Partnership Visa Break-up: What Happens If Your Relationship Ends

If you applied for a Partnership Visa and the relationship ended before a decision was made, you must inform Immigration New Zealand.

Not telling them is treated as withholding relevant information from your application. That can be treated as a character issue, which may affect not just this application but any future application you make to Immigration New Zealand.

Once Immigration New Zealand learns that the relationship has ended, the application will be declined. That is the standard outcome. The visa was applied for on the basis of the relationship, and the relationship is the basis on which the visa would have been granted.

If your circumstances are complex (for example, you may have other visa options, or the relationship ended due to family violence), get advice before notifying Immigration New Zealand. The order in which things happen can matter.

If you hold a Partner of a New Zealander Work Visa or Visitor Visa, your visa was granted on the basis of that relationship.

An end to your relationship can affect your immigration status and your ability to remain in New Zealand. You may need to apply for another visa or leave New Zealand. In some cases, a change in circumstances can lead to deportation proceedings if not handled correctly.

You should seek advice about your options as soon as possible. There may be other visa pathways available depending on your situation, your employment, your study, or whether family violence is a factor.

If you were granted a Partner of a New Zealander Resident Visa while you were already in New Zealand, your residence is generally not affected if the relationship ends after the visa was granted.

This is one of the most common worries we hear from people in this position. The reassuring answer is that if your relationship was genuine at the time the visa was granted, you can continue to live in New Zealand legally. Immigration New Zealand does not retrospectively cancel residence because a relationship ended after the visa was approved.

What does matter:

• The relationship needs to have been genuine at the time the visa was granted. If Immigration New Zealand later forms a view that the relationship was not genuine, that is a different situation.
• Standard residence conditions still apply (for example, travel conditions on a non-permanent Resident Visa).

If the relationship ended close to the date the visa was granted, talk to a licensed immigration adviser before doing anything else.

This scenario is different from the one above, and it is the scenario most other visa guides miss.

If you were granted a Partner of a New Zealander Resident Visa while you were outside New Zealand, and you have not yet entered New Zealand on that visa, you are required to inform Immigration New Zealand of any relationship change before you travel.

Once Immigration New Zealand learns the relationship has ended, they have the power to cancel your Resident Visa while you are still offshore. Unlike the onshore situation, the visa has not yet been activated by your arrival, which is what makes this scenario different.

If your partnership ended because of family violence, there is a separate Resident Visa pathway for this situation.

The Victims of Family Violence Resident Visa is for people whose relationship with a New Zealand citizen or resident has ended because of family violence, and who may face significant difficulties returning to their home country.

What is true about this pathway:

• It exists specifically because Immigration New Zealand recognises the importance of giving people in this situation a way to remain in New Zealand without being trapped by their visa status.
• New Zealand recognises a broad definition of family violence, including physical, psychological, and sexual abuse.
• A criminal conviction against your former partner is not required for you to apply under this pathway. Many successful applications do not involve any criminal proceedings.

What requires specialist advice:

• Whether your specific circumstances meet the eligibility criteria.
• What evidence is appropriate to provide.
• How to present the application.

If family violence is a factor in your situation, get specialist advice as early as possible. These cases are complex, and they are also some of the most time-sensitive partnership-related cases. The decisions made in the first few weeks can significantly affect the path forward.

This section is mainly relevant for the New Zealand citizen or resident partner.

Immigration New Zealand limits how often a New Zealand citizen or resident can support a partner for a Resident Visa. If you have supported a partner for a successful residence visa application, you cannot support another partner for residence for at least 5 years.

There is also a lifetime limit. A New Zealand citizen or resident can support a maximum of two partners for residence over their lifetime.

These rules matter if:

• You are the New Zealand citizen or resident partner and you may want to support a new partner for residence in the future.
• You are an applicant whose New Zealand partner has supported a previous partner.

If you are an applicant and your supporting partner has supported a previous partner before, you may not be able to apply for residence until your New Zealand partner becomes eligible to support you – that is, five years after they previously acted as a partner in a successful resident visa application.

A few things change when Permanent Resident Visa (PRV) status is in play.

Permanent Resident Visa eligibility

A Permanent Resident Visa  (PRV) removes travel conditions and allows you to travel in and out of New Zealand indefinitely. Eligibility for a PRV is based on meeting commitment requirements after being granted a Resident Visa, not on the continuation of the partnership.

So if your relationship ends after you have been granted residence, you may still be eligible to apply for a PRV in the future based on your own time spent in New Zealand or your ties there.

Children’s PRV applications

If your children were included in your original resident visa application, their eligibility for a PRV depends on whether you are eligible for a PRV.

However, if they applied separately from you (for example, they were approved resident visas under the Dependent Child Category), they will need to qualify for PRVs in their own right – which means they need to have spent at least 184 days in New Zealand holding resident visas in each of the two 12-month periods before their PRV application.

Eligibility depends on your individual situation, so get advice if children or PRV status are involved.

A few things we see come up regularly that are worth clarifying:

• “If I separate, my residence is automatically cancelled.” Generally false for onshore-granted residence. Immigration New Zealand does not retrospectively cancel a Resident Visa because the relationship ended after the visa was approved, provided the relationship was genuine at the time of approval.
• “I have to leave the country immediately.” Usually false. Depending on which visa you hold and your circumstances, you may have time to apply for another visa, transition to a different pathway, or seek advice. The right next step depends on your situation.
• “The Victims of Family Violence Resident Visa requires a criminal conviction against my former partner.” False. A criminal conviction is not required. Many successful applications under this pathway do not involve criminal proceedings against the former partner.
• “I can keep it quiet until I am settled.” High risk. If you have a current Partnership Visa application or hold a Partnership Visa, not informing Immigration New Zealand of a relationship change is treated as withholding relevant information. That can be treated as a character issue and may affect future applications. Or, if you are approved residence while withholding relevant information, INZ may commence deportation proceedings.