Legal Guardian

[ns0912]

Hi everyone,

My husband is a New Zealand citizen but I am not just yet. We are my brother's legal guardian as my parents are living in Vietnam and do not have ways to look after him. He is totally depend on us financially. Do you know if my brother can apply residency or at least student visa under domestic student under my husband status? or he has to wait for my status.

Thank you

[JandM]

How old is your brother, and what country is he living in right now?

[ns0912]

He is 13 years old. he has been in New Zealand with me nearly a year on normal student visa

[JandM]

Letting you know I've seen your reply. The INZ website is currently not available, but I'll have a look later, when I can.

[JandM]

Another clarification: are you and your husband BOTH named as your brother's legal guardians?

[ns0912]

Yes we are

[JandM]

I can't find anything in the regulations that refers to exactly your situation. It is unusual to be a legal guardian with full responsibility for the child when the natural parents are still alive. The only definite point seems to be that if you actually adopted your brother, he would be able to get Residence. It doesn't appear that your having citizenship, or not yet, would affect things at all.

I can only suggest that you should get in touch with Immigration NZ to ask about this. Be prepared to ask to speak to someone senior, because your case definitely isn't within the "normal" rules, and the people who first answer the phone won't have anything simple in their databases to tell you.

[ns0912]

Hi Thank you for your reply. I will get in touch with the immigration and check

[JandM]

Good luck, and do please come back and tell us how you get on.

[shawankit]

You may find this link with useful information, although it does not answer your question.
http://www.nzlii.org/nz/other/nzlc/pp/PP38/PP38-5_.html