SM5.20 Pre-purchase of ESOL tuition (29/11/2010)

1. Instead of meeting the minimum standard of English, non-principal applicants may pre-purchase ESOL tuition. ESOL tuition must be pre-purchased from TEC (Tertiary Education Commission) by paying the required charge to INZ (who collect this charge on behalf of TEC).
2. Applicants must pay any ESOL charge due, sign the ESOL Agreement and return it to INZ within the time specified by INZ before a resident visa is granted.

SM5.20.1 TEC to arrange ESOL tuition

1. The applicant is entitled to tuition to the value of the ESOL entitlement component of the ESOL tuition charge. This does not include the INZ and TEC administration costs.
2. TEC advises the applicant of the list of suitable ESOL tuition providers in New Zealand, from which the applicant may nominate one of their own choice.
3. TEC will manage the contract between the ESOL tuition provider and the applicant.
4. The applicant must advise TEC of their New Zealand address.

SM5.20.5 Applicant's agreement with TEC

1. Each applicant who pre-purchases ESOL tuition must sign an Agreement with TEC by which they agree, among other things, that they understand the rules for taking up ESOL tuition in New Zealand and the refund provisions.
2. The content of the Agreement is determined by INZ and TEC.
3. Included with the Agreement is a Schedule that sets out the personal details of the applicant and the amount of tuition to be purchased.

SM5.20.10 Completion of Agreement

1. When an application for a resident visa is approved in principle, applicants will be given 2 copies of the Agreement to complete for each person in the application undertaking the English language training.
2. After completion of the Agreement, one copy is retained by the applicant, and the other copy is returned to INZ processing office with the tuition fee(s).
3. If the Agreement is not signed and returned to INZ within the time specified by INZ, the resident visa application must be declined.
4. The INZ copy of the Agreement should be sent to TEC, P O Box 27-048, Wellington, New Zealand.

SM5.20.15 The amount of ESOL tuition to be pre-purchased by non-principal applicants

1. The amount of ESOL tuition to be pre-purchased is determined by the applicant's average IELTS score across all four bands (as shown in their "Overall Band" score in the IELTS Test Report Form) according to the following table.

   Overall Band score	Charge to be paid	ESOL entitlement
   4.5 or more but less than 5	NZ$1,735	NZ$1,533.33
   4 or more, but less than 4.5	NZ$3,420	NZ$3,066.66
   3.5 or more, but less than 4	NZ$5,110	NZ$4,599.99
   Less than 3.5	NZ$6,795	NZ$6,133.33

2. The charge includes the applicant's ESOL tuition entitlement, as well as the INZ and TEC administration costs.
3. If an applicant has not submitted IELTS results when requested, the maximum charge of NZ$6,795 applies.

SM5.20.20 Failure to pre-purchase ESOL tuition

Any ESOL tuition charge due must be paid before the grant of a resident visa. If it is not paid to the INZ within the specified time, the resident visa application must be declined.

SM5.20.25 Limited period to use ESOL tuition

1. If ESOL tuition is purchased, the applicant must complete the tuition within 5 years from the date of payment.
2. ESOL tuition will not be available without further payment, nor will refunds be given, to applicants who do not take up ESOL tuition within the time limits specified in paragraph (a).

SM5.20.27 Extension of period to complete ESOL tuition

1. Applicants who have pre-purchased ESOL tuition:
   1. in New Zealand on or after 31 March 2005 and prior to 31 March 2008; or
   2. outside New Zealand on or after 31 September 2004 and prior to 31 March 2008

   will have up to 5 years from the date of payment to complete the tuition.

SM5.20.30 Refunds of ESOL tuition money

1. If ESOL tuition money is paid but the principal applicant and partner and dependent children do not take up residence, a refund may be granted upon request to INZ. The request must be made in writing.
2. Requests for refunds must be declined if they are made more than six months after the expiry of the travel conditions allowing travel to New Zealand.
3. Immigration officers considering requests for refunds must be satisfied that the principal applicant and partner and dependent children included in the application:
   1. have not entered New Zealand as residents; and
   2. do not hold resident visas with current travel conditions.
4. The person who paid the fee will be refunded only the ESOL entitlement. INZ and TEC administration costs will not be refunded.

Effective 29/11/2010