From Thursday 12 November, Immigration New Zealand (INZ) will no longer grant residence to parents and any other secondary applicants if a dependent child is unlawfully in New Zealand.
INZ announced the change on 10 November. It applies to resident visa applications made on or after 12 November. Applications lodged before that date will be decided under the rules that applied when they were made.
What is changing?
Until now, a parent could be granted residence even when their dependent child was in New Zealand without a valid visa.
INZ says this can happen when a child is brought to New Zealand on a short-term visa and then cannot meet the requirements for a longer-term visa, such as the Acceptable Standard of Health (ASH). Once the parent has residence, INZ says, the child's unlawful status can be harder to resolve, leaving family members with different immigration outcomes.
Under the new rule, the child's status has to be dealt with first. INZ's guidance says that if you applied for a resident visa on or after 12 November and you have a child unlawfully in New Zealand, your application cannot be approved until the child either gets another visa or leaves the country.
Will INZ decline straight away?
Not without warning. INZ says it will give applicants "the opportunity and time to respond" to concerns about a dependent child's immigration status before it makes a final decision. It also says parents should take "all reasonable steps" to regularise their child's status.
If an application is declined, it can still be appealed to the Immigration and Protection Tribunal where the applicant believes special circumstances apply.
What if the child's visa runs out during the application?
INZ's guidance covers this:
- If the child is included in your application, the application will be put on hold until the child gets a valid visa or leaves New Zealand.
- If the child is not included in your application, or you remove them from it, your application will be declined if the child stays in New Zealand unlawfully.
- If the child leaves New Zealand, your application may be approved as long as you meet all the other requirements.
Are there exceptions?
Yes, two are listed on INZ's website.
People applying for a Second or Subsequent Resident Visa, a Permanent Resident Visa or an Australian Resident Visa may still be eligible even if a dependent child is unlawfully in New Zealand.
There is also an exception for children aged 15 or younger. You can still be granted a resident visa while your child is here unlawfully if the child is 15 or under and you do not have the legal right to remove them from the country where custody or visitation rights were granted, or from their country of residence. INZ says it may ask for evidence, such as custody documents.
How can a child without a visa get one?
People who are in New Zealand unlawfully, including children, cannot apply for a visa in the usual way. INZ says you may be able to ask for a visa for them under section 61 of the Immigration Act 2009. INZ's page on staying after a visa expires explains how to make one.
INZ also says children who stay after their visa expires "must leave New Zealand immediately or they may be deported."
What should families check now?
- Find the expiry date on each child's visa. It is in the passport or in the eVisa letter INZ sent.
- If your child was born in New Zealand, check their status. INZ says some children born here may have been deemed to hold a visa.
- Check whether each child counts as a dependent child under INZ's definition, which is on its "Bringing children" page.
- If a child's visa has already expired, or will expire before a residence decision, get advice early. Only licensed immigration advisers and lawyers can give immigration advice in New Zealand.
The rule sits alongside other family visa changes taking effect this month. From 16 November there is a new student visa for children waiting on a parent's residence or citizenship application, and partner and child visa applications for families of New Zealanders move online.
