Dependent Child Visa

[alexlee]

Hi all

Just wondering if anyone can offer some advice? My husband is a NZ Citizen (but unable to pass on his citizenship to our kids) and I'm a NZ Permanent Resident. We're moving back to NZ soon but our kids only have British Passports. We've been advised that once we're back in NZ we need to apply for Residency for the kids under the Dependent Child category. Does anyone know if I can put the kids (aged currently 7, 4 and 2) on the one application or must I do one each? Apparently we'll also have to apply for a Student Visa for each of them in order to get them into school asap once we've arrived (well, for the elder two initially).

One of my concerns is what happens if the 6 month Visitor Visa runs out while they're still considering the Residence Visa for the kids?

Any information or advice gratefully received.

Thanks

[JandM]

Does anyone know if I can put the kids (aged currently 7, 4 and 2) on the one application or must I do one each?

You will need to do one each, as 'The principal applicant is the person who will be primarily assessed against the residence instructions. If this is you, you should fill in the application form.' A1 here. http://www.immigration.govt.nz/NR/rd.../0/INZ1002.pdf Obviously you will fill in the form and sign for each of them, as their parent, but each one is the principal applicant.

One of my concerns is what happens if the 6 month Visitor Visa runs out while they're still considering the Residence Visa for the kids?

You don't need to worry. 1) Family stream applications are dealt with very quickly, so this situation is extremely unlikely to arise. 2) You're going to be applying for a Student visa for your school age child (the 7-year-old - they don't require Student visas for under 5s now), so s/he will have that anyway, and the visitor visas for UK passport holders can readily be extended, especially as their Residence applications would be in anyway. http://www.dol.govt.nz/immigration/k...base/item/1112

[alexlee]

Thank you for this - yes, had rather suspected it was going to work out to be the expensive option. Presumably, once the younger children have residence, then I won't need a Student Visa anyway? It's been pointed out to me, which I hadn't even considered, that under normal circumstances, anyone coming into NZ on a Visitor Visa would need to have an onward ticket. Would you happen to know if there is anyway around this? Thanks again

[JandM]

Presumably, once the younger children have residence, then I won't need a Student Visa anyway?

That's correct - once they're residents, they can use the education system.

There isn't a way round the requirement for a ticket out (they wouldn't be allowed to board the plane without it). It's possible to get a return ticket that will give a refund on the unused half, but, depending on the prices you find, that's not always cheaper than just discarding it. Or some people have bought an onward ticket to Australia.

HOWEVER, a thought has struck me as I'm typing this. I believe I remember hearing of someone in your situation who talked to INZ and was allowed to apply for their children's Residence BEFORE they returned to NZ to live, on the strength of showing their own arrangements for making the move. (This doesn't appear in the official instructions, so it would be a matter of making a personal approach, and maybe asking to speak to a supervisor.) If you could do that, so your children could be Residents too, the question of return flights wouldn't arise.

Another thought - I suppose your children weren't born in NZ, were they?

[alexlee]

No, sadly kids were all born in the UK. Had we known about this issue with my husband's citizenship we could have applied to have it changed while we were living in NZ, but sadly it was never made known to his parents when they moved back to NZ in the '80s. I think the option of buying an onward flight to Oz would be the route we'd have to go unless we could somehow persuade INZ to allow us to apply for residency for the kids before we leave. Thanks for your comments and thoughts, they're much much appreciated!

[batgirl1001]

Could you enlighten me if the kids would be getting permanent residency or just residency where you need to fulfill a 2-year requirement of staying in NZ. I think we are somewhat in a similar situation, my son was born in Singapore and has yet to get his residency status. We - my husband, me and my daughter are all permanent residents of NZ.

It makes a big difference to us, as we are still 2 years away from returning to NZ although we plan to make a short trip at the end of this year to check on the building of our house.

If you can PM me about the outcome of your application for your kids residency, I'll be grateful.

Thanks.

[JandM]

The only mention in the regulations http://www.immigration.govt.nz/opsmanual/30892.htm is of Residence, not PR, so I think you'd have to assume the need for establishing commitment over two years for him to have PR. The child is principal applicant for one of these applications, so it's not the same situation as if a family is applying together, when their situation depends on a parent's - unless, of course, INZ would tell you differently. It would do no harm to ask them.

[batgirl1001]

I agree. Have forwarded such a question to INZ but have not received a reply for 2+ weeks now. There hasn't been much clarity in the information, whether it is residency or PR, and their outcome would be of interest to me to see what INZ does.