U7.25 Temporary exemption from the requirement to live with a legal guardian in New Zealand
- Students who are required to live with their legal guardian in New Zealand (see U3.30) may apply for a variation of conditions to their student visa to temporarily exempt them from this requirement.
- A variation of conditions will only be granted where an immigration officer is satisfied that an emergency exists that requires the legal guardian to temporarily return to their home country.
- The applicant must provide evidence that:
- an emergency exists that requires the legal guardian to temporarily return to their home country; and
- the education provider has approved the alternative caregiving arrangements, consistent with its obligations under the Education (Pastoral Care of Tertiary and International Learners) Code of Practice 2021; and
- the legal guardian has purchased a return travel ticket.
- The variation of conditions may be granted for the period of time required, up to a maximum of four weeks.
- Any failure of the legal guardian to return to New Zealand within the approved period may result in the student visa holder becoming liable for deportation (see U7.10).
Effective 10/12/2022
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