U14.15 Changing and complying with pathway student visa conditions

See also Immigration Act 2009 ss 49, 52, 56

1. If a pathway student visa holder wishes to move to a different education provider or lower level programme of study than those specified in their visa conditions, they must apply for a new student visa and meet the requirements set out at U3.40.
2. A variation of conditions, for the purpose of changing a programme of study at the same education provider will only be granted if an immigration officer is satisfied that:
   1. the applicant meets the student requirements set out at U3.1; and
   2. the applicant has not breached their visa conditions as set out at E3.20; and
   3. the original student visa would have been granted for the proposed programme of study; and
   4. the proposed programme of study is at the same or higher level on the New Zealand Qualification Framework as the original programme of study; and
   5. the applicant remains a bona fide applicant (see E5.1).
3. Factors that an immigration officer may take into consideration when determining (b)(iii) and (b)(iv) above include, but are not limited to:
   1. the time elapsed since the original visa was granted; and
   2. whether the level and/or subject area of the proposed programme of study are significantly different from the original programme of study; and
   3. any relevant information held about the previous application(s) including advice from the original issuing branch (see E7.1.1).
4. Students who have received New Zealand scholarship funding within the two years prior to their application to change programme of study must also provide evidence that the Ministry of Foreign Affairs and Trade supports the change of programme of study and that any scholarship continues.

U14.15.5 Breaching visa conditions

1. A pathway student visa holder will be considered to be in breach of visa conditions where:
   1. they fail to meet conditional pre-requisites for enrolment into a second or subsequent programme of study (E3.20(d)); or
   2. the time between the completion of one programme of study and the start of a second or subsequent programme of study on a pathway exceeds 16 weeks; or
   3. they have submitted an English language test result as set out at U14.5.1(c) and their intended pathway is an English language programme of study culminating in a qualification at Levels 5 to 8 on the New Zealand Qualifications Framework and the English Language programme of study is not completed within a 20 week period.
2. A breach of visa conditions is "sufficient reason" to make a temporary entry class visa holder liable for deportation, and may result in the issue of a Deportation Liability Notice (E3.60).

Effective 13/05/2019