New Zealand Denies Residence When a Dependent Child Is Unlawfully in the Country

Immigration New Zealand (INZ) has announced that, from November 12, 2026, immigration rules are changing so that parents and any other secondary applicants will no longer be granted residence if a dependent child is unlawfully in New Zealand.

Before Immigration New Zealand (INZ) makes a final decision, it will give applicants the opportunity and time to respond to concerns about the dependent child’s immigration status. It is important that parents take all reasonable steps to regularize their child’s immigration status.

The change does not apply to resident visa applications made before November 12, 2026, which will be decided under the rules in place at the time of application.

Under immigration rules in place before November 12, 2026, a parent can be granted residence even if their dependent child is unlawfully in New Zealand. This can arise where a child has been brought onshore on a short-term visa and is unable to meet visa requirements for longer term visas, such as the Acceptable Standard of Health (ASH). Once the parent has residence, the child’s unlawful status can be more difficult to resolve. This creates a difficult situation, where different family members have different immigration outcomes.

The change means a child’s unlawful immigration status must be addressed before we can grant a parent and any other secondary applicants’ residence. Declined applications can continue to be appealed to the Immigration and Protection Tribunal where applicants believe special circumstances apply.

Erickson Insights & Analysis

Erickson Immigration Group will continue to monitor developments and share updates as more news becomes available. Please contact your employer or EIG attorney if you have questions about anything we’re reporting above or if you have case-specific questions.