NZSA PPT Immigration

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Visas, Immigration

and Licensing
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 Educations
Code of Practice

Student visas may be granted for the period that course fees are paid (up
to a maximum of 4 years).
General Visa Requirements for studying in New Zealand
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)

The Student Visa
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.
Studying in New Zealand less than 3 months as visitors

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.
Working Holiday Students
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)

People who do not need a student visa
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.
Transfer and Course Changes
Required Documentation
1. Student Visa Application must be completed in English, signed
2. Visa Application Fee must be paid in local currency
3. Passport-sized photo must be recent
4. Offer of Place must include details of course/provider
5. Evidence of fee payment a fee receipt
6. Written guarantee: accommodation letter confirming suitable accommodation
7. Evidence of Sufficient Funds to
live on while student is studying
Own funds, with history or a Financial
Undertaking Form is completed by a
guarantor.
8. Return airfare to students home or evidence of funds to buy one
9. Valid Passport from at least 3 months after planned
departure
10. Full Medical and X-ray certificate depends on length of stay and country of
residence in the past 5 years
11. Certificate of Good Conduct
(police certificate)
this is to show the student is of good
character
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.
Health 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.


Character requirements
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


Students under 13 years
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 childs student visa
letter of consent from the other parent
documents to show they have paid for and are responsible for the
students 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

Guardian Visas
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)

Part-time 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 Zealands Study to Work Policy
Finding Work
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
2. 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
Skilled Migrant Category of Residence
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)

Immigration Act 2009
Visas onlyno 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).
ACT CHANGES Visas only.finally!
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.

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

ACT CHANGES United Nations Convention on the Rights
of the Child (UNCROC)
Similar to a bridging visa

The individual must be lawfully in New Zealand when they lodge their
application
Maintains a persons 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

ACT CHANGES Interim Visas

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

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.
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:

.
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
.
Recent Policy Changes Short periods of study as a visitor
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.
The Immigration Advisors Licensing Act (IALA)
= giving guidance or direction that is tailored specifically for a persons
circumstances, using the agents 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.
Immigration Advice
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 [email protected].

More information can be found at www.iaa.govt.nz
Thank you

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