Resident Visa Applications Will Be Declined if a Dependent Child Is Unlawfully in New Zealand

A new rule applies to resident visa applications made on or after 12 November 2026. If an applicant has a dependent child who is unlawfully in New Zealand, the parent and any other secondary applicants will not be granted residence. The child’s immigration status now has to be sorted out first. This article explains the change and what families should do.

Why the rule changed

Under the old rules, a parent could be granted residence even if their child was unlawfully in New Zealand. This often happened where a child came on a short-term visa and could not meet the requirements for a longer visa, for example the acceptable standard of health. Once the parent had residence, the child’s status could be harder to resolve, leaving family members with different outcomes.

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What happens during processing

You will get a chance to respond. Before a decision is made, Immigration New Zealand will raise its concerns about the child’s status and give you time to respond. Use that time to take every reasonable step to regularise the child, for example by applying for an appropriate visa. Only a small number of applicants are expected to be affected.

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If the application is declined

You can still appeal to the Immigration and Protection Tribunal if you believe special circumstances apply. Time limits for appeals are short, so get advice quickly. See immigration appeals.

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What you should do now

• Check every child’s visa status: before you lodge a resident visa application.
• Apply to regularise any child who is unlawful: as early as possible.
• Respond fully to any concerns raised: within the time given.
• Get advice before lodging: if a child has health or other visa issues.