Children on residency visa question

Old Dec 19th 2016, 4:08 pm
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Default Children on residency visa question

Hi, another visa question (sorry).

I have a daughter who lives with my ex partner, i would like to consider having her on my visa application, but not to come with me straight away as her mother wouldn't let her (she's only 5). However, it would save her having to appy in the future should she like to come over to NZ in the future. I've asked her mother for permission, and she's accepted. Is what i want to do possible?

Thanks
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Old Dec 19th 2016, 5:46 pm
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Default Re: Children on residency visa question

Please don't apologise, interesting question, thats what the forum is for. not sure would have to do some research. My initial thought is that the visa has to be activated (need to enter NZ) within a year of issue. So would your ex allow her to travel over on a holiday? and want about your visitation with your daughter, how will that play out?
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Old Dec 20th 2016, 8:08 am
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Default Re: Children on residency visa question

it may not be a need atm dependant on how old your child is as they can apply for their own visa later on as long as they meet certain criteria.
Haven't been able to find anything out atm if you would to add them to your existing application and how they can fulfil the need to keep the visa. Unless it is just you that needs to fulfil the criteria which is then automatically transferred to others on your initial application.

https://www.immigration.govt.nz/new-...910.1481864625

Dependent children
If children are single, financially dependent and the right age, they can be included in their parent’s visa application. Or they may be able to apply for a visa based on their relationship to their parent, if their parent already has or is applying for a visa, or is a New Zealand citizen.

Dependent children may be included in your visa application, or apply for a visa based on their relationship to you as their parent or legal guardian.

We only consider children who are single to be dependent, but other rules apply too.

Different rules apply to who is considered a dependent child depending on whether you are applying for:

a temporary visa, like a visitor or student visa
a resident visa.
Dependent children aren’t eligible for work visas.

Resident visas

If your child is aged… we’ll consider your child is dependent if they…

17 or under
are single

18 – 20
are single
don’t have any children of their own

21 – 24
are single
don’t have any children of their own
rely on an adult for financial support

Last edited by MrsFychan; Dec 20th 2016 at 8:09 am. Reason: making easier to read
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Old Dec 20th 2016, 1:56 pm
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Default Re: Children on residency visa question

Thanks Mrs F

I'll do some research too. If i can add her later on, i'll do that so that i don't complicate my own application.
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Old Dec 21st 2016, 5:18 am
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Default Re: Children on residency visa question

obviously if looking to have them apply later it is possibly that that route may no longer be open. So its either having a bit of hassle now and finding out how you can activate the visa and still have it current or take the chance that applying later is still open.
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Old Dec 21st 2016, 9:48 am
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Default Re: Children on residency visa question

Yes, given that your ex partner (who holds all or part parental responsibility) has given approval then you can add that child to the application. You would need to provide sufficient written evidence and also provide evidence that you will continue to pay support for your child. Immigration will be keen to make sure you aren't coming to NZ to escape your responsibilities.

BUT

Once visa approval is given to all persons on the application there is a finite period of 12 months with which to activate that visa. The only way to activate the visa is to cross the Immigration border in NZ.
So, your child would have to travel to NZ in the first 12 months after visa approval to activate it or it expires and is lost.

BUT

Even if this occurs the visa has a 2 year travel condition meaning they can come and go as they please for a period of 2 years only. Once the 2 years from first entry is up then the travel condition expires and prevents re-entry in to the country on that visa.
If the person is out of the country when that condition expires OR they left the country after it had expired the would not be able to return on that visa.
To get around this issue the person needs to apply for either a variation of travel conditions or apply for Permanent Residency Visa.

So, not only does the child have to cross the border to activate the visa within 12 months, they would also have to return before 2 years so they can get back in and then abide by the rules in order to get Permanent Residency which may mean they have to remain here for a while?
A person has to satisfy one of five criteria in order to be eligible for Permanent Residency.
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