U7.15 Students undertaking employment (27/08/2012)

See also Immigration Act 2009 ss 49, 52, 56

1. Students may apply for a variation of conditions to work:
   1. to fulfil practical course requirements (see U7.15.1); and/or
   2. for up to 20 hours in any given week during the academic year, and during any holidays within the academic year if they are an eligible student (see U7.15.5); and/or
   3. full-time during the Christmas-New Year holiday period if they are an eligible student (see U7.15.10).
2. Students are not permitted to:
   1. work in self-employment; or
   2. provide commercial sexual services; or
   3. act as an operator of a New Zealand business of prostitution; or
   4. invest in a business of prostitution (see E7.40).

U7.15.1 Course requirements

1. Holders of student visas may apply for a variation of conditions to allow them to work in order to fulfil a requirement of practical experience for their course.
2. If satisfied that practical experience is a course requirement, an immigration officer may grant a student visa with the conditions varied to allow employment.

   Note: If an applicant's main activity will be work, they must apply for a work visa.

3. Where the variation of conditions is sought in conjunction with an application for a student visa, the fee for a variation of conditions may be waived.
4. The variation of conditions will be effective only for the period of the student's current student visa and ceases on completion of the relevant course of study.
5. The variation of conditions may be applied for at any time the visa is current or when applying for a further student visa.

U7.15.5 Twenty hours in any given week for eligible students

1. Holders of student visas may be granted a variation of conditions to allow them to work during the academic year, and during any holidays within the academic year for up to 20 hours in any given week if they are:
   1. undertaking a full-time programme of study, at a private training establishment or tertiary institution (see U5.15 - U5.20), of at least two academic years’ duration; or
   2. undertaking a full-time programme of study in New Zealand, culminating in a New Zealand qualification that would qualify for points under the Skilled Migrant Category (see SM14); or
   3. undertaking a full-time tertiary programme of study of at least one academic year's duration as part of an approved tertiary student exchange scheme (see E11.45); or
   4. undertaking a full-time, full secondary school year programme of study in Years 12 or 13, provided they have written permission from their school and written parental consent; or
   5. engaged in a full-time programme of study of at least six months’ duration at a private training establishment or tertiary institution (see U5.15 - U5.20); and
      • an immigration officer is satisfied that the primary purpose of the programme of study is to develop English language skills; and
      • the student can provide a certificate (no more than 2 years old at the time the application is lodged) from the International English Language Testing System (IELTS) which shows an overall band score of at least 5.0 in the IELTS (General or Academic Module); or
   6. undertaking a full-time English language programme of at least 14 weeks duration or a full-time foundation programme of at least one academic year’s duration at level four or higher on the New Zealand Qualification Framework where either programme is at an education provider in Canterbury that:
      • is a university; or
      • holds Category One status under the New Zealand Qualifications Authority’s (NZQA) External Evaluation Review (EER) quality assurance system; or
      • is on a three year audit cycle.

        Note: For (vi) the programme of study must have been commenced on or before 28 February 2014.
        
        To be eligible for work rights under (vi), students aged 16 and 17 years must have written permission from their education provider and written parental consent. Students below the age of 16 are not eligible.
        
        A list of qualifying education providers can be found at www.nzqa.govt.nz/audience-pages/quake/

2. Evidence of an offer of employment is not required.
3. Where the variation of conditions is sought in conjunction with an application for a student visa, the fee for a variation of conditions may be waived.
4. The variation of conditions will be effective only for the period of the student's current student visa and ceases on completion of the relevant course of study.
5. The variation of conditions may be applied for at any time the visa is current or when applying for a further student visa.

U7.15.10 Christmas-New Year holiday period

1. Holders of student visas may be granted a variation of conditions to allow them to work full-time during the Christmas-New Year holiday period at the end of each academic year, provided they are undertaking a full-time course of study of 12 months or more duration.
2. Any school student who does not meet the requirements set out at U7.15.5a(iv) is not eligible to work under the provisions of U7.15.10.

   Note: Written permission from the school is not required for students who are 18 years of age or over, under the provisions of U7.15.10.

3. Evidence of an offer of employment is not required.
4. Where the variation of conditions is sought in conjunction with an application for a student visa, the fee for a variation of conditions may be waived.
5. The variation of conditions will be effective only for the period of the student's current student visa.
6. The variation of conditions may be applied for at any time the visa is current or when applying for a further student visa.

Effective 27/08/2012