Will my unborn baby have NZ Citizenship - I have SMC Resident Visa?

[raleigh119]

Will my unborn baby be granted NZ Citizenship now that I have been granted SMC? According to DIA, if 1 parent is a NZ Citizen or PR (no mention of Resident Visa - SMC or otherwise), then the baby can be granted NZ citizenship by birth. However, I have two colleagues working in the hospital where they were both under SMC Resident Visa and each had a baby and declared in the birth certificate of the babies that they (my colleagues) are "RESIDENT" (not permanent resident) and both their babies were given NZ passports. So, I am after people who have an ACTUAL lived experience of having a child when they were in SMC Visa status - was your child granted NZ citizenship when born? Please don't quote DIA as I have already read the website.

[ChrisMwn]

Will my unborn baby be granted NZ Citizenship now that I have been granted SMC? According to DIA, if 1 parent is a NZ Citizen or PR (no mention of Resident Visa - SMC or otherwise), then the baby can be granted NZ citizenship by birth. However, I have two colleagues working in the hospital where they were both under SMC Resident Visa and each had a baby and declared in the birth certificate of the babies that they (my colleagues) are "RESIDENT" (not permanent resident) and both their babies were given NZ passports. So, I am after people who have an ACTUAL lived experience of having a child when they were in SMC Visa status - was your child granted NZ citizenship when born? Please don't quote DIA as I have already read the website.

see Citizenship Act
6Citizenship by birth
(1)Subject to subsection (2), a person is a New Zealand citizen by birth if—

(a)the person was born in New Zealand on or after l January 1949 and before 1 January 2006; or

(b)the person was born in New Zealand on or after 1 January 2006, and, at the time of the person's birth, at least one of the person's parents was—

(i)a New Zealand citizen; or

(ii)entitled in terms of the Immigration Act 2009 to be in New Zealand indefinitely, or entitled to reside indefinitely in the Cook Islands, Niue, or Tokelau.



A resident visa, even with expired travel conditions entitles a person to remain in NZ indefinitely . ( There is not need to obtain PR if you remain in NZ and don't want to travel.)_

[ChrisMwn]

Will my unborn baby be granted NZ Citizenship now that I have been granted SMC? According to DIA, if 1 parent is a NZ Citizen or PR (no mention of Resident Visa - SMC or otherwise), then the baby can be granted NZ citizenship by birth. However, I have two colleagues working in the hospital where they were both under SMC Resident Visa and each had a baby and declared in the birth certificate of the babies that they (my colleagues) are "RESIDENT" (not permanent resident) and both their babies were given NZ passports. So, I am after people who have an ACTUAL lived experience of having a child when they were in SMC Visa status - was your child granted NZ citizenship when born? Please don't quote DIA as I have already read the website.

Citizenship Act 1975

6 Citizenship by birth
(1)Subject to subsection (2), a person is a New Zealand citizen by birth if—

(a)the person was born in New Zealand on or after l January 1949 and before 1 January 2006; or

(b)the person was born in New Zealand on or after 1 January 2006, and, at the time of the person's birth, at least one of the person's parents was—

(i)a New Zealand citizen; or

(ii)entitled in terms of the Immigration Act 2009 to be in New Zealand indefinitely, or entitled to reside indefinitely in the Cook Islands, Niue, or Tokelau.

A residence visa entitles you to remain in NZ indefinitely.

[JandM]

raleigh119, before November 2010, the visa anyone got if successful under SMC was called PR not residence (and what we now call PR was PR with IRRV). A lot of paperwork and websites have never been amended to take note of the difference in title, though the intention is still the same.

[raleigh119]

Thanks a lot guys.

[Gaida]

raleigh119, before November 2010, the visa anyone got if successful under SMC was called PR not residence (and what we now call PR was PR with IRRV). A lot of paperwork and websites have never been amended to take note of the difference in title, though the intention is still the same.

JandM - perhaps worth posting in its own thread, or on a sticky? There seems to be mass confusion with many forum members not aware that residency with travel conditions is still permanent. Understandable given residency history in NZ, and many (if not most) employers don't understand the different either, so lots of misinformation being sent out.

[ChrisMwn]

JandM - perhaps worth posting in its own thread, or on a sticky? There seems to be mass confusion with many forum members not aware that residency with travel conditions is still permanent. Understandable given residency history in NZ, and many (if not most) employers don't understand the different either, so lots of misinformation being sent out.

what's important is that people refer to relevant legislation. As JandM points out, websites or information brochures, even from competent authorities often do not properly reflect the actual legislation. Similarly referring to others own experiences wont necessarily result in a correct answer either.

[JandM]

I agree with ChrisMwn. To put it another way, all the information I pass on can be found, correctly stated, on the INZ website, the INZ operational manual and/or NZ government information pages. If in doubt, that is where to check, making sure that you're looking at the most recent version of the regulation.

[sweetness2021]

I just had my baby in September and had been wondering the same thing. I even called the nz citizenship office to confirm. I have SMC Visa and my baby is a NZ citizen with a nz birth certificate.