V3.30 Children adopted overseas before their New Zealand citizenship is confirmed

Children entering New Zealand with their adoptive parents may be granted a visa authorising a maximum stay of 6 months, provided that:

1. an Immigration Officer is satisfied that:
   1. the child has made an application for New Zealand citizenship; and
   2. the child’s overseas adoption order has the same effect as a New Zealand adoption order under section 17 of the Adoption Act 1955 or the Adoption (Intercountry) Act 1997 (see F5.10.25); and
2. a birth certificate for the child and evidence of the adoptive parents' citizenship are submitted.
3. Despite V3.30(a)(ii), where the applicant is subject to an overseas adoption order described in section 17(1) and 17(2) of the Adoption Act 1955, a visa cannot, as a result of the adoption, be granted under these instructions unless the adoption is from an ‘exempt country’ (see section 17(3)(b) and (4) of the Adoption Act 1955).

Notes:
- For the purposes of (c), an ‘exempt country’ is one that is listed at Schedule 1AAB of the Adoption Act 1955.
- Where (c) applies, there is no discretion available, either under the Adoption Act 1955, the Immigration Act 2009, or through an ‘exception to instructions’, to grant a visa under V3.30, though an immigration officer may consider granting a visa under other categories of temporary entry instructions.

V3.30.1 Further visas for children adopted overseas

1. Temporary visas may be granted (for a maximum of 12 months at a time) for a total stay long enough for the Department of Internal Affairs to assess the adopted child's citizenship application.
2. Immigration officers must sight confirmation that the Department of Internal Affairs is processing the application.

Effective 18/09/2025