aqau28

Dear Community Members,

Hope this message will find you in best of your health.

We (Me & my partner) are NZ resident visa holders which was already activated last year i.e. Mar, 2016. Accordingly, our travel conditions will be expired in Mar, 2018.

The situation I am facing now is that my wife is expecting a baby in December, 2017 (First Week) while we must have to migrate before mid Mar, 2018 to meet our travel conditions. In this case, we have two options in hand;

1. My wife delivers a baby outside New Zealand and then after processing visa for the new born, we migrate to NZ

(OR)

2. Giving birth to the baby in New Zealand making travel arrangements earlier well before the date of delivery (26th Week of pregnancy cycle or so)

From the above, if my wife delivers the baby outside NZ then following questions arises;
§ Is it possible that the new born can travel with us before expiry of our travel conditions?

§ Would our new born will also be eligible for the “Resident Visa” as the parents holding the same?

§ If not above, then which visa type would be applicable to the new born and how we can make it possible?

§ How much time any visa type processing will take (As per applicability) so we can make the migration possible before expiry of our travel conditions?

§ Is there any flexibility in making travel conditions extended in case if processing time taking longer than normal?

On the other side, if my wife give birth to the baby in NZ and we migrate well before time then would the citizenship act is applicable for the new born to be an NZ citizen?

Need your kind suggestions, comments and advice in this situation. Thanks in advance.

Regards,

MrsFychan

Hi and welcome.

I can see that you are not in NZ at the moment so will you have spent the required time in NZ and other conditions to have your travel conditions removed?

My understanding, so anyone please correct me if wrong, the criteria is for the main applicant.
As you already have a visa I would contact your CO that approved it and ask them the questions, not applying from the UK I am unsure if the same rules would apply to where you gained your visa so not sure if we on here would be able to help

aqau28

Hi @MrsFychan, Thanks for your reply. Yes, we are residing in the middle east and not in NZ at the moment. Regarding travel conditions, we have spent just 30-days during our first entry and this does not fulfill the criteria of 41-days for applying "Variation of travel condition". In this perspective, what do you suggest?

MrsFychan

My suggestion is, if you wish to spend your life in NZ, then you need to do it as soon as, as long as the fact you have not made the first condition can be got around.

Not making the conditions does mean that you can still come to NZ and live but it may mean that if you ever leave you have no right to return as a resident.

I would seriously suggest you contact the Immigration Department where you gained the visa from and discuss the situation with them.

aqau28

Hey,

To clarify here further, We have made our first entry in NZ last Mar, 16 and currently residing in Dubai. Having plans to migrate by the start of next year i.e. 2018.

Till now, what information I have got is as follows;

- First, The best option is to migrate as soon as possible so to give birth in NZ before our travel conditions expire

- Secondly, by now I have understood the procedure for taking the newborn to NZ. For this, we have to apply for a Visitor Visa (Dependent Child) and once we will make travel there; then we have to apply for Dependent-Resident Visa (In Family Category). Please correct me if I am wrong here.

For this purpose, any idea that how much maximum time a Child -Visitor visa will take if we plan birth/delivery outside NZ? As I will be having more than 60-Days (2-months of Jan & Feb Approx.) to process it. Please consider the Christmas holidays and new year span too.

Moreover, can you please also guide if we plan a birth in NZ then how we can arrange a GP & Hospital for maternity matters? How were your experience and any advice or tips in this regard? We are reluctant for giving birth in NZ because of similar factors i.e. Medical Services etc.

Thanks,

MrsFychan

as I said it might not be possible as you have not met your obligation to be in NZ to gain your the right to have your travel conditions removed. Please contact your CO that granted you the visa in the first place.