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Thread: What is de facto relationship!?

  1. #1
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    Default What is de facto relationship!?

    Hi all, i recently want to apply for partnership visa and my partner is NZ resident. We are Christian and we believe that we should have sex when we get married. In this case, am I eligible to apply since we didn't have "sex"? Is that one of the requirements for de facto relationship? Thank you.

  2. #2
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    As per New Zealand Legislation website -

    http://www.legislation.govt.nz/act/p...DLM441113.html

  3. #3
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    Quote Originally Posted by John75 View Post
    Hi all, i recently want to apply for partnership visa and my partner is NZ resident. We are Christian and we believe that we should have sex when we get married. In this case, am I eligible to apply since we didn't have "sex"? Is that one of the requirements for de facto relationship? Thank you.
    INZ arent interested in what happens in a relationship. Their emphasis is on "living together in a genuine and stable relationship."

    I once presented a case for a same sex couple in their 80's who had lived together for 40 years in a purely platonic, mutually supportive relationship.

    Their instructions require consideration of the following:

    F2.30 Determining if the couple is living together in a partnership that is genuine and stable

    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:
    'Credibility': the principal applicant and the partner both separately and together, must be credible in any statements made and evidence presented by them.
    '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).
    'Genuine partnership': the principal applicant and partner must both be found to be genuine as to their:
    reasons for marrying, entering a civil union or entering into a de facto relationship; and
    intentions to maintain a long term partnership exclusive of others.
    '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.
    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)).

    F2.10 Definitions

    F2.10.1 Definition of 'genuine and stable' partnership

    A partnership is genuine and stable if an immigration officer is satisfied that it:

    is genuine, because it has been entered into with the intention of being maintained on a long-term and exclusive basis; and
    is stable, because it is likely to endure.



    F2.5 How do partners of New Zealand citizens and residents qualify for a residence class visa?

    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.
    For the purpose of these instructions 'partnership' means:
    a legal marriage; or
    a civil union; or
    a de facto relationship
    and 'partner' means one of the parties to such a partnership indicated in (i), (ii) and (iii) above.
    In each case the onus of proving that the partnership on which the application is based is genuine and stable lies with the principal applicant and their New Zealand partner.
    An application under Partnership Category will be declined if:
    the application is not supported by an eligible New Zealand citizen or resident partner; or
    an immigration officer is not satisfied that the partnership on which the application is based is genuine and stable; or
    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; or
    the application is based on marriage or a civil union to a New Zealand citizen or resident and either that New Zealand citizen or resident, or the principal applicant is already married to or in a civil union with another person; or
    both the principal applicant and the New Zealand citizen or resident partner cannot satisfy an immigration officer they comply with the minimum requirements for recognition of partnerships (see F2.15); or
    the applicant(s) does not meet health and character requirements (see A4 and A5).
    Applications for residence under Partnership Category will also be declined if the principal applicant was a partner to the eligible New Zealand partner but not declared on the eligible New Zealand partner’s application for a residence class visa (if applicable), unless an immigration officer is satisfied the non-declaration occurred with:
    no intention to mislead; and
    would not have resulted in a different outcome in the eligible New Zealand partner’s application.
    If both these clauses are met, an immigration officer should continue to assess the application and may approve it if all other requirements are met.

  4. #4
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    Quote Originally Posted by mayur1980 View Post
    As per New Zealand Legislation website -

    http://www.legislation.govt.nz/act/p...DLM441113.html
    Note that is for the purpose of the Property (Relationships) Act 1976, not necessarily what INZ consider.

  5. #5
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    Quote Originally Posted by ChrisMwn View Post
    INZ arent interested in what happens in a relationship. Their emphasis is on "living together in a genuine and stable relationship."

    I once presented a case for a same sex couple in their 80's who had lived together for 40 years in a purely platonic, mutually supportive relationship.

    Their instructions require consideration of the following:

    F2.30 Determining if the couple is living together in a partnership that is genuine and stable

    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:
    'Credibility': the principal applicant and the partner both separately and together, must be credible in any statements made and evidence presented by them.
    '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).
    'Genuine partnership': the principal applicant and partner must both be found to be genuine as to their:
    reasons for marrying, entering a civil union or entering into a de facto relationship; and
    intentions to maintain a long term partnership exclusive of others.
    '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.
    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)).

    F2.10 Definitions

    F2.10.1 Definition of 'genuine and stable' partnership

    A partnership is genuine and stable if an immigration officer is satisfied that it:

    is genuine, because it has been entered into with the intention of being maintained on a long-term and exclusive basis; and
    is stable, because it is likely to endure.



    F2.5 How do partners of New Zealand citizens and residents qualify for a residence class visa?

    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.
    For the purpose of these instructions 'partnership' means:
    a legal marriage; or
    a civil union; or
    a de facto relationship
    and 'partner' means one of the parties to such a partnership indicated in (i), (ii) and (iii) above.
    In each case the onus of proving that the partnership on which the application is based is genuine and stable lies with the principal applicant and their New Zealand partner.
    An application under Partnership Category will be declined if:
    the application is not supported by an eligible New Zealand citizen or resident partner; or
    an immigration officer is not satisfied that the partnership on which the application is based is genuine and stable; or
    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; or
    the application is based on marriage or a civil union to a New Zealand citizen or resident and either that New Zealand citizen or resident, or the principal applicant is already married to or in a civil union with another person; or
    both the principal applicant and the New Zealand citizen or resident partner cannot satisfy an immigration officer they comply with the minimum requirements for recognition of partnerships (see F2.15); or
    the applicant(s) does not meet health and character requirements (see A4 and A5).
    Applications for residence under Partnership Category will also be declined if the principal applicant was a partner to the eligible New Zealand partner but not declared on the eligible New Zealand partner’s application for a residence class visa (if applicable), unless an immigration officer is satisfied the non-declaration occurred with:
    no intention to mislead; and
    would not have resulted in a different outcome in the eligible New Zealand partner’s application.
    If both these clauses are met, an immigration officer should continue to assess the application and may approve it if all other requirements are met.
    Thank you so much for your explanation. I knew a few couples going to interviews and they have been asked questions in relation to sex. I know inz is not interested in what happens in relationship but what if they ask us questions like that?

  6. #6
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    Quote Originally Posted by John75 View Post
    Thank you so much for your explanation. I knew a few couples going to interviews and they have been asked questions in relation to sex. I know inz is not interested in what happens in relationship but what if they ask us questions like that?
    then like all questions you answer them truthfully and honestly. (explaining your beliefs if need be)

  7. #7
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    We are all born with original sin, brother. It is in our sinful nature to shack up and be intimate before marriage. As long as you have accepted Jesus into your heart as your one and only lord & saviour, everything will be forgiven and you and your partner will be cleansed of all sin.

    Also, until your visa's done, INZ are your lord & saviour, and you don't wanna mess with them. If I were in your place, I'd play it safe and have sex right away. Don't take any chances.

  8. #8
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    Oh, swearwolves, why aren't I surprised that it's you saying that?!

    John75, you need not take that "advice" to heart...

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