U3.30 Students aged 13 and under and students enrolled in Years 1 to 8 (28/11/2005)

Immigration Act 1987 s27(1)(e)

1. Student visas and permits will only be issued and granted to students enrolled in Years 1 to 8 of a school and students aged 13 and under who are enrolled in any other provider (see U3.30.10 below) if they will be living in New Zealand with their legal guardian (see U3.30.1 below) unless:
   1. they are domestic students; or
   2. they are enrolled in a school hostel (U3.30.20 below) approved by the Code Administrator; or
   3. they are enrolled in Years 7 or 8 of a school, or are aged 11 to 13 years and enrolled in any other provider, which has prior programme approval from the Code Administrator.
2. Students enrolled in Years 1 to 6 who were enrolled in a New Zealand school in October 2003 or students aged 10 and under and enrolled in any other provider, are exempt from the requirement to meet the provision held in U3.30(a) until 31 December 2004.
3. All permits granted under this policy are subject to the condition that the holder live with their legal guardian in New Zealand.

   Note: The Code Administrator is the Ministry of Education.

U3.30.1 Definition of ‘legal guardian’

For the purposes of this policy a ‘legal 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’

For the purposes of this policy a ‘domestic student’ means a ‘domestic student’ as defined in Section 2 of the Education Act 1989. This includes the following persons:

1. a New Zealand citizen;
2. a New Zealand resident;
3. a diplomat and/or consular official (including their partners and dependent children who are entitled to any immunity from jurisdiction by or under the Diplomatic Privileges and Immunities Act 1968 or the Consular Privileges and Immunities Act 1971 (see U8.10)) ;
4. armed forces personnel (including their partners and dependent children (see U8.15));
5. an Australian citizen;
6. any person required by the Minister of Education, by notice in the Ministry of Education Gazette, to be treated as a domestic student, such as the dependent child of any person who is:
   • in New Zealand to study under an exchange programme approved by the New Zealand Government; or
   • the holder of a valid work permit (see U8.20); or
   • the holder of a Commonwealth Scholarship.

U3.30.10 Definition of 'other provider'

For the purposes of this policy 'other provider' is a private training establishment (PTE).

U3.30.20 Definition of 'school hostel'

For the purposes of this policy 'school hostel' means a hostel as defined in section 2 of the Education Act 1989, and:

1. licensed under regulations made under section 144C of the Act (if any); or
2. approved and monitored by the Code Administrator, for international students enrolled in Years 1 to 6 of a school, or aged 10 and under and enrolled in any other provider.

Effective 28/11/2005