U7.25 Temporary exemption from the requirement to live with a legal guardian in New Zealand

1. 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.
2. 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.
3. The applicant must provide evidence that:
   1. an emergency exists that requires the legal guardian to temporarily return to their home country; and
   2. 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
   3. the legal guardian has purchased a return travel ticket.
4. The variation of conditions may be granted for the period of time required, up to a maximum of four weeks.
5. 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