Information Sheet for Parents or Legal Guardians

Very young international students studying in New Zealand

Information sheet for parents

From 1 January 2004 education providers may only enrol international students in Years 1-6 of a school, or aged 10 years and under in any other provider if they are living with a parent.

The definition of parent in the Code of Practice for the Pastoral Care of International Students includes a legal guardian and this is defined as the person:

a) With the legal right and responsibility to provide for the care (including education and health) of an international student; and

b) Appointed by a New Zealand or foreign court, or by testament ( a person appointed by will when the child's parents have died); and

c) Usually providing for the care of the student in the student's home country

All three of the above criteria must be met.

International students in Years 1-6 of a school or aged 10 and under in any other provider must be living with a parent or legal guardian for the whole time that the student is enrolled. If a student is found not to be living with a parent or legal guardian, the school should discontinue enrolment, otherwise the school may be in breach of the Code of Practice.

All international students who are enrolled in Years 7 and 8 of a school (compulsory schooling sector) or aged 11 - 13 in any other provider must also live with a legal guardian unless the school has Approval from the Code Administrator. A list of these approved schools is available from www.minedu.govt.nz/goto/international.

Parents of very young international students can come to New Zealand on different visa/permits:

Guardian Visa/Permit

• This is a multiple entry Visitor's Visa/Permit

The Guardian Visa/Permit may be issued to the guardian of a person who is aged 17 years and under or enrolled in Years 1 - 13 and the holder of a Student Visa/Permit; AND who meets the following requirements:

• Bona fide applicant
• Funds for maintenance in New Zealand
• Evidence of onward travel arrangements
• Health and character requirements.

Visitors Visa

Parents or legal guardians can come to New Zealand with their children as visitors; however it is important that the parents make sure that they are able to stay in New Zealand for the same length of time as their child's course. Generally visitors can only stay in NZ as a visitor for 9 months in every 18 months, i.e. spend 9 months in NZ and then cannot re-enter as a visitor until another 9 months time.

Student Visa

Parents or legal guardians of international students can come to New Zealand as students themselves.

For more information contact Immigration New Zealand.

• For the purposes of immigration's guardian policy, a guardian includes a biological or adoptive parent, a testamentary guardian, and a court appointed guardian. The guardian is defined as the person that has the legal right and responsibility to provide the care for the student, and who would normally do so in the student's home country. A Notarial Certificate or Parenting Order is not evidence of guardianship.
• The Guardian Visa/Permit is issued for a stay of 12 months in New Zealand, or if the student's course is less than 12 months, for a period consistent with the student's permit. If this is longer than 12 months, the Guardian Visa/Permit will be issued for 12 months, and after 12 months the guardian will have to apply for a further permit/visa
• Only one parent/guardian can be issued a Guardian Visa/Permit per family
• A Guardian Visa/Permit will be revoked if the Student Permit is revoked, or if the guardian fails to live with the student
• Guardians who are the holders of Guardian Visa/Permits are prohibited from being granted a Student Permit or Work Permit under the General Work or Specific Purpose policy.
• However, Guardian Visa/Permit holders can apply for a Variation of Conditions to their Guardian Visa/Permit for part time work (between the hours of 9.30am and 2.30pm) or for part time study. These changes do not affect guardians' eligibility under any residence, work-to-residence or partnership categories.