Dependant Child Visa, Not Living in NZ Yet?

[Cliffordfamily]

Hi,

I'm trying to get some advice, we are currently living in the UK and I have citizenship by descent. My husband and youngest child have received permanent residency visa's, however we were informed that my eldest son, 17 was not eligible to be on this application. They did not give us a reason for this despite asking but can only assume its due to either his age or that he is not my husbands biological child. We were advised that we should apply for a dependent child visa for him but cannot do this until we are living in NZ. We are planning to make the move in Sept so need to have a visa for him to enter NZ along with us then apply for dependant child when we are living there.
Does anyone know the best way to do this.


Many Thanks

[JandM]

Was your husband given PR as the partner of a NZ citizen?

Has your husband ever adopted your son?

Is your son dependent on you and/or your husband financially?

[Cliffordfamily]

Hi,

Thanks for replying. Yes, My husband was given PR as my partner based on me being a NZ citizen, He has not adopted my son. He is dependant on us financially, He is currently in 6th Form and only works 16hrs per week. We are hoping to move once he has finished his A Level exams so he still will not be working full time and will possibly look for an apprenticeship or further education in NZ.


Thanks

[JandM]

I've found this when I'm about to go out. I will come back later to comment - and I've also corrected the horrible typos in my first reply!

[JandM]

Back again.

First, your son wasn't eligible to be on your husband's application for residence/PR, because he's not your husband's child, nor is your husband his legal guardian. See here https://www.immigration.govt.nz/new-...-visa#criteria under the section Bring family.

To include dependent children in your residence application:

they must meet the identity, health and character requirements for this visa
they must be single and 24 or under
they must rely on an adult for financial support
you must be their parent or legal guardian
you must have the legal right to remove them from their home country (if aged 15 or under).

(my bolding)
Here https://www.immigration.govt.nz/new-...-resident-visa are the criteria for a dependant child's resident visa, which will be on the basis that he is YOUR child. Looking at the section Your place of residence (which is what is the block to INZ starting to consider an application for him before your move), it has in the past been possible for SOME people to convince INZ to go ahead while they are still abroad, when they have been able to show solid evidence that they are definitely moving - for instance, purchase of or rental agreement on a home in NZ, documents showing that their property has been shipped, etc..

Otherwise, if INZ don't see enough evidence that you are moving to agree to this, the usual thing is to apply for a visitor's visa for him, explaining that this is to allow him to enter the country with you, his NZ citizen mother, and that, once there, you will be applying for his residence as your dependent child. As a UK passport holder, he could arrive as a visa-waiver passenger, but doing so along with the rest of the family, being a citizen and PR holders, obviously able to live in NZ long term, would be likely to raise flags for immigration officials at the airport, and would probably involve him in being pulled aside for interview and investigation of the situation, so it is better to apply formally for the visa ahead of the journey, and to have cleared up any questions at leisure (not at the end of a 24-hour flight).

If you already have some evidence of your intention to migrate as a family, it may be worth speaking to INZ, explaining the situation, and asking if it is worth trying to get his residence visa now.

[Cliffordfamily]

Fab, thank you so much. I've been driving myself mad looking at all the different options for him. Will go down the visitor visa route and hopefully he will be granted dependant child when in NZ, Fingers crossed

[JandM]

Yes, fingers crossed and good luck!