2013-Mar 28: English language students

Visa Pak 105 - Clarification for staff about English language students and how to assess bona fides for these applications.

Visa Paks

28 March 2013

English language students

English New Zealand, which represents a group of English language schools in New Zealand has raised concerns that student visa applications have been declined on the basis of students being able to study closer to their home country or students not having any prior English language education.

Immigration Officers are reminded that assessments and decisions must be based on Immigration Instructions. Although it is acceptable for the purpose of establishing genuine intent to ask an applicant the reasons why they have chosen to study English in New Zealand and for information about their previous education, the assessment of the application must be based on student visa instructions and generic temporary entry requirements, including bona fide instructions.

Letters which include statements such as “you could study English closer to home” are not helpful and should not be included in letters as they are based on opinion rather than immigration instructions.

If there are genuine concerns that an applicant may not meet bona fide requirements the assessment, including ppi and decline letters should be based on E5.10 which includes consideration of the personal circumstances of the application, including, but not limited to:

  • the strength of any family ties in the home country and New Zealand;
  • the nature of any personal, financial, employment or other commitments in the home country and New Zealand;
  • any circumstances that may discourage the applicant from returning to their home country when any visa expires.