F5.10 Evidence

See F5.10 Effective 01/10/2001
See F5 Effective 26/07/1999

Immigration Act 1987 s 13B(3)(e)

The items listed in F5.10.1 to F5.10.35 below are examples of relevant evidence: other documents may also be relevant.

F5.10.1 Evidence of dependent child's relationship to parent(s)

1. Evidence of the dependent child's* relationship to parent(s) is original or certified copies of:
   1. birth certificates establishing the relationship of the dependent child* to its parent(s), or
   2. household registration documents, if these establish the relationship of the dependent child* to the parent(s), or
   3. evidence of adoption (see R3), which establishes the relationship of the dependent child* to the parent(s).
2. Other evidence establishing the relationship of the children to the parents may also be provided.

F5.10.5 Evidence of declaration by parent(s)

Evidence of declaration as a dependent child* is the declaration of children on the parent(s') residence application form.

F5.10.10 Evidence that principal applicant* is single*, with no children, and 24 or younger

1. Evidence that the principal applicant* is single*, with no children, and aged 17 to 24, is:
   1. a declaration in the residence application form that the principal applicant* is not married, is not in a civil union, and is not living in a de facto relationship, and
   2. a declaration in the residence application form that the principal applicant* has no children, and
   3. a birth certificate or other evidence that the principal applicant* is aged 17 to 24.
2. Evidence that the principal applicant* is single*, and 16 or younger, is:
   1. a declaration in the residence application form that the principal applicant* is not married, is not in a civil union, and is not living in a de facto relationship, and
   2. a birth certificate or other evidence that the principal applicant* is 16 or younger.

F5.10.15 Evidence of financial dependence (see F5.1)

1. Up to 17 years of age, if a child is unmarried and has no children of its own, it is presumed to be dependent.
2. For children aged 17 to 24, evidence of actual dependence may be required.

F5.10.20 Evidence of adoption under New Zealand Adoption Act 1955 (see F5.1(b)(iii))

Evidence is the original or a certified copy of the Notice of Adoption Order.

Note: Notices of interim orders are not evidence of adoption.

F5.10.25 Evidence that overseas adoption has same effect as a New Zealand adoption (see F5.1(b)(iii))

Evidence that an overseas adoption has the same effect as a New Zealand adoption under section 17 of the Adoption Act 1955, includes:

1. a ruling from a New Zealand court; or
2. the assessment of the processing officer, if there are clear precedents for adoptions from the country concerned.

F5.10.30 Evidence of parent(s)' New Zealand citizenship or residence

1. Evidence that parent(s) are New Zealand citizens may include but is not limited to original or certified copies of:
   • a valid New Zealand passport, or
   • a Certificate of New Zealand Citizenship, or
   • a recent official statement of citizenship from the Department of Internal Affairs, or
   • a New Zealand birth certificate.
2. Evidence that parents are New Zealand residents* is:
   1. a current* New Zealand residence permit or returning resident's visa in their passport or travel document, or
   2. a valid Australian passport.

F5.10.35 Evidence of being 'lawfully and permanently'* in New Zealand

Evidence must be provided of actual residence in New Zealand. Evidence may include but is not limited to original or certified copies of:

• correspondence addressed to the applicant
• employment references
• rates demands
• income tax returns
• mortgage documents
• documents showing that household effects have been moved to New Zealand.

Effective 04/07/2005