To offer courses of study to students from overseas New Zealand education providers need to be aware of Section 40 of the Immigration Act 1987.
Under this section education providers commit an offence if they allow or continue to allow students to undertake a course where they know that a student is not entitled to undertake that course.
We regard a provider as having such knowledge where at any time in the preceding 12 months they have been informed in writing by an Immigration Officer.
Reasons why a student may not be entitled to undertake a course of study include being in New Zealand unlawfully. We consider a person to be in New Zealand unlawfully where they:
- are not a New Zealand citizen or they do not hold a New Zealand Residence Permit
- do not hold a current permit to be in New Zealand
- are not exempt from holding a permit.