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Immigration, Citizenship and Passports
AT ANY AGE
How do I become a New Zealander?
If you were born in New Zealand or your birth was registered here you are automatically a New Zealand citizen. If you were born overseas and your parent was a New Zealand citizen you will automatically be a New Zealand citizen. If you were adopted in New Zealand or overseas when you were under the age of 14 by New Zealanders, you are automatically a New Zealand citizen. Above this age you will have to apply for citizenship, unless you were adopted under the Convention on Protection of Children and Co-Operation in Respect of Intercountry Adoption which applies to intercountry adoptions). You may be eligible to be granted New Zealand citizenship if you have permanent residency and have been living in New Zealand for three years. If you think you might qualify you can obtain more information from the Department of Internal Affairs (website www.dia.govt.nz).
(ss3(2), 6, 7, 8, 9(1)(a) Citizenship Act 1977; Schedule to Adoption (Intercountry) Act 1997; Article 7 United Nations Convention on the Rights of the Child)
At what age can I be granted New Zealand citizenship?
The Minister of Internal Affairs may grant you New Zealand citizenship if you have lived in New Zealand for a total of 1350 days in the preceding of 5 years, and for a minimum of 240 days in each of those years. If you are under 16 your application is considered to be a special case and slightly different rules apply. You should have the consent of both your parents.
(ss8, 9(1)(a) Citizenship Act 1977)
If I am not a New Zealand citizen, can I stay here as long as I like?
No, in order to stay in New Zealand legally you must have permission to stay from the New Zealand Immigration Service. You should be able to tell whether you have been granted permission by looking at the latest New Zealand Immigration Service stamp in your passport or the passport you used when you last entered (e.g. your parent’s passport). If you have been granted permanent residence you can stay as long as you want, although if you have permanent residence and you want to leave New Zealand, perhaps for a holiday, you must get a “returning resident” stamp in your passport before you leave to make sure that you can get back in again. Your local office of the New Zealand Immigration Service will be able to deal with this (website: www.immigration.govt.nz). If you have been granted permission to stay for a fixed time you should apply for an extension of time before your permit expires. If you are unsure about your situation you should show your passport to an adviser at your local Citizens’ Advice Bureau (0800-367-222), Community Law Centre or YouthLaw (contact details at the front of this book) and get advice about what you should do.
(ss4 & 16 Immigration Act 1987)
At what age can I be made to leave New Zealand?
If you are an overstayer you can be asked to leave at any age. However, if you are under 17 and the New Zealand Immigration Service is seeking an order for your removal from New Zealand, a responsible adult must be appointed to protect your interests before you are removed. If the order also relates to one or more of your parents, your parent will be the responsible adult. You should seek legal advice immediately as you have rights under the Immigration Act and the United Nations Convention on the Rights of the Child, and you may be able to appeal against any order made.
(ss53-63, 115A & 141B Immigration Act 1987; Tavitav Minister of Immigration [1994] 2 NZAR 116)
How do I become a New Zealander?
If you were born in New Zealand or your birth was registered here you are automatically a New Zealand citizen. If you were born overseas and your parent was a New Zealand citizen you will automatically be a New Zealand citizen. If you were adopted in New Zealand or overseas when you were under the age of 14 by New Zealanders, you are automatically a New Zealand citizen. Above this age you will have to apply for citizenship, unless you were adopted under the Convention on Protection of Children and Co-Operation in Respect of Intercountry Adoption which applies to intercountry adoptions). You may be eligible to be granted New Zealand citizenship if you have permanent residency and have been living in New Zealand for three years. If you think you might qualify you can obtain more information from the Department of Internal Affairs (website www.dia.govt.nz).
(ss3(2), 6, 7, 8, 9(1)(a) Citizenship Act 1977; Schedule to Adoption (Intercountry) Act 1997; Article 7 United Nations Convention on the Rights of the Child)
At what age can I be granted New Zealand citizenship?
The Minister of Internal Affairs may grant you New Zealand citizenship if you have lived in New Zealand for a total of 1350 days in the preceding of 5 years, and for a minimum of 240 days in each of those years. If you are under 16 your application is considered to be a special case and slightly different rules apply. You should have the consent of both your parents.
(ss8, 9(1)(a) Citizenship Act 1977)
If I am not a New Zealand citizen, can I stay here as long as I like?
No, in order to stay in New Zealand legally you must have permission to stay from the New Zealand Immigration Service. You should be able to tell whether you have been granted permission by looking at the latest New Zealand Immigration Service stamp in your passport or the passport you used when you last entered (e.g. your parent’s passport). If you have been granted permanent residence you can stay as long as you want, although if you have permanent residence and you want to leave New Zealand, perhaps for a holiday, you must get a “returning resident” stamp in your passport before you leave to make sure that you can get back in again. Your local office of the New Zealand Immigration Service will be able to deal with this (website: www.immigration.govt.nz). If you have been granted permission to stay for a fixed time you should apply for an extension of time before your permit expires. If you are unsure about your situation you should show your passport to an adviser at your local Citizens’ Advice Bureau (0800-367-222), Community Law Centre or YouthLaw (contact details at the front of this book) and get advice about what you should do.
(ss4 & 16 Immigration Act 1987)
At what age can I be made to leave New Zealand?
If you are an overstayer you can be asked to leave at any age. However, if you are under 17 and the New Zealand Immigration Service is seeking an order for your removal from New Zealand, a responsible adult must be appointed to protect your interests before you are removed. If the order also relates to one or more of your parents, your parent will be the responsible adult. You should seek legal advice immediately as you have rights under the Immigration Act and the United Nations Convention on the Rights of the Child, and you may be able to appeal against any order made.
(ss53-63, 115A & 141B Immigration Act 1987; Tavitav Minister of Immigration [1994] 2 NZAR 116)
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, Sep 27 2010, 10:04 AM EDT
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