U3.30 Students aged 13 and under and students enrolled in years 1 to 8 (01/07/2004)

Immigration Act 1987 s27(1)(e)

1. Student visas and permits will only be issued and granted to students aged 13 and under and students enrolled in years 1 to 8 if they will be living in New Zealand with their guardian (see U3.30.1 below) unless:
   1. they are domestic students (see U3.30.5 below); or
   2. they are enrolled in a registered boarding school approved by the Code Administrator; or
   3. they are enrolled in Years 7 or 8 at a school which has prior programme approval from the Code Administrator.
2. Students aged 13 and under, or enrolled in years 1 to 8, who were enrolled in a New Zealand school in October 2003, are exempt from the requirement to meet the provision held in U3.30(a) until the start of the 2005 academic year.
3. All permits granted under this policy are subject to the condition that the holder live with their guardian in New Zealand.

Note: The Code Administrator is the Ministry of Education.

U3.30.1 Definition of ‘guardian’

For the purposes of this policy a ‘guardian’ is the person with the legal right and responsibility to provide for the care (including education and health) of an international student, and usually provides for the care of the student in the student’s home country. This definition includes the student’s biological or adoptive parents, testamentary guardian, or court-appointed guardian.

U3.30.5 Definition of ‘domestic student’

1. For the purposes of this policy a domestic student is:
   1. a New Zealand citizen;
   2. a New Zealand resident;
   3. a diplomat and/or consular official;
   4. an Australian citizen;
2. A person is also considered to be a domestic student if they are the dependent child of any person who is:
   1. in New Zealand to study under an exchange programme approved by the New Zealand Government; or
   2. the holder of a valid work permit; or
   3. a diplomat or consular official; or
   4. the holder of a Commonwealth Scholarship.

Effective 01/07/2004