Part-Time Work Rights for Migrant School Leavers Awaiting Residence

Policy effect

Permitted dependent children aged 17–24 holding visitor visas who are included in a pending family residence or skilled residence application to access part-time work rights (up to 20 hours/week during term; 40 hours/week during holidays) via a Variation of Conditions.

Conditions and exceptions

Validated condition or limit: Permitted dependent children aged 17–24 holding visitor visas who are included in a pending family residence or skilled residence application to access part-time work rights (up to 20 hours/week during term

Official source excerpt

Quoted verbatim from the official source below. Ellipses indicate omitted text.

VISA PAK ISSUE 599 — 30 SEPTEMBER 2024 CHANGES ENABLING SOME DEPENDENT CHILDREN TO WORK WHILE WAITING FOR A DECISION ON THEIR FAMILY RESIDENCE APPLICATION This Visa Pak provides guidance about changes that enable some dependent children to undertake limited work while they are waiting for a decision on a residence application. It includes information about how visa holders can apply for these work rights and how financial dependency should be assessed for further visa applications. Immigration instructions Changes to Immigration Instructions, which take effect on 1 October 2024, will enable dependent children who are awaiting the outcome of a residence application to obtain limited work rights on visitor visas. These are part-time work rights that will enable the visa holder to work up to 40 hours per week between 1 December and 31 January (inclusive) and up to 20 hours per week at other times. To be eligible, these children must: • Be between 17 and 24 years old (inclusive, and if they are 17, provide evidence that they have completed high school), and • Have applied for a Dependent Child Resident Visa or are included as a secondary applicant (dependent child) in one of the following residence categories: o Skilled Migrant Category o Green List Straight to Residence or Work to Residence o Care Workforce or Transport Sector Work to Residence o Partnership Resident Visa • Hold or be applying for a: o Dependent Child Visitor Visa (as the child of a work visa holder or New Zealand citizen/resident); or o General Visitor Visa (provided at one point they have previously held a dependent child visitor or student visa as the dependent child of a New Zealand citizen or resident; or the principal applicant of their residence application) Those who meet the above requirements and … already hold a visitor visa may apply for a variation of conditions to have their eligibility for work rights assessed. The requirements will be specified in immigration instructions E3.26.5(d), V3.10.20 and V3.20.5. Assessing evidence of high school completion from overseas education providers If a 17-year-old applicant completed their secondary school education outside of New Zealand and has provided evidence of this, the assessing officer can check the relevant country information page and/or the Document Authentication Toolkit (DAT) to confirm the validity of this evidence. These country …

Review method

Two separate automated exact-claim source reviews

Other New Zealand changes operative in 2024

• 2024-04-01Immigration Employment Infringement Scheme
• 2024-04-07Changes to the Accredited Employer Work Visa (AEWV) for employers and visa applicants
• 2024-06-10Expansion of Open Work Rights for Partners of Students in Green List Programmes
• 2024-06-16Disestablishment of AEWV Franchisee Category
• 2024-09-04Fijian citizens granted a New Zealand transit-visa waiver
• 2024-10-01International Visitor Conservation and Tourism Levy (IVL) Increase
• 2024-10-01Maximum Duration Extension for Visas Granted to Partners of New Zealanders
• 2024-10-24Vietnam Working Holiday Scheme Quota Increase
• 2024-10-31Removal of the Second Migrant Exploitation Protection Work Visa (MEPV) and Refinement of Exploitation Scope
• 2024-11-19Post Study Work Visa Instructions Amendment (Consecutive Enrolments & Eligible Qualifications Expansion)