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Thread: Babies residency status??

  1. #1
    Join Date
    Apr 2017
    Location
    New Zealand
    Posts
    18

    Default Babies residency status??

    My husband & I were granted residency on August 9th, 2017. We are both British and still have our UK passports. I am currently pregnant with baby due February.
    We would love to go back to Europe to visit family next June-ish time. But it will be before we can apply for permanent. Does anybody know what status our baby would be and how we go about getting visas/passports for them?
    Also, what the travel conditions entail when going away whilst still on a residency visa as appose to permanent residency?

    Thanks everyone

  2. #2
    Join Date
    Apr 2018
    Location
    New Zealand
    Posts
    97

    Default

    If you've got a resident visa and your baby is born in NZ, the baby will be a NZ citizen by birth and UK citizen as well.

  3. #3
    Join Date
    Feb 2008
    Posts
    37,822

    Default

    As ankirs said, your baby will be a NZ citizen, and also a UK citizen. See here - Citizenship by birth. https://www.govt.nz/browse/passports...h-and-descent/

    When your register the birth of your child, you will receive his/her birth certificate, and can then apply for a NZ passport in his/her name.

    Regarding the British authorities, the information is here. https://www.gov.uk/register-a-birth and https://www.gov.uk/get-a-child-passp...child-passport.

    As you are planning to travel with the baby, you will have to obtain one or other nationality's passport, but you don't have to have both if you don't want to.

    You were granted two years' travel conditions when you became residents. The travel conditions aren't really 'conditions' - it's a name for the permission to re-enter New Zealand as many times as you want to during that two years. After the end-date, you do not have permission to enter NZ again, which is when you need to have got PR to give you that permission for life. https://www.immigration.govt.nz/new-...anent-resident (Notice, your residence is for ever while you are in NZ - it's the travel conditions that last two years, then expire.) If you will be back in NZ from your overseas trip BEFORE the conditions expire*, there is no problem. But if your planned trip would last beyond expiry of your travel conditions, you would need to have applied in advance for a Variation of Travel Conditions (see that same link), since you're not allowed to apply for PR early.

    *Don't plan to travel very close to the expiry date, because if there is any delay on the journey, even if it is beyond your control (airline problems, bad weather), there is NO leeway allowed. Arrive at the border without permission to enter, and you will be sent back.

    Notice, if you travel with your baby on his/her NZ passport, British Immigration at the airport of arrival will be likely to treat him/her at that time as a foreign visitor, even though s/he will have dual nationality - that's not normally a problem because a NZ passport holder has the right to enter the UK for a stay of up to 6 months as a visa waiver traveller, but it has surprised some parents to be asked to show the baby's intention to leave, ticket out of the country, etc.. https://www.mfat.govt.nz/en/countrie...hip-and-visas/

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