Hi everyone! As a Licensed Immigration Adviser specialising in New Zealand immigration and citizenship law, I get a variation of this question all the time: "If my child is born here in New Zealand, do they automatically get a Kiwi passport?"
The answer used to be a simple "yes," but things changed a while back. Let's break down the current rules in plain English so you know exactly where your little one stands.
The Big Turning Point: 1 January 2006
Once upon a time, anyone born on New Zealand soil automatically became a New Zealand citizen by birth. However, for children born on or after 1 January 2006, the rules shifted.
Today, a baby born in New Zealand only gets automatic citizenship by birth if at least one parent was:
- A New Zealand citizen, OR
- A permanent resident or holder of a visa that allows them to live in New Zealand indefinitely (this generally includes Australian citizens and permanent residents currently living here).
If you fit into either of those categories, congratulations! Your baby is officially a Kiwi by birth. You just need to register their birth with the Department of Internal Affairs (DIA) to make it official and get their passport rolling.
What if Neither Parent is a Citizen or Permanent Resident?
If both parents are in New Zealand on temporary visas (like a work, student, or visitor visa) when the baby arrives, the baby is not automatically a New Zealand citizen.
But don't panic. The law has a built-in safety net called a "Deemed Visa".
Under the Immigration Act 2009, if the DIA determines your child isn't a citizen, the baby is automatically "deemed" to hold the most favourable immigration status of either parent at the exact moment they were born. For example, if a parent holds a temporary visa, the child gets a matching temporary visa status to align with the parents.
⚠️ Crucial Warning: This automatic visa status only lasts until your child leaves New Zealand or is granted a different immigration status. If your child leaves New Zealand without valid travel conditions, that deemed visa will expire — and getting them back into the country can become a real headache.
How to Lock It In: Getting a Statement of Status
Even though this "deemed visa" is automatic, it exists entirely in the background. It is highly recommended that you ask Immigration New Zealand for an official confirmation letter to establish the exact type and duration of your child's visa. This gives you an official paper trail and absolute peace of mind.
The best part? There is no fee to get an eVisa or an official confirmation letter.
The Step-by-Step Process
- The Form — Complete Form INZ 1137 (the Request for Statement of Immigration Status).
- Apply Online — The preferred and easiest route is to submit the request online through Immigration New Zealand's portal. When submitting, select that you are requesting someone else's information, and then choose: "a letter to confirm the immigration status of a person born in NZ on or after 1 January 2006".
- Gather Your Evidence — You will be prompted to upload:
- The completed INZ 1137 form
- A certified copy of your child's New Zealand birth certificate
- Evidence of your own immigration status at the time of the child's birth (like a copy of your visa)
- The child's current passport, if they have already obtained one from your home country
Once submitted, requests typically take up to 20 working days to process. Once your child's status is officially confirmed, you can then apply separately for travel conditions that will allow them to re-enter New Zealand smoothly if you ever choose to travel overseas.
Keeping this sorted early also makes it much easier if you need to include your child in subsequent temporary or resident visa applications down the line — including Skilled Migrant Category residence pathways or partnership-based residence.
Quick Reference Table
| Parent's Status at Birth | Child's Status |
|---|---|
| At least one parent is NZ citizen | Automatic NZ citizen by birth |
| At least one parent is NZ permanent resident | Automatic NZ citizen by birth |
| At least one parent is Australian citizen/PR living in NZ | Automatic NZ citizen by birth |
| Both parents on temporary visas (work/student/visitor) | Deemed visa matching most favourable parent's status |
| Both parents unlawful in NZ | Child is not a citizen and holds no visa |
Need Help?
If you're unsure where your family sits, or you want help preparing the INZ 1137 application and travel conditions, our IAA Licensed Immigration Advisers can walk you through it. Book a free 15-minute consultation on WhatsApp and we'll point you in the right direction.
Until next time, look after yourselves and enjoy everything Aotearoa has to offer! 🌿