New Zealand changes residence rules for parents whose children have overstayed

Check the filing date and whether your child is dependent

Parents applying for residence in New Zealand should check whether a dependent child in the country has a valid visa. Immigration New Zealand announced on 10 November that, for resident visa applications made from 12 November 2026, a child’s unlawful stay can prevent approval for the parent and other secondary applicants. Applications made before that date will be decided under the earlier rules. Those rules allowed a parent to be granted residence while a dependent child remained in the country unlawfully. The agency says it will give affected applicants an opportunity and time to respond before making a final decision.

Use the agency’s Bringing children guidance to check dependence for residence. It generally describes a single child aged 24 or younger, with additional conditions for adults. From age 18 the child must have no children of their own, and from 21 through 24 financial dependence also matters. A parent should check the criteria for the family’s route even if the child is too old to qualify as a dependant for an ordinary temporary visa.

Check the child’s permission and the exceptions

The child-specific expiry guide identifies possible exceptions for applicants for a Second or Subsequent Resident Visa, Permanent Resident Visa or Australian Resident Visa. It also describes a custody exception for a dependent child aged 15 or younger where the parent lacks the relevant legal right to remove the child from the country of residence or where custody or visitation rights were granted. Immigration New Zealand may ask to see custody documents.

The same guide says that if an included child’s visa expires while the residence application is pending, the application must be put on hold until the child gets a visa or leaves New Zealand. It says leaving the child out or removing them does not resolve the issue if they remain unlawfully. If the child leaves, the family’s application may be approved if the other requirements are met.

Read the child’s own eVisa letter or passport record for the expiry date. For a child born in New Zealand, use the separate Children born in New Zealand guidance to check citizenship or immigration status. It describes circumstances in which a child may be deemed to hold a visa through their parents. Check the actual evidence of that status before responding to a residence case officer.

Respond to Immigration New Zealand and use the correct visa procedure

Use the response date and submission directions in the residence case correspondence. Keep the child’s identity and immigration documents available and explain what steps have been taken to resolve their status. For example, evidence that a child has been granted another visa addresses a different point from evidence that a request for one was sent. The announcement does not give a single deadline for all families.

Section 61 of the Immigration Act provides a discretionary route for a person already in New Zealand unlawfully. The agency has no obligation to consider the request, and a person subject to a deportation order cannot be granted a visa under that section. Sending a request leaves the person liable for deportation and confers no permission to remain.

The expiry guidance gives the official email route for a written request. It asks for identity and contact details, a passport identity page, the circumstances of the overstay, the requested visa type and supporting evidence. The agency says it contacts applicants for the applicable visa fee after it approves a request in principle. Check its fee tool for the proposed visa type.

Check appeal timing if the residence application is declined

The residence appeal guidance explains that an eligible applicant can challenge the decision or present special circumstances to the Immigration and Protection Tribunal. The Tribunal must receive the appeal and payment within 42 days of notification, calculated under the official guidance. The Ministry of Justice lists NZD 964 for a residence appeal and provides the online form and alternatives. Check the appeal deadline separately from any earlier deadline in a request for evidence.