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Resident and Temporary Visas for Dependent Children

Who are ‘dependent children’?

 

Can they be included in your visa application or apply for a visa in their own right?

If you are planning to move to New Zealand with your family, it is important to understand who Immigration New Zealand (INZ) considers to be a dependent child.

Whether a child qualifies as dependent depends on:

  • the type of visa being applied for (resident or temporary); and
  • the child's age, relationship status, financial dependence and, in some cases, whether they have children of their own.

The rules are different for resident visas and temporary visas (such as visitor and student visas).

Evidence of Relationship

Before considering whether a child is dependent, INZ must be satisfied that a genuine parent-child relationship exists.

TypeEvidence
biological childrenFull birth certificate
legal adoptionOriginals or certified copies of adoption papers (from New Zealand or overseas)
customary adoptionWritten declaration by adoptive parents stating that the person has been adopted by them, including the date of the adoption and the country in which the adoption took place

Dependent Children for Resident Visa applications

For residence applications, a child is generally considered dependent if they meet the following requirements:

AgeRequirements
17 years or youngerSingle. The child’s declaration in the residence application form will be regarded as evidence of their relationship status.
18–20 yearsSingle and has no children of their own. Like in the category above, the declaration in the application will serve as evidence.
21–24 yearsSingle, has no children of their own, and is totally or substantially financially dependent on an adult. Evidence of financial dependency will need to be provided and may include information about the employment situation (whether it is part-time or other) and other available financial means; where the child is living (with the parents, other family members, or has some other lodgement arrangements); about the courses of study the child may be doing, and their nature (full- or part-time).  

In case the criteria are not met and the child is not considered ‘dependent’, they may still be eligible to apply for a visa in their own right and join you in New Zealand.

When assessing financial dependence, Immigration New Zealand may consider:

  • the child's employment and income;
  • whether they receive ongoing financial support from a parent or another adult;
  • where they normally live;
  • whether they are studying full-time or part-time; and
  • any other financial resources available to the child.

What does "substantially dependent" mean?

Many parents assume that a child who works part-time can no longer be regarded as dependent.

This is not necessarily the case.

Immigration New Zealand recognises that financial dependence does not always mean complete financial reliance. A child may still be considered substantially dependent even if they earn some income through part-time employment, provided they continue to rely primarily on financial support from an adult.

Each application is assessed on its own circumstances.

If a child does not meet the definition of a dependent child, they may still be eligible to apply for a New Zealand visa in their own right.

Dependent Children in Temporary Visa applications

For temporary visas, a child is generally regarded as dependent if they satisfy the following requirements:

AgeRequirements
17 years or youngerSingle and financially dependent on their parent.
18–19 yearsSingle, has no children of their own and is financially dependent on their parent.

When assessing financial dependence, Immigration New Zealand may consider:

  • the amount of financial support provided by the parent;
  • whether the child lives with their parent or another family member;
  • whether they work or study full-time or part-time; and
  • whether they have any other significant source of financial support.

How Can Dependent Children Apply?

Dependent children may apply for a visa:

  • together with their parent where Immigration New Zealand policy allows; or
  • separately, based on their relationship with a parent who:
    • is applying for a visa;
    • already holds an eligible New Zealand visa; or
    • is a New Zealand citizen.

Depending on the circumstances, available visa options may include:

Please see the relevant links above for more details. To work out a definitive solution to the issue you may have, book your 20-minute consultation with our qualified licensed immigration adviser today.

Can Dependent Children Be Included in a Parent's Visa Application?

Whether a dependent child can be included in the same application depends on the type of visa being applied for.

Visa ClassCan dependent children be included in the same application?
Residence VisaYes. Dependent children aged 24 or younger (if they meet the definition of a dependent child) may generally be included in the principal applicant's residence application, regardless of whether they are living in the same country.
Visitor VisaYes. Dependent children may generally be included in the parent's Visitor Visa application if they are travelling together and meet the definition of a dependent child.
Student VisaNo. Dependent children cannot normally be included in a parent's Student Visa application. They must submit their own application for an appropriate visa, such as a Dependent Child Student Visa or a Child of a Student Visitor Visa (where eligible).
Work VisaNo. Dependent children are generally required to submit their own visa application based on their relationship with the work visa holder. Depending on their circumstances, they may be eligible for a Visitor Visa or Student Visa.

 

What Happens If a Dependent Child Was Not Declared in a Residence Application?

If a child who was born or legally adopted before the principal applicant's residence application was lodged was not declared in that application, this may affect the child's future eligibility for residence.

When assessing a later application, Immigration New Zealand may consider:

  • why the child was not declared;
  • whether there was a genuine reason for the omission;
  • whether the child met the definition of a dependent child at the relevant time; and
  • whether declaring the child would have affected the outcome of the original residence application.

Although an undeclared child is not automatically prevented from obtaining residence, the omission may lead to additional enquiries and may affect their eligibility under the Dependent Child Resident Visa category.

For this reason, applicants should always declare all eligible dependent children when lodging a residence application.

If this is the situation, we recommend preparing a well-worded, logical explanation with which we will be happy to assist you. To tell us more about your circumstances, book your 20-minute consultation today.

What about your dependent child who was adopted after your application for residence was made?

This child may be eligible for a resident visa under Dependent Children category only if the adoption followed the prescribed legal procedure and either a New Zealand adoption order is on hand, or an overseas adoption order which has the same effect under New Zealand law (international adoptions are only recognised if the adoption occurred in an exempt country).

What may happen if you are divorced or separated from your spouse and would like your dependent child to join you?

In this case, and if your dependent child is under 16 year of age and you have the rights of custody or visitation, a resident visa may be granted only if you can produce satisfactory evidence that you have the right to remove this child from the country where these rights of custody or visitation were granted. If no such rights are in place, you shall have the right to remove the child from their country of residence. Otherwise, a resident visa will not be granted.

Similarly, if one of the parents of the dependent child under 16 is a New Zealand citizen or holds a New Zealand residence class visa, this New Zealand parent must have the right to remove the child from the child’s country of residence.

Need Professional Advice?

The rules relating to dependent children can be complex, particularly where older children, financial dependence or blended families are involved.

If you are unsure whether your child qualifies as a dependent child, or would like advice on the best visa pathway for your family, book your 20-minute consultation with one of our Licensed Immigration Advisers today. We can assess your individual circumstances and recommend the most appropriate immigration strategy.

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Our adviser and director has been in the same boat with most of our valued clients who come to seek his counsel. He came to New Zealand as a migrant in 2002 and has been calling it home since then. It is our pleasure to serve your needs and provide professional immigration advisor services to help your dreams come true.
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