2012-Oct 12: Assessment of dependent children for residence

Visa Pak 86- Guidelines for the assessment of dependent children for residence including age and dependency criteria.

Visa Paks

12 October 2012

Operations Support has recently received questions about how dependent children qualify for a resident visa under F5, and in particular:

Age

Whether the age of the dependent child applicant applies at the time the application is made (i.e. lodgement) or at the time the application is assessed.

Other dependency criteria Whether the other dependency criteria, as required (“be totally or substantially reliant on an adult for financial support, whether they live with them or not”, and “single” and “their parent(s) is lawfully and permanently in New Zealand”) applies at the time the application is made (i.e. lodgement) or at the time the application is assessed.

Advice:

Age R5.6 Age of applicant in effect “freezes” an applicant’s age at the time the application is made (i.e. lodgement) for the purpose of assessment, (unless a specific provision in instructions states otherwise). Immigration Officers must therefore assess the dependent child applicant’s age requirement at the time the application is made (i.e. lodgement).

Other dependency criteria An application for residence must be determined in accordance with the residence instructions in place at the time the application is made (i.e. lodgement). However, the Immigration Act 2009 places an obligation on applicants to keep Immigration New Zealand informed of any change in their circumstances that occur after the application is made. Therefore, it is at the time the application is assessed that the dependent child applicant must meet the other dependency criteria (see R2.1.27, R2.1.30, R5.30 and F5.1).

It should be noted that the “other dependency criteria” that apply to the applicant are those that relate to the age at the time the application is made (i.e. lodgement).