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You are here: Home1 / Family and Partner Visa News (NZ)2 / Resident Visa Applications Will Be Declined if a Dependent Child Is Unlawfully...
  • Resident visas and dependent children

    Parents with their child at home, New Zealand resident visa

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

13 November 2026

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.

Key points

  • The rule applies to resident visa applications made on or after 12 November 2026.
  • Residence will not be granted while a dependent child is unlawfully in New Zealand.
  • You will be given a chance to respond before a final decision is made.
  • Applications made before 12 November 2026 are decided under the old rules.
  • A declined application can still be appealed to the Immigration and Protection Tribunal on special circumstances grounds.

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.


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.


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.


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.

Frequently asked questions

When does the dependent child rule apply?

To resident visa applications made on or after 12 November 2026.

What if I applied for residence before 12 November 2026?

Your application is decided under the rules in place when you applied.

Will I be told before my application is declined?

Yes. You will be given the chance and time to respond to concerns about the child’s status.

Can I appeal if my residence is declined?

Yes. You can appeal to the Immigration and Protection Tribunal on special circumstances grounds.

What should I do if my child is unlawfully in New Zealand?

Take all reasonable steps to regularise their status, such as applying for a suitable visa, before you apply for residence.

Related guides

  • New Zealand resident visas
  • Skilled Migrant Category
  • Partner of a New Zealander Resident Visa
  • Work to Residence Visa
  • Immigration appeals
  • Interim visas

Does your family have a mix of visa situations? Book a consultation with our New Zealand immigration team.

This article is general information only and is not legal or immigration advice for your situation.

Discuss your visa options with an advisor

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