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When partnership visas go wrong

A partner on the wrong visa, locked out of residence

A Dunedin couple who had put down roots over three and a half years were shocked to find themselves shut out of a one-off resident visa, because one partner held a student visa rather than an eligible category. It shows how the type of visa you are on can quietly decide whether a residence pathway is open to you at all.

What happened

  • One partner held a family and partner open work visa; the other was a PhD student at the University of Otago on a student visa.
  • A one-off resident visa was announced for up to 165,000 migrants, but student visa holders were not eligible unless they were the partner or dependant of another eligible applicant.
  • Despite years of work, study and community involvement, the couple were left out in the cold by the category rules.
Otago Daily Times news card headlined 'Visa exclusion shocks Dunedin couple', about Mr Fatemi who holds a family and partner open work visa.

As reported by Otago Daily Times, 24 October 2021: Visa exclusion shocks Dunedin couple.

The lesson

Eligibility for residence often turns on the exact visa each partner holds, not just on how settled or genuine the couple is. A partner on the wrong visa type can be locked out of a pathway the other could use. Before you rely on a residence route, have someone check it against both partners' actual visas, so a category technicality does not surprise you.

The visa in this story

Partner of a Student Work Visa

An open work visa for the partner of an eligible international student studying in New Zealand.

Don’t let this be your story

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Written by Michael Yoon, Immigration Lawyer, MyLaw · Last reviewed 28 June 2026

This is our summary and commentary on a published news report, for general information. It is not advice on your situation and does not create a solicitor-client relationship. This page is general information, not immigration or legal advice. For advice on your situation, talk to MyLaw. Reading it does not create a solicitor–client relationship.