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A dependent visa in New Zealand lets eligible family members join a primary visa holder who is living or working in the country. In Upper Hutt - which is part of the Wellington region - dependent visas typically cover partners and dependent children of holders of work visas, student visas, and some resident visas. The rules that apply in Upper Hutt are the same as those elsewhere in New Zealand because immigration law is set at the national level. Local services in Upper Hutt can help with document certification, community advice, and referrals to legal or licensed immigration advisers when people need professional support.
This guide explains the key legal concepts, common reasons to seek a lawyer, the legal framework you should know about, frequently asked questions, practical next steps, and local resources that can help you get reliable immigration advice.
Many dependent visa applications are straightforward and can be managed by applicants or with help from a licensed immigration adviser. There are, however, several situations where a lawyer can be particularly valuable:
- Complex relationship or sponsorship issues - for example, when a partner relationship is not long-established, when there are allegations of sham relationships, or when previous visas were refused for relationship doubts.
- Refusals, cancellations, detention, or deportation risk - a lawyer can prepare appeals or judicial reviews and advise on urgent remedies.
- Serious criminal or character concerns - where police records or past convictions exist, legal advice is essential to assess eligibility and present the strongest case.
- Child custody or guardianship matters that overlap with immigration - such disputes can affect a dependent child visa and may require legal coordination across family law and immigration law.
- Complex or high-value residence pathways - where a dependent visa forms part of a wider residence strategy under skilled or family categories.
- When the applicant prefers a lawyer because they can also provide broader legal services - for example, contracting, employment, family law or property advice linked to immigration status.
Immigration law in New Zealand is primarily governed by the Immigration Act 2009 and accompanying regulations and instructions. Key aspects relevant to dependent visas include the following.
- Eligibility and definition - dependents usually include a partner in a genuine and stable relationship and dependent children under certain age and support conditions. The exact definitions and thresholds are set out in immigration instructions.
- Sponsorship and obligations - most family-based dependent visas require a sponsoring primary visa holder. Sponsors may have obligations and must meet specific visa conditions for their own status to support family members.
- Health and character requirements - all applicants must meet public health and character standards. This commonly involves medical checks, chest x-rays for certain ages, and police certificates from relevant countries of residence.
- Work and study rights - dependent visas can come with or without permission to work or study. Whether a partner may work depends on the primary visa type, the sponsor's earnings in some cases, and current immigration policy settings.
- Processing and evidence standards - Immigration New Zealand expects clear documentary evidence of relationships, age, dependency and identity. Evidence must be reliable, translated where necessary, and may be verified.
- Review and appeal pathways - if a visa is declined or cancelled there are statutory review and appeal processes. The Immigration and Protection Tribunal hears many appeals. Judicial review in the High Court is another remedy in limited circumstances.
- Licensed advice and professional conduct - paid immigration advice in New Zealand must be given by a licensed immigration adviser or by a lawyer who is entitled to give legal advice. The regulatory regime is designed to protect consumers and maintain standards of professional practice.
Dependents usually include a spouse or partner in a genuine and stable relationship and children who meet the definition of dependent - commonly under a set maximum age and financially dependent. The precise definitions depend on the applicable immigration instructions and the primary visa category.
Not automatically. Whether a partner can work depends on the type of visa held by the sponsor and on specific policy criteria, such as the sponsor meeting a minimum income threshold or holding a specific class of work visa. You must check the conditions attached to the dependent visa when it is granted.
Typical evidence includes joint bank accounts, a shared lease or mortgage, joint bills, photos showing a genuine relationship, statutory declarations from friends or family, correspondence, and travel records. When relationships are newer, more detailed and corroborative evidence is often needed.
Processing times vary with the visa category, the completeness of the application, and current INZ workload. Simple cases may take weeks, while complex cases or those requiring checks can take months. Expect longer times if additional information or overseas checks are required.
If a dependent visa is refused you will receive written reasons for the decision. Depending on the type of decision, you may have a right to seek a review by the Immigration and Protection Tribunal or apply for a reconsideration. In some cases judicial review to the High Court may be a later option. A lawyer or licensed adviser can assess remedies and time limits.
Children still need certain medical checks, which are usually less extensive than for adults. Police certificates are not always required for young children, but requirements vary with age, country of previous residence and the specific visa instructions. Always check the exact requirements for each child.
Yes - dependents can pursue residence pathways in New Zealand, including partnership-based residence applications and family categories. Eligibility will depend on the sponsor's residence status, the length and genuineness of the relationship, and other criteria in the relevant residence instructions.
Yes - paid immigration advice must be provided by a licensed immigration adviser or a lawyer qualified to provide immigration law services. Check a professional's licence or practising status, ask about fees and engagement terms, and request references or client testimonials. Lawyers are able to provide both immigration and related legal advice if you need it.
Do not ignore official communications. Read the notice carefully, note any deadlines, and seek professional advice promptly if the matter is complex, involves potential refusal or cancellation, or if detention or deportation is mentioned. Responding promptly and providing requested information can be critical.
Yes. Local community organisations, Citizens Advice Bureau branches, and regional community law services can help with basic information, document support and referrals. For complex legal matters you should consider a consultation with a licensed immigration adviser or a lawyer familiar with immigration law in New Zealand.
Below are the names of national and local organisations that are helpful when dealing with dependent visas in Upper Hutt.
- Immigration New Zealand - the government agency that makes visa decisions and publishes instructions on visa classes and requirements.
- Immigration and Protection Tribunal - the body that hears many immigration-related appeals and reviews.
- Immigration Advisers Authority - the regulator for licensed immigration advisers in New Zealand.
- New Zealand Law Society - professional body for lawyers, where you can find or verify a lawyer's practising status.
- Community Law Wellington and Hutt Valley - a local community law service that provides free and low-cost legal help for eligible people.
- Upper Hutt Citizens Advice Bureau and other CAB branches - for basic information and referrals.
- Upper Hutt City Council - for local administrative services, not immigration decisions, but useful for settling-in support.
- New Zealand Police - for police certificates and criminal record checks that are often required for visa applications.
- Ministry of Health and ACC - for health-related procedures and information about health entitlements in New Zealand.
If you need legal assistance with a dependent visa in Upper Hutt follow these practical next steps:
- Gather core documents - passports, birth certificates, marriage or civil union certificates, proof of relationship, proof of the sponsor's visa and employment, and any previous immigration decisions.
- Check the exact visa instructions - identify which dependent visa category applies to your situation and what evidence is required. Visit Immigration New Zealand for the current requirements or consult a professional.
- Decide on professional help - for straightforward cases you may use a licensed immigration adviser or self-help resources. For refusals, legal complexities, criminal or family law overlap, contact a lawyer experienced in immigration law.
- Verify credentials - if you hire someone confirm that a licensed immigration adviser has a current licence or that a lawyer is a current practising member of the New Zealand Law Society.
- Prepare for costs and timelines - ask for a written fee estimate, an explanation of likely timelines, and what will happen if more information is requested by immigration authorities.
- Act promptly if you receive a decision - read any decision and deadline carefully. If a visa is declined, seek advice quickly to preserve rights of review or appeal.
Finally, remember that this guide provides general information and not legal advice. If your case is complex or urgent, arrange a consultation with a qualified lawyer or a licensed immigration adviser so you get tailored, professional guidance for your specific circumstances.
