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F5.1 How do dependent children qualify for a resident visa?

  1. Principal applicants meet Dependent Child Category if their parent(s) are eligible to support a residence class visa under the Dependent Child Category (F5.1.5) and the applicant is:
    1. aged 21 to 24,
      • with no child(ren) of their own,
      • single (see F5.5), and
      • totally or substantially reliant on an adult (whether their parent or not) for financial support, whether they live with them or not; or
    2. aged 18 to 20,
      • with no child(ren) of their own and
      • single (see F5.5); or
    3. aged 17 or younger and single (see F5.5).
  2. Where the parent(s) has previously applied for a residence class visa, principal applicants under Dependent Child Category must also:
    1. have been born to, or adopted by (see R3), their parent(s) before their parent(s) made their own application for a residence class visa, and have been declared as dependent children on their parent(s) application for a residence class visa; or
    2. have been born to their parent(s) after their parent(s) made their own application for a residence class visa; or
    3. have been adopted by (see R3) their parent(s) after their parent(s) made their own application for a residence class visa, by a New Zealand adoption order made under the Adoption Act 1955, or an overseas adoption order which, under section 17 of the Adoption Act 1955, has the same effect as a New Zealand adoption order.
  3. Unless an immigration officer is satisfied that the provisions at (d) below are met, applications for residence under Dependent Child Category will be declined if:
    1. the parent(s) of the principal applicant has previously applied for a residence class visa; and
    2. the principal applicant was born to, or adopted by, their parent(s) before their parent(s) application was decided; and
    3. the principal applicant was not declared as a dependent child on the parent(s) application for a residence class visa.
  4. An application may be approved, however, if all other requirements are met and an immigration officer is satisfied that the parent(s) non-declaration of the child occurred with:
    1. no intent to mislead on the part of either parent; and
    2. the outcome of the parent’s residence class visa application would not have been different had the dependent child been declared.

      Note: Immigration officers should not decline an application on the basis of provision (c) above without first providing the principal applicant an opportunity to explain the non-declaration in accordance with R5.15 Explaining discrepancies in family details.

  5. When determining whether a child of 21 to 24 years of age is totally or substantially reliant on an adult (whether their parent or not) for financial support, immigration officers must consider the whole application, taking into account all relevant factors including:
    • whether the child is in paid employment, whether this is full time or part time, and its duration;
    • whether the child has any other independent means of financial support;
    • whether the child is living with its parents or another family member, and the extent to which other support is provided;
    • whether the child is studying, and whether this is full time or part time.
  6. Principal applicants under Dependent Child Category must meet health and character requirements (see A4 and A5).

F5.1.5 Eligibility to support a residence class visa application under the Dependent Child Category

Parent(s) are eligible to support a residence class visa application under the Dependent Child Category if they are:

  1. lawfully and permanently in New Zealand (F5.5.5); and
  2. not liable for deportation, or a person whose deportation liability has been suspended.

Effective 29/05/2017

PREVIOUS IMMIGRATION INSTRUCTIONS

F5.1 How do dependent children qualify for a resident visa? (22/08/2016)

F5.1 How do dependent children qualify for a resident visa? (18/04/2014)

F5.1 How do dependent children qualify for a resident visa? (24/03/2014)

F5.1 How do dependent children qualify for a resident visa? (30/07/2012)

F5.1 How do dependent children qualify for a resident visa? (29/11/2010)

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