Will my new baby be a Kiwi or a Brit?

Old Jun 11th 2012, 3:55 am
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Default Will my new baby be a Kiwi or a Brit?

Hi there,

I am new to this forum but wondered if anyone can give me some advice of my current situation please?

My partner and I are both British Citizens who came to NZ on a Work to Residency Visa sponsored by our employers in Sept 2008.

After 2 years we obtained Residency Visas but NOT RRV's. Our current visa's show an 'Indefinite' visa expiry but an expiry travel date of January 2013.

Now on to my question...

We are expecting a baby next month and my understanding is that as long as one or both of the parents have an 'indefinite visa', then the baby will get automatic residency.

Can anyone please confirm if this is correct?

We had another Child in 2009 when we were both still on work visas and he was NOT eligible for residency as we were not on permanent visas. He is in fact a British Citizen with a British Passport and a NZ residence visa, the same as us.

My question is: does our Residence Visa (with a travel expiry date) give us an 'indefinite' status and entitle our new baby to get kiwi citizenship and subsequently a NZ passport?

We will be travelling back to the UK for a holiday (within the Visa stipulated dates) and I need to know if we need to get a British Passport of Kiwi one for new the new baby.

Thanks in advance! I hope this makes sense!
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Old Jun 11th 2012, 4:58 am
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Default Re: Will my new baby be a Kiwi or a Brit?

It makes sense.

Please read HERE Internal Affairs.

You may already be a New Zealand citizen if you were:
  • Born in New Zealand, the Cook Islands, Niue, Tokelau, or the Ross Dependency prior to 1 January 2006.
  • [*]
  • [*]
  • Legally adopted by a New Zealand citizen parent (if you were adopted overseas we need to check that their adoption laws are similar to ours).
  • A British subject resident in New Zealand during all of 1948. For further information please contact us.
  • Granted New Zealand citizenship.
  • Born overseas to a New Zealand citizen parent.
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Old Jun 11th 2012, 7:08 am
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Default Re: Will my new baby be a Kiwi or a Brit?

Thanks Bev, I appreciate your help.

I have actually contacted the immigration department who have re-iterated what you have posted here.

What I am unsure about is whether our Residency Visa's entitle us to be in NZ 'Indefinitely' as there is a travel date stipulation on the visa.

If they do then there is no doubt that the baby will get citizenship.

The Department for Citizenship(?) also confirms this in principle but no-one seems to be able to tell me if our Residence Visas are classed as 'Indefinite'.

It seems to be a can of worms to me!
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Old Jun 12th 2012, 7:34 am
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Default Re: Will my new baby be a Kiwi or a Brit?

Originally Posted by hellsbells7070 View Post
Thanks Bev, I appreciate your help.

I have actually contacted the immigration department who have re-iterated what you have posted here.

What I am unsure about is whether our Residency Visa's entitle us to be in NZ 'Indefinitely' as there is a travel date stipulation on the visa.

If they do then there is no doubt that the baby will get citizenship.

The Department for Citizenship(?) also confirms this in principle but no-one seems to be able to tell me if our Residence Visas are classed as 'Indefinite'.

It seems to be a can of worms to me!
Your residency visa like mine is indefinite but has a two year travel restriction on it. What this means is that:
(i) After two years of residency you can apply to get it lifted if you have been in the country for something like half of each of the two years. You are therefore restricted in how long you can be outside of NZ for the first two years of your residency.
(ii) Never be outside of NZ once this date is passed without having got the restriction lifted.

If you meet the criteria to have your restriction lifted (and there are four ways this can be achieved) then it is a formality to get it lifted -- there are no new medicals for instance.
It is an indefinite visa as long as you meet these criteria.
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Old Jun 12th 2012, 3:04 pm
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Default Re: Will my new baby be a Kiwi or a Brit?

I keep getting into trouble for posting my opinion on this site but sounds to me (please note I am not a licensed immigration advisor) that provided you do not breach your travel conditions then you would meet the 2nd bullet point regulation as posted by BEVS, this is because you have indefinite leave to remain in NZ i.e PR visas but subject to the travel restriction condition. However, if you want to travel after the baby is born in NZ and before you have fully met the travel condition stage, logically you would need a british passport for the baby as it might be that you go to the UK and dont come back ( and therefoe fail to meet the travel condition on your indefinite leave to remain, I hope this also sounds logical to someone else. Please note this is purely my opinion, if you want to be sure please check again with INZ!!
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Old Jun 12th 2012, 6:52 pm
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Default Re: Will my new baby be a Kiwi or a Brit?

Best to formalise both citizenships as soon as possible just in case any rules change so maybe apply for the UK passport now and the Kiwi passport when your travel restriction is lifted so no doubt???
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Old Jun 12th 2012, 6:56 pm
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Default Re: Will my new baby be a Kiwi or a Brit?

Originally Posted by James Baker View Post
I keep getting into trouble for posting my opinion on this site but sounds to me (please note I am not a licensed immigration advisor) that provided you do not breach your travel conditions then you would meet the 2nd bullet point regulation as posted by BEVS, this is because you have indefinite leave to remain in NZ i.e PR visas but subject to the travel restriction condition. However, if you want to travel after the baby is born in NZ and before you have fully met the travel condition stage, logically you would need a british passport for the baby as it might be that you go to the UK and dont come back ( and therefoe fail to meet the travel condition on your indefinite leave to remain, I hope this also sounds logical to someone else. Please note this is purely my opinion, if you want to be sure please check again with INZ!!
Not sure I follow this JB, the baby will need A passport to travel, whichever it gets is evidence of citizenship so it doesnt matter as far as "not coming back" is concerned if the baby has either passport. Should they decide to remain in GB then the baby can get a UK passport at any stage if it travelled on a Kiwi one.
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Old Jun 12th 2012, 7:00 pm
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Default Re: Will my new baby be a Kiwi or a Brit?

Originally Posted by James Baker View Post
I keep getting into trouble for posting my opinion on this site
Just keep in mind that largely it is NZIS rules and actual process that counts, not any posters opinion....
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Old Jun 12th 2012, 11:06 pm
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Default Re: Will my new baby be a Kiwi or a Brit?

Originally Posted by simonsi View Post
Just keep in mind that largely it is NZIS rules and actual process that counts, not any posters opinion....
Absolutely! Opinions are no use to anyone when it comes to matters of Immigration. Better to say nothing if you are not 100% sure of the advice you are giving.
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Old Jun 12th 2012, 11:33 pm
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Default Re: Will my new baby be a Kiwi or a Brit?

Originally Posted by James Baker View Post
I keep getting into trouble for posting my opinion on this site
You are not 'in trouble' for posting an opinion. You are being asked to be cautious about what you write to others & that is because of other posts you have made into the Immy section. Mis-information helps no-one.
I am happy to help you to help in here, if you wish to help . Guys. I made need some help !

JB - Have some tea whilst I still have my teapot & before I turn back into the ole bag.

What we really need is for JAJ to appear. He doesn't answer to PMs or owt but he is first rate on this type of stuff.


edit....Rats ! Where is my further post on this subject. I must have started and then got distracted.

Last edited by BEVS; Jun 12th 2012 at 11:36 pm.
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Old Jun 13th 2012, 12:19 am
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Default Re: Will my new baby be a Kiwi or a Brit?

Was thinking that JAJ needs to make an appearance as well!

Hellsbells, you would not get RRVs as they stopped being issued in Novenber 2010. You get travel conditions instead which is essentially the same thing but with a different name.
Your residency is indefinite and does not expire until you leave NZ [even if your travel conditions do expire]

From 1 January 2006, children born in New Zealand (or in the Cook Islands, Niue or Tokelau) acquire New Zealand citizenship at birth only if at least one of their parents:
is a New Zealand citizen; or
is entitled to be in New Zealand indefinitely in terms of the Immigration Act 2009 (i.e. has a residence permit or visa, or is an Australian citizen or permanent resident); or
is entitled to reside indefinitely in the Cook Islands, Tokelau or Niue.
Dept of Internal Affairs

From that it would appear that your child would be a NZ citizen even if you have not got a permanent residency visa [the new equivalent to an indefinite RRV]. You do have a residence visa. However this is something you need an official answer to rather than relying on my interpretation.

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Old Jun 13th 2012, 3:53 am
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Default Re: Will my new baby be a Kiwi or a Brit?

If you have been granted permission to remain indefinitely in NZ, at the time the child is born, then the child should be a New Zealand citizen by birth.

This should be documented as part of the child's NZ birth registration. After that, get a New Zealand passport for the child.

http://www.dia.govt.nz/diawebsite.ns...s?OpenDocument
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Old Jun 13th 2012, 6:02 am
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Default Re: Will my new baby be a Kiwi or a Brit?

Originally Posted by JAJ View Post
If you have been granted permission to remain indefinitely in NZ, at the time the child is born, then the child should be a New Zealand citizen by birth.

This should be documented as part of the child's NZ birth registration. After that, get a New Zealand passport for the child.

http://www.dia.govt.nz/diawebsite.ns...s?OpenDocument
A fairy wish has been granted. Many thanks JAJ
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Old Jun 13th 2012, 6:54 am
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Default Re: Will my new baby be a Kiwi or a Brit?

Thank you so much JAJ

Plus. I have just spoken with someone I know who has had a babe here whilst in their first 2 years as residents. By this I mean they had an indefinite resident visa , as you do ,but it had the usual restricted travel conditions.

That lad is an NZ citizen.
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Old Jun 19th 2012, 4:29 am
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Default Re: Will my new baby be a Kiwi or a Brit?

Thanks to everyone for their advice/comments on this, I am very grateful.

My gut feling is that the travel restrictions will not affect our 'indefinate' residence visa so therefore bubs will be a NZ citizen when it is born....which is better for us in terms of speed/cost of getting a passport.

Just as an aside comment, we can not apply for our Citizenship yet as we have not met the requirements of our current residence visa. ie had it for 2 years. When we travel to the UK at Christmas, my partner and I will still be on our Resident Visas but will return to NZ before the travel restriction expires. We can only apply for Citizenship after we have had the RV for 2 years which is up after we return the NZ.

I suppose what I need to do is get bubs a birth certificate ASAP and hope it comes showing NZ citizenship! Thanks again.
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