New Zealand updates immigration rules for families with unlawfully staying dependent children

New Zealand will introduce stricter residence visa rules from November 12, preventing parents and other secondary applicants from being granted residence if their dependent children are unlawfully staying in the country. The change, announced by Immigration New Zealand (INZ) on November 10, requires families to address their children's immigration status before their residence applications can be approved.

According to INZ, applicants will be given an opportunity and sufficient time to respond to concerns regarding their dependent child's immigration status before a final decision is made. The authority has also advised parents to take all reasonable steps to regularise their children's status to avoid complications with their residence applications.

The new rules will apply to residence visa applications submitted on or after November 12. Applications lodged before the deadline will continue to be assessed under the immigration rules that were in place when they were submitted.

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Why is New Zealand changing its residence visa rules?

Under the existing rules, parents could be granted residence even if their dependent children were unlawfully present in New Zealand. This could happen when a child entered the country on a short-term visa but could not qualify for a longer-term visa because they failed to meet certain requirements, such as the Acceptable Standard of Health (ASH).

In such cases, parents could obtain residence while their children's immigration status remained unresolved. This could make it more difficult to regularise the children's status later, potentially leaving family members with different immigration outcomes.

The revised policy aims to address this situation by ensuring that a dependent child's unlawful immigration status is resolved before residence is granted to the parent and other secondary applicants.

What should parents do if their child's visa has expired?

Immigration New Zealand advises parents to check their children's visa conditions and expiry dates carefully. Children must hold a valid visa or be New Zealand citizens to remain in the country lawfully.

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If a child's visa has expired, the family should explore the available options to resolve the situation. Under INZ guidance, a person who is unlawfully in New Zealand generally cannot apply for a visa through the usual process, although a request under Section 61 of the Immigration Act 2009 may be possible in certain circumstances.

The rules also provide exceptions in specific cases. Parents applying for a Second or Subsequent Resident Visa or a Permanent Resident Visa may still be eligible despite a dependent child's unlawful status. An exception may also apply when a dependent child is aged 15 or younger, and the parent does not have the legal right to remove the child from the country where custody or visitation rights were granted, or from the child's country of residence.