U7.20 Students undertaking employment (01/04/2004)

Immigration Act 1987 s 27(7)

Students may apply for authority to work under the following circumstances:

1. to fulfil course requirements, or
2. up to 15 hours per week during term time as a foreign student undertaking a long-term course of study, or
3. during the Christmas-New Year holiday period, or
4. on completing their course, or
5. as postgraduate students.

U7.20.1 Course requirements

1. Students may apply for authority to work in order to fulfil a requirement of practical experience for their course.
2. If satisfied that practical experience is a course requirement, an immigration officer with Schedule 3 delegations or above must then decide whether such students require and therefore should be granted:
   1. a student permit with the conditions varied to permit employment, or
   2. a work permit with the conditions varied to allow study.
3. The immigration officer makes the decision depending on what the main activity of the student will be. What is important is that the student is given authority to both work and study.
4. Since the variation is considered part of the application for a permit, it does not require a separate application form or fee.

U7.20.5 15 hours per week for tertiary students

1. Students undertaking a full-time course of study culminating in a recognised diploma or degree taking at least two academic years to complete and students undertaking a full time course of study culminating in a qualification that would qualify for points under the Skilled Migrant Category (see SM13 may be granted a variation of conditions to their student permit to allow them to work for no more than 15 hours per week (including during term breaks).
2. Each time a variation of conditions is granted under this provision, the same variation of conditions should also be added to the corresponding student visa.
3. Where the Variation of Conditions is sought in conjunction with an application for a student visa or permit, the fee for a Variation of Conditions may be waived.

U7.20.10 Christmas-New Year holiday period

1. Holders of student permits, including those eligible under the provisions of U7.20.5 above, may be granted a variation of conditions authorising them to work during the summer holiday period at the end of each academic year, provided they are undertaking a full-time course study of longer than 12 months duration.
2. The variation will be effective only for the period of the student's current student permit and ceases on completion of the relevant course of study.
3. The variation may be applied for at any time the permit is current or when applying for a further student permit.
4. Evidence of a job offer is not required.
5. Where the variation of conditions is sought in conjunction with an application for a student visa or permit, the fee for a variation of conditions may be waived.

U7.20.15 On completing the course

1. Any polytechnic or university undergraduate student, who successfully completes in New Zealand a course that:
   1. has a minimum completion time of 3 years, or
   2. would qualify for points under the Skilled Migrant Category (see SM14)

   may be granted a work permit to obtain practical experience suitable to their qualification.

2. The work permit may be current for a maximum of 2 years after the minimum completion time of the course.
3. Applicants must provide:
   1. a completed work permit application form and fee; and
   2. evidence that they have completed a course with a minimum completion time of 3 years, or a qualification that would qualify for points under Skilled Migrant Category (see SM13); and
   3. evidence of a job offer relevant to their qualification.
4. A work permit will only be granted where an immigration officer is satisfied that the offer of employment is one which will provide practical experience relevant to the applicant's qualification.

U7.20.20 Postgraduate students

1. Postgraduate students may apply for and be given a variation of conditions to their student permit to allow them to undertake part-time work for no more than 15 hours per week, as provided by U7.20.5 above.
2. Postgraduate students may be allowed to work only in accordance with this section.

U7.20.25 New Zealand Agency for International Development (NZAID) supported students

1. NZAID supported students may be granted a variation to their permit conditions to enable them to work in the summer holiday period at the end of each academic year only if NZAID and the relevant education provider supports the application.
2. NZAID supported postgraduate students must not work during summer holiday periods, unless it is a course requirement.
3. NZAID supported senior medical and pharmacy students may be granted work permits for their registration/internship year.
4. NZAID supported students on Aotearoa Scholarships may be granted to work for up to 15 hours per week and during the summer vacation.
5. NZAID scholars may be granted work permits at the completion of their studies if they obtain NZAID approval for qualification related work experience for the minimum time needed to complete practical work requirements.
6. Students on Dependants Fees Scholarships are not permitted to work.

Effective 01/04/2004