Licensed immigration advisers
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Changes to Immigration Operational Policy – November 2009
A continuing professional development workbook for people giving immigration advice
Temporary entry: student
Student policy
- Student policy strengthened for students who apply to change their course and/or education provider.
- Young international students may be temporarily exempted from the requirement to live with their legal guardian, in emergency situations.
- ‘Usually’ removed from definition of legal guardian:
“a 'legal guardian' … usually provides for the care of the student in the student's home country”.
Change of course and/or education provider
Where a student wishes to change their course of study or education provider the following requirements will need to be met:
- Applicants will need to meet all student policy requirements, including the requirement to be a ‘bona fide’ applicant and meet the conditions of their permit.
- Immigration officers must be satisfied that the original student visa would have been issued for the proposed course of study and/or education provider.
- Applicants may provide evidence of payment of course fees after the application has been approved in principle.
INZ will also actively enforce the requirement for students to obtain a variation of conditions or a further student permit before withdrawing from their course of study and/or education provider.
This policy applies to both applications for further student permits and variation of conditions. This policy will not apply to students who are progressing onto further study, for example a student in Year 13 progressing on to tertiary studies.
Legal guardian
Another change to student policy allows young international students to be temporarily exempted from the requirement to live with their legal guardian, in emergency situations.
The word ‘usually’ has been removed from the definition of ‘legal guardian’ in student and visitor’s policy: “the person who usually provides for the care of the student in the student's home country.”