F4.30 Family relationship requirements for the Parent Category

F4.30.1 Who are considered to be children of the applicant?

1. For the purposes of the Parent Category, children of the applicant include:
   1. all biological or adopted children of the applicant; and
   2. any child of the applicant's partner (whether or not the partner is included in the application) if that child has lived with the principal applicant for a predominant period of the child's life between the time their relationship with the principal applicant began and until the time the child turned 18 years of age.
2. For the purposes of the Parent Category, where the applicant is a legal guardian, children of the applicant include:
   1. the New Zealand citizen or resident sponsor; and
   2. all biological and adopted children of the applicant; and
   3. any children of whom they are (or were) legal guardians by reason of the parents of those children being deceased; and
   4. any child of the applicant's partner (whether or not the partner is included in the application), if that child has lived with the applicant for a predominant period of the child's life between the time their relationship with the applicant began and until the time the child turned 18 years of age.
3. For the purposes of the Parent Category, where the applicant is a grandparent, children of the applicant include:
   1. the New Zealand citizen or resident sponsor; and
   2. all biological and adopted children of the applicant; and
   3. any child of the applicant's partner (whether or not the partner is included in the application), if that child has lived with the applicant for a predominant period of the child's life between the time their relationship with the applicant began and until the time the child turned 18 years of age.

F4.30.5 Applicants who have dependent children

Applicants under the Parent Category must not have any dependent children (see F4.20.1). An application will be declined if any applicant(s) included in the application have dependent children.

F4.30.10 Grandparents and legal guardians

Only one grandparent and their partner, or one legal guardian and their partner, may be sponsored under Parent Category.

F4.30.10.1 Grandparents

A sponsoring adult child’s grandparent and their partner will be considered to be ‘parent(s)', and the sponsor will be considered to be an ‘adult child' under Parent Category if both the sponsor's parents are deceased (F4.40.5 and F4.40.15).

F4.30.10.5 Legal guardians

A sponsor adult child’s legal guardian and their partner will be considered to be ‘parent(s)' and the sponsor will be considered to be an 'adult child' under Parent Category (see F4.40.10 and F4.40.15) if:

1. both the sponsor's parents died before the sponsor attained the age of 18 years; and
2. the applicant had legal guardianship of the sponsor (that is, custody of the sponsor and the right to control the sponsor's upbringing) before the sponsor attained the age of 18 years; and
3. the applicant was the most recent legal guardian of the sponsor.

Effective 12/10/2022