Are you able to help with citizenship questions for nz? I just got word my daughter application was declined yesterday

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Customer: Hi are you able to help with citizenship questions for nz?
JA: Have you talked to a New Zealand lawyer about this?
Customer: No
JA: What steps have been taken so far?
Customer: I just got word my daughter application was declined yesterday and am in the process of starting a new application now
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: Not yet
Answered by Chris The Lawyer in 39 mins 2 months ago
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Chris The Lawyer
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Chris The Lawyer, Expert

Hi My name is ***** ***** I am a New Zealand lawyer based in Wellington with more than 42 years of experience. I am here to help with your questions.
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Chris The Lawyer, Expert

Do you know why this was rejected?

Customer
Hi Chris. I will explain: my daughter was born and lives in Norway. Her father is a citizen by descent (his parents are both Ngaphui on both sides for generations, but he was born in Thailand due to his parents being missionaries at the time). He grew up in NZ. She was advised to apply by descent, but the answer was "no claim" as her father was born in thailand. Now I am reapplying as citizenship by grant. I was hoping for some legal advice to help this application. I have contacted her family in nz who are writing a letter, and I am able to provide her grandmothers birth certificate too. The big clinch is we are going to nz 31.12.2022 as I am studying my masters for 11 months. I thought it would ve easy for her to obtain citizenship but now I see it may take some time. The rest of the family have our papers in order, she is the only one without a nz passport now. What are her rights is she is not granted citizenship by that date in worst case?
Customer
I wrote the above earlier today. I have since received my daughters "Whakapapa" from her Grandmother and Whanau in New Zealand. I have filled out but not submitted the application form for citizenship by grant for her as well as uploaded a letter explaining the circumstances. I will attatch these here.
Customer
File attached (GZ1G54V)
Customer
File attached (434P1VQ)
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Chris The Lawyer, Expert

I will read those documents and comment
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Chris The Lawyer, Expert

The Citizenship Act has strict and somewhat rigid criteria. F at the time she was born, and her mother or father was a New Zealand citizen other than by descent, then she would be able to apply for citizenship status to be registered. In this case I assume that when she was born, that her father had not acquired New Zealand citizen status.

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Chris The Lawyer, Expert

It is possible to apply under section 9 of the act for a grant of citizenship in special cases. I don’t know from your paperwork whether that was the method of application. However the minister has an absolute discretion as to the grant.

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Chris The Lawyer, Expert

Because the legislation is so rigid, the only way in which she’s got a pain citizenship is under section 9 or by living here as a permanent resident for five years. As the child of a citizen, she will be able to get residency but not citizenship.

Customer
I understand. This is what I am applying for yes. I have filled out the application online, but did not want to submit it yet. Is there anything I can do other than add the two documents to help her case?
Customer
I want to point out that her father DID have citizenship at the time of her birth. He obtained it when he was born. BUT he was born in Thailand. Both his parents were kiwis stationed in Thailand at the time of birth
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Chris The Lawyer, Expert

If her father had citizenship by descent she would be eligible under section 8 if her father was a citizen other than by descent

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Chris The Lawyer, Expert

The legislation does not allow her to acquire citizenship if he was a New Zealander by birth. It may not seem logical, but that s how the act was drafted

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Chris The Lawyer, Expert

Those letters may help so you should if you are asking under section 9

Customer
Thank you -I think I will proceed with these letters and with our application.
Customer
I have put the application through. It says they will contact us within 5-10 months. Do you have any adivice as what to do in this case? We are New Zealand bound on 31 December.
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Chris The Lawyer, Expert

You will need to apply for a visa for her, which should be started now to avoid issues. Probably a student visa would be appropriate

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