De Facto or Married? Which Partnership Visa Category Is Right for You?

New Zealand immigration law recognises three types of partnership: marriage, civil union, and de facto relationship. All three can support a partnership visa application. However, the eligibility requirements differ between them — and choosing the wrong category, or applying before you meet the threshold for your category, is one of the most common and avoidable mistakes applicants make.

This guide explains the distinction, the specific requirements for each, and how to decide which pathway applies to your situation.

The Three Recognised Partnership Types

Marriage

A legal marriage, whether conducted in New Zealand or overseas, is recognised by INZ provided it is valid under the law of the country where it took place and would be recognised as valid under New Zealand law. Same-sex marriages are recognised.

Civil Union

A civil union registered in New Zealand or a legally recognised equivalent in another country is treated similarly to marriage for partnership visa purposes.

De Facto Relationship

A de facto relationship is a committed relationship between two people who are not married or in a civil union but who live together as a couple. INZ’s instructions define this as living together in a genuine and stable partnership.

The Critical Difference: The 12-Month Cohabitation Requirement

This is the most important distinction between categories, and the one that catches the most applicants off guard.

For a de facto partner applying for a residence visa, INZ requires evidence of at least 12 months of cohabitation — living together — at the time of application. This is a hard requirement, not a guideline. An application lodged before that threshold is met is likely to be declined, regardless of how strong the relationship evidence is in other respects.

For married or civil union partners, there is no equivalent 12-month cohabitation requirement. The marriage itself is the formal legal recognition of the relationship. However — and this matters — INZ still requires evidence that the relationship is genuine and stable. Marriage alone is not sufficient. A recently married couple with limited shared history will need to demonstrate the substance of their relationship through evidence, not just a marriage certificate.

What This Means in Practice

If you are de facto and have been living together for less than 12 months:

You are not yet eligible for a partnership residence visa. You may be eligible for a partnership-based work visa or visitor visa as an interim step while you build toward the 12-month threshold, but you should not apply for residence before meeting the cohabitation requirement.

If you are de facto and have been living together for more than 12 months:

You are eligible to apply for a partnership residence visa, provided you can document the cohabitation period with objective evidence — joint tenancy agreements, shared utility bills, bank statements showing the same address, and similar records.

If you are married:

You are eligible to apply for a partnership residence visa without a specific cohabitation period. However, your application must still demonstrate that the marriage is genuine and stable, not a marriage of convenience. A recently married couple applying immediately after the wedding will need particularly strong supporting evidence.

A Practical Decision Guide

Ask yourself the following questions before selecting a category:

Are you legally married or in a civil union? If yes, apply under the married/civil union category.

Are you in a de facto relationship? If yes, have you been living together for at least 12 months? If yes, you may proceed to a residence application. If no, consider a temporary visa pathway first and apply for residence once the 12-month threshold is met.

If you are uncertain whether your relationship legally qualifies as a de facto relationship under New Zealand immigration instructions, seek advice before lodging an application. The consequences of applying under the wrong category — or before you meet the threshold — include delay, additional evidentiary requirements, and potential decline.

Do Not Conflate “Together” with “Living Together”

INZ uses cohabitation in a specific sense: actually residing at the same address. A couple who have been in a committed relationship for several years but have maintained separate residences — even if they spend significant time together — may not meet the de facto cohabitation requirement. This distinction is particularly relevant for couples where one or both partners had visa restrictions that prevented them from living together, or where housing circumstances kept them at different addresses.

Document your living arrangements carefully and accurately. Overstating cohabitation in an application is a serious matter under New Zealand immigration law.

Speak with an Adviser Before You Decide

The choice between categories has real consequences for your eligibility timeline and the evidence you need. If you are not certain which category applies to you, or whether you meet the relevant threshold, a Licensed Immigration Adviser can review your circumstances and advise you before you commit to an application strategy.

This article is provided for general information purposes only and does not constitute immigration advice under the Immigration Advisers Licensing Act 2007. Immigration policies are subject to change. For advice specific to your circumstances, contact a Licensed Immigration Adviser.