If your child stays in New Zealand after their visa expires

Your children must have a valid visa, or be a New Zealand citizen, to stay in New Zealand.

If their visa has expired and they are still in New Zealand, they will be here unlawfully. They must leave New Zealand immediately or they may be deported.

Check their visa expiry 

You can find their visa expiry date in their passport or in the eVisa letter we sent you.

If your child was born in New Zealand, they may have been deemed to hold a visa. For more information about how to check their status, go to:

Children born in New Zealand

How your child can stay in New Zealand 

Your child must get another visa if they want to stay in New Zealand.

People, including children, cannot apply for a visa if they are here unlawfully. However, you may be able to make a request for a visa for them under Section 61 of the Immigration Act 2009.

For more information about how to make a Section 61 request and what happens when we assess the request, go to:

If you stay in New Zealand after your visa expires

If you are applying for a resident visa

If you applied for a resident visa on or after 12 November 2026 and you have a child unlawfully in New Zealand, your application cannot be approved until they either:

• get another visa, or
• leave New Zealand.

For information about how we define dependent children, check:

Bringing children

If you are applying for a Second or Subsequent Resident Visa, a Permanent Resident Visa or an Australian Resident Visa, you may still be eligible for these visas even if you have a dependent child unlawfully in New Zealand.

Children aged 15 or younger

You can get a resident visa while your child is here unlawfully if:

• your dependent child is aged 15 or younger, and
• you do not have the legal right to remove them from either the country where custody or visitation rights were granted or from their country of residence.

We may ask you for more information and evidence. For example, custody documents.

If their visa expires during your application

If they are included in your application, your application must be put on hold until they get a valid visa or leave New Zealand.

If they are not included in your application, or you remove them, your application will be declined if they stay in New Zealand unlawfully.

If your child leaves New Zealand

Your application may be approved if you meet all the other requirements for your visa.