V3.100 Guardians accompanying students to New Zealand (22/05/2006)

1. A person may be issued a visitor's visa and granted a visitor's permit under this policy for the purpose of living with and caring for, a foreign fee paying student in New Zealand, if they are the legal guardian of a person who:
   1. is the holder of a current student visa or student permit and aged 17 years of age or younger; or
   2. is the holder of a current student visa or student permit and is enrolled in school years 1-13.
2. Only one legal guardian of the holder of a student visa or permit will be issued a visa or granted a permit under this policy at any one time.
3. To be issued a visa or granted a permit under this policy applicants must meet the requirements for bona fide applicants as set out at E5.
4. If a student visa or permit is issued or granted to more than one person in a particular family, only one legal guardian of those holders of student visas or permits will be issued a visa or granted a permit under this policy at any one time during the validity of those student visas and permits.

V3.100.1 Revocation of permits

1. A permit granted under this policy will be revoked if the student permit of the student whom the applicant accompanied to New Zealand is revoked.
2. All permits granted under this policy are subject to the condition that the holder live in New Zealand with the student they are accompanying. If this condition is breached, the permit may be revoked.

   Note: If the presence of a student’s legal guardian in New Zealand (and that legal guardian’s support for the student) is material to the decision of a New Zealand education provider to enrol that student, any failure of the legal guardian (see V3.100.5) to live with and care for that student (either through withdrawal of their support or absence from New Zealand) may result in the revocation of the student’s permit (see U7.15 (b)).

V3.100.5 Definition of ‘legal guardian'

For the purposes of this policy, a ‘legal guardian’ is

1. the person with the legal right and responsibility to provide for the care (including education and health) of an international student. This includes the student's biological or adoptive parents, testamentary guardian, or court-appointed guardian; and
2. the person who usually provides for the care of the student in the student's home country.

V3.100.10 Length of permitted stay

Successful applicants under this policy will be issued multiple entry visitor’s visas and/or granted visitors permits:

1. allowing a stay in New Zealand of 12 months, or
2. if the student they are accompanying is attending a course of study of less than 12 months, for a stay in New Zealand of a period consistent with the student’s permit.

V3.100.15 Issue and grant of further visitor’s visas and permits

1. Despite V2.5 (b), where the student that the applicant is accompanying has been issued a student visa or permit allowing a stay in New Zealand of more than 12 months, further 12 month visitor permits may be granted to the applicant upon application and payment of the fee.
2. In determining whether further visas and/or permits may be issued or granted, visa and immigration officers must take into consideration whether, during the currency of a previous permit granted under this policy, the guardian lived with and cared for the student on the basis of whose stay in New Zealand they were issued with a permit under this policy.

V3.100.20 Funds for maintenance in New Zealand

Applicants for a visitor's visa or permit under this policy must have funds of at least NZ$1000 per month for maintenance and accommodation, or NZ$400 per month if their accommodation has been prepaid.

V3.100.25 Evidence of onward travel arrangements

Applicants must provide evidence of travel tickets, onward travel arrangements or sufficient funds for the purchase of onward travel tickets (see V2.25).

V3.100.30 Health and character requirements

Applicants who intend to stay in New Zealand for a total of more than 24 months must undergo a medical and x-ray examination and provide police certificates (see E6.1 and E6.5).

V3.100.35 Guardians who wish to work or study once in New Zealand

1. Guardian permit holders are not eligible for:
   1. the grant of a work permit under General work policy or Specific Purpose or Event policy; or
   2. the grant of a student permit under Student policy.
2. Guardian permit holders who wish to work or study may apply for a variation of conditions to their visitor permit to allow for part time work between the hours of 9:30am and 2:30pm, or part time study.
3. Applications for variations of conditions by guardians must meet general work policy requirements (with the exception of the labour market test requirement) or student policy requirements.

Effective 22/05/2006