U8.20 Dependent children of holders of work visas (06/10/2024)

1. Dependent children (see E4.1) of work visa holders who wish to study in New Zealand may be granted student visas unless the work visa holder has been granted a work visa under any one of the following categories:
   1. Foreign crew of fishing vessels (see WJ); or
   2. Recognised Seasonal Employer (RSE) Work instructions (see WH1); or
   3. Supplementary Seasonal Employment (SSE) instructions (see WH3); or
   4. Skilled Migrant Category Job Search Instructions (see WR5); or
   5. Working Holiday Scheme instructions (see WI2); or
   6. domestic staff of diplomatic, consular or official staff (see WI4).
   7. seasonal workers under Specific Purpose Instructions (see WS2.1.1(o))
2. Despite (a) above, the eligibility of dependent children of Accredited Employer work visa holders for student visas is set out at U8.20.2 below.
3. Dependent children of work visa holders as defined in (a) above are regarded as domestic students (see U3.35) for the purpose of all tuition fees at primary and secondary schools for the period of the parent's work visa.
4. Dependent children (see E4.1) of work visa holders may be granted student visas without the need to produce evidence of enrolment.
5. Guarantees of accommodation and/or maintenance for dependent children may be waived provided this is covered by the income of the work visa holder parent or by evidence of funds or guarantees submitted with the work visa application of the parent (see W2.15).
6. Dependent children of people granted work to residence visas must meet health and character requirements for residence class visa applications as set out at A4 and A5.
7. Dependent children of people granted a Migrant Exploitation Protection work visa (MEPV) must be holding a visa based on their relationship to the MEPV holder to be eligible for a further visa under these instructions.

U8.20.2 Dependent children of Accredited Employer work visa holders

1. Dependent children (see E4.1.10) of an Accredited Employer work visa holder may be granted a student visa if their supporting parent is:
   1. in a role classified as ANZSCO skill level 1, 2 or 3; or
   2. paid at or above 1.5x the Skilled Migrant Category median wage (see SR3.20(a)(ii)); or
   3. in a role on the Green List and meets the applicable requirements (see Appendix 13); or
   4. in acceptable employment under the Transport Sector or Care Sector Work to Residence policies as defined in SR6.10 or SR7.10 with the exception of the requirement to have completed 24 months of work in New Zealand in that occupation.
2. Despite the requirement to determine applications for temporary entry in accordance with the instructions in effect at the time an application is made (E7.10(a)(ii)), the exception set out at (a)(iv) above applies to any application that was submitted before 6 October 2024 and as of that date had not been decided.
3. Dependent children of an Accredited Employer work visa holder working in a role at ANZSCO skill level 4 or 5 cannot be granted a student visa as a dependent child, unless:
   1. on 26 June 2024, they held a visa as a dependent child of the Accredited Employer work visa holder; or
   2. on 26 June 2024, they had an application in progress for a visa as a dependent child of the Accredited Employer work visa holder and that application was subsequently granted; or
   3. their Accredited Employer work visa holder parent is described in (a)(ii) to (iv) above.
4. Accredited Employer work visa holders who wish to support their dependent child’s student visa application must meet the minimum income threshold specified in U8.20.6 below.

U8.20.5 Dependent children of Essential Skill work visa holders

See also Immigration Act 2009 ss 56, 157

1. Dependent children (see E4.1.10) of holders of work visas granted under the Essential Skills work instructions (WK) after 30 November 2009 will only be granted a student visa if their parent(s) meet a minimum income threshold (see U8.20.6 below).
2. Despite U8.20.6(a), dependent children of Essential Skills work visa holders whose parents have an application being considered under the Samoan Quota or Pacific Access Category must meet the minimum income requirements of those instructions (see S1.10.35 or S1.40.35) to be eligible for a student visa under these instructions.
3. Dependent children are not required to be assessed against the Essential Skills minimum income threshold if their parent(s):
   1. have held any temporary work visa before 30 November 2009; and
   2. have remained on a valid visa from 30 November 2009 until the date of the dependent child's application under U8.20.

U8.20.6 Minimum income threshold

1. The minimum income threshold is NZ$43,322.76 gross per annum.
2. The minimum income threshold must be met and maintained wholly by the salary or wages of the parent or parents holding an Accredited Employer work visa or an Essential Skills work visa.
3. Evidence must be provided of the Accredited Employer work visa or Essential Skills work visa holder’s current salary or wages to satisfy an immigration officer that the applicant’s parent(s) meet the minimum income threshold.
4. If a visa application is declined under these instructions and the dependent child becomes unlawful the parent(s) may become liable for deportation.
5. If the parent(s) do not maintain the minimum income threshold for the duration of their or their dependent child’s visa both the parent(s) and child may become liable for deportation.

Note: Where both parents hold Accredited Employer work visas or Essential Skills work visas, their income may be combined to meet the minimum income threshold.

U8.20.10 Dependent children of work visa holders under Religious Worker instructions

See also Immigration Act 2009 ss 56, 157

1. Dependent children of a holder of a work visa under Religious Worker instructions (WM) will only be granted a student visa if the:
   1. minimum income threshold is met by the Religious Worker visa holder and their partner; or
   2. religious organisation sponsoring the principal applicant agrees to sponsor the dependent children.
2. Under (a)(i) above:
   1. the minimum income threshold is NZ$43,322.76 gross per annum; and
   2. the minimum income threshold must be met and maintained by the salary, wages or a stipend received by the Religious Worker visa holder and their partner; and
   3. evidence must be provided of the current salary, wages or stipend of the Religious Worker visa holder and their partner; and
   4. if a visa application is declined under these instructions and the dependent child becomes unlawful the parents may become liable for deportation; and
   5. if the parents do not maintain the minimum income threshold for the duration of their visa or their dependent child's visa, both the child and the parents may become liable for deportation.

Note: The income of both parents may be combined to meet the minimum income threshold.

Effective 06/10/2024