Woman's devotion to dead sister's kids rewarded with residency

A young Samoan woman who "unfailingly devoted" herself to the care of five children after her sister died has been granted New Zealand residency so she can continue looking after them.

The woman came to New Zealand for what was intended to be a short visit in 2023.

However, a month after she arrived, her older sister died suddenly, and the 25-year-old woman took over the day-to-day parenting of the five children aged from 5 to 13.

The woman is the only member of her family who does not have the right to live permanently in New Zealand.

Her application for residency status was turned down, so she took her case to the Immigration and Protection Tribunal.

Daily routine described

Her name has been redacted from the tribunal’s published decision in her case, which described her daily routine as a substitute parent.

"The appellant wakes up the children and gets them ready for school, prepares their daily meals, does all manner of household cleaning jobs and chores, attends to the grocery shopping, gets the children ready for bed each night, and takes them to church every Sunday," the decision said.

"The tumuaki [principal] of a primary school attended by some of the children states that the appellant not only attends to the day-to-day parenting of the children, but she is an engaged and valued member of the school community."

The school told the tribunal that the woman played a "vital role" in the care and well-being of the children.

She displayed a "deep sense of commitment" to them and promoted family values.

A 24-year-old brother, who financially supports the family, said the children saw the woman as a "second mother".

"The tribunal can easily see why," tribunal member Matthew Martin said.

"The evidence shows that the appellant has unfailingly devoted herself to raising these five young children following the death of her older sister, who was to be their primary caregiver."

The youngest child, who is a New Zealand citizen, is the woman’s natural daughter but was in her sister’s care after being formally adopted by another member of the family.

The woman’s temporary visa to be in New Zealand expired in December last year.

She applied for residency status as a "dependent child" of a New Zealand citizen.

However, she was ruled ineligible because she was a year too old and because her father, although a New Zealand citizen, lived in Samoa, where he was committed to church ministry.

The tribunal found that Immigration New Zealand had no option but to decline her residency application under its criteria.

This meant the woman was eligible to remain only if the Minister of Immigration, Erica Stanford, approved her application under a "special circumstances" exception to the rules.

The tribunal found that the woman had no other direct or immediate pathway to resident status.

She could keep lodging applications under a Samoan quota scheme, but these are decided by ballot, with no guarantee of success.

However, the tribunal found it would be contrary to the best interests of the children, and her 24-year-old brother, if she had to return to Samoa.

"This would seriously undermine the stability of this currently stable and well-functioning family unit that is dependent on the appellant’s ongoing presence in New Zealand."

The tribunal recommended that she be considered a "special circumstances" case and be allowed to stay.

A note added to the tribunal decision said the minister decided in February that the woman should be granted residency.

By Ric Stevens