U7.20 Students undertaking employment

Immigration Act 1987 s 27(7)

1. Students may apply for a Variation of Conditions to work:
   1. to fulfil practical course requirements (see U7.20.1); and/or
   2. for up to 20 hours in any given week during the academic year, and during any holidays within the academic year if they are an eligible student (see U7.20.5); and/or
   3. full-time during the Christmas-New Year holiday period if they are an eligible student (see U7.20.10); and/or
   4. on completing their course (see WD).
2. Students are not permitted to:
   1. work in self-employment; or
   2. provide commercial sexual services; or
   3. act as an operator of a New Zealand business of prostitution; or
   4. invest in a business of prostitution (see E7.40).

Note: U7.20 does not apply to New Zealand Agency for International Development (NZAID) supported students (see U11).

U7.20.1 Course requirements

1. Students may apply for a Variation of Conditions to their student permit to allow them to work in order to fulfil a requirement of practical experience for their course.
2. If satisfied that practical experience is a course requirement, a visa or immigration officer may grant a student permit with the conditions varied to allow employment.

   Note: If an applicant’s main activity will be work, they must apply for a work visa or permit.

3. Each time a Variation of Conditions is granted under this provision, the same Variation of Conditions should also be added to the corresponding student visa.
4. Where the Variation of Conditions is sought in conjunction with an application for a student visa or permit, the fee for a Variation of Conditions may be waived.
5. The variation will be effective only for the period of the student's current student permit and ceases on completion of the relevant course of study.
6. The variation may be applied for at any time the permit is current or when applying for a further student permit.

U7.20.5 Twenty hours in any given week for eligible students

1. Students may be granted a Variation of Conditions to their student permit to allow them to work during the academic year, and during any holidays within the academic year for up to 20 hours in any given week if they are:
   1. undertaking a full-time, course of study, at a Private Training Establishment or Tertiary Institution (see U5.15 - U5.20) of at least two academic years duration; or
   2. undertaking a full-time course of study in New Zealand, culminating in a New Zealand qualification that would qualify for points under the Skilled Migrant Category (see SM14); or
   3. undertaking a full-time tertiary course of study of at least one academic year duration as part of an approved tertiary student exchange scheme (see P4); or
   4. undertaking a full-time, full secondary school year course of study in Years 12 or 13, provided they have written permission from their school and written parental consent; or
   5. engaged in a full-time course of study of at least six months duration at a Private Training Establishment or Tertiary Institution (see U5.15 - U5.20), and a visa or immigration officer is satisfied that the primary purpose of the course of study is to develop English language skills, and the student has an International English Language Testing System (IELTS) overall band score of 5.0 or above (General or Academic Module).
2. Evidence of an offer of employment is not required.
3. Each time a Variation of Conditions is granted under this provision, the same Variation of Conditions should also be added to the corresponding student visa.
4. Where the Variation of Conditions is sought in conjunction with an application for a student visa or permit, the fee for a Variation of Conditions may be waived.
5. The variation will be effective only for the period of the student's current student permit and ceases on completion of the relevant course of study.
6. The variation may be applied for at any time the permit is current or when applying for a further student permit.

U7.20.10 Christmas-New Year holiday period

1. Holders of student permits may be granted a Variation of Conditions to their student permit to allow them to work full-time during the Christmas-New Year holiday period at the end of each academic year, provided they are undertaking a full-time course of study of 12 months or more duration.
2. Any school student who does not meet the requirements set out at U7.20.5a(iv) is not eligible to work under the provisions of U7.20.10.

   Note: Written permission from the school is not required for students who are 18 years of age or over, under the provisions of U7.20.10.

3. Evidence of an offer of employment is not required.
4. Each time a Variation of Conditions is granted under this provision, the same Variation of Conditions should also be added to the corresponding student visa.
5. Where the Variation of Conditions is sought in conjunction with an application for a student visa or permit, the fee for a Variation of Conditions may be waived.
6. The variation will be effective only for the period of the student's current student permit.
7. The variation may be applied for at any time the permit is current or when applying for a further student permit.

Effective 30/07/2007