U8.20 Partners and dependent children of holders of work visas (30/07/2012)

1. Partners and dependent children (see E4.1) of work visa holders who wish to study in New Zealand may be granted student visas unless the work visa holder has been granted a work visa under any one of the following categories:
   1. Crew of foreign chartered fishing vessels (see WJ); or
   2. Recognised Seasonal Employer (RSE) Work instructions (see WH1); or
   3. Supplementary Seasonal Employment (SSE) instructions (see WH3); or
   4. Silver Fern Job Search Instructions (see WL2); or
   5. Skilled Migrant Category Job Search Instructions (see WR5); or
   6. Working Holiday Scheme instructions (see WI2); or.
   7. domestic staff of diplomatic, consular or official staff (see WI4).
2. Dependent children of work visa holders as defined in (a) above are regarded as domestic students (see U3.35) for the purpose of all course fees at primary and secondary schools for the period of the parent's work visa.
3. Partners and dependent children (see E4.1) of work visa holders may be granted student visas without the need to produce evidence of enrolment.
4. Guarantees of accommodation and/or maintenance for partners and dependent children may be waived provided this is covered by the income of the partner or parent or by evidence of funds or guarantees submitted with the work visa application of the partner or parent (see W2.15).
5. Partners and dependent children of people granted work to residence visas must meet health and character requirements for residence class visa applications as set out at A4 and A5.15 to A5.25.
6. Despite (a) (v) partners and dependent children of Skilled Migrant Category (SMC) Job Search visa holders may be granted student visas if the related SMC application was under consideration on or before 24 July 2011.

U8.20.1 Dependent children of Essential Skill work visa holders

See also Immigration Act 2009 ss 56, 157

1. Dependent children (see E4.1.10) of holders of work visas granted under the Essential Skills work instructions (WK) after 30 November 2009 will only be granted a student visa if their parent/s meet a minimum income threshold.
2. The minimum income threshold is $33,675 gross per annum and must be met and maintained wholly by the salary or wages of a parent or parents holding an Essential Skills work visa.
3. Evidence must be provided of the Essential Skills work visa holder's current salary or wages to satisfy an immigration officer that the applicant's parent/s meet the minimum income threshold.
4. Despite (b) above, dependent children of Essential Skills work visa holders whose parents have an application being considered under the Samoan Quota or Pacific Access Category must meet the minimum income requirements of those instructions (see S1.10.35 or S1.40.35) to be eligible for a student visa under these instructions.
5. Dependent children are not required to be assessed against the Essential Skills minimum income threshold if their parent/s:
   1. have held any temporary work visa before 30 November 2009; and
   2. have remained on a valid visa from 30 November 2009 until the date of the dependent child's application under U8.20.
6. If a visa application is declined under these instructions and the dependent child becomes unlawful the parents may become liable for deportation.
7. If the parent/s do not maintain the minimum income threshold for the duration of their or their dependent child's visa both the parent/s and child may become liable for deportation.

   Note: Where both parents hold Essential Skills work visas, their income may be combined to meet the minimum income threshold.

U8.20.5 Dependent children of work visa holders under Religious Worker instructions

See also Immigration Act 2009 ss 56, 157

1. Dependent children of a holder of a work visa under Religious Worker instructions (WM) will only be granted a student visa if the:
   1. minimum income threshold is met by the Religious Worker visa holder and their partner; or
   2. religious organisation sponsoring the principal applicant agrees to sponsor the dependent children.
2. Under (a)(i) above:
   1. the minimum income threshold is NZ$33,675 gross per annum; and
   2. the minimum income threshold must be met and maintained by the salary, wages or a stipend received by the Religious Worker visa holder and their partner; and
   3. evidence must be provided of the current salary, wages or stipend of the Religious Worker visa holder and their partner; and
   4. if a visa application is declined under these instructions and the dependent child becomes unlawful the parents may become liable for deportation; and
   5. if the parents do not maintain the minimum income threshold for the duration of their visa or their dependent child's visa, both the child and the parents may become liable for deportation.

      Note: The income of both parents may be combined to meet the minimum income threshold.

Effective 30/07/2012