Will my new baby be a Kiwi or a Brit?
Jun 19th 2012, 8:59 am
#16
Queen of the Underworld
Joined: Dec 2007
Location: In NZ!
Posts: 4,785
Re: Will my new baby be a Kiwi or a Brit?
No need to rely on gut feeling, it's there in black and white
I'm not sure where you read that you have to have a resident visa for two years before you can gain NZ citizenship. You have to have held a resident visa for 5 years before you can become a citizen.
You can convert your resident visa with 2y travel conditions to a permanent resident visa once your travel conditions expire and if you fulfill one of the five conditions allowing you to convert. Is this what you meant? A PRV is not the same as citizenship. A PRV means you can spend as long as you like outside NZ and still return and take up residency [as long as they don't decide to change the rules in the future...]
I'm not sure where you read that you have to have a resident visa for two years before you can gain NZ citizenship. You have to have held a resident visa for 5 years before you can become a citizen.
You can convert your resident visa with 2y travel conditions to a permanent resident visa once your travel conditions expire and if you fulfill one of the five conditions allowing you to convert. Is this what you meant? A PRV is not the same as citizenship. A PRV means you can spend as long as you like outside NZ and still return and take up residency [as long as they don't decide to change the rules in the future...]
Jun 19th 2012, 10:03 am
#17
Just Joined
Thread Starter
Joined: Jun 2012
Posts: 15
Re: Will my new baby be a Kiwi or a Brit?
Yes this is what I meant, just got my terminology wrong. Baby brain!
I realise it's 5 years before you can get Citizenship; I was responding to an earlier comment about 'sorting out my citizenship status' when I said I couldn't apply (for a RRV, or now a RV with travel restrictions lifted) until we had had the RV (with restrictions) for 2 years.
My original query was whether my RV (with travel restrictions) still gives me an 'indefinate' RV. Obviously, if I had a RV with restrictions lifted, I would not be concerned as there would be no ambiguity as to whether my status was indefinate or not.
As for being written in 'Black and White', I reckon it really is down to interpretation, and I do agree with your previous post;
Quote: 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),
This does imply that the baby will be a citizen as we have a residence permit (travel restrictions or not) and other comments from JAJ and BEVS have given me a little more confidence too!
Well, one more month to go and we can find out for definate!
I realise it's 5 years before you can get Citizenship; I was responding to an earlier comment about 'sorting out my citizenship status' when I said I couldn't apply (for a RRV, or now a RV with travel restrictions lifted) until we had had the RV (with restrictions) for 2 years.
My original query was whether my RV (with travel restrictions) still gives me an 'indefinate' RV. Obviously, if I had a RV with restrictions lifted, I would not be concerned as there would be no ambiguity as to whether my status was indefinate or not.
As for being written in 'Black and White', I reckon it really is down to interpretation, and I do agree with your previous post;
Quote: 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),
This does imply that the baby will be a citizen as we have a residence permit (travel restrictions or not) and other comments from JAJ and BEVS have given me a little more confidence too!
Well, one more month to go and we can find out for definate!
Jun 19th 2012, 10:39 pm
#18
`
Joined: Oct 2003
Posts: 38,611
Re: Will my new baby be a Kiwi or a Brit?
Actually, it is a given. Rules are rules & not open to interpretation at all.
Um. Nope. That isn't how it works. 
You'll be sent a registration form which you will complete and return within a given amount of time. With that you will show proof of NZ residency as parents ( which you have) & NZ Dept of Internal Affairs will check that with NZIS. Once this is all done, then you apply for the birth certificate. You can choose from a few pretty designs.
You have this.
Originally Posted by hellsbells
I suppose what I need to do is get bubs a birth certificate ASAP and hope it comes showing NZ citizenship
You'll be sent a registration form which you will complete and return within a given amount of time. With that you will show proof of NZ residency as parents ( which you have) & NZ Dept of Internal Affairs will check that with NZIS. Once this is all done, then you apply for the birth certificate. You can choose from a few pretty designs.
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
How is citizenship status decided?
The birth registration form asks parents for their citizenship or immigration status and this information is checked by the Department of Internal Affairs. Citizenship status for the newborn is worked out from that information and is recorded on the child’s birth registration.
The birth registration form asks parents for their citizenship or immigration status and this information is checked by the Department of Internal Affairs. Citizenship status for the newborn is worked out from that information and is recorded on the child’s birth registration.
Jun 20th 2012, 12:55 am
#19
Just Joined
Thread Starter
Joined: Jun 2012
Posts: 15
Re: Will my new baby be a Kiwi or a Brit?
Erm, I think there may be a miscommunication here, we are saying the same thing...
I appreciate the process in applying for a Birth Certificate; I have done it once before (and my son was deemed NOT to be a NZ Citizen but a UK one), hence the original concern. Yes, my partner and did not have residency visas at the time so I know this time is different but you can apprecite my reason for wanting to find out the difference now we have RV's.
I still do 'have to get bubs a Birth Cert', of course through the correct channels but I refer to my very first post and re-iterate that the baby's birth cert/immigration status and subsequent passport will entirely depend on us having an indefinate status, I quote:
I now appreciate from discussions on this thread that:
So it does seem that new baby will adopt citizenship, which is great!
I appreciate the process in applying for a Birth Certificate; I have done it once before (and my son was deemed NOT to be a NZ Citizen but a UK one), hence the original concern. Yes, my partner and did not have residency visas at the time so I know this time is different but you can apprecite my reason for wanting to find out the difference now we have RV's.
I still do 'have to get bubs a Birth Cert', of course through the correct channels but I refer to my very first post and re-iterate that the baby's birth cert/immigration status and subsequent passport will entirely depend on us having an indefinate status, I quote:
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?
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);
•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);
Jun 20th 2012, 3:48 am
#20
Retired
Joined: Apr 2004
Posts: 34,649
Re: Will my new baby be a Kiwi or a Brit?
It is possible for a child born in New Zealand to non-citizen/PR parents to be stateless if the child inherits neither parent's nationality.
Also, one should observe that while NZIS/DIA etc, interpret the law, it is always subject to review by the New Zealand courts.
