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Circular 2009/01 - Eligibility for enrolment in New Zealand schools

Education Circular
This circular is about defining the eligibiity to enrol students in New Zealand schools. It is an updated version of Circular 2007/1 issued in February 2007.

Date: 1 January 2009
To end date: 31 December 2012
Circular Number: 2009/01
Category: Schools and Student Support

Eligibility for enrolment in New Zealand schools

This circular is about: Defining the eligibility of students to enrol in a New Zealand (NZ) school, identifying what documentation may be required to verify a student's status (domestic, exchange or international) and outlining what has to happen before enrolling an exchange student or an international student.

This circular replaces: Circular 2007/01. This version incorporates changes made in January 2009.

The action required is: Please note the contents of this circular and ensure that when enrolling students, all requirements as stated in this circular are met.

It is intended for: Boards of trustees and principals of state, state integrated, and private schools.

For further information: Information on International students and tuition fees can be found on the Ministry of Education website at www.minedu.govt.nz/international.

Information about immigration issues is available at www.immigration.govt.nz.

Determining the eligibility of a student to enrol

Purpose of this circular

To provide accurate information to principals and boards of trustees on who is eligible to enrol and what documentation is needed to confirm a student's eligibility.

Who is eligible to enrol in a New Zealand (NZ) state school?

All children aged between five and nineteen have a right to enrol in a state school if they are a domestic student or an approved exchange student. Parents of domestic students have a duty to make sure that they are enrolled in a school between the ages of six and sixteen.

Why is it important to determine eligibility?

Determining eligibility is important because it establishes a student's entitlement to enrol. It establishes how a student's enrolment will be funded. It also establishes if a student needs to apply to a school which is a signatory to the "Code of Practice for the Pastoral Care of International Students" (the Code).

Who are "domestic" students and what documents do you need to view?

Domestic students are students entitled to free education in NZ state schools. To determine if a student is "domestic" you will need to consider these key questions.

  1. Is the student a NZ citizen? If so, they will be enrolled as a domestic student. One of these documents will tell you if a student is a NZ citizen:
    - NZ Birth certificate (incl. Cook Island, Niuean or Tokelauan); or
    - NZ Citizenship Certificate; or
    - NZ Passport (incl. Cook Island, Niuean or Tokelauan); or
    - Cook Island, Niuean or Tokelauan Letter of Confirmation; or
    - Cook Island, Niuean or Tokelauan Certificate of Naturalisation; or
    - Cook Island, Niuean or Tokelauan Certificate of Registration.
  2. Is the student an Australian citizen? If so, they will be enrolled as a domestic student. To confirm the student is an Australian citizen look for:
    - Australian Passport
  3. Is the student a NZ resident? If so, they will be enrolled as a domestic student. To confirm the student is a NZ resident look for:
    - Passport with residence stamp/label.
  4. Does the student have a current Student Visa/Permit which states they are a "MoE gazetted domestic student"? If so, they are likely to be entitled to enrol as a domestic student for the period identified on the permit. (To confirm this, check the domestic student categories set out in Appendix A). The Student Visa/Permit will appear as a label in the student's passport (if they have one), or in their parent/guardian's passport, or, in some rare instances, in a NZ Certificate of Identity (a passport sized certificate issued in the absence of a passport). If the student has a Student Visa/Permit which does not state "MoE gazetted domestic student" and does not specify a school, you can check Appendix A to see if they meet any of the domestic student categories.
  5. Does the student have a current Limited Purpose Permit issued by Immigration NZ that either:
    - states on the permit that it is valid for the purposes of primary or secondary study; or
    - is accompanied by a letter from Immigration NZ stating that it is valid for the purpose of primary or secondary study?

If so, they are entitled to study for the period identified on the permit. The Limited Purpose Permit is a label in the student's passport (if they have one) or in their parent/guardian's passport.

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Still not sure if a student is a domestic student?

There are some instances where a student is entitled to enrol as a domestic student but does not have any of the documents referred to above. If you think this may be the case, you can either:

  • check the full list of categories of domestic students and associated documentation in Appendix A; or
  • call Immigration NZ for clarification on 0508 558 855 (with written permission from a parent/caregiver you can ask for information on a student's particular case).

What is needed when processing a domestic student's application?

  1. When processing enrolment applications you need to take a copy of all relevant documents. However, if the student is eligible as a NZ citizen, NZ resident or Australian citizen, you only need to do this if you are the first NZ school to enrol the student.

If the student is not enrolled as a NZ citizen, NZ resident or Australian citizen there will be an expiry date on documentation. You will need to:

  • note expiry dates (ENROL includes a section for this);
  • ensure requests for Student Visa/Student Permit renewals are sent to Immigration NZ at least four weeks before an existing permit or visa expires; and
  • retain a copy of any updated documentation.

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What about "exchange" students?

Principals are obliged to enrol exchange students who are in NZ on an exchange scheme that has been approved by the NZ government. The only exception is if your school is not a signatory to the "Code of Practice for the Pastoral Care of International Students" (the Code).

Exchange students are students who are in NZ to study under an exchange programme approved by the NZ Government. This includes school-to-school exchanges, as well as those organised by exchange organisations. A list of approved exchange programme organisations is held on the Ministry of Education website.

Although exchange students are classed as international students, they are treated as domestic students for funding purposes.

What is needed to enrol an exchange student?

To enrol an exchange student a school will need to:

  1. be a signatory to the Code;
  2. be involved before the exchange student arrives, because a Student Exchange Visa is only issued to students with a place confirmed in a school, and with a place on an approved exchange scheme;
  3. ensure the student holds a valid Student Visa/Permit which will specify the name of your school;
  4. ensure that, if an exchange student transfers from another NZ school to your school, you have confirmed their place. This is a requirement before they can receive a Variation of Conditions (VOC) to study at your school. This will be a letter from Immigration NZ; and
  5. retain a copy of documentation, including a letter from the exchange scheme confirming that the student has been accepted into an approved student exchange scheme, and the VOC letter if the student has transferred to your school.

Who are "international" students?

All students who do not meet any of the domestic categories will be treated as international students (sometimes referred to as foreign students). All international students, except for exchange students on approved schemes, are required to pay fees.  International students need a Student Visa/Permit in order to attend a school in NZ.

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Do you have to enrol international students who turn up at your school?

Principals are not obliged to enrol international students. The right to enrolment and free education in NZ does not extend to international students, unless they are exchange students (section 3, Education Act 1989).

What is needed to enrol an international student?

To enrol an international student a school must:

  1. be a signatory to the Code. (The Ministry of Education's Resourcing Auditors will check to see whether schools with international students are signatories to the Code. This will be undertaken during the audits to verify the accuracy of the 1 March and 1 July roll returns);
  2. offer a place to the student before they apply for a Student Visa/Permit. The Student Visa/Permit label will state the course of study eg, "secondary studies" and the school;
  3. have a "vacant place". Under the Education Act international students (excluding exchange students) can only be enrolled, when at the same time domestic students are not able to be enrolled, if:
    - the enrolment is in a "vacant place" that the board established for the foreign student; and
    - the viability of the "vacant place" is dependent on the income from the foreign student (section 4 (6) of the Education Act);

Schools should not enrol students, or allow them to attend the school, until a valid Student Visa/Permit or a Limited Purpose Permit (LPP) issued for the purposes of study has been sighted (though students can be pre-enrolled before they hold such a Student Visa/Permit or LPP).

What if an international student leaves your school?

Schools should follow the procedures set out in Immigration NZ guidelines and advise Immigration NZ immediately when a student leaves or has their enrolment terminated. The Immigration NZ electronic notification form to use if an international student's enrolment has been terminated, is available at www.immigration.govt.nz.

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What is needed for international students in Years 1-8?

Under the Code, international students in Years 1-6 must have a parent or legal guardian living with them for the entire duration of their enrolment unless living in a school hostel. A legal guardian is defined in the Code as a person:

  1. with the legal right and responsibility to provide for the care (including education and health) of an international student and appointed by a NZ or foreign court, or by testament; and
  2. usually providing for the care of the student in the student's home country.

International students who come under the guardianship of CYF are treated as domestic students (See Appendix A, no 6).

Schools that are signatories to the Code and wish to enrol Year 7-8 international students who are not living with their parent or legal guardian must gain approval from the Administrator of the Code prior to enrolment. This approval applies to the school and not to an individual international student.

Further information about the pastoral care of international students may be found on-line at: www.minedu.govt.nz/international or by emailing info.code@minedu.govt.nz.

How are domestic students funded?

All domestic students and exchange students are funded by the Ministry of Education through a school's operations grant. More information about the operations grant can be found at www.minedu.govt.nz/resourcinghandbook.

How are international students funded?

International fee paying students must pay fees to cover all costs including tuition, course fees and administration. Information on international fees and on the payment of levies to the Government in relation to international students can be accessed at the Ministry of Education website: www.minedu.govt.nz/international.

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Issued by:

Beverley Pitkethley
Acting Group Manager
Schools and Student Support

Ministry of Education National Office
45 - 47 Pipitea Street, Thorndon
P O Box 1666, Wellington, New Zealand
Phone: (04) 463 8000
Fax: (04) 463 8001

Appendix A: Domestic student categories and appropriate documentation

Categories of domestic students Documentation required
  1. New Zealand citizen (includes Cook Island, Niue and Tokelau)
  • NZ Birth certificate (incl. Cook Island, Niuean or Tokelauan); or
  • NZ Citizenship Certificate; or
  • NZ Passport (incl. Cook Island, Niuean or Tokelauan); or
  • Cook Island, Niuean or Tokelauan Letter of Confirmation; or
  • Cook Island, Niuean or Tokelauan Certificate of Naturalisation; or
  • Cook Island, Niuean or Tokelauan Certificate of Registration. 
  1. Australian citizen
  • Australian Passport.
  1. New Zealand resident.
  • Passport with residence permit stamp/label
  1. A student who has made, or the dependent child of a person who has made, a claim to be recognised as a refugee in accord with Part IVA of the Immigration Act.
  • New Zealand issued Certificate of Identity; or
  • Passport; or
  • Refugee travel document; and
  • Valid Student Permit label.
  1. A student who has entered NZ for the purposes of adoption, where the Final Order will entitle the child to education as a domestic student, and whose adoption is supported by CYF, and:
    - adoption application is before the NZ family Court; or
    - has an Interim Order of Adoption.
  • Valid Student Visa/Permit; and/or
  • CYF letter of support for adoption application or
  • Interim Order of Adoption 
  1. An international student who has come into the care of Child, Youth and Family (CYF) through an order under the CYFS Act.
  • Valid Student Visa/Permit; and
  • A letter from CYF confirming the arrangement.
  1. A student who is the dependent of any person who has an unexpired work permit (except if issued under "Crew of Foreign Chartered Fishing Vessels" or "Recognised Seasonal Employer" Immigration NZ work policies).
  • Valid Student Visa/Permit; and
  • Parent's passport with a valid work permit and
  • Evidence of the family relationship, such as a Birth Certificate.
  1. A student who is the dependent of a NZ citizen and whose application for citizenship is under consideration by the Department of Internal Affairs.
  • Valid Student Visa/Permit; and
  • Evidence that the parent is a NZ citizen (see 1 above); and
  • Letter from Department of Internal Affairs confirming student's current application for citizenship is under consideration; and
  • Evidence of the family relationship such as a Birth Certificate.
  1. A student who is the dependent of a NZ resident and whose application for NZ residence is under consideration by Immigration NZ.
  • Valid Student Visa/Permit; and
  • Evidence that the parent is a NZ resident (see 3 above); and
  • Letter from Immigration NZ confirming child's current application for residence is under consideration; and
  • Evidence of the family relationship such as a Birth Certificate.
  1. A student who is a dependent of someone entitled to diplomatic or consular immunity; or who ceased entitlement during the calendar year.
  • Valid Student Visa/Permit; and
  • Parent/guardian's diplomatic passport; and
  • Evidence of the family relationship such as a Birth Certificate.
  1. A student who is a dependent of a member of a visiting force, or its civilian component.
  • Valid Student Visa/Permit; and
  • Parent/guardian's passport; and
  • A letter from the Protocol Division of the New Zealand Ministry of Foreign Affairs and Trade confirming diplomaticor consular immunity status; and
  • Evidence of the family relationship such as a Birth Certificate.
  1. A student who is the dependent of a person associated with a scientific programme or expedition under the Antarctic Act 1960.
  • Valid Student Visa/Permit; and
  • Parent/guardian's passport; and
  • Evidence that the parent/guardian is a members of, or associated with, a scientific programme or expedition under the Antarctic Act 1960; and
  • Evidence of the family relationship such as a Birth Certificate.
  1. A student who is the dependent of any person who is in NZ to study under an exchange scheme approved by the NZ government.
  • Student Visa/Permit; and
  • A letter from the approved exchange scheme confirming that the student has been accepted into an approved student exchange scheme by the scheme organiser; and
  • Evidence of the family relationship such as a Birth Certificate.
  1. A student who is the dependent of an international student who has enrolled in any PhD programme in a NZ university.
  • Student Visa/Permit; and
  • Parent/guardian's passport; and
  • Evidence of parent's programme of study; and
  • Evidence of the family relationship such as a Birth Certificate.
  1. A student who is the dependent of a person who is the holder of a NZAID (including Commonwealth) Scholarship.
  • Student Visa/Permit; and
  • Parent/guardian's passport with a valid Student Visa/Permit; and
  • Letter from NZAID stating that the parent is the holder of a NZAID (Including Commonwealth) Scholarship and
  • Evidence of the family relationship such as a Birth Certificate.
  1. A student who holds a Limited Purpose Permit granted by Immigration NZ for the express purpose of determining his or her immigration status.
  • Limited Purpose Permit that states it is valid for primary or secondary study; or
  • Limited Purpose Permit accompanied by a letter from Immigration NZ stating that it is for the purpose of primary or secondary study.

Note: a Student Visa/Permit can confirm a student is eligible to enrol as a domestic student if:

  1. it specifies the student is a "MoE gazetted domestic student" (it will also state that they can study at "unspecified" or "New Zealand" which means any school) and
  2. it has not expired.

Chart for Eligibility for Enrolment in New Zealand Schools.
To view a larger version of this chart, please click on the image.

Content last updated: 22 March 2010

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