Do children born in New Zealand automatically acquire citizenship?
Sure, no problem. There's a lot of confusion out there about whether having a baby in New Zealand automatically grants citizenship, so let me lay it all out for you.
Question: Are children born in New Zealand automatically New Zealand citizens?
Hey, a lot of people actually have a common misconception about this.
The short answer is: Not necessarily. It primarily depends on the status of the parents and the year the child was born.
We can split this into two time periods because New Zealand law changed significantly in 2006.
A Key Watershed: 1 January 2006
You can think of this date as a dividing line.
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Before this date (Prior to 1 January 2006):
Back then, New Zealand operated under a much purer form of "jus soli" (birthright citizenship or citizenship by soil). Simply put, regardless of the parents' nationality or visa status, any child born on New Zealand soil automatically became a New Zealand citizen at birth. -
After this date (On or after 1 January 2006):
Things changed. To address issues like "birth tourism," New Zealand amended its law. From this day forward, not every child born in New Zealand automatically received citizenship.
So, what are the rules now (post-2006)?
If your child was born on or after 1 January 2006, then to automatically gain New Zealand citizenship at birth, they must meet at least one of the following conditions:
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At least one parent is a New Zealand citizen.
This is the most straightforward case. Regardless of the other parent's status, if one parent is a New Zealand citizen, the child is a citizen at birth. -
At least one parent is a New Zealand permanent resident.
Here, "permanent resident" means holding Permanent Resident (PR) status, or having a valid Residence Class Visa. Important note: this does not include standard work visas, student visas, or visitor visas. -
At least one parent is an Australian citizen.
Yes, you read that right. Due to the special relationship between New Zealand and Australia, if at least one parent is an Australian citizen, a child born in New Zealand can automatically become a New Zealand citizen.
What if neither parent meets the above conditions?
For example, if both parents only hold work visas, student visas, or visitor visas for New Zealand.
In this case, a child born to them in New Zealand:
- Will NOT automatically become a New Zealand citizen.
- The child's nationality will follow the parents' nationality.
- After birth, the parents must apply for a visa compatible with their own status for the child in order for the child to legally remain in New Zealand.
One special exception: If a child is born in New Zealand but the parents are of unknown identity, or if under the laws of the parents' country the child cannot inherit their nationality (thus becoming "stateless"), New Zealand law will generally grant the child citizenship here to prevent statelessness.
A quick summary
For easy reference, see the table below:
Parents' status at the time of the child's birth | Is the child automatically granted NZ citizenship? |
---|---|
At least one parent is a New Zealand citizen | Yes ✅ |
At least one parent is a New Zealand permanent resident (PR) | Yes ✅ |
At least one parent is an Australian citizen | Yes ✅ |
Both parents hold temporary visas (e.g., work, student) | No ❌ |
Both parents are visitors | No ❌ |
You can understand it this way: New Zealand's current policy is primarily based on ancestry (bloodline), with birthplace as a secondary factor. The child's status is mainly "tied" to the parents' status, rather than just the location of birth.
Hope this explanation helps! If your situation is specific or unusual, the safest approach is to check the official New Zealand government website (Department of Internal Affairs - DIA) or consult a professional immigration advisor for the most accurate information.