Existing eligibility for in-study work rights will be carried over when the new Skilled Migrant Category (SMC) Resident Visa comes into effect on 9 October 2023.

Most student visa holders can work up to 20 hours per week during term time, and full-time over course breaks.

Students’ in-study work rights have typically been linked to whether the qualification being studied gains points under SMC. Under new SMC settings, only qualifications at Bachelor’s degree Level 7 or above will qualify for points.

When the new SMC comes into effect, references to SMC in the in-study work instructions will be removed so the existing in-study work eligibility remains. Eligible qualifications, programme level and type will be shown instead.

Work rights retained

From 9 October, all students studying a full-time programme that directly results in a New Zealand qualification at Level 4 or above on the New Zealand Qualifications and Credentials Framework (NZQCF) will be eligible for in-study work rights of 20 hours per week.

Micro-credentials do not qualify

Training schemes and micro-credentials are not qualifications and remain ineligible for in-study work rights.

References to the requirement for a course to be relevant to the ANZSCO occupation at skill levels 3-5 will also be removed.

Part time exception

Student visas (with work rights) are not granted for part time study, unless the student is in their final semester of a programme of study that is at least 2 academic years’ duration, or which culminates in a NZ qualification at level four or higher on the NZQCF. In this case the student may be eligible for in-study work rights.

Immigration New Zealand (INZ) is changing how we respond to false or misleading information in visa applications.

From 25 September 2023, immigration officers will begin using section 58(6) of the Immigration Act. This section allows an immigration officer to decline to grant a visa if an applicant (or their agent) submits false or misleading information or withholds relevant information in their visa application.

Using this section of the Immigration Act reflects Parliament’s expectation that people submit applications with true and complete information. This helps protect the integrity of the immigration system.

Section 58(6) does not require an immigration officer to be satisfied the applicant intentionally provided false or misleading information before the application can be declined.

Immigration officers will be advised to consider surrounding circumstances before an application is decided.

Where false and misleading information was included in previous applications 

If someone previously submitted false or misleading information, or withheld relevant information, any future visa applications will continue to be considered using immigration instructions relating to character.

These character instructions will be updated to clarify that immigration officers do not need to establish an applicant intentionally provided false or misleading information, or intentionally withheld relevant information, for there to be a character issue in subsequent applications. This approach aligns with the Immigration Act regarding appropriate responses to false, misleading or withheld information.

Applicants who do not meet character requirements will still be considered for a character waiver before a decision is made. As part of this, immigration officers consider the significance of the false, misleading or withheld information, the intentions and involvement of the applicant, and other factors set out in character instructions.

Character waiver processes updated

As part of this work, INZ has refreshed the character waiver process for all character issues.

The new process standardises the practice of sending one Potentially Prejudicial Information letter asking for comment on the character issue and why a character waiver should be granted, instead of sending two separate letters.

Where false or misleading information is linked to migrant exploitation 

Where false information was provided in a previous visa application, and that incident is connected to a credible report of migrant exploitation, immigration officers can disregard that incident under current character instructions for temporary visa applications. This allowance will be added to character instructions for resident visas along with the other changes on 25 September.

Read more about this change through this link.