U8.20 Dependent children of holders of work visas

1. 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. Foreign crew of 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 tuition fees at primary and secondary schools for the period of the parent's work visa.
3. 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 dependent children may be waived provided this is covered by the income of the work visa holder parent or by evidence of funds or guarantees submitted with the work visa application of the parent (see W2.15).
5. 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.
6. Dependent children of people granted a Migrant Exploitation Protection work visa (MEPV) must be holding a visa based on their relationship to the MEPV holder to be eligible for a further visa under these instructions.

U8.20.1 Tertiary aged dependent children of people who may be eligible for a 2021 Resident Visa

1. Between 1 January 2022 and 31 December 2023, dependent children (see E4.1) of work visa holders who wish to undertake tertiary study in New Zealand may be granted student visas if they are:
   1. residing in New Zealand; and
   2. aged 25 years or under as at 1 January 2022; and
   3. the child of a person who held one of the following visa types as at 29 September 2021:
      • Essential Skills Work Visa
      • Approval in Principle
      • Work to Residence (all categories)
      • Skilled Migrant Category Job Search
      • Religious Worker
      • Post Study Work Visa
      • Work Visa granted under section 61 of the Immigration Act 2009 (provided the applicant held another eligible visa type within 6 months of being granted a visa under section 61)
      • Special work visa for victims of people trafficking
      • Migrant Exploitation Protection
      • Special work visa for victims of family violence
      • Silver Fern Practical Experience
      • Other Critical Workers visitor visas (provided the visa was granted for a minimum of 6 months)
      • Critical Health Workers visitor visa (provided the visa was granted for a minimum of 6 months )
      • a Critical Purpose Visitor Visa granted under H5.25.15(j) on the basis of holding an Essential Skills or Work to Residence visa; or
   4. the child of a person who was granted a visa between 30 September 2021 and 31 July 2022 if it is:
      • an Other Critical Workers visa (provided the visa was granted for a minimum of 6 months); or
      • a Critical Health Workers visa (provided the visa was granted for a minimum of 6 months).
2. People defined in (a) above are considered to be domestic students (see U3.35), and can be granted a visa provided they meet the criteria to be considered a dependent child, being that they are single and:
   1. aged 17 or younger; or
   2. aged 18 to 20 with no child(ren) of their own; or
   3. aged 21 to 24 with no child(ren) of their own and are totally or substantially reliant on their parent or their parent’s partner for financial support, whether living with them or not; or
   4. aged 25 or older and meets instructions to be included as a dependent child aged 25 years or older as per S6.10.10.1
3. Applicants may be granted a student visa for the duration of their parent’s visa, as outlined in (a) above, or until 31 December 2023 (whichever is sooner).
4. Applicants under these instructions do not need to produce evidence of enrolment (unless are required to do so to qualify for working rights under U13.15.1(g)(i)).

U8.20.5 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 NZ$43,322.76 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 parent(s) 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.

U8.20.10 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$43,322.76 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 25/09/2023