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Thread: student Visa

  1. #1
    Join Date
    May 2016
    Location
    New zealand
    Posts
    6

    Default student Visa

    Hi guys

    please tell me the visa options if I am made the guardian of my nephew. Is there a minimum age I can bring him or can he come as a student? He is only 10 years.

  2. #2
    Join Date
    Feb 2019
    Location
    New Zealand (ex: South Africa)
    Posts
    1,201

    Default

    Assuming that you are currently in New Zealand (which, from your user profile, appears to be the case), the usual options are:

    • If you are a New Zealand citizen or hold a residence class visa, the Dependent Child Resident Visa.
    • If you hold a temporary entry class visa, the Dependent Child Student Visa (and then include the dependent child on your own application for a Resident Visa if or when you apply for one).


    Both visa factsheets however mention that "you must be the parent of your dependent children", and makes no mention of legal guardianship -- nor can I find anything around evidentiary requirements for guardianship in the operational manual (the usual sections are E4.5.10 if applying for a temporary entry class visa for a dependent child, or R2.1.40 if applying for a residence class visa for a dependent child, and neither has even the slightest hint of what happens in a legal guardianship situation). As such, please take my answer with a pinch of salt until someone more knowledgeable than me (*cough* Erin) sees this and responds.

  3. #3
    Join Date
    Feb 2008
    Posts
    37,824

    Default

    See U3.30.1, here. https://www.immigration.govt.nz/opsmanual/#46186.htm I'm not sure if this continues to apply once the child passes his/her 10th birthday.

    I remember cases in the past when the NZ relative has formally adopted a family member to be able to bring them to live in NZ. Adoption makes them count as the child's parent.

  4. #4
    Join Date
    Feb 2019
    Location
    New Zealand (ex: South Africa)
    Posts
    1,201

    Default

    Quote Originally Posted by JandM View Post
    I remember cases in the past when the NZ relative has formally adopted a family member to be able to bring them to live in NZ. Adoption makes them count as the child's parent.
    I'm starting to think that this may be the only option, given that the operational manual has plenty of mention around adoptive parents, but no mention of legal guardians -- perhaps legal guardianship isn't good enough as far as INZ is concerned? As mentioned previously, I think Erin (as a licensed immigration advisor) is the only forum member qualified to definitively answer this.

    That being said, if the formal adoption route is taken, and anurup is a New Zealand citizen or resident, it's possible that none of the visa options above apply -- there are specific situations where an adopted child will be considered a New Zealand citizen. The Department of Internal Affairs has information on this potential possibility here.

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