Getting our baby NZ Residency

Old Apr 16th 2013, 2:45 pm
  #16  
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Default Re: Getting our baby NZ Residency

Hellsbells, did you get a visitor visa or just turn up and plan to get your son issued a 6m entry on arrival? Sorry it's not clear.

Garni is applying for a visa prior to leaving so it would be interesting to know whether you did this or not.

If you did, then it appears that immigration are not sure on what to do in these situations-even though I would assume it's not an uncommon occurrence.
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Old Apr 17th 2013, 9:46 pm
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Default Re: Getting our baby NZ Residency

Ok- an update incase anyone else is in the same situation. I called the auckland office again this eve- they said i need to get her residency to avoid complications when we arrive. Waiting time for it should be 1-3 months which could be a prob as we have a holiday booked in August!!
Just to complicate matters i sent my husbands new uk passport off to have visa stamps transferred and they have said it has expired and he needs to apply for a ssrv........ it doesnt rain but it pours!!
On top of that i am now worried about if we are able to get our daughter residency as hubby will only have SSRV- if anyone knows the answer to that??? thanks
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Old Apr 17th 2013, 9:51 pm
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Default Re: Getting our baby NZ Residency

What's SSRV?

How come they're now telling you to get residency before you arrive when previously they have said that you can't get it unless you're in NZ?
Confusing!
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Old Apr 17th 2013, 10:06 pm
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Default Re: Getting our baby NZ Residency

Originally Posted by Persephone View Post
What's SSRV?
I can only find it relating to retiring in Philippines
so no idea
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Old Apr 17th 2013, 10:16 pm
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Default Re: Getting our baby NZ Residency

second or subsequent resident visa- his other one expired before we left unbeknown to us! or him
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Old Apr 17th 2013, 10:25 pm
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Default Re: Getting our baby NZ Residency

Garni, I feel your frustration here. This is why I suggested you get names, log calls etc.

Just to clarify, we did not have a visitors visa for our son when we rocked up in Auckland but this was on the advice from the immigration department. We were told he could enter on a British passport as a visitor for 6 months and we could apply for his residency when we arrived. As a matter of interest, officials at Heathrow were happy for him to board the plane to NZ under this arrangement! So we assumed there would be no problem when we arrived.

The concerning thing is that the immigration department seem to be giving conflicting information and as a normal member of the public, you rely on them to give you correct advice and guidance!

My gut feeling is that the visitors visa would be sufficient. But hey, I'm no immigration official!
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Old Apr 17th 2013, 10:26 pm
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Default Re: Getting our baby NZ Residency

A new abbreviation! Just what we need from NZIS

Does he have an Indefinite RRV or a PRV?
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Old Apr 17th 2013, 11:05 pm
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Default Re: Getting our baby NZ Residency

Persephone- he has a returning residence visa which he 'forgot' to send off to have it transferred to a PRV- and it says must not arrive after 11/mar/2010 so expired!

Hellsbells- i think we are just going to do the residency to be safe- the 800 quid kills me when its 900 $ - yes it is so bleedin annoying that you cant get the same answer from 2 different people in the same office.
I did express worry that the passport might not be back before our final extended family holiday in aug- they did say that i should put a covering letter in with a copy of the flight details and they can always return the passport while the application goes through. Also wanted to book our flights back to NZ but it all feels too much at the moment.
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Old Apr 18th 2013, 5:12 pm
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Default Re: Getting our baby NZ Residency

He forgot!! Men huh

I take it you have a PRV so you must have been the principal candidate when you applied originally. You would normally send all passports in together for PRV. Or did you apply for residency separately?
That's a hassle you don't need.

The situation with dependent children is definitely confusing and it seems that the various offices don't know the rules since they're giving conflicting advice. It does state on the website that the parents must be living in NZ for a child to be granted residency and it looks like that is part of the documentation required in the application
Can I bring my child?
While we welcome your child to New Zealand, you must be lawfully and permanently in New Zealand, and your child will need to meet a number of requirements before they can apply for residence under the Family Dependent Child Category.

As a parent you must
be lawfully and permanently in New Zealand
supply evidence of your residence status
F4.5.1 Definition of 'lawfully and permanently'

People who are lawfully and permanently in a country are either:
a.citizens of that country, or persons who have the right of, or permission to take up, indefinite residence in that country; and actually residing in that country; or
b.living in a refugee camp in that country with little chance of repatriation.
The following link is the page on how to prove you are residents. It is strange in that it uses the old terminology ie residence permits/RRVs but not the new terminology despite being written after the change. If you hold a PRV[?] and your husband has a SSRV then you should be fine IMO
http://www.immigration.govt.nz/migra...encestatus.htm

Sorry to muddy the waters even more but I'd be concerned about getting it right. I know it's expensive but maybe try phoning them again stating what the website says and about how you're getting conflicting information? So frustrating for you

I can't find any other dependent child category so I don't think I'm missing anything here

P
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Old Apr 18th 2013, 5:18 pm
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Default Re: Getting our baby NZ Residency

Originally Posted by hellsbells7070 View Post
As a matter of interest, officials at Heathrow were happy for him to board the plane to NZ under this arrangement! So we assumed there would be no problem when we arrived.
No one should ever assume that because you got out of one port of call in one country ok, you'll be accepted in to the other.

The UK Border agency have no jurisdiction on the immigration rules/laws of NZ and vice versa. Having a UK passport is enough to wave someone goodbye, what happens at the other end is irrelevant to being able to depart from the UK.


That said I hope you get sorted, a nightmare scenario.


Also, I'd warn anyone reading this post in future, that because someone is born in a country doesn't automatically give that person a right to gain a passport. Immigration laws are quite specific on this in most countries and most don't if the parents aren't nationalised.

Otherwise people will be being smuggled across borders to have babies so those babies can be given the passport of the nation they're born in!!
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Old Apr 18th 2013, 5:46 pm
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Default Re: Getting our baby NZ Residency

Hi-
I got my residency first and he got his later! hence why this has been 'allowed' to happen!
Oh well we will get there, we are awaiting an email reply from his case officer (if thats what they are called) as we asked all our questions in a long email!



Originally Posted by Persephone View Post
He forgot!! Men huh

I take it you have a PRV so you must have been the principal candidate when you applied originally. You would normally send all passports in together for PRV. Or did you apply for residency separately?
That's a hassle you don't need.

The situation with dependent children is definitely confusing and it seems that the various offices don't know the rules since they're giving conflicting advice. It does state on the website that the parents must be living in NZ for a child to be granted residency and it looks like that is part of the documentation required in the application




The following link is the page on how to prove you are residents. It is strange in that it uses the old terminology ie residence permits/RRVs but not the new terminology despite being written after the change. If you hold a PRV[?] and your husband has a SSRV then you should be fine IMO
http://www.immigration.govt.nz/migra...encestatus.htm

Sorry to muddy the waters even more but I'd be concerned about getting it right. I know it's expensive but maybe try phoning them again stating what the website says and about how you're getting conflicting information? So frustrating for you

I can't find any other dependent child category so I don't think I'm missing anything here

P
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Old Apr 18th 2013, 8:45 pm
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Default Re: Getting our baby NZ Residency

Originally Posted by TommyLuck View Post
The UK Border agency have no jurisdiction on the immigration rules/laws of NZ and vice versa. Having a UK passport is enough to wave someone goodbye, what happens at the other end is irrelevant to being able to depart from the UK.


UK Border Agency doesn't but the airline does. They do check that passengers have the correct entry requirements into NZ before they leave the UK. When I was a mere visitor to NZ I always had to show I had travel out of NZ. I have seen a few people at check in [visitors] being refused a boarding pass until they can show evidence of a flight out of NZ. The airline does not want the monetary loss associated with someone who should not have travelled in the first place. What you say is correct but in practice the airline does have the ability to say yes or no to leaving the UK to travel to NZ depending on that individual's visa status. They obviously have some knowledge of the NZ entry regs to be able to decide on this. However it is probable that they are not experts so there will be some grey areas, and these are the ones where they use discretion as in Hellsbells case.

However it is always up to immigration in NZ to make the final decision as you said.



Also, I'd warn anyone reading this post in future, that because someone is born in a country doesn't automatically give that person a right to gain a passport. Immigration laws are quite specific on this in most countries and most don't if the parents aren't nationalised.

Otherwise people will be being smuggled across borders to have babies so those babies can be given the passport of the nation they're born in!!
My understanding is that Garni and partner were residents in NZ, moved to the UK, then had a child and now want to return to NZ. They are all on UK passports. The above does not apply to them As residents they can apply for residency for their dependent [British] child
Originally Posted by garni View Post
Hi-
I got my residency first and he got his later! hence why this has been 'allowed' to happen!
Oh well we will get there, we are awaiting an email reply from his case officer (if thats what they are called) as we asked all our questions in a long email!
That's what I assumed as otherwise it didn't make much sense unless you were both completely clueless

Let us know what comes of it. And whatever they say, print off that email when you travel [unless the young one has residency by then]!!
Good luck
P
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Old Apr 18th 2013, 8:57 pm
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Default Re: Getting our baby NZ Residency

Originally Posted by Persephone View Post
That's what I assumed as otherwise it didn't make much sense unless you were both completely clueless

Let us know what comes of it. And whatever they say, print off that email when you travel [unless the young one has residency by then]!!
Good luck
P
mmmmmm....only one of us is clueless in this house
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Old Apr 18th 2013, 10:36 pm
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Default Re: Getting our baby NZ Residency

UK Border Agency doesn't but the airline does. They do check that passengers have the correct entry requirements into NZ before they leave the UK. When I was a mere visitor to NZ I always had to show I had travel out of NZ. I have seen a few people at check in [visitors] being refused a boarding pass until they can show evidence of a flight out of NZ. The airline does not want the monetary loss associated with someone who should not have travelled in the first place. What you say is correct but in practice the airline does have the ability to say yes or no to leaving the UK to travel to NZ depending on that individual's visa status. They obviously have some knowledge of the NZ entry regs to be able to decide on this. However it is probable that they are not experts so there will be some grey areas, and these are the ones where they use discretion as in Hellsbells case.
Quite. Thanks Peresphone. I suppose my point was (as you have said) that after much communication with the immigration department BEFORE I left NZ, we were satisfied that our son would be allowed entry back into NZ (Nothing to do with the fact he was born here, in fact more to do with the fact that he was travelling on a British Passport). The fact that the airline had no problem with us travelling under these circumstances just reinforced the argument that our situation was acceptable, which as it turned out, was not!

I apologise for hijacking your thread Garni, I appreciate this is not about me. I really hope you manage to get your RV sorted in time.
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Old Apr 18th 2013, 11:40 pm
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Default Re: Getting our baby NZ Residency

This may be so, but the airline still aren't accountable for letting someone fly.

The arguement that my carrer allowed me to travel isn't going to hold up with an immigration official.

My overriding point is to never assume something.

The conflicting information from immigration officials doesn't help.

My ultimate advise would be this;

If you are unsure about ANYTHING and you are in the UK. Spend the money and take the time to travel to London and speak to NZIS in person. That way you can deal with one person and get everything answered in one fell swoop.

I'm fortunate that I'm close enough I cycled to, at the time, NZ house to do this, but the time and effort was invaluable. I would recommend it to anyone, wherever they were travellingn from in the UK.

Getting a visa is hardly a snap decision.
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