Navigating the end of a relationship can be emotionally challenging, but if you hold a New Zealand Partnership Based Visa, it also raises critical legal and immigration implications. At Immigration Chambers, we understand how complex and urgent your situation may feel. In this guide, we provide authoritative and comprehensive information to help you understand your rights, obligations, and available pathways when your relationship ends while holding or applying for a Partnership Based Visa in New Zealand.
Impact on Temporary Visas After Relationship Breakdown
Partnership Based Work and Visitor Visas
If your visa was granted based on a genuine and stable relationship, the termination of that relationship may render you ineligible to remain in New Zealand on the same basis.
Key facts:
- If your partnership ends while you hold a work visa or visitor visa based on that partnership, your visa no longer meets the conditions under which it was issued.
- You are expected to inform Immigration New Zealand (INZ) of this change in circumstances immediately.
- Remaining in New Zealand without updating your visa situation may make you liable for deportation.
Your Options Post-Breakup
If your partnership ends, you may apply for a new visa under a different category, such as:
- Visitor Visa in your own right (e.g., tourism or to prepare for departure)
- Essential Skills Work Visa, if you have a job offer from an accredited employer
- Student Visa, if you wish to pursue further education
We strongly advise applying for a new visa before your current visa expires to avoid unlawful status and deportation risk.
What If You’re in the Process of Applying for a Partnership Based Visa?
If you’ve submitted a Partnership Based Visa application and your relationship ends before a decision is made, you must notify INZ immediately. Failing to do so constitutes misrepresentation, which may:
- Result in visa refusal
- Negatively affect future visa applications
- Lead to a potential ban from reapplying within a certain time frame
Being transparent about your situation allows you the opportunity to discuss alternative visa options or withdraw the application without legal consequences.
Related article: What to do if My New Zealand Visa is Declined?
What Happens to Your Resident Visa After Relationship Breakdown?
Resident Visa Holders
If you already hold a resident visa granted on the basis of partnership (either directly or by being included in your partner’s application), your visa status is generally not affected if the relationship ends after approval.
You can:
- Continue living in New Zealand legally
- Apply for a Permanent Resident Visa New Zealand if you meet other eligibility requirements
However, if you’re planning to apply for a Permanent Resident Visa (PRV) soon, note:
- Your continued relationship with the sponsoring partner is not a requirement for Permanent Resident Visa eligibility
- You must still meet the general conditions of residence such as time spent in New Zealand and good character
Can You Still Apply for a Permanent Resident Visa After Separation?
Yes. If you hold a resident visa that was granted based on partnership, you can still apply for a Permanent Resident Visa New Zealand even if the relationship has ended, provided that you meet all other requirements, including:
- You’ve held your resident visa for at least 24 months
- You’ve spent sufficient time in New Zealand (at least 184 days per year for each of the 2 years)
- You can demonstrate an intention to stay or commitment to New Zealand
Important Caveat:
If Immigration suspects your relationship was not genuine at the time of your original resident visa application, they may investigate. This can jeopardize your Permanent Resident Visa application and may even lead to revocation of your current resident status.
How Immigration Chambers Can Help?
At Immigration Chambers, we provide trusted immigration legal support tailored to your individual situation. Whether you’re dealing with a recent breakup or a complicated visa situation, we can:
- Assess your current visa status
- Help you apply for a new visa category
- Assist in preparing your Permanent Resident Visa application
- Represent you if you’re facing a deportation risk
- Handle Potentially Prejudicial Information (PPI) letters with urgency and expertise
Recommended Next Steps
1. Notify Immigration New Zealand
Change in relationship status must be reported immediately to avoid legal issues.
2. Consult with an Immigration Lawyer
Seek legal advice from the Best Immigration Lawyer in New Zealand to explore visa alternatives and secure your stay.
3. Apply for an Independent Visa
Don’t wait for your visa to expire. Applying early improves your chances of success.
Final Thoughts
Ending a relationship can be destabilizing, especially when your visa depends on it. However, the end of a partnership does not necessarily mean the end of your stay in New Zealand. Knowing your rights and options allows you to take timely and effective action.
At Immigration Chambers, we are committed to safeguarding your immigration journey even during personal upheaval. Our team of licensed professionals and immigration lawyers can guide you through every step, ensuring your status, rights, and future remain protected.
Need assistance today?
Contact Immigration Chambers for a confidential consultation. Let us help you stay in control of your immigration future.
Frequently Asked Questions (FAQs)
Q1: Will my New Zealand resident visa be cancelled if my partnership ends?
A: No, once your resident visa is granted based on a genuine partnership, it remains valid even if the relationship ends later.
Q2: Can I still apply for a Permanent Resident Visa if I am no longer in the relationship that supported my residency?
A: Yes, you can apply for a Permanent Resident Visa as long as you meet all standard criteria, such as holding a resident visa for at least two years and showing commitment to New Zealand.
Q3: Do I need to inform Immigration New Zealand if I separate from my partner after receiving my resident visa?
A: Generally, you are not required to inform INZ unless your current visa conditions depend on the relationship. For Permanent Resident Visa applications, you should answer truthfully if asked about your relationship status.
Q4: What if Immigration New Zealand asks about my relationship status when I apply for a Permanent Resident Visa?
A: Simply be honest and provide the facts. If your resident visa was granted on a genuine basis and you now meet the requirements for a Permanent Resident Visa, the end of the relationship does not negatively affect your eligibility.
Q5: What are the main requirements for getting a Permanent Resident Visa in New Zealand?
You must:
- Hold your resident visa for at least two years,
- Meet visa conditions, and
- Show commitment to New Zealand (e.g., by living here, paying taxes, or investing).