L8.10 Children of school age in New Zealand unlawfully (25/07/2007)

1. This policy will assist New Zealand to meet its obligations under the United Nations Convention for the Rights of the Child (UNCROC), in particular in relation to Article 2, which requires that all children have the right to protection from discrimination on any grounds. This includes discrimination on the basis of immigration status.
2. Any child who:
   1. is in New Zealand unlawfully; and
   2. whose parent or parents are also in New Zealand unlawfully and are attempting to regularise the family's immigration status, may be granted a Limited Purpose Permit for the purpose of attending publicly funded education.
3. The following constitute attempts to regularise status:
   1. request to be granted a permit under Section 35A of the Immigration Act; and/or
   2. an appeal to the Removal Review Authority; and/or
   3. an appeal to the Residence Review Board; and/or
   4. an appeal to the Refugee Status Appeals Authority.
4. Publicly funded education relates to primary and secondary schooling. Eligibility for publicly funded education begins on the child's 5th birthday and ends on the first day of January after their 19th birthday. Limited Purpose Permits may not be granted outside of this period.
5. No application form or fee is required under this policy.

Effective 25/07/2007