Section 374 — Immigration Act 2009: Immigration status of persons whose status depends on immigration status of parent

374 Immigration status of persons whose status depends on immigration status of parent (1) A person’s immigration status for the purposes of section 373 is to be determined as follows: (a) if both parents are recorded on the person’s original birth record, whichever of the following is applicable: (i) if both parents held any type of temporary visa, the person is deemed to hold a temporary visa of the duration of the unexpired period of the visa of the parent whose temporary visa has the longest unexpired period: (ii) if 1 parent only held any type of temporary visa, the person is deemed to hold a temporary visa of the duration of the unexpired period of that parent’s temporary visa: (iii) if both parents held limited visas, the person is deemed to hold a limited visa of the duration of the unexpired period of the visa of the parent whose limited visa has the longest unexpired period: (iv) if 1 parent only held a limited visa, the person is deemed to hold a limited visa of the duration of the unexpired period of that parent’s limited visa: (v) if both parents held interim visas, the person is deemed to hold an interim visa of the duration of the unexpired period of the visa of the parent whose interim visa has the longest unexpired period: (vi) if 1 parent only held an interim visa, the person is deemed to hold an interim visa of the duration of the unexpired period of that parent’s interim visa: (vii) if both parents were unlawfully in New Zealand, the person is deemed to be unlawfully in New Zealand and to have unlawful status on the same basis and for the same duration as the parent whose unlawful status is of the shortest duration: (b) if 1 parent only is recorded on the person’s original birth record, whichever of the following is applicable: (i) if the parent held a temporary visa, the person is deemed to hold a temporary visa of the duration of the unexpired period of the parent’s temporary visa: (ii) if the parent held a limited visa, the person is deemed to hold a limited visa of the duration of the unexpired period of the parent’s limited visa: (iii) if the parent held an interim visa, the person is deemed to hold an interim visa of the duration of the unexpired period of the parent’s interim visa: (iv) if the parent was unlawfully in New Zealand, the person is deemed to be unlawfully in New Zealand and to have unlawful status on the same basis and for the same duration as the parent’s unlawful status. (2) Where a person is deemed to hold a visa under this section, the visa expires on the person’s departure from New Zealand, unless it has already expired. (3) In this section, unexpired period , in relation to a visa, means the period of time remaining before the date or event on the occurrence of which the visa will expire, or the period after which the visa will expire, as calculated in accordance with section 63 . Compare: 1987 No 74 s 4A(4)