Persons born in New Zealand on or after 1 January 2006

At a glance

A child born in New Zealand on or after 1 January 2006 who is determined by the Department of Internal Affairs not to be a New Zealand citizen is deemed to have the most favourable immigration status of either parent at the time of birth. [A17.1]

Definition

Under A17.1, a person born in New Zealand on or after 1 January 2006 who is not a New Zealand citizen:

• is assigned the immigration status that is the most favourable of either parent's status at the date of birth; and
• retains that status until they leave New Zealand or are granted a different status under the Immigration Act 2009. [A17.1]

The provision ensures that a child born in New Zealand does not become stateless or fall into immigration limbo, even if they are not eligible for citizenship. [A17.1] The reference to "most favourable immigration status" means the status that provides the greatest lawful right to be in New Zealand (for example, a residence class visa over a temporary entry class visa). [A17.1]

Application in decisions

Immigration officers must assess the immigration status of both parents as at the child's date of birth when determining a person's deemed status under this provision. [A17.1] If the parents had different statuses, the more advantageous status is assigned. [A17.1] The deemed status is effective from birth and continues until the person departs New Zealand or is given a new status under the Immigration Act 2009. [A17.1] The Department of Internal Affairs determines New Zealand citizenship; INZ relies on that determination. [A17.1]

Interpretation & edge cases

• Effect of departure: The deemed status ceases when the person leaves New Zealand. On re‑entry, the person must apply for a visa or entry permission like any other non‑citizen, unless they hold an existing visa. [A17.1]
• Parents with no lawful status: If both parents were unlawfully in New Zealand at the time of birth, the person may be deemed to be unlawfully in New Zealand. However, section 374 of the Immigration Act 2009 provides that any person born in New Zealand is entitled to request a visa, and the Minister may grant a visa in the person's absolute discretion. [A17.1]
• Status change before determination: The deemed status relates back to the time of birth, even if determined later. [A17.1]
• Overlap with citizenship by birth: A person who acquires New Zealand citizenship by birth (or is registered as a citizen) is not covered by A17.1; this instruction only applies where the Department of Internal Affairs has determined the person is not a New Zealand citizen. [A17.1]

Determination of immigration status under A17.5

The specific assignment of immigration status for a person born in New Zealand on or after 1 January 2006 who is not a citizen is governed by A17.5. The status is based on the visa type(s) and validity of the parent(s) at the time of birth, rather than a general "most favourable" principle. [A17.5]

When both parents are recorded on the original birth record

If both parents are recorded on the child's original birth record, the child's status is determined as follows: [A17.5]

• If both parents held any type of temporary visa (other than a limited visa), the child is deemed to hold a temporary visa of the duration of the unexpired period of the parent whose temporary visa has the longest unexpired period. [A17.5]
• If one parent only held a temporary visa (other than a limited visa), the child is deemed to hold a temporary visa of the duration of the unexpired period of that parent's temporary visa. [A17.5]
• If both parents held limited visas, the child is deemed to hold a limited visa of the duration of the unexpired period of the parent whose limited visa has the longest unexpired period. [A17.5]
• If one parent only held a limited visa, the child is deemed to hold a limited visa of the duration of the unexpired period of that parent's limited visa. [A17.5]
• If both parents held interim visas, the child is deemed to hold an interim visa of the duration of the unexpired period of the parent whose interim visa has the longest unexpired period. [A17.5]
• If one parent only held an interim visa, the child is deemed to hold an interim visa of the duration of the unexpired period of that parent’s interim visa. [A17.5]
• If both parents were unlawfully in New Zealand, the child 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. [A17.5]

When only one parent is recorded on the original birth record

If only one parent is recorded on the child's original birth record, the child's status is determined as follows: [A17.5]

• Where that parent held a temporary visa (other than a limited visa), the child is deemed to hold a temporary visa of the duration of the unexpired period of the parent's temporary visa. [A17.5]
• Where that parent held a limited visa, the child is deemed to hold a limited visa of the duration of the unexpired period of the parent's limited visa. [A17.5]
• Where that parent held an interim visa, the child is deemed to hold an interim visa of the duration of the unexpired period of the parent’s interim visa. [A17.5]
• Where that parent was unlawfully in New Zealand, the child 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]

Request for a statement of immigration status

Parents can request a written statement of their child's immigration status by completing the form Request for Statement of Immigration Status of a person born in New Zealand on or after 1 January 2006. [A17.5]

The following documents must be provided with the request: [A17.5]

• the person’s New Zealand birth certificate;
• evidence of the immigration status of the parent(s) at the time of the person’s birth in New Zealand;
• the person’s current passport or travel document (if they have one), or the parent’s passport or travel document if the person is endorsed in their parent’s passport.

The person’s immigration status will be determined according to A17.5. There is no fee for this statement. [A17.5]

Expiry of deemed limited visa on departure (L2.50)

Section L2.50 specifically addresses children born in New Zealand on or after 1 January 2006 who are not New Zealand citizens and whose parents held limited visas. [L2.50] Where a limited visa is assigned under this section, it expires on the child's departure from New Zealand, unless the visa has already expired. [L2.50]

In addition, L2.50 restates an override: regardless of the limited-visa circumstances, if one parent holds a visa of a different type, the child is deemed to hold the visa type that is most favourable. If one parent is a New Zealand citizen, the child is deemed to be a New Zealand citizen. [L2.50] This rule ensures the child receives the better status when parents' statuses differ.

The deeming provisions in L2.50 operate alongside the more general framework in A17.5. The primary difference is L2.50's explicit cessation of the visa on departure, which means a child leaving New Zealand must hold a valid visa for any future return. [L2.50]

Citations

• A17.1 — Persons born in New Zealand on or after 1 January 2006
• A17.5 — Immigration status of persons born in New Zealand on or after...
• L2.50 — Persons born in New Zealand on or after 1 January 2006