2016-Jun 03: Dependants of Diplomatic/Consular/Official staff

Visa Pak 262 - Clarification on options available for dependant children of diplomatic, consular or official staff serving at foreign missions in New Zealand.

Visa Paks

3 June 2016

Dependants of Diplomatic/Consular/Official staff

This article provides clarification around dependent children of diplomatic, consular or official staff serving at foreign missions in New Zealand, in particular regarding their domestic student status and when it may be appropriate to grant a student visa.

Dependent children of diplomatic, consular or official staff
According to immigration instructions H2.1 dependent children of diplomatic, consular or official staff are eligible for a special temporary visa (i.e. a diplomatic, consular or official visa) upon confirmation from the Protocol Division of the Ministry of Foreign Affairs (MFAT). Dependent children aged 21 and over are not normally eligible for a special temporary visa in their own right.

Domestic or full fee-paying foreign student
If they are studying in New Zealand they are considered as domestic students until the end of the calendar year in which their parent’s tour of duty terminates, as per U8.10(c) and U3.35.10(d).

Immigration instructions are not explicit on their student status (i.e. whether they have domestic student status) when they turn 21 years of age. For example, U3.35.10(e) notes that dependants aged 21 and over may not be eligible for domestic student status and may be required to pay foreign student fees.

These dependants are considered domestic students for the calendar year in which they turn 21 years old but thereafter will be considered as full fee-paying foreign students.

When a student visa may be appropriate
Normally a student visa is not required and these dependants can study on their special temporary visa.

However, there may be instances where a dependant is no longer eligible for a special temporary visa but still has domestic student status. In such cases, a student visa should be granted with conditions allowing study at any tertiary institution in New Zealand, to the end of the calendar year in which they turn 21 years old. In such cases a letter from MFAT confirming that the applicant still has domestic student status is required.

Action

Please discuss with your team(s).