Daman Kumar was granted residency after ministerial intervention in February. Photo: Supplied
An immigration expert claims the system is failing children of overstayers residing in New Zealand unlawfully after more cases emerge in the community.
Meanwhile, a community leader who has supported one such teenager says the recent cases represent the tip of an iceberg after almost 20 years have passed since legislative reform removed the right to citizenship by birth for children born in New Zealand.
In February, 18-year-old Daman Kumar - himself an overstayer - was granted residency after ministerial intervention.
Kumar, who spoke to RNZ in 2023, described living without a valid visa for nearly two decades.
Kumar believed others like him deserved the same chance.
"It's a very uncomfortable feeling to have, and the topic itself should be discussed so they can find some solutions or ideas for what they can do for people in this situation," he told RNZ on Thursday. "It has been going on for a long time."
Since Kumar has been granted residency, a couple of other cases have emerged.
Harry, not his real name, was born in New Zealand. However, unlike most Kiwi teens, he has never been to school, does not have a bank account, a driver's licence or even a passport.
Now 18 years old, Harry is an overstayer.
"Life is really tough," he said. "[You] can't work, can't provide for yourself, can't go to the doctor. We are only surviving because of friends, family and the community."
Harry's father was deported when he was just 3 days old. His mother's visa expired in 2012.
Fearing deportation, Harry's mother kept him hidden from the system for nearly two decades.
"It was really hard for my mum, but she's pretty strong and the community helped her," he said.
Harry only became aware of his unlawful legal status around age 11.
"I couldn't go to school because the school was asking for a passport and I didn't have one," he said.
Harry had not visited a doctor since he was 7, noting that the pandemic was particularly hard.
Daljit Singh Photo: Rizwan Mohammad
The Sikh community in South Auckland has supported Harry and his mother for years.
"A few years ago, some of our volunteers at the gurdwara told me about this mother and child, and I was shocked when I realised that the kid - who was about 14 at the time - had never been to school," said Daljit Singh, president of the Supreme Sikh Society.
"They were born in New Zealand and have been living in this country without committing any crimes. They should be able to go to school and live like every other kid in New Zealand."
Singh said other children were in similar situations, urging the government to intervene.
Ben, another teenager, also fears deportation - along with his 13-year-old brother.
"I was born in New Zealand in 2006, just a couple of months after the law changed," he said. "I've been in the country for 18 years."
That law - the 2006 Citizenship Amendment Act - ended automatic citizenship for children born in New Zealand to non-resident parents.
Alastair McClymont Photo: Supplied
As a result, many children born to undocumented immigrants have grown up without access to basic rights such as education and healthcare.
There are possibly hundreds more kids in this exact same situation - living in the shadows, fearing deportation," immigration lawyer Alastair McClymont told RNZ.
He said official reports had been submitted to previous governments by the Ministry of Social Development and the Office of the Children's Commissioner but were ignored.
"Then, after about 10 years, it just seemed to be that it was forgotten about. The officials forgot about it. The ministers forgot about, Cabinet forgot about it, and it was just swept under the carpet and ignored," he said.
McClymont said the issue was surfacing now because the first cohort of children born after the 2006 reform was implemented were finishing high school - only to discover their futures were in limbo.
He called on the government to revise the law.
"What I'm advocating for is a change to the citizenship laws which will bring New Zealand into line with other similar countries," he said.
"There, birthright citizenship is conditional on 10 years of habitual residence. Born in the country, plus 10 years of living there, gives you entitlement to citizenship."
As a short-term fix, McClymont proposed a one-off policy to regularise the status of children born in New Zealand between 2006 and 2016.
He had sent letters to several ministers, including Prime Minister Christopher Luxon, Immigration Minister Erica Stanford and party leaders from across the political spectrum.
Photo: RNZ / Samuel Rillstone
Immigration New Zealand told RNZ in February it did not keep accurate data on how many children under 17 were in the country without a valid visa.
The agency said its overstayer data was limited by inconsistencies between border movements and visa records, historical data entry issues, and missing or inaccurate documentation.
Despite their uncertain status, Harry and Ben remained hopeful.
"I would like to go to university and study engineering," Ben said.
"I never went to school, so I don't think I can go to university," Harry said. "But I'd like to learn a course, get a job and buy a house.
"I'm pretty similar to almost everyone - just had a tougher life. I also deserve to live here and help the people who've helped me."
McClymont said New Zealand was creating an unfair situation by making children suffer for the actions of their parents.
"If a child's parents are imprisoned, would we continue to punish the child?" he said. "Of course not. We would care for that child, so how is this any different?
"We're not caring for these children. Instead, we're depriving them of fundamental human rights and forcing them to live in fear of being deported to a foreign country."
