In a bid to align immigration policies with the changing landscape of skilled migration, New Zealand is set to implement significant changes to the in-study work rights for student visa holders, effective from October 9, 2023. These revisions are closely linked to the new criteria established for the Skilled Migrant Category Resident Visa, reflecting the country’s commitment to attracting talent and expertise vital for its economic growth.

In the current situation international students in New Zealand must prioritize understanding their work rights, a critical aspect of their stay. These rights are intricately tied to their visa conditions. International students in New Zealand fall into various categories with different work permissions. Tertiary students can work part-time, up to 20 hours a week, provided they are enrolled in a full-time course of at least two academic years or one that leads to a qualifying New Zealand qualification. There are also opportunities for full-time work during scheduled breaks. PhD and Masters by research students face no work hour restrictions. English language students can work part-time under specific conditions, and secondary school students in Year 12 and 13 can work during the school year with permission. Practical experience related to course is also permitted. However, certain restrictions apply, such as not being allowed to be self-employed.

The Upcoming Changes

Effective from October 9, 2023, the following changes, will be implemented:

1. Elimination of Skilled Migrant Category Resident Visa Mentions: Any mentions of the Skilled Migrant Category Resident Visa in the guidelines for in-study work will be removed. Instead, eligibility will be determined based on the level and type of the qualification.
2. Abolition of the Relevance to Occupation Requirement: The requirement for a course to be relevant to the ANZSCO occupation at skill levels 3-5 will no longer be considered in the instructions.
3. Qualifications at Level 4 or Above Eligibility: Consequently, all students who are enrolled in a full-time program leading to a New Zealand qualification at Level 4 or higher on the NZQCF will have the right to in-study work. Nevertheless, training schemes and micro-credentials, which are not regarded as qualifications, will remain ineligible for in-study work rights.
4. Full-Time Study Necessity: Generally, students are required to be in full-time study to qualify for a student visa and the associated in-study work rights.
5. Exemptions for Part-Time Study: Exceptions will be made for students who are either completing a course of study that qualifies for points under the Skilled Migrant Category Resident Visa or are in their final semester of a program lasting at least 2 academic years. These exceptions will allow students with part-time study commitments in their final semester to continue holding a student visa. These instructions will also be updated to specifically mention qualifications at Level 4 and above.
6. Broad Eligibility for Level 4 and Higher Qualifications: Immigration guidelines will be revised to indicate that all qualifications at Level 4 and above on the NZCQF will grant eligibility for in-study work rights. This adjustment is made to ensure that eligibility for in-study work rights is maintained once the higher qualification threshold for the Skilled Migrant Category Resident Visa takes effect on October 9, 2023.

The changes to in-study work rights for students in New Zealand, offer simplified eligibility criteria, making it easier for students to understand and qualify for in-study work rights. These changes also broaden access to part-time work opportunities, provide flexibility for students with part-time study loads, and ensure continued access to work rights as visa requirements evolve. In summary, these changes enhance the overall educational and living experience for international students, offering clarity, employment opportunities, and long-term security in their immigration status.