2014-Aug 15: Education status of children when waiting outcome of an IPT appeal

Visa Pak 175: Information staff on the education status of children when waiting outcome of an IPT appeal

Visa Paks

15 August 2014

Education status of children when waiting outcome of an IPT appeal

Immigration Instructions provide details of which primary and secondary school students are considered to be domestic students. U3.35.5(b) states that children whose applications for a residence class visa is under consideration are to be considered domestic students.

Clarification has been requested as to whether a residence class visa application is considered to be under consideration if it is being appealed to the Immigration and Protection Tribunal (IPT).

Immigration Instructions

Immigration instructions provide details of which primary and secondary school students are considered as domestic students and therefore exempt from paying foreign tuition fees:

U3.35.5 Primary and secondary domestic students who require a student visa, interim visa with study conditions, or limited visa

The following people require a student visa, interim visa with study conditions, or limited visa in order to undertake study in New Zealand but are considered to be domestic students for the purposes of attending primary and secondary schools and are exempt from paying foreign tuition fees:

b. Children whose application for a residence class visa is under consideration and who are the dependent children of any person who is the holder of a New Zealand resident visa, or permanent resident visa.

                                                        Effective 02/12/2013

The Ministry of Education is responsible for determining who is considered to be a domestic student. Their definition below makes it clear that a residence class visa must be under consideration by Immigration New Zealand.

The Education (Domestic Students) Notice 2013 - Section 2(k)(i)

A person who holds a student visa and who is the dependent child of any person who is a New Zealand citizen or the holder of a residence permit under the Immigration Act 1987 or of a residence class visa under the Immigration Act 2009 and: whose own application for a residence class visa under the Immigration Act 2009 has been received and is being considered for approval by Immigration New Zealand at the time the student enrols;

If the application has been declined and an appeal has been made to the IPT (Ministry of Justice) the person making the appeal does not currently have an application under consideration by Immigration New Zealand and does not meet the instructions at U3.35.5(b) to be considered a domestic student.
Please ensure this advice is followed.