New Zealand Citizenship
Citizenship
We assist with many citizenship applications each year. We are field experts. Here are the basics.
What are the categories of New Zealand citizenship?
Citizenship by birth: If you were born in New Zealand prior to 1 January 2006, you are automatically granted New Zealand citizenship. But after that date, one of the parents needs to be a New Zealand citizen or resident. Otherwise, your immigration status will be the same as your parents.
Citizenship by descent: If you were born overseas and have a parent who was a New Zealand citizen other than by descent when you were born, you can apply to register citizenship by descent.
Citizenship by grant: This is the most common category. And the rest of the information below is about it.
- Samoan citizens who can apply immediately after residence.
- Those living in the realm countries of Niue and the Cook Islands which count as being in New Zealand for present requirements
- A few other rare circumstances where people were in Crown service overseas.
What are the benefits of citizenship?
You can
- Obtain a New Zealand passport
- Visit many countries on a visa waiver basis
- Live and work in Australia- this is a major one
- Access to New Zealand consulate services overseas
- Be elected to parliament or local council roles
- Serve in the New Zealand armed forces
- Represent New Zealand in international sport
- Your future children, born overseas, to apply for New Zealand citizenship by descent
- While overseas sponsor your long term partner for permanent residence without living in New Zealand
- Being eligible to apply for education scholarships which are only available to New Zealand citizens
When can I apply for citizenship?
Core Presence Requirements
To qualify for citizenship by grant through the Department of Internal Affairs (DIA), you must meet these strict time conditions across a 5-year lookback period:
- Resident status: You must have held a New Zealand resident class visa for at least the last 5 years.
- Annual presence: You must have been physically present in New Zealand for at least 240 days in each of the 5 individual 12-month periods.
- Total presence: You must have accumulated at least 1,350 days in New Zealand across those 5 years.
- Travel limit: Being outside New Zealand for longer than 4 months in any 12-month period can break the requirement for that year
This is challenging for those who have moved oversees as they need to re-calculate each of the preceding 5 years as they spend more time outside New Zealand.
Are there ever cases where people can apply slightly early?
Yes… sometimes. The eligibility requirement is to have been present in NZ for the required number of days while holding a resident visa. The requirement is not strictly to have held a NZ resident visa for the full five years.
Up to 125 days (4 months) prior to obtaining NZ residence may be included in the first 12-month period. In this case, you may still have been present in NZ while holding a resident visa for at least 240 days in the first 12-month period (and taking into account any time spent outside New Zealand in that period).
For example, if you gained NZ residence on 1 January 2020, and you did not leave NZ for the next 240 days, you could meet the requirement after 29 August 2020, marking the end of the first 12-month period. The application may then be submitted after 29 August 2024 (after 4 years and 8 months of holding a NZ resident visa, provided all other calculations regarding days spent in NZ are met).
We have excellent communications with DIA Management and have helped eligible clients apply months early. Contact our office for advice in your specific case.
Character and English
You must also be able to demonstrate that:
- you are of good character
- you have sufficient knowledge of English to manage independently in everyday situations.- there are some exceptions
What are the character requirements:
- Recent Convictions: Any criminal conviction (without imprisonment) within the last 3 years generally leads to a declination
- Prison Sentences: Ever being sentenced to 5 or more years in prison results in an automatic disqualification. Any prison sentence served within the last 7 years is also a disqualifying factor.
- Pending Charges: Active criminal charges or ongoing legal proceedings will typically delay your application until resolved.
- Traffic Offences: Standard parking and speed camera fines are ignored, though police checks flag major issues like 100+ demerit points or recent severe traffic patterns (such as dangerous or drunk driving).
- Other Restrictions: Undischarged protection orders, government investigations, fraud, bankruptcy due to fraud, terrorism, or war crime declarations impact eligibility
Exceptions
The Minister can bypass the 5-year residency and 1,350-day time requirements only if an application satisfies one of two tests:
- Exceptional Circumstances of the applicant : The applicant’s situation must be extraordinary, either due to severe humanitarian reasons or uniquely significant personal circumstances. Minimum Days: At least 450 days in the 20 months preceding the application must have been spent here as a resident.
- Exceptional Circumstances in the Public Interest: The Minister must be satisfied that granting citizenship provides a clear, positive benefit or strategic advantage to the public or the state of New Zealand: No minimum days are required.
We have had success under these the categories but the standard is very high, cases can take 18 months or more in our experience and approval is rare.
When can I apply for citizenship?
The basic rules: New Zealand recognises multiple nationalities, but this is not the case with a number of other countries such as China, India, Indonesia, Japan, Malaysia, Singapore, and Thailand. Check that your country allows dual citizenship or you may need to give up your original citizenship.
If you would like further information please contact Richard Small and our friendly team at Pacific Legal.
Make a start to the process by contacting us
Get in contact with Pacific Legal if you need support with your parent category visa application. We will explore all options available for you and help you through the process.
