Kiwi Baby to UK Mum - ? Citizenship

Old Oct 9th 2012, 9:23 am
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Question Kiwi Baby to UK Mum - ? Citizenship

Hi
I am writing on behalf of a family member who is over here in New Zealand on a Working Holiday Visa that expires on 8 November.
She is now pregnant and the father is a kiwi so I am assuming the baby will also be a NZ citizen.
Will the above help her to gain residency/citizenship in NZ?
She does not have a trade/profession on the shortages list.
Cheers
Kerry
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Old Oct 9th 2012, 10:31 am
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Default Re: Kiwi Baby to UK Mum - ? Citizenship

Being pregnant won't allow her to stay in NZ, so the baby will be born overseas unless another work visa is applied for.

The parent(s) will then need to apply for the child to have NZ citizenship by descent (this is standalone, it doesn't depend on anything else being applied for by either parent).

Then mum will need to submit an EOI and be invited to apply under the Parent category. That category has quite an extended processing time (up to 7yrs by NZIS figures), and I can't see why it would be reduced for your friends circumstances.

Separately of course, your friend can apply under the partner category if supported by the father. Key timescale there is the need to show a stable partnership of 12mths or more using NZIS criteria.

It may be worth you consulting an immigration lawyer as you want to do this right, but the above is my understanding of the options.
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Old Oct 14th 2012, 8:27 pm
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Default Re: Kiwi Baby to UK Mum - ? Citizenship

Originally Posted by Kerry Bastow View Post
Hi
I am writing on behalf of a family member who is over here in New Zealand on a Working Holiday Visa that expires on 8 November
Oopsies. That's not good for several reasons.
1 - She has no status here in NZ other than a temporary WHV
2 - She may have difficulties returning to the UK with her baby if the baby's father objects.

She is now pregnant and the father is a kiwi so I am assuming the baby will also be a NZ citizen.
Yes. The baby's father is an NZ citizen.

Will the above help her to gain residency/citizenship in NZ?
No.

She does not have a trade/profession on the shortages list.
How long has she been in a relationship with the Kiwi lad?
How long was her WHV for?
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Old Oct 20th 2012, 3:14 pm
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Default Re: Kiwi Baby to UK Mum - ? Citizenship

Originally Posted by BEVS View Post
Oopsies. That's not good for several reasons.
1 - She has no status here in NZ other than a temporary WHV
2 - She may have difficulties returning to the UK with her baby if the baby's father objects.
This is a real concern. If she has any plan to bring the child up in the U.K. then she probably needs to get back to the United Kingdom before the child is born. If the child is born in New Zealand, she will probably need the permission of the father and/or the New Zealand courts to remove the child from NZ.

Bear in mind that pregnant women can't fly in the last stages of pregnancy.

Even worse is a situation where she is stuck in New Zealand with the child, but without residence rights. Then she probably doesn't have access to work, healthcare, social protection, etc.

Even if she returns to the U.K. it doesn't stop her developing the relationship with the child's father and later on returning to NZ on a spouse/partner visa. Child will still be a New Zealand citizen (if born in the U.K.) provided that a. the father is documented on the birth certificate and b. the father was born or naturalised in New Zealand.

If she is absolutely determined to stay in New Zealand short term, and the above issues are not a concern, then she should see an immigration lawyer to find out what options are there. She may have to consider the spouse/partner visa.
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