F5.5 Evidential requirements for dependent children (01/11/1999)

Immigration Act 1987 s 13B(3)(e)

The items listed in F5.5.1 to F5.5.45 below are examples of relevant evidence: other documents may also be relevant.

F5.5.1 Evidence of dependent child's relationship to parent(s)

1. Evidence of the dependent child's relationship to parent(s) is original or certified copies of:
   1. birth certificates establishing the relationship of the dependent child to its parent(s), or
   2. household registration documents, if these establish the relationship of the dependent child to the parent(s), or
   3. evidence of adoption (see R3), which establishes the relationship of the dependent child to the parent(s).
2. Other evidence establishing the relationship of the children to the parents may also be provided.

F5.5.5 Evidence of declaration by parent(s)

Evidence of declaration as a dependent child is the declaration of children on the parent(s') residence application form.

F5.5.10 Evidence that principal applicant is single, with no children, and 19 or younger

1. Evidence that the principal applicant is single, with no children, and aged 17 to 19, is:
   1. a declaration in the residence application form that the principal applicant is not married and is not in a de facto relationship, and
   2. a declaration in the residence application form that the principal applicant has no children, and
   3. a birth certificate or other evidence that the principal applicant is aged 17 to 19.
2. Evidence that the principal applicant is single, and 16 or younger, is:
   1. a declaration in the residence application form that the principal applicant is not married and is not in a de facto relationship, and
   2. a birth certificate or other evidence that the principal applicant is 16 or younger.

F5.5.15 Evidence of financial dependence (see F5.1 (a))

1. Up to 17 years of age, if a child is unmarried and has no children of its own, it is presumed to be dependent.
2. For children aged 17 to 19, evidence of actual dependence may be required.

F5.5.20 Dependent children under 16 whose parents are separated or divorced

1. If the parents of a child under the age of 16 are separated or divorced, the New Zealand citizen or resident parent must have the right to remove the child from the country in which rights of custody or visitation have been granted, or, if no such rights of visitation have been granted, from the country of residence.
2. Such children will not be granted residence unless the New Zealand citizen or resident parent produces satisfactory evidence of their right to remove the child from the country in which the rights of custody or visitation have been granted or, if no such rights of visitation have been granted, from the country of residence.
3. Except where (d) applies, evidence of the right to remove the child from the country in which rights of custody or visitation have been granted must include original or certified copies of:
   1. legal documents showing that the New Zealand citizen or resident parent has the sole right to determine the residence of the child, without rights of visitation by the other parent, or
   2. a court order permitting the New Zealand citizen or resident parent to remove the child from its country of residence, or
   3. legal documents showing that the New Zealand citizen or resident parent has custody of the child and a signed statement from the other parent, witnessed in accordance with local practice or law, agreeing to allow the child to live in New Zealand if the application is approved.
4. Where an immigration or visa officer is satisfied that:
   1. by virtue of local law, the New Zealand citizen or resident parent has the statutory right to custody of the child, and
   2. it is not possible or required under that local law to obtain individualised legal documents to verify that custodial right, the New Zealand citizen or resident parent will be considered by NZIS to have the right to remove the child from its country of residence.

F5.5.25 Dependent children under 16 with only one parent holding New Zealand citizenship or New Zealand residence

1. If one of the parents of a child under the age of 16 is not a New Zealand citizen or resident, the New Zealand citizen or resident parent must have the right to remove the child from its country of residence.
2. Such children will not be granted residence unless the New Zealand citizen or resident parent produces satisfactory evidence of their right to remove the child from its country of residence.
3. Except where (e) applies evidence of the right to remove the dependent child from its country of residence in situations where one parent is not a New Zealand citizen or resident, but the parents are not separated or divorced, must include original or certified copies of:
   1. a written statement confirmed by both parents at interview, or
   2. a court order permitting the applicant to remove the child from its country of residence
4. If because of the death of one of the parents of a child under the age of 16, only one parent holds New Zealand citizenship or residence, the death certificate of the other parent must be provided.
5. Where an immigration or visa officer is satisfied that:
   1. by virtue of local law, the New Zealand citizen or resident parent has the statutory right to custody of the child, and
   2. it is not possible or required under that local law to obtain individualised legal documents to verify that custodial right, the New Zealand citizen or resident parent will be considered by NZIS to have the right to remove the child from its country of residence.

F5.5.30 Evidence of adoption under New Zealand Adoption Act 1955 (see F5.1(b)(iii))

Evidence is the original or a certified copy of the adoption order made by a New Zealand court.

Note: Interim orders are not evidence of adoption.

F5.5.35 Evidence that overseas adoption has same effect as a New Zealand adoption (see F5.1(b)(iii))

Evidence that an overseas adoption has the same effect as a New Zealand adoption under section 17 of the Adoption Act 1955, includes:

1. a ruling from a New Zealand court; or
2. the assessment of the processing officer, if there are clear precedents for adoptions from the country concerned.

F5.5.40 Evidence of parent(s)' New Zealand citizenship or residence

1. Evidence that parent(s) are New Zealand citizens may include but is not limited to original or certified copies of:
   • a valid New Zealand passport, or
   • a Certificate of New Zealand Citizenship, or
   • a recent official statement of citizenship from the Department of Internal Affairs, or
   • a New Zealand birth certificate.
2. Evidence that parents are New Zealand residents is:
   1. a current New Zealand residence permit or returning resident's visa in their passport or travel document, or
   2. a valid Australian passport.

F5.5.45 Evidence of being 'lawfully and permanently' in New Zealand

Evidence must be provided of actual residence in New Zealand. Evidence may include but is not limited to original or certified copies of:

• correspondence addressed to the applicant
• employment references
• rates demands
• income tax returns
• mortgage documents
• documents showing that household effects have been moved to New Zealand.

Effective 01/11/1999