U14.20 Provider requirements

U14.20.1 Pathway pilot entry criteria

To qualify for entry to the Pathway student visa pilot, an education provider must:

1. be invited by Immigration New Zealand to be a pilot participant; and
2. have signed the Pathway Student Visas - Pilot Participation Declaration agreeing to the requirements as set out at U14.20.10; and
3. be either a school, a university or hold a Category One or Two rating under New Zealand Qualifications Authority’s (NZQA) External Evaluation and Review framework; and
4. have a minimum 90% student visa application approval rate over the 2014/15 financial year or 2016 calendar year (12 month period); and
5. comply with the legislative requirements as set out under the Education and Training Act 2020 to offer programmes of study to foreign students (U5.5 to U5.20); and
6. be a signatory to the Education (Pastoral Care of Tertiary and International Learners) Code of Practice 2021.

U14.20.5 Eligible pathways

1. All pathways must demonstrate academic progression to the second or subsequent programme of study building on the previous study.
2. All consecutive programmes of study that demonstrate progression are eligible to be included in the pilot with the exception of the following pathways:
   1. any English language programme of study culminating in any tertiary sector Level 1–4 Certificate on the New Zealand Qualifications Framework (NZQF); and
   2. all pathways within and between tertiary sector NZQF Levels 1–4 Certificates; and
   3. secondary school culminating in any tertiary sector NZQF Levels 1–4 Certificates.
3. Breaks between consecutive programmes of study must not exceed 16 weeks
4. Only education providers who meet the requirements set out under U14.20.1 can offer a joint pathway in conjunction with one another.

U14.20.10 Formal agreement between qualifying education providers

1. To ensure a student’s pastoral care needs are met, qualifying education providers who intend offering an education pathway in conjunction with one another must enter into a formal agreement.
2. The formal agreement must include and set out the following processes and arrangements:
   1. the application process; and
   2. pastoral care obligations; and
   3. handover arrangements in transition periods between programmes of study/education providers; and
   4. the process if a significant gap exists between completion of a programme of study and the start of a second or subsequent programme of study or in the event some papers are failed and cannot be repeated within a 16 week period; and
   5. the process if conditional entry requirements for second or subsequent programmes of study are not met; and
   6. the process if the student fails to attend and/or make satisfactory progress (E3.20(d)); and
   7. the process if the student wishes to leave intended pathway; and
   8. the obligation to notify INZ where a pathway student:
      • requires additional time to complete a programme of study and time required is likely to exceed 16 weeks; or
      • fails to meet the conditional entry requirements for a second or subsequent programme of study; or
      • fails to enrol for a subsequent programme of study; or
      • fails to attend and/or make satisfactory progress; or
      • has their enrolment in a programme of study terminated.
3. Where an education pathway is offered by a single qualifying education provider, the formal agreement processes set out at (b) must be met.
4. The signed formal agreement does not have to be submitted with a pathway student visa application, however it must be made available to INZ if requested.

U14.20.15 Non-compliance with formal agreement requirements or when under active investigation by Immigration New Zealand

Where non-compliance, other than of a minor nature, with any of the matters agreed to in the Pathway Student Visas - Pilot Participation Declaration, or where the pathway education provider is under active investigation by INZ for offences committed under part 10 of the Immigration Act 2009 the following process may occur:

1. INZ will suspend the processing of any student visa applications related to an existing pathway agreement immediately.
2. The non-compliant pathway education provider(s) will be advised in writing of the suspension and will be sent a report detailing the non-compliance, and will be given 30 days to remedy the non-compliance.
3. Resolution (or satisfactory progress towards resolution) of the non-compliance to the satisfaction of INZ within the 30 day period will see the suspension lifted and processing of related pathway student visa applications will resume.
4. Where a resolution is reached, the Ministry of Business, Innovation and Employment or the New Zealand Qualifications Authority may conduct an investigation three to six months later to assess the effectiveness of the remediation undertaken. If the remediation is deemed inadequate or ineffective, the suspension can be re-imposed or the provider may be removed from the pathways pilot and current pathway student visa holders may become liable for deportation.
5. If INZ is not satisfied that the non-compliance has been addressed or satisfactory progress has been made towards resolution within the 30 day period, the suspension of related student visa processing will continue (until resolution occurs).
6. Failure to address or make satisfactory progress towards resolving the non-compliance may result in removal from the pathways pilot, and current student visa holders becoming liable for deportation.

Note: INZ may rely on the advice of the Ministry of Education and/or the New Zealand Qualifications Authority in determining whether resolution has been reached or satisfactory progress has been made towards resolution.

Effective 31/07/2022