U3.35 Definition of 'domestic student' (25/07/2011)
For the purposes of student instructions a 'domestic student' means a domestic student as defined in section 2 of the Education Act 1989. The Ministry of Education holds a complete list of who is considered to be a domestic student for the purpose of fee payment and enrolment.
U3.35.1 Primary and secondary schooling domestic students who do not require a student visa, interim visa with study conditions, or limited visa
The following people are considered to be domestic students for the purpose of attending primary and secondary schools and do not require a student visa, interim visa with study conditions, or limited visa in order to undertake study in New Zealand:
- New Zealand citizens, including students from Tokelau, the Cook Islands and Niue;
- New Zealand residents;
- New Zealand permanent residents;
- People who are for the time being accorded privileges and immunities under the Vienna Convention on Diplomatic Relations or the Vienna Convention on Consular Relations, pursuant to the Diplomatic Privileges and Immunity Act 1968, or the Consular Privileges and Immunity Act 1971. Approval for dependent children of diplomatic, consular or official staff to study in New Zealand must be granted by the Protocol Division of the Ministry of Foreign Affairs and Trade (see H2.5). Protocol division will also confirm whether fees are payable;
- Members of the armed forces of any country, members of its civilian component, or crew members of any craft transporting such people to New Zealand, while in New Zealand:
- at the request or with consent of the Government of New Zealand; and
- in the ordinary course of the member's duty or employment.
U3.35.5 Primary and secondary domestic students who require a student visa, interim visa with study conditions, or limited visa
The following people require a student visa, interim visa with study conditions, or limited visa in order to undertake study in New Zealand but are considered to be domestic students for the purposes of attending primary and secondary schools and are exempt from paying foreign course fees:
- Dependent children of any person who is in New Zealand to study under an exchange programme approved by the New Zealand Government.
- Children whose application for a residence class visa is under consideration and who are the dependent children of any person who is the holder of a New Zealand resident visa, or permanent resident visa.
- Children whose application for New Zealand citizenship is under consideration and who are the dependent children of a New Zealand citizen.
- Dependent children of any person who is onshore and the holder of a valid work visa other than those excluded under U8.20.
- Students who have, or dependent children of any person who has, made a claim to be recognised as a refugee or protected person in accordance with Part 5 of the Immigration Act 2009.
- Dependent children of a foreign student enrolled in any Doctor of Philosophy (PhD) programme in a New Zealand university.
- Dependent children of any person who, during the current calendar year, last ceased to hold a special temporary visa (see H2).
- Students who have entered New Zealand for the purposes of adoption and:
- whose adoption application before the New Zealand Family Court (where the Final Order will entitle that student to education as a domestic student) is supported by the Department of Child, Youth and Family Services and who has a letter from the Department of Child, Youth and Family Services confirming this support; or
- who are the subject of an Interim Order of Adoption granted by the New Zealand Family Court under section 5 of the Adoption Act 1955 (where the Final Order will entitle that student to education as a domestic student).
- People who are in the custody of the Chief Executive of the Ministry of Social Development pursuant to any of the following orders:
- an order, pursuant to sections 78, 101 or 238(1)(d) of the Children, Young Persons and their Families Act 1989, in favour of the Chief Executive of the Ministry of Social Development; or
- an order, pursuant to section 110 of the Children, Young Persons and their Families Act 1989, appointing the Chief Executive of the Ministry of Social Development as sole guardian; or
- an order, pursuant to section 33 of the Care of Children Act 2004, whereby a child or young person is placed under the Guardianship of the Family Court or the High Court and the Chief Executive of the Ministry of Social Development is appointed as agent of the court with power and discretion to place the child.
- Dependent children of any person who is the holder of a New Zealand Aid Programme Scholarship.
- Dependent children of any person who is the holder of a visitor visa granted under V3.115.
- Dependent children of military visa holders, while the military visa holder is in New Zealand.
- Children granted a student visa under U10.5.
U3.35.10 Exchange Students
- Students who are in New Zealand to study under an exchange scheme approved by the New Zealand Government (see E11.45) are considered to be international students and must attend a primary or secondary school which is a signatory to the Ministry of Education's Code of Practice for Pastoral Care of International Students (see U5.1), or a tertiary institution.
- Such students require a student visa, interim visa with study conditions, or limited visa but do not have to pay course fees for foreign students.
U3.35.15 Tertiary sector domestic students who do not require a student visa, interim visa with study conditions, or limited visa
The following people are considered to be domestic students for the purpose of attending an education provider in the tertiary sector (see U5.20) and do not require a student visa, interim visa with study conditions or limited visa in order to undertake a course of study in New Zealand:
- New Zealand citizens, including students from Tokelau, the Cook Islands and Niue.
- New Zealand residents.
- New Zealand permanent residents.
- People who are for the time being entitled to any immunity from jurisdiction by or under the Diplomatic Privileges and Immunity Act 1968, other than a person referred to in section 10D(2)(d) of that Act, or the Consular Privileges and Immunity Act 1971 who hold a special temporary visa (see H2). Approval for partners and dependent children of diplomatic, consular or official staff to undertake tertiary study in New Zealand must be granted by the Protocol Division of the Ministry of Foreign Affairs and Trade (see H2.1). Protocol Division will also confirm whether fees are payable.
- Despite (d) above, the accompanying partners and dependent children aged 21 and over of Diplomatic, Consular or Official staff, who wish to undertake tertiary study in New Zealand, may not be eligible for domestic student status and may be required to pay foreign student fees (see H2.1(b)).
- Members of the armed forces of any country, members of its civilian component, or crew members of any craft transporting such people to New Zealand, while in New Zealand:
- at the request or with consent of the Government of New Zealand; and
- in the ordinary course of the member's duty or employment.
U3.35.20 Tertiary sector domestic students who require a student visa, interim visa with study conditions, or limited visa
The following people require a student visa, interim visa with study conditions, or limited visa in order to undertake study in New Zealand but are considered to be domestic students for the purposes of attending an education provider in the tertiary sector and are exempt from paying foreign course fees for foreign students:
- Students enrolled for the first time in any Doctor of Philosophy (PhD) programme, after 19 April 2005, in any New Zealand university (see U5.20).
Partners and dependent children of military visa holders, while the military visa holder is in New Zealand.
Effective 25/07/2011
|