The Difference between Marriage and De Facto Relationships in Visa Applications

This article explores the difference between marriage and de facto relationships in partnership visa applications to Immigration NZ. This includes a discussion of the relevance and significance of marriage to a partnership visa application and the types of evidence required.

Is marriage a requirement for a NZ partnership visa?

No. Unlike many countries, marriage is not a requirement to be eligible for a New Zealand Partnership Based Visa. What is required instead is that you demonstrate you and your eligible supporting partner are “living in a partnership that is genuine and stable”. A “partnership” in this context includes:

•  a legal marriage

• a civil union

• a de facto relationship.

 Immigration NZ defines a partnership as “genuine and stable” if it is:

•  genuine, because it has been entered into with the intention of being maintained on a long-term and exclusive basis; and

• stable because it is likely to endure.

 Is marriage nevertheless important?

Although marriage is not a requirement for an NZ partnership visa application, it can be an important indicator to an immigration officer that the relationship is genuine and stable.

When assessing an NZ partnership visa application, an immigration officer will consider the following factors with respect to the relationship: 

• the duration of the relationship

• the existence, nature, and extent of the couple’s common residence

• the degree of financial dependence or interdependence and any arrangements for financial support between the partners

• the common ownership, use, and acquisition of property

• the degree of commitment to a shared life

• children of the partnership, including the common care and support of such children

• the performance of common household duties by the partners and

• the reputation and public aspects of the relationship

 Whether or not a couple is married is relevant to a number of the above-listed factors, including the degree of commitment to a shared life, financial dependence or interdependence, and the reputation and public aspects of their relationship. 

 If the marriage was culturally arranged, this can be a particularly strong indicator of a relationship’s genuineness and stability.

However, obviously, just because a couple is married doesn’t automatically mean their relationship is “genuine and stable”. This might be for a whole host of reasons, ranging from the more extreme (e.g. where l incidences of domestic violence have been reported to the police) to the more subtle reasons (e.g. where a couple’s social media posts or other information obtained by INZ suggests the partnership may not be exclusive or genuine).

Can marriage ever be a negative factor in an immigration officer’s assessment of the relationship?

Yes, there could be circumstances where a couple’s marriage raises a “red flag” to an immigration officer. 

For example, if the immigration officer had reason to suspect the marriage was entered into for the purposes of securing a visa, then that would certainly raise credibility concerns and likely result in the application being declined. 

When recently acting for a client in their partnership visa application, I came across a potentially problematic ‘off-hand’ remark in their support letter for their application, which, in my view, could have led to an immigration officer questioning the couple’s motives for marrying. After raising the issue with the client, it turned out it was simply a case of poor letter drafting, and fortunately, the client was able to rephrase that section of the letter, and the potential issue was averted.

What evidence of marriage is required?

It’s important to note that if your partnership application is based on a marriage relationship (rather than, say, a de facto one), then evidence of your marriage must be provided with your partnership visa application.

Also, if you or your partner have been married previously, you will also be required to provide INZ with a copy of the divorce/dissolution of marriage document with respect to your previous marriage.

Failure to provide these documents will likely result in a declined visa application.

Conclusion

Marriage is not a requirement for an NZ partnership visa, and indeed, most of the clients for whom I have successfully applied for an NZ partnership visa have not been married. However, marriage can be a strong indicator of the genuineness and stability of the relationship, particularly in certain circumstances. 

If you think you consider might be eligible to apply for an NZ partnership visa, get in touch for a free call.