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Visas, Immigration and Licensing

Visas, Immigration and Licensing. General Visa Requirements for studying in New Zealand. International students planning to study in New Zealand for more than 3 months need a student visa Immigration New Zealand (INZ) issues visas - offices worldwide

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Visas, Immigration and Licensing

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  1. Visas, Immigration and Licensing

  2. General Visa Requirements for studying in New Zealand • International students planning to study in New Zealand for more than 3 months need a student visa • Immigration New Zealand (INZ) issues visas - offices worldwide • Students must first be enrolled in an approved course at a registered education provider that has been accredited to offer that course • The education provider must be a signatory to the Ministry of Education’s Code of Practice • Student visas may be granted for the period that course fees are paid (up to a maximum of 4 years).

  3. The Student Visa • The Student Visa: • gives students permission to travel to, and if granted entry permission – to stay and study in New Zealand • lists conditions under which the student can enter New Zealand and can be single entry or multiple entry • has an expiry date – will also state any conditions • is also stored electronically • For more information - go to the INZ website • www.immigration.govt.nz (study)

  4. Studying in New Zealand less than 3 months as visitors It is now lawful to spend up to 3 months in a New Zealand school once per calendar year as a visitor – non-consecutive terms. If the child will be at the school for over two weeks, or pays fees, then they must attend Code school. Tertiary students (PTEs and Universities/ITPS) are able to study one or more courses as visitors as long as the duration of courses total 3 months or less per year. The courses must be approved. If students intend to study in New Zealand for longer than 3 months they must apply for a student visa offshore. If the course they wish to study is longer than 3 months (e.g. Year 1 of a Bachelors) they must obtain a student visa offshore.

  5. Working Holiday Students • Students in New Zealand on a Working Holiday Visa (WHS) can: • study at more than 1 provider without needing a student visa as long as total courses do not exceed 3 months (or 6 months for some schemes, as below) • study at more than 1 provider without a student visa for up to 6 months if they are from Canada, Germany, Japan, Taiwan and the United Kingdom • apply for a student visa in NZ if they wish to study for longer than 3 (or 6 months) • WHS visa requirements vary from country to country eg some limits on the number of people from a country that can receive WHS visas per year.

  6. People who do not need a student visa • Citizens of New Zealand or Australia • People who hold a New Zealand residence visa • Australian residents with current permanent residence visa or a current Australian resident return visa • People who hold a “special” visa – which are Diplomats and often their dependents • Those who are undertaking short courses of 3 months or less (as they can do this as a visitor)

  7. Transfer and Course Changes • For students wanting to change course and / or education provider • A further student visa or variation of conditions will only be granted if • immigration is satisfied that: • the applicant meets the student policy requirements; and • the applicant has not breached their visa conditions; and • the original student visa would have been issued for the proposed course and/or education provider; and • the applicant remains a bona fide applicant.

  8. Required Documentation

  9. Health requirements • Depends on how long the student will be in New Zealand • Students staying in New Zealand 6 months – 1 year may need a completed Temporary Entry X-ray Certificate (NZIS Form 1096) to show they do not have tuberculosis (TB) • Students intending a stay in New Zealand of more than 12 months will need a medical examination and medical and x-ray certificate • Medical certificates must not be more than 3 months old at the time they are provided to INZ • For full details on INZ health requirements and to download Medical Forms, • go to www.immigration.govt.nz and click on Forms and Guides.

  10. Character requirements • Police Certificates / Certificate of Good Conduct: • needed for students planning to study in New Zealand for more than 2 • years (from country of citizenship and any country they have lived for • 5+ years since 17 years of age) • must be less than 6 months old • For full details on how to obtain a Police Certificate, go to • www.immigration.govt.nz and click on Forms and Guides. Students can • select their country.

  11. Students under 13 years • A student visa cannot be granted to a student aged 13 and under at a Private • Training Establishment, or enrolled in Years 1 – 8 of school, unless they are • accompanied by a legal guardian. • The legal guardian must live with them in New Zealand. • Exceptions to this are: • students enrolled in registered school hostel approved by the Code Administrator • students enrolled in Year 7 or 8 at a school which has prior programme approval from the Code Administrator

  12. Guardian Visas • required for parents / legal guardians accompanying students • allow parents/guardians to live with and care for the student • are issued for a 12 month period • only allowed 1 per family unit • Are a type of visitor visa. Guardian visa holders are not allowed to apply for a work visa or student visa, but may be eligible for a VoC to work or study part time • Additional requirements to a student visa application: • a copy of the child’s student visa • letter of consent from the other parent • documents to show they have paid for and are responsible for the student’s education • evidence of relationship to the child – eg birth certificate, adoption papers • proof of arrangement of accommodation • evidence of sufficient funds, plus return flight fares

  13. Part-time Work • Students can work part time while studying full time: • for up to 20 hours a week during academic year if the student is full-time in 1 of these situations: • - at a PTE or tertiary institution, for 2+ year course • - completing a New Zealand qualification that obtains points under Skilled Migrant Category • - at a secondary school full year course of study in years 12 or 13 with parental/school permission • - in full-time study course of at least 6 months, at PTE or tertiary institution • (main purpose of study to develop English language skills) and has IELTS 5.05 • - at a tertiary level of at least 1 year as part of approved tertiary student • exchange scheme • Part time work rights can also be issued to meet course requirements for practical work experience • Full time work rights during the Christmas and New Year holiday period is another options (for students in full-time course of study lasting 12 months or longer)

  14. Finding Work • Places to start looking: • International Help Centre at education provider • Student Job Search • Wage indications • minimum adult wage in New Zealand currently (2010) NZ$12.75 • working in a restaurant or bar or doing manual labour - students can expect to earn about NZ$12.75 to $15 an hour, before tax. • Working in New Zealand after study is completed • students need to apply under New Zealand’s Study to Work Policy

  15. Skilled Migrant Category of Residence • For students who have skills New Zealand needs and wish to stay in New Zealand • Opens opportunity to work and live in New Zealand permanently • Applicants need to submit an Expression of Interest (EOI) • Two key Immigration NZ lists: • 1. Immediate Skill Shortage List - identifies jobs / skills needed by region • Long Term Skill Shortage List - shows areas where sustained / ongoing • shortage of skills (NZ wide) • Industries with current strong demand for skilled people • Education / Health and medical groups / Information and communications • technology / Agriculture and farming / Engineering / Trades

  16. Immigration Act 2009 • The Act came into force on Monday 29 November 2010 • Key changes are: • Visas only (no permits) • UNCROC developments • Interim visas • Fees • Increased penalties for education providers breaking the rules • Terminology changes (…Section 35a are now Section 61 etc)

  17. ACT CHANGES Visas only….finally! Visas only…no more permits – every student will have a student visa label and a “wet stamp” once they cross the border. All of the information is held on the visa label (travel conditions/work ability etc).

  18. ACT CHANGES United Nations Convention on the Rights of the Child (UNCROC) Old Act It was an offence for a school to allow a person who was not entitled to study in New Zealand to undertake compulsory education. In the case of unlawful children, INZ had to issue them something so that the school would not be in breach of the Act, despite the child not qualifying under any policy. Limited Purpose Permits (LPPs) were used to make the child temporarily lawful so that they could attend school and NZ complied with the UNCROC.

  19. ACT CHANGES United Nations Convention on the Rights of the Child (UNCROC) • New Act • INZ no longer issues Limited Visas to unlawful children for the purpose of study. The children will remain unlawful, unless they qualify under regular immigration policy • The Ministry of Education will determine the criteria for enrolment of unlawful children • INZ will not prosecute a school for enrolling an unlawful child of compulsory school age, however INZ may still take action against the unlawful student

  20. ACT CHANGES Interim Visas • Similar to a ‘bridging’ visa • The individual must be lawfully in New Zealand when they lodge their application • Maintains a person’s lawful status while their application for a further temporary visa is decided • Valid for six months or until substantive application decided • Interim visa for student visa applicants will have open study conditions • Interims do not have travel conditions • Implementation for student interims due in February 2011

  21. Recent Policy Changes Short periods of study as a visitor PTEs/TEIs Visitors can undertake one or more courses of study or training up to three calendar months’ duration in total per visa stay conditions, or in each 12 month period if the visa is valid for a minimum of 24 months

  22. Recent Policy Changes Short periods of study as a visitor • Schools • Visitor visa holders can study without the need to obtain a student visa or a variation of conditions if they attend primary, intermediate, secondary, or composite school for a single period of study of up to three months per calendar year. The single period of study: • must start and finish within a calendar year; and • must not be in term 1 if a visitor visa was held and a single period of • study was undertaken in term 4 of the previous year. • Visitor visa holders undertaking a single period of study as above must attend a school that is a signatory to the Code, if at least one of the following applies: • they attend for more than two weeks; or • they are fee-paying foreign students.

  23. Recent Policy Changes Short periods of study as a visitor Group Visas are a type of Visitor Visa - GROUP VISITORS VISA There is no specification in Immigration policy that groups of students must apply for a Group Visa However, under the Code, if a group of young international students wants to stay in New Zealand without their guardian then the following must be met: .

  24. Recent Policy Changes Short periods of study as a visitor The provider must: Have policies in place that clearly set out the responsibilities of the provider and any third party involved in the visit Have special arrangements for weekend and school holiday care The school has approval to host groups (approval from the Code Administrator) and they meet the definition of a “Group Student” as defined in the Code: A ‘Group Student’ is part of a group of 2 or more international students aged 10 and over, holding a group visa issued by Immigration New Zealand .

  25. The Immigration Advisor’s Licensing Act (IALA) • introduced in 2007 • aims to protect migrants from receiving poor immigration advice • agents giving information advice about New Zealand must have a licence • (unless they are exempt) • Immigration New Zealand (INZ) does not accept applications from • unlicensed immigration advisers.

  26. ‘Immigration Advice’ • = giving guidance or direction that is tailored specifically for a person’s • circumstances, using the agent’s knowledge and/or experience of immigration • “Immigration Advice” does not mean: • Education information or advice – eg courses available in NZ • Employment information and advice – eg skills shortages in NZ • Publicly available information – eg information on Immigration website • Clerical work – eg recording information on behalf and under direction of another person [note: you cannot direct/advise the applicant on their answers] • Doing translations.

  27. Licensed Immigration Advisors Providing immigration advice is a licensed, recognised profession in New Zealand. A register of Licensed Immigration Advisers is available online – www.iaa.govt.nz/adviser-register/search.html Agents wishing to become licensed immigration advisers must contact the Immigration Advisers Authority – 0508 422 422 or email info@iaa.govt.nz. More information can be found at www.iaa.govt.nz

  28. Thank you

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