U7.20 Students undertaking employment (04/12/2000)

Immigration Act 1987 s 27(7)

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

• to fulfil course requirements, or
• up to 15 hours per week during term time as a foreign student undertaking a long-term course of study, or
• during the Christmas-New Year holiday period, or
• on completing their course, or
• 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 long-term 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 culminating in a qualification that would attract points under the General Skills category of Residence Policy (see G3) may be granted a variation of conditions to their student permit to allow them to work for no more than 15 hours per week, provided that:
   1. they request the variation of conditions after beginning such a course of study, or
   2. they are applying for a student permit in order to continue such a course of study.
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. No application form or fee is required for this variation of conditions.

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 obtain authority to work during the holiday period, provided that:
   1. they are completing a full-time course of longer than 12 months, and
   2. they apply for a variation of conditions to their permit, and
   3. they pay the appropriate fee.
2. The variation will be effective only for the period of the student's current student permit. The variation may be applied for at any time the permit is current or when applying for a further student permit.
3. Unless the provisions of U7.20.5 above apply, holders of student permits must be refused permission to work during other holiday periods.
4. Evidence of a job offer is not required.
5. Immigration officers must be satisfied that students:
   1. have enrolled in a full-time course lasting more than 12 months, and
   2. have completed the form Application for a Variation of Conditions, and
   3. have paid the fee.

U7.20.15 On completing the course

1. Any polytechnic or university undergraduate student, who successfully completes a course that has a minimum completion time of 3 years, 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. Immigration officers must be satisfied that applicants provide:
   1. evidence of a job offer relevant to their qualification, and
   2. evidence that they have completed a course with a minimum completion time of 3 years, and
   3. a completed work permit application form and fee.

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 Official Development Aid (NZODA) supported students

1. New Zealand Official Development Aid (NZODA) supported students are not permitted to undertake any work, except with the support of the Scholarship Management Unit of the Ministry of Foreign Affairs and Trade’s Development Co-operation Division or CITEC Training Education Consultancy Ltd.
2. Evidence of support is a letter from the Scholarship Management Unit or CITEC Training Education Consultancy Ltd. indicating the type of work (see U7.20) for which support is provided.

Effective 04/12/2000