F5.25 Dependent children under 16 with only one parent holding New Zealand citizenship or a New Zealand residence class visa

1. If one of the parents of a child under the age of 16 is not a New Zealand citizen or resident, the New Zealand citizen or resident parent must have the right to remove the child from the child’s country of residence.
2. Such children will not be granted a residence class visa unless the New Zealand citizen or resident parent produces satisfactory evidence of their right to remove the child from the child’s country of residence.
3. Except where (e) applies evidence of the right to remove the dependent child from the child’s country of residence in situations where one parent is not a New Zealand citizen or resident, but the parents are not separated or divorced, must include:
   1. a written statement confirmed by both parents at an interview with an immigration officer, either in person or by phone; or
   2. a court order permitting the applicant to remove the child from the child’s country of residence.
4. If because of the death of one of the parents of a child under the age of 16, only one parent holds New Zealand citizenship or residence class visa, the death certificate of the other parent must be provided.
5. Where an immigration officer is satisfied that:
   1. by virtue of local law, the New Zealand citizen or resident parent has the statutory right to custody of the child; and
   2. it is not possible or required under that local law to obtain individualised legal documents to verify that custodial right, the New Zealand citizen or resident parent will be considered by INZ to have the right to remove the child from the child’s country of residence.

Effective 07/05/2018