2014-Jul 04: Work Rights for people studying on Limited Visas

Visa Pak 169: Clarification for staff on Work Rights for people studying on Limited Visas

Visa Paks

4 July 2014

Work Rights for people studying on Limited Visas

Recently there have been questions about whether people entering New Zealand on Limited Visas for the purpose of study may be granted work rights.

While instructions specify that a person may not be granted a Limited Visa to work (except under the RSE scheme), there is nothing that prevents a person from being issued a limited visa to study that also enables them to work. This is because the specific purpose of the visa is to study.

L2.30 Express purposes for a limited visa

This means that where appropriate, if a Limited Visa is granted to a person to allow them to study, and their programme of study would normally attract work rights, you may endorse the visa to allow them to study and work the number of hours they would have been granted, had they been granted a student visa.

Action

The fact that you may endorse the visa with work rights does not mean that you must. The assessment of whether or not work rights will be granted is one that must be made on a case by case basis after fully considering the individual circumstances of the applicant who has applied.

The consideration should include whether allowing work rights would impact on the effectiveness of the Limited Visa as a way to manage the immigration risks that have been identified.

The assessment notes should explicitly state whether or not work rights have been granted and the reasons why (or why not). This is important so that offices who may be approached for a further Limited Visa, or requested to issue a variation of conditions to enable work rights onshore, will be able to see the consideration that was given to this.

This will also limit the chances of applicants and their representatives believing that the issue of work rights was not fully considered when the conditions for the Limited Visa were set.