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Temporary exemption for international students to live with their legal guardian: question and answers

Monday, 30 November 2009

Students may apply to Immigration New Zealand for a variation of conditions to their student visa to be temporarily exempt from the requirement to live with their legal guardian in the case of an emergency arising which requires the legal guardian to temporarily depart New Zealand.

 

The following information will provide guidance to education providers when the need arises to assist students with this process.

What do I need to do?

Once you have approved the alternative caregiving arrangements for the student, for a period no longer than four weeks, provide written confirmation of your approval.  This is consistent with the responsibilities of signatories to the Ministry of Education's Code of Practice for the Pastoral Care of International Students.

 

The student requires your written confirmation for inclusion in their variation of conditions application. 

 

You may use the Education Provider's Written Confirmation template to assist you with the information that should be included in the written confirmation. 

What will the student need to provide to Immigration New Zealand when applying for a variation of conditions?

The student should complete the application form Application for Variation of Conditions (INZ 1020) PDF, provide the appropriate application fee, and provide evidence that:

  • an emergency exists that requires his/her legal guardian to temporarily return to their home country; and
  • the education provider has approved the alternative caregiving arrangements; and
  • the legal guardian has purchased a return travel ticket.

Students should apply for a variation of conditions as soon as it is apparent that the legal guardian must depart New Zealand and alternative caregiving arrangements have been approved.

How long may a variation of conditions be granted for?

The variation of conditions may only be granted for a maximum of four weeks.

How will I know if the student is granted the temporary exemption?

If the student is granted a temporary exemption, the student should provide you with a copy of their Immigration New Zealand approval letter.

What am I required to do if the legal guardian does not return to New Zealand within the approved period?

You must notify Immigration New Zealand immediately if the legal guardian fails to return to New Zealand within the approved period.

What will happen to the student’s visa if their legal guardian does not return to New Zealand within the approved period?

This may result in the child becoming liable for deportation.

Does the legal guardian also need to apply for a variation of conditions?

No.

How will I comply as a signatory to the Code of Practice for the Pastoral Care of International Students?

Once a signatory receives approval for an exemption from Immigration New Zealand, they are temporarily exempt (for the period indicated on the approval letter) from meeting the requirements of Part 6 of the Code. All other requirements of the Code must be met.

What happens if the student does not apply for a variation of conditions and the legal guardian leaves New Zealand?

This may result in the child becoming liable for deportation. 


Page Last Updated: 25 Nov 2009
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