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Residence : Contents

Partner's residence status

When a person with a partner applies for financial assistance from MSD, their partner can generally only be included in their payments (where applicable) if they are ordinarily resident in New Zealand and are a New Zealand citizen or residence class visa holder.

This means a partner cannot be included in a person's financial assistance when the partner:

  • is a temporary entry class visa holder or
  • is resident or present in New Zealand unlawfully or
  • is ordinarily resident overseas (including when they intend to live in New Zealand but have not arrived yet) or
  • does not meet any other residence requirements specific to that assistance

In some situations, a partner may separately qualify for specific assistance. For example:

Rate of benefit if partner does not qualify

The partner's residence status and reasons for the partner not meeting the residence criteria must be considered when deciding the rate of payment.

The person who meets the residence criteria in this situation can generally be paid a single or sole parent rate (depending on their family circumstances). This includes when the partner is:

  • in New Zealand but does not meet the residence requirements or
  • overseas and cannot get to New Zealand due to circumstances beyond their control (e.g. they are detained in another country or overseas refugee camp, or have applied for a visa that has not been granted) or
  • missing or their whereabouts are unknown

In all other situations, if the person still considers themselves in a relationship, the rate payable is the applicable half couple's rate. This includes when the partner is living overseas and has no definite plans to move to New Zealand.

People who were getting a couple's rate of benefit before 8 August 2001, and had a partner who does not meet the residence requirements included in their benefit, will continue to be paid at the full couple rate until their benefit is cancelled.

Note even when a partner does not meet the residence requirements, all of the couple's income and assets are taken into consideration when assessing the rate payable.

For more information see:

Legislation

  • Determinations person is single or in de facto relationship section 8 Social Security Act 2018
  • General limitation on receiving benefit: persons unlawfully resident or present in New Zealand and persons holding temporary entry class visa section 19 Social Security Act 2018
  • MSD may refuse or cancel benefit if person not ordinarily resident in New Zealand section 204 Social Security Act 2018
  • General rule: benefit not payable while beneficiary absent from New Zealand section 219 Social Security Act 2018
  • Factors affecting benefits: absence from New Zealand subpart 6 Part 4, Social Security Regulations 2018
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A person can be a New Zealand citizen by either:

For New Zealand citizenship, New Zealand includes the self-governing states of:

Citizenship is granted by the Department of Internal Affairs.

Note people born in New Zealand, the Cook Islands, Niue, or Tokelau may not automatically be New Zealand citizens. To be considered a New Zealand citizen from birth, a person born on or after 1 January 2006 must have:

Temporary entry class visas are issued to people who have arrived in New Zealand legally, but are only allowed to stay for a temporary period for the duration and purposes indicated on the visa.

A temporary entry class visa means:

Legislation

A residence class visa means a:

A residence class visa allows people to live in New Zealand indefinitely. The visa also lets people work and study in New Zealand. There are different travel conditions based on the type of residence class visa.

Residence class visas are granted by Immigration New Zealand.

For the purpose of deciding if a person meets the residence criteria for financial assistance from MSD, people who ...