Policy changes: applicants applying for temporary visas and permits who intend to give birth in New Zealand
Immigration New Zealand (INZ) have gradually tightened processing requirements in relation to individuals applying for temporary permits or visas where it is clear that the person will, or intends to, give birth in New Zealand.
In most instances, if an applicant is already on shore when applying for a temporary permit, INZ will take into consideration the status of the person and the likelihood of being granted New Zealand permanent residence before issuing a further temporary permit, if this would mean that the person would be present in New Zealand to give birth on a temporary permit.
In circumstances where there is or was no clear option for the migrant to obtain New Zealand residence before the birth of the child, INZ issued permits with a short expiry date to allow safe travel allowing the expectant mother time to voluntarily depart New Zealand before the expiry of her temporary permit.
However, INZ have amended temporary entry policy to specifically provide that individuals applying for temporary visas/permits who intend to give birth in New Zealand are not considered to be of an acceptable standard of health, as it is likely that they will impose significant costs or demands on New Zealand’s health services.
There are, however, exceptions to the general rule. When applicants applying for temporary visas/permits intend to give birth in New Zealand even though they technically fail the acceptable standard of health, an exception to policy will be made and the individual may be granted the temporary permit/visa if:
- she is a partner of a New Zealand citizen or permanent resident; or
- she or her partner applies for a work to residence visa or permit and the visa or permit is for a period of two years or more, or the length of the visa or permit plus earlier visas or permits adds up to two years or more.
The formalisation of this policy and the new exception now provides a clear indication that unless one of the two exceptions apply, applicants who are pregnant will not be granted a temporary permit or visa to allow their children to be born in New Zealand.
INZ application forms specifically request confirmation as to whether or not the individual is pregnant. If a false declaration is made, and a child is subsequently born in New Zealand, this could lead to an individual failing the character requirements in a subsequent residence application, and in the worst case scenario could lead to that application being declined.
It is important to understand amendments to INZ regulations and requirements fully, before applying for a temporary work permit or visa while pregnant.
-written by Mark Williams, Lane Neave Lawyers
Mark leads the immigration team at Lane Neave. Having specialised in the practice of immigration law since 1999, he has extensive knowledge and is skilled in all areas of immigration law and policy. Mark is a lecturer in immigration law at the University of Canterbury and is a Director of the New Zealand Association for Migration and Investment.