Dependent child residence visa for adopted child

[HansNZ]

I'm wondering if anyone has applied for a dependent child residence visa for his/her adopted child, and the adoption was undertaken in a foreign jurisdiction? (Because the child was living in a country that was not a signatory to the Hague Convention).

I'd like to know the criteria for that type of adoption to be recognized in NZ and how long it will take.

Please share your experiences.

[Kelerei]

The immigration instructions around adoption are fairly complex. There's a distinction between "legal" and "customary" adoption in generic residence instructions (see R3, though in most cases I would assume "legal adoption" would apply), and there's an additional requirement for the Dependent Child Category that the overseas adoption order has the same effect as a New Zealand adoption order (F5.1(b)(iii) and F5.10.25) -- which may involve going to Court and obtaining a ruling to that effect.

The only piece of advice I can give you is to find yourself a good licensed immigration advisor. With the legal complexities involved around this, you will need one.

EDIT: If you are a New Zealand citizen, then New Zealand citizenship by descent is an alternate possibility. There's information on that here. The Hague Convention matters here, so this may not work for you: you may have to go the Dependent Child Category route for a Resident Visa, and the child would later need to meet the normal requirements for New Zealand citizenship by grant if the intention is for the child to become a New Zealand citizen.

[Auburn]

Was child adopted prior to immigration? If so, you could possibly get some information from one of the NZ international adoption groups like ICANZ. Also, an LIA will be able to assist. If child adopted after immigration, you'll need to talk with Oranga Tamiriki as they help with the NZ legal process.

[HansNZ]

Thanks Auburn.

After immigration.

I did contact Oranga Tamiriki but they they only provide assistance on adoptions under the Hague Convention.

[HansNZ]

The immigration instructions around adoption are fairly complex. There's a distinction between "legal" and "customary" adoption in generic residence instructions (see R3, though in most cases I would assume "legal adoption" would apply), and there's an additional requirement for the Dependent Child Category that the overseas adoption order has the same effect as a New Zealand adoption order (F5.1(b)(iii) and F5.10.25) -- which may involve going to Court and obtaining a ruling to that effect.

The only piece of advice I can give you is to find yourself a good licensed immigration advisor. With the legal complexities involved around this, you will need one.

EDIT: If you are a New Zealand citizen, then New Zealand citizenship by descent is an alternate possibility. There's information on that here. The Hague Convention matters here, so this may not work for you: you may have to go the Dependent Child Category route for a Resident Visa, and the child would later need to meet the normal requirements for New Zealand citizenship by grant if the intention is for the child to become a New Zealand citizen.

Thanks Kerelei.

[HansNZ]

Can anyone please PM me the contact details of Chris (I did PM him but no response) or another LIA?