Baby born in NZ

[PK2017]

Hi

Just a quick question please .My baby was born in NZ last year January and I was told that i didn't need a VISA for him .We have recently been invited to apply for residency and I'm told we need to apply for his Visitor Visa ASAP
Will it be quicker to do this online or hardcopy application

Looking forward to your responses

Tx

[ChrisMwn]

Hi

Just a quick question please .My baby was born in NZ last year January and I was told that i didn't need a VISA for him .We have recently been invited to apply for residency and I'm told we need to apply for his Visitor Visa ASAP
Will it be quicker to do this online or hardcopy application

Looking forward to your responses

Tx

You cant currently lodge an online "dependent child" application.

I'm not sure an application is necessary, if you're planning on including the child in your residence application.

http://onlineservices.immigration.go...nual/35135.htm

A17.5 Immigration status of persons born in New Zealand on or after...
A17.5 Immigration status of persons born in New Zealand on or after 1 January 2006 who are determined by the Department of Internal Affairs not to be New Zealand citizens

See also Immigration Act 2009 s 374
The immigration status of a person born in New Zealand on or after 1 January 2006 where both parents are recorded on the person’s original birth record is to be determined as follows:
if both parents held any type of temporary visa (other than a limited visa), the person is deemed to hold a temporary visa of the duration of the unexpired period of the visa of the parent whose temporary visa has the longest unexpired period; or
if one parent only held any type of temporary visa (other than a limited visa), the person is deemed to hold a temporary visa of the duration of the unexpired period of that parent's temporary visa; or
if both parents held limited visas, the person is deemed to hold a limited visa of the duration of the unexpired period of the visa of the parent whose limited visa has the longest unexpired period; or
if one parent only held a limited visa, the person is deemed to hold a limited visa of the duration of the unexpired period of that parent's limited visa; or
if both parents held interim visas, the person is deemed to hold an interim visa of the duration of the unexpired period of the visa of the parent whose interim visa has the longest unexpired period; or
if one parent only held an interim visa, the person is deemed to hold an interim visa of the duration of the unexpired period of that parent’s interim visa; or
if both parents were unlawfully in New Zealand, the person is deemed to be unlawfully in New Zealand and to have unlawful status on the same basis and for the same duration as the parent whose unlawful status is of the shortest duration.
The immigration status of a person born in New Zealand on or after 1 January 2006 where one parent only is recorded on their original birth record is to be determined as follows:
where the parent held a temporary visa (other than a limited visa), the person is deemed to hold a temporary visa of the duration of the unexpired period of the parent's temporary visa; or
where the parent held a limited visa, the person is deemed to hold a limited visa of the duration of the unexpired period of the parent's limited visa; or
where the parent held an interim visa, the person is deemed to hold an interim visa of the duration of the unexpired period of the parent’s interim visa; or
where the parent was unlawfully in New Zealand, the person is deemed to be unlawfully in New Zealand on the same basis and for the same duration as the parent's unlawful status.

A17.5.1 Procedure for making a request for a statement of immigration status of persons born in New Zealand on or after 1 January 2006

Parents who wish to have a statement of immigration status for their son or daughter may request a letter regarding that status on the form
Request for Statement of Immigration Status of a person born in New Zealand on or after 1 January 2006
.
People making such a request should supply the following documents:
the person’s New Zealand birth certificate; and
evidence of the immigration status of the parent(s) at the time of the person’s birth in New Zealand; and
the person’s current passport or travel document (if the person has one); or
the parent's passport or travel document if the person is endorsed in their parent's passport.
The person’s immigration status will be determined as per A17.5.
No fee is required for the provision of the statement of immigration status.

[PK2017]

Hi ChrisMwin

Thank you so much for your response .

My immigration officer is telling that I have to apply for a VISA since my son is now here illigally ??

I will just copy your response and forward it to him ?

[ChrisMwn]

refer to Section 374 of the Immigration Act

http://www.legislation.govt.nz/act/p...LM1441188.html

and

A17.1 Persons born in New Zealand on or after 1 January 2006
See also Immigration Act 2009 s 374
A person who is:
born in New Zealand on or after 1 January 2006; and
is determined by the Department of Internal Affairs not to be a New Zealand citizen,
is deemed to have the most favourable immigration status as the most favourable immigration status of either of the person’s parents at the time that he or she was born, as determined under the Immigration Act 2009.
The person’s immigration status continues until either;
the person leaves New Zealand; or
the person is accorded a different immigration status under, or by the operation of, the Immigration Act 2009.

[PK2017]

Perfect!!

Thank you so much !!

[ChrisMwn]

see my small edits above

[PK2017]

Thank you !