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373: Immigration status of persons born in New Zealand on or after 1 January 2006
or “Rules for immigration status of children born in NZ since 2006”
You could also call this:

“Children's immigration status based on their parents' status”

When deciding your immigration status based on your parent’s status, here’s what you need to know:

If both your parents are on your original birth record, your status depends on theirs. If they both had temporary visas, you get a temporary visa lasting as long as the longest of theirs. If only one had a temporary visa, yours lasts as long as theirs. The same idea applies for limited visas and interim visas. If both your parents were in New Zealand illegally, you’re considered to be here illegally too, for as long as the shorter of their illegal stays.

If only one parent is on your birth record, your status matches theirs. You get the same type of visa they had, lasting as long as theirs did. If they were here illegally, you’re considered to be here illegally too, for the same time as them.

Remember, if you’re given a visa this way, it ends when you leave New Zealand, unless it has already ended before that.

When we talk about how long a visa lasts, we mean the time left before it ends. This could be until a certain date or event happens. We figure this out using the rules in section 63.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

Next up: 375: Minors to have responsible adult to represent their interests

or “Minors need an adult to help with immigration matters”
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Part 11 Miscellaneous provisions
Matters relating to immigration status of persons born in New Zealand

374Immigration status of persons whose status depends on immigration status of parent

  1. A person’s immigration status for the purposes of section 373 is to be determined as follows:

  2. if both parents are recorded on the person’s original birth record, whichever of the following is applicable:
    1. if both parents held any type of temporary visa, the person is deemed to hold a temporary visa of the duration of the unexpired period of the visa of the parent whose temporary visa has the longest unexpired period:
      1. if 1 parent only held any type of temporary visa, the person is deemed to hold a temporary visa of the duration of the unexpired period of that parent’s temporary visa:
        1. if both parents held limited visas, the person is deemed to hold a limited visa of the duration of the unexpired period of the visa of the parent whose limited visa has the longest unexpired period:
          1. if 1 parent only held a limited visa, the person is deemed to hold a limited visa of the duration of the unexpired period of that parent’s limited visa:
            1. if both parents held interim visas, the person is deemed to hold an interim visa of the duration of the unexpired period of the visa of the parent whose interim visa has the longest unexpired period:
              1. if 1 parent only held an interim visa, the person is deemed to hold an interim visa of the duration of the unexpired period of that parent’s interim visa:
                1. if both parents were unlawfully in New Zealand, the person is deemed to be unlawfully in New Zealand and to have unlawful status on the same basis and for the same duration as the parent whose unlawful status is of the shortest duration:
                2. if 1 parent only is recorded on the person’s original birth record, whichever of the following is applicable:
                  1. if the parent held a temporary visa, the person is deemed to hold a temporary visa of the duration of the unexpired period of the parent’s temporary visa:
                    1. if the parent held a limited visa, the person is deemed to hold a limited visa of the duration of the unexpired period of the parent’s limited visa:
                      1. if the parent held an interim visa, the person is deemed to hold an interim visa of the duration of the unexpired period of the parent’s interim visa:
                        1. if the parent was unlawfully in New Zealand, the person is deemed to be unlawfully in New Zealand and to have unlawful status on the same basis and for the same duration as the parent’s unlawful status.

                        2. Where a person is deemed to hold a visa under this section, the visa expires on the person’s departure from New Zealand, unless it has already expired.

                        3. In this section, unexpired period, in relation to a visa, means the period of time remaining before the date or event on the occurrence of which the visa will expire, or the period after which the visa will expire, as calculated in accordance with section 63.

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