Hello everyone,

Just want to seek clarification regarding the below instruction and if you had a similar experience, please feel free to share.

R2.40 Mandatory requirements for lodging an application for a residence class visa

d. include all dependants of the principal applicant where they hold or have applied for a temporary entry class visa based on their relationship to the principal applicant

If the CO required me to include my partner and my partner does not hold any visa as of the moment and have never held any visa based on our partnership but applied before for a visa based on our partnership but those visas were declined, is it mandatory to include him?

Below is a Visa Pak they released as well on how to interpret, are the COs bound by the below interpretation?

R2.40 d – What is meant by ‘has applied for a visa’?
A residence class visa application must include any dependent children or partner of the principal applicant, where the child or
partner holds or has applied for a temporary entry class visa based on their relationship to the principal applicant (Regulation 20
of the Immigration (Visa, Entry Permission, and Related Matters) Regulations 2010 (the Regulations), which is reproduced at R2.40
d).

‘Has applied for’ means has applied for a temporary entry class visa at the time the residence class visa application is lodged. This
means that the partner or dependent child(ren) who have an undecided application for a temporary entry class visa (which is
based on a relationship to the principal applicant) being considered by Immigration New Zealand when the residence class visa
application is lodged, must be included in that residence class visa application.

A partner or dependent child who has applied in the past for a visa based on their relationship to the principal applicant for a
residence class visa, but who does not currently hold a visa based on that relationship and does not have an application based on
that relationship being processed, does not have to be included in the residence application under Regulation 20 (as reproduced
at R2.40 d).

Thank you very much.