V3.100 Guardians accompanying students to New Zealand (29/11/2010)

1. A person may be granted a visitor visa under these instructions for the purpose of living with and caring for, a foreign fee paying student in New Zealand, if they are the legal guardian of a person who:
   1. is the holder of a current student visa and is 17 years old or younger; or
   2. is the holder of a current student visa and is enrolled in school years 1-13.
2. Only one legal guardian of the holder of a student visa will be granted a visa under these instructions at any one time.
3. To be granted a visa under these instructions applicants must meet the requirements for bona fide applicants as set out at E5.
4. If a student visa is granted to more than one person in a particular family, only one legal guardian of those holders of student visas will be granted a visa under these instructions at any one time during the validity of those student visas.

V3.100.1 Deportation liability

See also Immigration Act 2009 s 157

1. The holder of a visa granted under these instructions will become liable for deportation if the student whom the applicant accompanied to New Zealand becomes liable for deportation.
2. All visas granted under these instructions are subject to the condition that the holder lives in New Zealand with the student they are accompanying, unless the student’s visa has been varied as set out at U7.25. If this condition is breached, the visa holder may become liable for deportation.

Note: If the presence of a student's legal guardian in New Zealand (and that legal guardian's support for the student) is material to the decision of a New Zealand education provider to enrol that student, any failure of the legal guardian (see V3.100.5) to live with and care for that student (either through withdrawal of their support or absence from New Zealand) may result in the holder of the student visa being made liable for deportation (see U7.15 (b)).

V3.100.5 Definition of 'legal guardian'

For the purposes of these instructions, a 'legal guardian' is:

1. the person with the legal right and responsibility to provide for the care (including education and health) of an international student. This includes the student's biological or adoptive parents, testamentary guardian, or court-appointed guardian; and
2. the person who provides for the care of the student in the student's home country.

V3.100.10 Length of permitted stay

Successful applicants under these instructions will be granted multiple entry visitor visas:

1. allowing a stay in New Zealand of 12 months; or
2. if the student they are accompanying is attending a course of study of less than 12 months, for a stay in New Zealand of a period consistent with the student's visa.

V3.100.15 Grant of further visitor visas

1. Despite V2.5.1 (b), where the student that the applicant is accompanying has been granted a student visa allowing a stay in New Zealand of more than 12 months, further 12 month visitor visas may be granted to the applicant upon application and payment of the fee.
2. In determining whether further visas may be granted, immigration officers must take into consideration whether, during the currency of a previous visa granted under these instructions, the legal guardian lived with and cared for the student on the basis of whose stay in New Zealand they were granted a visa.

V3.100.20 Funds for maintenance in New Zealand

Applicants for a visitor visa under these instructions must have funds of at least NZ$1,000 per month for maintenance and accommodation, or NZ$400 per month if their accommodation has been prepaid.

V3.100.25 Evidence of onward travel arrangements

Applicants must provide evidence of travel tickets, onward travel arrangements or sufficient funds for the purchase of onward travel tickets (see V2.25).

V3.100.30 Health and character requirements

Applicants must meet health and character requirements for temporary entry as set out in A4 and A5.

V3.100.35 Guardians who wish to work or study once in New Zealand

1. Guardian visa holders are not eligible for:
   1. the grant of a work visa under Essential Skills work instructions or Specific Purpose or Event instructions; or
   2. the grant of a student visa under Student instructions.
2. Guardian visa holders who wish to work or study may apply for a variation of conditions to their visitor visa to allow for part-time work between the hours of 9:30am and 2:30pm Monday to Friday (inclusive), or part time study.
3. Applications for variations of conditions by guardians must meet general work requirements (with the exception of the labour market test requirement) or student requirements.

Effective 29/11/2010