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A17.5 Immigration status of persons born in New Zealand on or after...

A17.5 Immigration status of persons born in New Zealand on or after 1 January 2006 who are determined by the Department of Internal Affairs not to be New Zealand citizens

See also Immigration Act 2009 s 374

  1. The immigration status of a person born in New Zealand on or after 1 January 2006 where both parents are recorded on the person’s original birth record is to be determined as follows:
    1. if both parents held any type of temporary visa (other than a limited visa), the person is deemed to hold a temporary visa of the duration of the unexpired period of the visa of the parent whose temporary visa has the longest unexpired period; or
    2. if one parent only held any type of temporary visa (other than a limited visa), the person is deemed to hold a temporary visa of the duration of the unexpired period of that parent's temporary visa; or
    3. if both parents held limited visas, the person is deemed to hold a limited visa of the duration of the unexpired period of the visa of the parent whose limited visa has the longest unexpired period; or
    4. if one parent only held a limited visa, the person is deemed to hold a limited visa of the duration of the unexpired period of that parent's limited visa; or
    5. if both parents held interim visas, the person is deemed to hold an interim visa of the duration of the unexpired period of the visa of the parent whose interim visa has the longest unexpired period; or
    6. if one parent only held an interim visa, the person is deemed to hold an interim visa of the duration of the unexpired period of that parent’s interim visa; or
    7. if both parents were unlawfully in New Zealand, the person is deemed to be unlawfully in New Zealand and to have unlawful status on the same basis and for the same duration as the parent whose unlawful status is of the shortest duration.
  2. The immigration status of a person born in New Zealand on or after 1 January 2006 where one parent only is recorded on their original birth record is to be determined as follows:
    1. where the parent held a temporary visa (other than a limited visa), the person is deemed to hold a temporary visa of the duration of the unexpired period of the parent's temporary visa; or
    2. where the parent held a limited visa, the person is deemed to hold a limited visa of the duration of the unexpired period of the parent's limited visa; or
    3. where the parent held an interim visa, the person is deemed to hold an interim visa of the duration of the unexpired period of the parent’s interim visa; or
    4. where the parent was unlawfully in New Zealand, the person is deemed to be unlawfully in New Zealand on the same basis and for the same duration as the parent's unlawful status.

A17.5.1 Procedure for making a request for a statement of immigration status of persons born in New Zealand on or after 1 January 2006

  1. Parents who wish to have a statement of immigration status for their son or daughter may request a letter regarding that status on the form Request for Statement of Immigration Status of a person born in New Zealand on or after 1 January 2006.
  2. People making such a request should supply the following documents:
    1. the person’s New Zealand birth certificate; and
    2. evidence of the immigration status of the parent(s) at the time of the person’s birth in New Zealand; and
    3. the person’s current passport or travel document (if the person has one); or
    4. the parent's passport or travel document if the person is endorsed in their parent's passport.
  3. The person’s immigration status will be determined as per A17.5.

No fee is required for the provision of the statement of immigration status.

Effective 29/11/2010

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