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Thread: Dependent child Resident to Permanent Resident

  1. #1
    Join Date
    Aug 2017
    Location
    Twizel
    Posts
    22

    Default Dependent child Resident to Permanent Resident

    Hi all,

    My partner is due to get permanent residence next year.

    Her 8 year old daughter who lives with her grandparents in Thailand has a residence visa with travel conditions up to March 2022. She hasn't been in NZ since she got residence so it isn't activated yet.

    My question is, does my partners daughter need to be in NZ for 2 years as a resident before she can apply for PR, or as a dependent child would she be able to apply for PR at the same time as my partner without having the 2 years as resident?

    Cheers

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

    Default

    As things stand, your daughter will be caught by RV1.5(d) -- a resident visa holder or former resident visa holder must have been in New Zealand as a resident (R5.66.5(b)) to be granted a Permanent Resident Visa under RV2, a variation of travel conditions under RV3, or a second or subsequent Resident Visa under RV4.

    Also be mindful of any first-entry conditions that may have been applied to your daughter's Resident Visa. If your daughter has had these applied and has not entered New Zealand by the time they expire, the multiple entry travel conditions never become valid (R5.66.5(c)), and a new Resident Visa must be applied for if your daughter still intends to live, study or work in New Zealand indefinitely.

  3. #3
    Join Date
    Aug 2017
    Location
    Twizel
    Posts
    22

    Default

    Thanks Kelerei, We plan on bringing her here before the end of this year so she would be in NZ when time they apply for PR. Do you think she still needs the 2 years as resident before PR as a dependent child?

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

    Default

    That would then depend on whether your daughter made her own Resident Visa application and was therefore the principal applicant (e.g. this would be the case for a dependent child gaining residence via the Dependent Child Resident Visa), or was a non-principal applicant in someone else's Resident Visa application (e.g. your partner's).

    If your daughter was a principal applicant on the original Resident Visa application, then the answer to your question is simple: your daughter must meet the provisions of RV2 in her own right.

    If your daughter was a non-principal applicant on the original Resident Visa application, things can get quite a bit more complex. In these cases, RV1.20(b) will kick in, and the only requirement for your daughter to be granted a Permanent Resident Visa will be that the principal applicant of the original Resident Visa application must hold, or must be granted, a Permanent Resident Visa. Sounds simple enough, and indeed it usually is, but there are defined exceptions to this where your daughter may still have to meet the provisions of RV2 in her own right, or may not be able to be granted a Permanent Resident Visa at all.

    For a dependent child, RV1.20.5 sets out the conditions where the dependent child will not be assessed based on the principal applicant, and may be assessed in their own right. I've copied and pasted RV1.20.5 verbatim below: it is up to you to ascertain if your child's situation falls into this.

    1. The eligibility of a dependent child included in the original residence application for a permanent resident visa, a variation of travel conditions or a second or subsequent visa will be assessed in the same way regardless of whether that child is still dependent at the time of application.
    2. In the case of the dissolution of a partnership as described in RV1.20.1(b) above, a child’s eligibility will be assessed on the basis of:
      1. whichever parent has legal right of custody if they are under 16 (see R2.1.45); or
      2. whichever parent they are living with if they are 16 or over; or
      3. the principal applicant, if they are 16 or over and are not living with either parent.
    3. If the principal applicant dies or obtains New Zealand citizenship, children must be assessed on the basis of the eligibility of the non-principal applicant partner included in the original residence application.
    4. The child can be assessed in their own right if the provisions of (b) or (c) above require that a child be assessed on the basis of the non-principal applicant partner included in the application, and this is not possible because:
      1. a non-principal applicant partner was not included in the application; or
      2. the non-principal applicant partner has died; or
      3. the non-principal applicant partner has obtained New Zealand citizenship.
    5. Children who wish to have their application under these instructions assessed based on the eligibility of a person other than the principal applicant must provide evidence that their circumstances meet the criteria set out in (b) to (d) above (for example, evidence of custody).

    Cases where a non-principal applicant will be outright denied a Permanent Resident Visa are defined at RV1.20(b) and include: the non-principal applicant never having been in New Zealand as a resident (as I mentioned in my earlier post), the non-principal applicant being ineligible for a Permanent Resident Visa pursuant to RV2.1, or the non-principal applicant does not meet character requirements for residence (A5) or falls under RV1.25.

  5. #5
    Join Date
    Jan 2019
    Location
    Philippines
    Posts
    56

    Default

    What is the first entry to nz date for your step daughter? Usually, it is one year from date of approval. Travel restrictions is two years.

  6. #6
    Join Date
    Aug 2017
    Location
    Twizel
    Posts
    22

    Default

    It will be either October or November this year.

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