including details of any previous shared living arrangements

·        any supporting documentation demonstrating your partnership — including marriage certificate or joint bank account

·        travel movements of you and your partner

·        evidence your partner supports your travel to New Zealand

·        any other evidence showing a commitment to a shared life.

Based on the above wording, it would appears that, unlike the previous exemption mentioned above, in this case the overseas based partner or dependent child does not need to currently hold a visa – only their NZ based partner/parent must hold a visa (and it must be valid for 12 months or more after the date the request to travel is submitted).

 3. Partners and dependent children of highly-skilled workers 

INZ has advised as follows in respect of this exemption category:

To be eligible to enter New Zealand, you must: 

·        be the partner or dependent child of a person who is currently in New Zealand on a temporary visa.

The person in New Zealand must: 

·        be currently living and employed in New Zealand, and

·        earn at least twice the median salary — currently NZD $106,080 per year

·        hold a visa that is valid for 12 months or more after the date the request to travel is submitted.

The person in New Zealand must also meet one or more of the following: 

·        they have unique experience and technical or specialist skills not readily obtainable in New Zealand

·        they have a role essential for the completion or continuation of a science programme under a government funded or partially government-funded contract, including research and development exchanges and partnerships, and have the support of the Science, Innovation and International Branch at MBIE to carry out this work

·        A role essential for the delivery or execution of one of the following:

o   an approved major infrastructure project, or a government approved event or a major government approved programme

o   an approved government-to-government agreement

o   work with a significant wider benefit to the national or regional economy.

In your request to travel you will be asked to provide information from the employer of the person in New Zealand to prove eligibility. 

If your request is successful, you will be invited to apply for a visa. Your visa application must provide evidence of your relationship with your partner or parent who is in New Zealand. This evidence can include, but is not limited to:  

·        a description of your partnership, including details of any previous shared living arrangements

·        any supporting documentation demonstrating your relationship — including marriage certificate or joint bank account, birth certificates for dependent children

·        travel movements of you and your partner or parent

·        evidence your partner supports your travel to New Zealand

·        any other evidence showing a commitment to a shared life.

This category will be exceptionally difficult for most applicants to meet. Basically, not only must the NZ based partner be earning at least $106,080 per annum but they also must meet the same criteria that INZ already currently applies to determining applications under the “Other Critical Worker” category of Critical Purpose Visitor Visa, which is itself a very high threshold.

Feel free to contact me if you think you might meet the criteria under any of the above 3 exemption categories and would benefit from expert advice.