U3.30 Students aged 13 and under and students enrolled in Years 1 to 8 (08/04/2013)

See also Immigration Act 2009 ss 49, 56

1. Student visas will only be granted to students enrolled in school years 1 to 8 and students aged 13 and under who are enrolled in any other provider (see U3.30.5 below) if they will be living in New Zealand with their legal guardian (see U3.30.1) unless:
   1. they are domestic students (see U3.35); or
   2. they are enrolled in a school hostel (see U3.30.10 below) approved by the Code Administrator; or
   3. they are enrolled in Years 7 or 8 of a school, or are aged 11 to 13 years and enrolled in any other provider (see U3.30.5), which has prior programme approval from the Code Administrator.
2. All visas granted under these instructions are subject to the condition that the holder live with their legal guardian (see U3.30.1) in New Zealand, unless the student visa holder has been granted a variation of conditions under U7.25 or one of the exceptions listed in U3.30(a) i-iii applies.

Note: The Code Administrator is the Ministry of Education.

U3.30.1 Definition of 'legal guardian'

For the purposes of these instructions a 'legal guardian' is the person with the legal right and responsibility to provide for the care (including education and health) of an international student, and provides for the care of the student in the student's home country. This definition includes the student's biological or adoptive parents, testamentary guardian, or court-appointed guardian.

U3.30.5 Definition of 'other provider'

For the purposes of these instructions 'other provider' is a private training establishment.

U3.30.10 Definition of 'school hostel'

For the purposes of these instructions 'school hostel' means a hostel as defined in section 2 of the Education Act 1989, and:

1. licensed under regulations made under section 144C of the Education Act 1989 (if any); or
2. approved and monitored by the Code Administrator, for international students enrolled in Years 1 to 6 of a school, or aged 10 and under and enrolled in any other provider.

Effective 08/04/2013