What impact does a break-up have on eligibility for citizenship?

A married couple moved to New Zealand together in pursuit of a better family life.  Their immigration applications were made on the basis of the husband’s skills and offer of employment.  Five years down the track, when both were permanent residents, the couple unfortunately parted ways.

The wife wanted to know if the separation from her husband would impact her planned application for citizenship.

In short, the separation won’t impact her immigration status or her application.

Residence is usually only revoked for something serious, like lying in an application for residence or committing a serious offence.  Provided any residence application she submitted was genuine at the time she submitted it, she should be fine.

A person may be eligible for a grant of New Zealand citizenship if they:

• Intend, if granted citizenship, to continue to reside in New Zealand;
• Are able to understand and speak  English;
• Are of good character;
• Understand the responsibilities and privileges of New Zealand citizenship;
• Have New Zealand residence; and
• Were physically present in New Zealand, and have had their New Zealand residence for the last five years before applying for citizenship.

So relationship status should not be relevant for citizenship.

Please note that Rainey Collins is not contracted to provide Legal Aid, other than in the Treaty of Waitangi area.  We therefore are unable to take on any Civil or Family Legal Aid work. If you require Legal Aid in those areas, you can search the list of Legal Aid lawyers on the Ministry of Justice website.