Changes to Post-Study Work Visas for International Students from November 2018 | Pitt & Moore, Lawyers in Nelson

Changes to Post-Study Work Visas from November 2018

The Government recently announced upcoming changes to Post-Study Work rights for international students.

These changes will come into force on 26 November 2018 so if you are currently an international student it’s important to be aware of how this will affect your plans and whether you would be able to support your partner’s visa application.

Eligibility for a Post-Study Work Visa

The rules regarding eligibility for a Post-Study work visa will stay the same.

You will be eligible to apply for a Post-Study Work visa if you have completed a New Zealand programme of study and as a result of this study you hold:

  • A Level 7 qualification or higher (on the New Zealand Qualification Framework) which required you to study for at least 30 weeks in New Zealand; OR

  • A Level 4-6 qualification (on the New Zealand Qualification Framework) which required you to study for at least 60 weeks in New Zealand; OR

  • Two Level 4-6 qualifications which required you to study for at least 30 weeks each (so a total of 60 weeks). The second qualification must be a higher level than the first.

Changes to Post-Study Work Visa conditions

The good news is that from 26 November 2018 there will only be one type of Post-Study work visa and that visa will have ‘open’ work conditions.

This means that the holder will be able to work for any employer in almost any lawful employment, anywhere in New Zealand.

The Post-Study Work Visa (Employer Assisted) will no longer exist.

Duration of the new Post Study Work Visa

From 26 November 2018 Post-Study Work Visas will be granted for either 1, 2 or 3 years, or for the remainder of the time left on your visa if you already hold a Post-Study Work Visa Employer Assisted Visa.

The duration of the visa you are eligible for will be dependent on Level of the qualification you complete and whether you completed the qualification in or outside of Auckland:

A Three (3) Year visa will be granted if you hold a Level 7 Bachelor’s degree (or higher qualification, following at least 30 weeks study in New Zealand.

A Two (2) Year visa will be granted if:

  • you hold a Level 7 graduate degree following at least 30 weeks of study in New Zealand if you have completed your entire qualification outside of Auckland (excluding distance learning).

  • you hold a non-degree Level 7 qualification (such as a diploma following at least 30 weeks study in New Zealand and the qualification was completed outside of Auckland (excluding distance learning).

  • you hold one qualification at Level 4 to 6 following at least 60 weeks study in New Zealand and your qualification was completed outside of Auckland (excluding distance learning).

  • you hold two consecutive qualifications at Levels 4 -6 following at least 60 weeks study in New Zealand (30 weeks per year) and the second qualification is at a higher level than the first and your qualification was completed outside of Auckland (excluding distance learning)

A One (1) year Visa will be granted if:

  • you hold a Level 7 graduate diploma following at least 30 weeks of study in New Zealand and your qualification was completed in Auckland. An additional year will be granted if you are working towards registration with a professional or trade body.

  • you hold a non-degree Level 7 qualification (such as a diploma) following at least 30 weeks study in New Zealand and the qualification was completed in Auckland.

  • you hold one qualification at Level 4 to 6 following at least 60 weeks study in New Zealand and your qualification was completed in Auckland.

  • you hold two consecutive qualifications at Levels 4 -6 following at least 60 weeks study in New Zealand (30 weeks per year) and the second qualification is at a higher level than the first and your qualification was completed in Auckland

Ability to support your partner’s work visa if studying a Level 8 or higher qualification

If you and your partner have visa applications (i.e. student and partnership based work visas) accepted for processing by Immigration New Zealand before 26 November 2018, you can support your partner’s work visa.

If you apply for a student visa on or after 26 November 2018, you will only be able to support your partner if your qualification is on the Long Term Skill Shortage list.

You and your partner must also meet all normal visa requirements.

Transitional policy for current students

If as at 8 August 2018 you have applied for or hold a student visa  for an eligible course of study at Level 4 to 10, there is a transitional policy which applies to you.

If you successfully complete your course you will be eligible to apply for a 3 year open Post Study Work Visa.

Talk to us

If you would like immigration advice or assistance with your Post Study Work Visa Application please contact our Immigration Team today.

Disclaimer: This article should not be used as a substitute for immigration/legal advice tailored for your specific circumstances.

 

 

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Heather Collins

Position: Solicitor
Email: heather.collins@pittandmoore.co.nz
DDI: +64 3 545 6702
LucidVisas & Immigration