2013-Feb 01: When a student visa is not required U2.5

Visa Pak 97 - Clarification for staff on when a student visa is not required in regards to U2.5 and when a variation to study is not required.

Visa Paks

1 February 2013

When a student visa is not required U2.5

  1. Applicants have received incorrect information advising that student visas were not required when in actual fact they were.
  2. VoCs have been approved when they were not required.

U2.5 When a student visa is not required
See also Immigration Act 2009 s 4

A student visa or variation of conditions is not required:

a.     for work visa holders to undertake any programme of study, or other training, authorised by their employer as part of their employment; or
b.     for all temporary visa holders, to undertake one or more programmes of study of not more than three calendar months’ duration in total per visa stay conditions, or in each 12 month period if the visa stay conditions is valid for a minimum of 24 months; or
c.     where V2.35 or W12.1.1(f) applies.

When a student visa IS required:

If the applicant intends to study in New Zealand for more than three months then they should apply for a student visa.

If the applicant is offshore and the intention is to study for more than three months they should be advised to apply for a student visa before they travel to New Zealand. They should not be advised to enter as visitors and apply for a student visa onshore.

Applicants who wish to change their programme of study or provider must apply for a VoC or a student visa.
The only exceptions are:

  • U2.5(a) – workers undertaking study which is authorised by their employer as part of their employment
  • V2.35 – short term study in schools (primary, intermediate, secondary)
  • WI2.1.1(f) – some working holiday schemes allow study up to 6 months

When a Student Visa or VoC is NOT required

All temporary visa holders who wish to undertake a programme of study of three months or less may do so without applying for a student visa or a VoC; this includes student visa holders who may be undertaking additional study over the summer break.

For example, a worker or student who wishes to undertake a six week English language course does not need to apply for a VoC or a student visa as long as their visa remains valid and they continue to fulfil the conditions of their visa.