Resident/SMC application 99% processed - can I exclude my dependent child and apply for her PR later?

[Sailor]

Hi All,

Our application for Residency under the SMC is almost complete (according to the Case Officer) but there is just one pending item: they are questioning about our custody arrangements with my step-daughter who is now 15 years old. This is because parents of children under 16 years old must provide evidence of the rights to remove the child from their home country.

We definitely have the right to do so - otherwise we wouldn't be in New Zealand already for 5 years (on work visas) and my daughter would have left our home country in the first place (multiple times), nor been granted student visas (domestic) previously...

However, if I N Z does not accept this and we have to provide additional documents from our country, this will take several months.

Considering that she will turn 16 in 9 months, can I exclude her from the application now, leaving her with her current student visa (based on my wife's work visa) which is valid for other 15 months, and apply for her residence in 9 months, when she will be 16 years old and will no longer be required to provide custody documents?

Any suggestions are welcome.

Many thanks

[ChrisMwn]

You might have some options. If you receive an AIP (approval in principle) subject to providing custody documents, you then have 6 months in which to have the visas issued. Personally I would adopt whatever delaying tactic you can, till your daughter turned 16 and can then be approved, rather than withdrawing her from the application (unless there are other reasons for you to get residence as soon as possible.)..or just wait a few months and provide the documentation they are asking for.

[Sailor]

Thanks, ChrisMwn. I am considering that and trying to have a better understanding on how difficult it will be to get the required documents from offshore. Thanks for your input!

[Auburn]

I found out today that I'm in the same boat as you, Sailor! (Seriously, no pun was originally intended). My kiddo has had two Student Visas...first domestic issued (USA) and second here. My divorce decree didn't specify who had custody, and I'm having to explain and provide documentation related to a child support continuous withholding order that's written into every divorce with children involved, but doesn't mean anything because it was written on an as needed basis. We'll see how I get on...

*excuse any funky typos or weird formatting...on stupid phone*