Eighteen-year-old Daman Kumar will be able to stay in New Zealand, following an intervention from the associate immigration minister.
Kumar was born in New Zealand and has lived all his life here, but because he was born six months after an immigration law change, he has been an overstayer since the moment he was born.
He and his mother were advised to leave New Zealand by Monday, February 17 or be served a deportation order by Immigration New Zealand.
Associate immigration minister Chris Penk then said he would consider advice on the matter, putting Kumar's deportation on hold until then.
Green MP Ricardo Menéndez March, who advocated for Kumar, said he had been informed by Penk of the outcome that Kumar has been offered a Resident Visa.
"This is a great outcome for Daman, who has had to spill his guts to even get the attention of the associate minister himself instead of a delegated decision-maker," he said.
In 2006, the then-Labour government passed a law that meant children born in New Zealand only acquire citizenship if at least one of their parents is a citizen, or entitled to be in New Zealand indefinitely.
At the time of Kumar's birth, his parents were overstayers.
His sister was born in 2002, before the law change, meaning she is allowed to stay in New Zealand lawfully.
Penk's decision means while Kumar can stay, his parents will not be granted a visa, and face deportation.
Menéndez March said it was bittersweet, and he would continue to fight to keep the family together.
"Effectively now what Daman faces is being separated from his parents, the most important support network that he has," he said.
The MP said the case had shone a light on the fact there were many other cases like his, and that the government did not know how many.
Kumar's lawyer Alastair McClymont said the family's delight at the news was mixed with great sorrow.
"Daman's case highlights the urgent need to address issues of birthright citizenship and long term overstayers," he said.
