Can I Still Come to New Zealand?

For most overseas people, the answer is “No”. The border is closed to contain the spread of Covid-19. But there are some exceptions, and you might qualify. In particular, I will talk about requests to come in on humanitarian grounds, and entry of “essential workers”.

The default position is that no-one can come back in, except New Zealand Citizens and Residents. Family members of New Zealanders have to be accompanied by the New Zealand partner or parent, or the NZ child whom they are taking care of. Even Australians, who can normally fly in as Residents, first have to ask permission or risk being stopped from boarding their flight. Immigration New Zealand has set out the rules in general terms.

Humanitarian Cases

Anyone claiming that they need to come in for humanitarian reasons must show that they have a “critical purpose” for doing so. The wording in the new Immigration Instructions for humanitarian entry makes it clear that this is a tough test to meet. The words I have heard used by Immigration officials send the same message.

Humanitarian reasons are “exceptional circumstances of a humanitarian nature that make it strongly desirable for the applicant to travel and enter New Zealand.” This wording is similar to that used for deportation appeals, where we have had some experience and success over many years.

Whether you pass the test depends on:

  • the strength of your links to NZ, usually through family, or by how long you have lived here in the past, and how much time you have been away; and
  • the consequences of not allowing you in – what other options you have, and the impact on you or on someone else if you can’t come to NZ.

Our experience with making such requests is that it is critical to tell a strong story, which is easy to understand right away. We look for the “hook line” which makes your case stand out from others’. There may be features in your case which you take for granted, but which can make all the difference to someone who has to make the hard call whether to let you visit or not.

Essential Workers

Again, the question is whether someone coming in can show a “critical purpose” for entering New Zealand. The focus here is on how your skills can aid the health and wellbeing of this country. There are 2 main groups of interest:

Essential Health Workers: 2-year Work Visas are available for those who:

  • have a job offer with one of the listed agencies – including hospitals, medical centres and rest homes;
  • will work in a listed occupation – doctors, nurses, theatre technicians and other specialists. This includes aged care workers, which may reflect concerns about the heightened risks to the elderly posed by Covid-19; and
  • have the support of a Government agency involved in the response to Covid-19.

These Work Visas allow people to work for any employer in any occupation. It reflects the reality that medical staff should be able to move to where they are needed as the pandemic situation develops.

It also appears that people with desirable medical skills and qualifications, but without a job offer, can get a Visitor Visa to enter the county and take up work anywhere they choose, although at first they would only get a 6-month Visitor Visa with work conditions attached.

Other Essential Workers: These are people who can deliver services and maintain infrastructure which are critical for the country to function during its response to the pandemic.

The list of those critical occupations has not yet been published. Along with others on the NZAMI Board, I have helped with suggestions to senior MBIE officials which they can feed through to the All of Government Working Group. In the meantime, conditions for visa holders working in supermarkets and rest homes have been relaxed to enable them to contribute more fully to what are now vital areas of work.

The decisionmakers face a dilemma here. There have historically been staff shortages in many industries, either because New Zealanders don’t have the skill-set, or because they don’t want to do the work – think caregivers at rest homes, or fruit pickers. We need people to look after the elderly; we need someone to pick the grapes right now. At the same time, many are talking about a sudden recession, and there are dark warnings of a massive increase in unemployment. It would not be a good look to bring in more people from overseas when so many locals might be looking for jobs very soon.

Other News

We have just heard that the draw of Expressions of Interest for the new Parent Category has been deferred. It was meant to happen in May, and has been postponed – but not cancelled entirely.

And Working Holiday Visas have been put on hold. This is hardly surprising. Processing of almost all visa applications for offshore applicants has stopped. Priority will be given to Partner applications, and there will of course be work on the “essential worker” exceptions mentioned above.

The situation is evolving literally every day. What we publish as news today, will be out of date by the end of the week. Subscribe to our blog to remain informed.

Posted in Citizenship, Immigration Appeals, Immigration Industry, Immigration Problems, Immigration Visas, Office Update, Practice of Law | 1 Comment

Immigration has Caught a Virus Too

And it’s a virus of confusion. This is nobody’s fault. Two weeks ago – if you can remember back that far – the way that business got done was pretty familiar. Suddenly we are in a different world of isolation and restriction. Even though it is an agency of the State, Immigration New Zealand has been hit as hard as anyone.

The Level 4 lockdown and the Epidemic Management regulations mentioned in our last blog have raised more questions than they might have answered. From what I have seen in communications with INZ, the policy-makers don’t yet have answers to those questions.

For example, if someone on an employer-sponsored Work Visa has to choose to work less than 30 hours a week, or be made redundant, what happens to their application for Skilled Migrant Residence? The way things are now, their application would be declined because they are not in full-time work (which must be at least 30 hours per week). Do they have to take the chance of filing an appeal and arguing that they face special circumstances? On one view, they certainly do. Are the circumstances all that special, when tens of thousands of other people face the same issue?

By accepting lower hours, they might have breached the conditions of their Work Visa, which was granted on the basis that they would be in full-time work. This makes them liable for deportation. Is INZ going to act on that, or will they just look the other way because they don’t have the time or resources to chase everyone down? Might they decide to deport people in order to remove migrants from the picture, so that local workers get a chance to take the job? This is a live question, with talk now circulating about unemployment going into double digits. Or, perhaps, will the rules be relaxed for a period, in order to recognise that we actually need to keep migrants in jobs because they have skills that Kiwis do not?

That is just one aspect of the whole, sprawling mess. I have been involved in formulating questions which need answers, from the industry. Immigration has invited this. Perhaps they recognise that they are not equal to tackling this alone. Bear in mind that most visa staff and managers are unable to function at all because they are not set up for remote working, or they are having to make do at home and get onto conference calls and Zoom meetings.

Then there are unforeseen disconnects in the system. As we mentioned, everyone whose temporary visa was to expire between 2 April and 9 July gets an extension to 25 September because of the effect of the Epidemic Management Notice. Normally, people get an automated warning 45 days in advance of the end of their visa, to tell them to reapply or leave New Zealand. Well, they are still getting those emails. Someone forgot to switch them off, or recode them. This is probably causing quite a bit of stress for people who don’t know which message to trust.

Again, really it’s nobody’s fault. There are just so many loose ends to try to pick up right now that everyone is scrambling.

We don’t have all the answers either. Like our colleagues in the industry, we haven’t been told a great deal. However, we may be able to shed some light on your particular case if we can. We’re probably about as well placed as anyone outside the Policy and Service Design meeting room in Wellington, to suggest how things might go. Contact us if you have some important decisions to make, and we’ll see what we can do.

Posted in Immigration Appeals, Immigration Industry, Immigration Problems, Immigration Visas, Practice of Law | Leave a comment

It’s Business as Usual at Laurent Law

While everyone gets settled into their new daily lives, with a lot of unanswered questions at this stage, we would like to assure you that Laurent Law is continuing to operate as normal.

If you have any questions or concerns regarding your visa situation, your family or staff members please do not hesitate to get in contact with us.

Here is what you need to know:

  • Our team are currently working remotely
  • We continue to assist with any immigration related matters
  • Although processing times will be a lot slower, we continue to assist with NZ visa applications
  • You can give us a call on 0064 9 630 0411
  • OR email askus@laurentlaw.co.nz or whoever is handling your case right now
  • We will keep you informed on any updates via our Facebook page https://www.facebook.com/NZImmigrationLawyers/ or through our blogs and newsletters.

Visas and the National Lockdown

On Monday 23 March 2020 the Prime Minister issued an Epidemic Management Notice under the Epidemic Preparedness Act 2006.  It gives special powers to various Government agencies, including Immigration.  It comes into effect on 2 April 2020 and expires on 25 June 2020, but can be extended if required.  It has the following effects:

  • Work, Student, Visitor, Interim and Limited Visas (“temporary visas”) which expire between 2 April and 9 July 2020 will be automatically extended until 25 September 2020.  INZ says that confirmation of extensions will be emailed to all Visa holders.  A Visa holder must be in New Zealand in order to have their Visa extended.  This does not relate to Resident Visas.
  • People holding temporary visas which expire on or before 1 April 2020, and who cannot leave New Zealand, must apply online for a new Visa.

The Notice gives additional powers to Judges and Immigration Compliance officers when detaining people who face deportation.

Getting Back to New Zealand

As you know by now, the border is closed to everyone except NZ Citizens and Residents.  Some narrow exceptions exist (for example, workers in essential services like health).  It is also possible to request entry permission for “humanitarian reasons” on a case-by-case basis.  However, it won’t be easy to convince Government that your circumstances are compelling, unless the situation is exceptional.

Anyone coming into the country must self-isolate for 14 days after arrival.  No exceptions.  People who do not follow instructions given by a Health Officer at the airport can be deported, because this now means that they have breached the conditions of their visa.

Impact on the Courts

Some of our work involves taking appeals to the Immigration & Protection Tribunal (IPT), and to the higher Courts in New Zealand.  The Chief Justice has ordered that only essential or urgent matters may be heard during the State of Emergency, and most Ministry of Justice offices are shut or working remotely like everyone else.

The IPT has cancelled live hearings for the time being (for example, Resident deportation and Refugee/Protection cases).  We can still file new appeals, which can be emailed to IPT staff.  As we operate in a largely electronic environment, we are well-placed to prepare evidence and legal submissions for our existing appellant clients.

What if I get Infected?

Covid-19 is now registered as an infectious or quarantinable disease under the New Zealand Health Act 1956.  This means that all people in New Zealand, regardless of their visa status, are eligible for publicly funded services to treat Covid-19.   All acute care relating to Covid-19 in New Zealand will be managed by the public health system.  There is currently no provision for this type of care in the private sector (source, Accuro Health Insurance).

Please stay safe and stay home.

Posted in Immigration Visas | Leave a comment

Limited evidence partnership applications

Can I get my partner a Visa if we have not lived together or have only lived together for a short period of time? What if we met online?

A New Zealand citizen or resident can support their applicant overseas partner for a Visitor or Work Visa if they are living together in a genuine and stable partnership. Immigration instructions do not specify a time period for an applicant to have been living together in a genuine and stable partnership with their New Zealand partner in order for a partnership Visitor Visa or partnership Work Visa to be approved. However in practice, the time required living together in a genuine and stable partnership to achieve an approval of such an application is at least 3 – 4 months.

A New Zealand citizen or resident can support their partner for a Residence Visa if they have been living together in a genuine and stable partnership for at least 12 months.

In all cases, the onus of demonstrating that an applicant and their New Zealand partner are living together in a genuine and stable partnership lies with the applicant and their New Zealand partner. This must be demonstrated in document form, because partnership applications are considered on the papers at least in the first instance. Sometimes an immigration officer will invite an applicant and their New Zealand partner to an interview in person, but this is after an initial assessment on the papers has been carried out.

Requirement for partnership to be genuine and stable

According to immigration instructions, a partnership is “genuine and stable” if an immigration officer is satisfied that;

  1. It is genuine, because it has been entered into with the intention of being maintained on a long-term and exclusive basis; and
  2. Is stable, because it is likely to endure

Evidence that a partnership is genuine and stable can include supporting letters from friends and family, evidence of financial interdependence, being married, having children, photos together. However no single type of evidence is determinative, all evidence will all be taken into account in an overall assessment of whether a partnership is genuine and stable.

Relevance of applicant and New Zealand partner living together

Evidence that an applicant and their New Zealand partner are living together can include joint ownership of residential property, joint tenancy agreement, correspondence addressed to both parties at the same address.

An interesting scenario arises where the applicant has not lived together with their New Zealand citizen or resident partner, or has not lived together with them for very long. Or, the applicant and their New Zealand partner may not be able to provide any or much evidence of living together in a genuine and stable partnership. These situations do not neatly meet the requirement in immigration instructions that the applicant and their New Zealand partner are “living together in a genuine and stable partnership”.

If the applicant is in New Zealand already on a Temporary Visa, a lack of living together usually needs to be rectified by ensuring the applicant and the New Zealand partner start living together and soon. If the applicant and the New Zealand partner are serious about their partnership, then this should not present a problem.

However the situation when not much living together has occurred or not much evidence of this can be produced can also arise where the applicant is overseas. Sometimes they may have never been to New Zealand. For example, consider the situation where the applicant and the New Zealand partner have met through an online dating website. They may have communicated frequently or recently married, but this is not enough to meet the requirement of living together.

INZ direction on how to deal with this situation

INZ has released an “advice to staff” which deals with this situation. Advice to staff dated 5 June 2015 explains that where the requirement for living together is not met, immigration officers should consider whether or not to exercise their discretion to issue a general Visitor Visa for the purpose of a family visit;

If the couple cannot demonstrate they meet one or more of the partnership requirements, including living together, Immigration Officers should refrain from granting visas as exceptions to instructions (ETIs) as this undermines the integrity of partnership instructions. Instead, if a couple appear to be genuine and credible but cannot demonstrate they meet living together requirements, officer should consider whether or not to exercise their discretion to issue a general visitor visa for the purpose of a family visit.

A further advice to staff dated 10 May 2019 states;

A number of applicants have been applying for temporary visas when they have not met part of instruction(s) … – specifically, they have not lived together – and have been requesting a General Visitor Visa to allow them to establish their relationship in New Zealand. While a General Visitor Visa can be granted to partners of NZ citizens/residents at INZs discretion, this should only be done when it has been established that the relationship is genuine and stable and that the applicants entered the relationship with the intention that it would be on a long term basis. A General Visitor Visa should not be the automatic default position when an applicant cannot demonstrate part of partnership instructions are met, as this risks appearing to create a de facto policy and would go against the intent of instructions. Each case needs to be assessed on its merits.

Grant of General Visitor Visa possible

Strong evidence of the relationship being genuine stable and as much evidence of any limited living together needs to be provided, in order to achieve the grant of a General Visitor Visa , in reliance on this advice to staff. Bona fides – whether the applicant is genuine in their intentions for coming to New Zealand – will likely be considered as part of the General Visitor Visa assessment by INZ.  Bona fides will not be established if an immigration officer is not satisfied an applicant will return to their home country should the relationship dissolve.

If the relationship is formative in nature and there has been little or no living together, a good outcome would be the grant of a Visitor Visa for say 6 or 9 months. An applicant may use the time they have in New Zealand on the General Visitor Visa to build have sufficient evidence of living together in a genuine and stable partnership to lodge a further partnership application, possibly Residence once 12 months is living together in a genuine and stable partnership is established.

It is not crucial that the applicant and their New Zealand partner are living together in a genuine and stable partnership at the time the application is lodged. Periods of separation between an applicant and a New Zealand partner are acceptable, however evidence of communications while separated should be provided to INZ.

Note that applicants from a Visa waiver country can enter New Zealand for 3 month without needing to apply for a Visa first (they do however need to apply for a NZ electronic travel authority). However if the intention is to remain in New Zealand with their partner and go on to apply for further partnership Visa, it is generally not recommended to make use of the 3 month Visa. Instead, the applicant should remain in their home country and apply for a Visa from there, the existence of the partnership and the probable intention to apply for a further partnership Visa once in New Zealand explained. The reason for this relates to the issue of bona fides – an applicant may not be seen as a genuine visitor for 3 months on arrival in New Zealand on a Visa waiver if they have a partner in New Zealand they will be staying with.

If the relationship has been in existence for a number of years and there has been some living together, maybe the couple are married and have a child together, it may be possible to convince INZ to  grant a 12 month Work Visa at the initial stage. Often Laurent Law will present an application for a Work Visa of this nature as also being for a Visitor Visa as a fallback option, if INZ is not prepared to grant the Work Visa.

Contact us here at Laurent Law to help with you partnership application, where you and your partner may not have lived together for very long or at all and we will see what we can do to assist.

Posted in Citizenship, Immigration Appeals, Immigration Industry, Immigration Problems, Immigration Visas, Practice of Law | 3 Comments

Getting Residence under the Skilled Migrant category

For some wealthy applicants who possess funds they are willing to invest in New Zealand, $3 million NZD (for the Investor 2 category) or at least $10 million NZD (for the Investor 1 category) the migrant investor categories present an option for obtaining Residence in New Zealand. However this is not the case for many people!

For some applicants who have a partner who is a New Zealand Citizen or Resident, applying for Residence under the partnership category where the couple have been living together in a genuine and stable relationship for at least 12 months is also a way to gain Residence.

However the main option by which most people gain Residence in New Zealand, is the Skilled Migrant category. Under the Skilled Migrant category the “principal” (main) applicant is awarded points depending on a range of factors, including age, work experience and qualifications. The number of points required for an application under the Skilled Migrant category to be successful is currently 160.

Getting to 160 points

It is important to understand that, due to the way the points system is structured and points allocations are weighted, in order to achieve 160 points, most people require current skilled employment or offer of skilled employment in New Zealand – what I refer to below simply as “skilled employment”. A job is worth 50 points. So a point combination which often arises is the following;

Age 20-3930
Qualification – Bachelor degree50
Skilled employment50
Current or offer of skilled employment outside Auckland30
TOTAL160

Without the 50 points for skilled employment, it is quite difficult to achieve the 160 points requirement. One possibility is as follows.

Age 20-3930
Qualification – Masters or PhD degree70
Skilled work experience – 10 years50
Partner qualification – Bachelor degree10
TOTAL160

 Or, consider the following.

Age 20-3930
Qualification – Masters or PhD degree70
Skilled work experience – 10 years50
Bonus points for work experience in an area of long term skill shortage – 2 – 5 years (for example occupations in IT, a range of types of professional Engineers).10
TOTAL160

Achieving 160 points without skilled employment requires a higher Level qualification such as a Masters degree or PhD, a number of years of skilled work experience (work experience gained after the qualification was awarded), or possibly work experience in an area of long term skill shortage. This is quite difficult for an applicant to achieve – they need to have a lot going for them in order to qualify.

Changes to point structure make points for skilled employment more important

The 160 points threshold was introduced in October 2016 and the allocation of points for various factors was changed in August 2017. See for example an earlier blog discussing the changes, here.

Prior to October 2016, it was possible to secure Residence either with 100 points including 50 points for skilled employment or 140 points without skilled employment.

Prior to October 2016, if an applicant scored at least 140 points without skilled employment, they would be interviewed by Immigration New Zealand to assess if they had the ability to successfully settle in New Zealand and if so, Residence would be granted.

The increase to a 160 point requirement has set the bar much higher for applicants to get Residence.

Scoring at least 160 points without skilled employment now results in the grant of a 9 month job search Work Visa (if the principal applicant is in New Zealand) or a 12 month job search Work Visa (if the principal applicant is outside New Zealand).

To be granted Residence, a principal applicant must secure an offer of skilled employment during the Job Search Work Visa period. Scoring at least 160 points without points for skilled employment only gets you a Job Search Work Visa and not Residence. This is contrasted to the older rules, where it was possible to get Residence following an interview with INZ.

Holding skilled employment is therefore now essential at some point in the Residence application process, even if it is preceded by the grant of a Job Search Work Visa.

The need for a Work Visa

An applicant for Residence who applies with points for skilled employment is also going to require a Work Visa. This is because the current processing time for a Skilled Migrant Residence application is up to 15 months.

The long processing time makes it important that an applicant hold a Work Visa to work in their skilled employment for a period of time while the Residence application is being processed. An employer is not going to wait for 15 months for an applicant to be able to start work with them.

There is an advantage in securing Job Search Work Visa, because many New Zealand employers are only willing to offer employment to applicants who already have a Work Visa. Job Search visas are available for people who have completed a NZ qualification, and they allow people to work for any employer, in any job.

Convincing a New Zealand employer to employ someone who does not already have a Work Visa can be done, but the type of Work Visa the applicant applies for is usually an Essential Skills Work Visa which requires the employer to demonstrate there are no New Zealand citizens or residents that can fill the role. Having a Job Search Work Visa instead can make the process of securing skilled employment much easier.

Other considerations

Other requirements that need to be met for the grant of Residence under the Skilled Migrant category include;

  • Meeting a minimum standard of English, which can include an IELTS test score of 6.5 which is no more than two years old at the time the Residence application is lodged;
  • Being of an acceptable standard of health;
  • Being of good character;
  • The skilled employment, where the occupation is ANZSCO skill Level 1, 2 or 3, pays at least $25.00 per hour. Skill Level 4 or 5 occupations are acceptable if they pay more than $37.50 per hour.

It is also relevant to bear in mind that qualifications sometimes need to be assessed by the New Zealand Qualifications Authority (NZQA), if they are not on the list of qualification automatically recognised as equal to a NZ qualification.

Therefore, before commencing any Skilled Migrant Residence application process, where a qualification is not automatically recognised, applying for the qualification to be assessed is an important first step. The International Qualifications Assessment (IQA), takes around 1 month to be completed and usually costs NZD$445. Information about the IQA can be found here  .   

Some occupations also require NZ occupational registration. If that is the case, you cannot claim points for skilled employment in that job unless you first get registered. Occupations which require registration include Electrician, Electrical Engineer, Pharmacist and Teacher, and the full list can be found here.

The preparation and filing of a Skilled Migrant application requires a high degree of planning, to avoid any potential pitfalls. Contact us here at Laurent Law if you need help with a Skilled Migrant application.

Posted in Citizenship, Immigration Appeals, Immigration Industry, Immigration Problems, Immigration Visas, Practice of Law | Leave a comment

Thrillseekers Paradise – Whanganui River

Our in-house thrillseeker, Roxanne Whyte, went on a breathtaking experience recently. She and a group of friends canoed the Whanganui River along one of New Zealand’s  ‘Great Walks’. The adventure did not disappoint. They covered a distance of 97km, from Whakahoro to Pipiriki over a 3 day period.

New Zealand’s Great Walks pass through breathtaking and spectacular scenery. Native forest, lakes and rivers complimented by mountain peaks that leave you in awe, gorges and valleys that are picture perfect summarise the beauty of this country. Great Walks are very user friendly and easy to follow. Explorers can elect to travel on their owns terms, but guided trips with more comfort are on offer. These walks are accessible from major towns. They are well services by local operators and offer the real Kiwi experience. Roxanne and friends can recommend them without hesitation.

Canoeing along the river was memorable for different reasons. A bit of cave exploring, walking and a lot of fun filled the days of sunshine. Canoeing can be arduous and the group were tested in terms of endurance and stamina but they all agreed that this was a life experience that most can only dream about.

Muhammad Ali once said that “I don’t count my sit ups. I only start counting once it starts hurting.” This is a shining example where this approach to life will take you. To experience the breathtaking, the extraordinary and the fullness of this existence require from us a little bit more introspection. It requires the willingness to test ourselves and to go beyond the mundane and everyday experiences. Fresh air, mountain skies, deep blue rivers and lots of greenery inspire us to be better versions of ourselves.

You are guaranteed to get tired when you really test your own abilities. Roxanne did admit that she was exhausted at the end but she fell asleep with a smile on her lips every night. She felt renewed and thankful for the opportunity to experience nature this way.

If you are thinking of moving to New Zealand permanently, you must consider the rich, natural beauty and freedom that this country offers. Contact us immediately so we can assist you to make your bucket list a reality.

 

 

 

 

 

Posted in Immigration Visas | 2 Comments

Acquiring New Zealand citizenship

Although it often receives less attention compared to Residence and Temporary Visa categories, acquiring New Zealand citizenship is the final stage in the immigration journey for many. New Zealand citizenship enables the holder to do the following:

  1. Live in New Zealand indefinitely;
  2. Travel overseas on a New Zealand passport;
  3. Stand for Parliament or local government;
  4. Have full economic and social rights;
  5. Represent New Zealand in Sports.

Holding a New Zealand passport is something that can be valuable, see for example an article describing this here. Holders of New Zealand passports can visit 171 countries and territories worldwide without needing to apply for a Visa in advance.    

New Zealand citizenship can be acquired in three different ways.

Citizenship by grant

The key requirements that need to be met in order for person to receive citizenship by grant are:

  1. The person has been living in New Zealand as a resident for at least the last five years;
  2. The person has spent enough time in New Zealand in the last 5 years, which is at least 240 days in each 12-month period at 1,350 days across the 5 years;
  3. The person is able to hold a conversation in English;
  4. The person is of good character;
  5. If granted New Zealand citizenship, the person intends to continue to reside in New Zealand.

Most applications for citizenship are determined by the Department of Internal Affairs under delegated authority. They receive approximately 37,000 applications for citizenship by grant each year. Where one of the requirements for the grant of citizenship is not clearly met, the application is referred to the Minister of Internal Affairs for consideration.  

Where a person receives citizenship by grant, they are issued with a certificate of New Zealand citizenship. The person must also attend a public citizenship ceremony, swear an oath of allegiance to the Queen and swear they will faithfully observe the laws of New Zealand.

An example of something that may indicate poor character include criminal convictions, a pattern of traffic infringements (100 or more demerit points in the two years prior to the application), and information received from the Police about a serious incident or pattern of minor incidents of family violence.

Unless there are exceptional circumstances, a person will not be granted citizenship if at any time they have been sentenced to a term of imprisonment of more than 5 years, within the preceding 7 years the person was sentenced to a term of imprisonment of less than 5 years, or within the preceding 3 years the person was convicted of an offence but was not imprisoned.

Citizenship by birth

A person born in New Zealand before 1 January 2006 is a New Zealand citizen by birth.

A person is born in New Zealand on or after 1 January 2006 is a citizen, but only if when they were born at least 1 of their parents was a New Zealand citizen or had Permanent Residence or Residence status.

People born in New Zealand to those who hold Temporary Visas do not acquire New Zealand citizenship. Instead, they take the most favourable immigration status of either of their two parents. A child born to a parent who holds Temporary Visa will hold a Temporary Visa to the expiry date of the visa held by the parent whose Temporary Visa has the longest unexpired period. A child born to a parent who is unlawfully in New Zealand, ie does not have a Visa, is also unlawfully in New Zealand.

Citizenship by descent

If a person is born overseas and at least 1 of their parents was a New Zealand citizen by grant or birth when the person was born, they are a New Zealand citizen by descent. Persons in this category need to register their citizenship in order to make it official and in order to receive a New Zealand passport.

New Zealand citizens by descent pass New Zealand citizenship to their children if born inside New Zealand but not children born outside New Zealand. Children born outside New Zealand must meet the requirements for citizenship by grant. A New Zealand citizen by descent can apply for New Zealand citizenship by grant if they meet the requirements for this and if it this approved, then children born outside New Zealand can apply for New Zealand citizenship by descent.

Other considerations

New Zealand allows a person to be a citizen of another country in addition to New Zealand. However some other countries do not allow dual citizenship, in which case a person can face a choice regarding which countries’ citizenship status they wish to keep.

A person can be deprived of their citizenship if they have acted in a manner that is contrary to the interests of New Zealand. A person can also be deprived of New Zealand citizenship if it becomes apparent that the citizenship was procured by fraud, false representation, or wilful concealment of relevant information, or by mistake. Once New Zealand citizenship is acquired, a person does not lose citizenship by going to live in another country for a period of time, for example Australia.

Sometimes children are adopted and this can affect their citizenship status. Adopted children born in New Zealand during or after 2006 are New Zealand citizens by birth if, at the time of birth, at least one of the child’s biological or adoptive parents was a New Zealand citizen, Permanent Resident or Resident. Children adopted outside New Zealand during or after 1978 are New Zealand citizens if;

  1. They were adopted before 18 November 1992 or were under 14 years old at the time the adoption was finalised; and
  2. The adoption laws in the country where the adoption took place are compatible with New Zealand law; and
  3. At least one of the child’s adoptive parents was a New Zealand citizen (by birth or grant) at the time of their adoption.  OR

Alternatively;

  1. The adoption is an intercountry adoption between countries that have signed up to the Hague Convention on Intercountry Adoption and the adoption complies with those requirements; and
  2. At least 1 of the child’s adoptive parents was a New Zealand citizen (by birth or grant) at the time of the adoption. 

The Hague Convention is a piece of international law and the list of countries which are signatories, which includes New Zealand, can be found here .

Posted in Citizenship, Immigration Appeals, Immigration Industry, Immigration Problems, Immigration Visas, Practice of Law | Leave a comment