News and Publications

Immigration Policy Changes Affecting Students

The Auckland Times
July 2011

by: RAJ PARDEEP SINGH, BA (Hons), LLB

Education is one of New Zealand’s top five export industries, contributing approximately $2.3 billion to the New Zealand economy each year and supporting 32,000 jobs. The export education industry will be strengthened through changes to immigration policy for international students. These changes are aimed at attracting more genuine international students to stay in New Zealand so that they can help drive economic growth through increased productivity and innovation.

The changes will come into effect from 25th July 2011 and 2 April 2012 and will strengthen student visa requirements and conditions, improve access to study and training for genuine students, and improve pathways to residence. This policy will not affect the current students or applicants who have applied for student visa before 25 July 2011 and 2 April 2012.

The changes to Study to Work visas will now take effect on 2 April 2012 and the Skilled Migrant Category applies to new students who commence studying a New Zealand qualification on or after 25 July 2011. They do not apply to students who already hold New Zealand qualifications or students who are currently studying towards New Zealand qualifications.

The key changes which will apply from 25 July 2011 are:

•    The criteria around whether students are genuinely here to study and are capable of successfully completing their courses will be tightened. This can be done by ensuring that the education providers have assessed student’s competencies carefully before issuing an offer of place.
•    Students will be required to attend their courses at all times, as required, unless they have genuine reasons for their absence.
•    Students’ progress will be primarily determined by their education provider and assessed against the education providers’ own academic progress policies.
•    Students will need to satisfy Immigration New Zealand that they genuinely have access to funds for maintenance.
•    Requirements for sponsorship and financial undertakings will be strengthened. Those who provide sponsorship and financial undertakings must be:
o    Be either friends or relatives (if they are individuals), and
o    Genuinely intend to support the student and hold sufficient funds for each student they are acting for.
•    More flexibility for genuine students will be introduced by extending sponsorship eligibility to organisations or government agencies, and allowing third parties who provide financial undertakings offshore to continue with onshore applications.
•    The validity period of medical and police certificates for PhD students, their partners and dependents will be extended from 24 to 36 months, the same as for fee-paying foreign students.
•    Work visa holders will no longer need to obtain a variation of conditions to undertake training authorised by their employer as part of their job.
•    Work visas will be available to the partners of students studying postgraduate courses and courses on the Long Term Skills Shortage List (LTSSL) at bachelor’s degree and above, rather than any students studying courses on the LTSSL.


Changes to Study to Work visas from 2 April 2012

•    Students will need to have obtained a recognised New Zealand qualification of at least two academic years’ duration to qualify for Study to Work visas. A shorter period will be required for people who have gained postgraduate qualifications, credit-transferred bachelors’ degrees or some graduate (level 7) qualifications.
•    Students who obtain a second, higher qualification at bachelor’s degree or postgraduate level will be able to obtain a second Graduate Job Search visa, rather than just one.

Changes to the Skilled Migrant Category
•    Applicants for residence can currently access points for recognised qualifications. From 25 July 2011, the points will be differentiated on the following basis:

•    The partners of principal applicants can currently access points for recognised qualifications. From 25 July 2011, the points will be differentiated on the following basis:

•    Applicants claiming bonus points for having obtained recognised New Zealand qualifications must have a bachelor’s degree or above.
•    Changes will also ensure that more former students who qualify for residence will be required to have a skilled job in New Zealand.

From November 2011
The definition of full-time study will be based on the type of course, rather than the type of provider, to improve consistency across education providers and make it easier for genuine students to access student visas.

From March 2012
•    Funds required by applicants for Graduate Job Search Visas will rise from $2,100 to $4,200.
•    Funds required for student visa applicants will increase from the current $10,000 per year to $15,000 per year for courses 36 weeks or longer, or pro-rated at $1,250 per month for shorter courses (less prepaid living expenses).