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The need to apply for a student visa

Requirement that overseas students must obtain a student visa to study in New Zealand, unless otherwise permitted by immigration instructions.

Status
active
Updated
2026-04-30
Also known as
student visa requirement
Sources
U2U2.1U2.5U3.35U4.1U4.5U4.10U4.15U4.20U6.1

At a glance

A person must obtain a student visa to undertake study or training in New Zealand, unless they fall into one of the exempt categories specified in U2.1. [U2] [U2.1] These categories include:

  • New Zealand citizens
  • holders of a residence class visa
  • holders of a student visa
  • holders of a limited visa granted for the express purpose of attending a programme of study or training
  • holders of any other type of temporary entry class visa whose conditions have been varied to authorise the holder to undertake a programme of study in New Zealand
  • persons covered by the provisions of U2.5 (when a student visa is not required) [U2.1]

The U2.1 exemption for persons covered by U2.5 means that a student visa is not required in the following specific situations: [U2.1] [U2.5]

  • work visa holders undertake a programme of study, or other training, authorised by their employer as part of their employment;
  • temporary visa holders undertake one or more programmes of study of not more than three calendar months' duration in total per 12-month period;
  • where V2.35 (short-term study in schools) or WI2.1.1(f) (working holiday scheme) applies.

Definition

Section U2 of the Operational Manual establishes the fundamental requirement that any person who is not a New Zealand citizen or resident and intends to study in New Zealand must apply for a student visa. [U2] Section U2.1 specifies the exact persons requiring a student visa and lists those who are exempt from this requirement. This requirement is the entry point for all student instructions (section U), which detail the criteria, conditions, and application process. [U2] Section U2.5 supplements U2.1 by clarifying the circumstances in which a student visa is not required, detailing specific exemptions that are incorporated by reference in U2.1. [U2.5]

Categories of foreign student

Student instructions distinguish two categories of foreign student, with domestic students falling outside the foreign student definition altogether.

  • Foreign student: Any person who is not a New Zealand citizen or the holder of a residence class visa, and who intends to study in New Zealand for a programme of study or training, is a foreign student. [U4.1]
  • Foreign fee-paying student: A foreign fee-paying student is a foreign student who is not exempt from foreign tuition fees. This category includes most international students; foreign students with fee exemptions (for example, certain scholarship holders or domestic-equivalent students) remain "foreign students" but not "foreign fee-paying students". [U4.5]

Fee-paying foreign students must meet the full costs of their programme of study, whether by themselves or with the help of family members, friends, home governments, or others (such as the United Nations). This category includes students studying at private training establishments, such as those offering English language courses. [U4.10]

Exchange students

Students studying under reciprocal exchange schemes approved by the Minister of Education are considered domestic students for the purposes of attending primary and secondary schools and are exempt from paying foreign tuition fees [U4.15]. Two types of New Zealand student exchange schemes exist under which international students may be enrolled in New Zealand schools without paying international fees: school-to-school student exchange schemes run by a school that is a signatory to the Education (Pastoral Care of Tertiary and International Learners) Code of Practice 2021, and student exchange schemes run by approved exchange programme organisations [U4.15].

Fully supported students

Within the category of foreign students, U4.1 identifies two groups of fully supported students:

  • New Zealand scholarship students: Students for which the Ministry of Foreign Affairs and Trade is responsible for support during their studies in New Zealand (see U11). [U4.1]
  • Foreign government-supported students: Students for which a foreign government undertakes to support for the duration of their studies in New Zealand (see U12). [U4.1]

Domestic student definition

For the purposes of student instructions, a 'domestic student' means a domestic student as defined in section 10(1) of the Education and Training Act 2020. The Ministry of Education maintains the complete list of who is considered domestic for fee payment and enrolment. [U3.35]

Primary and secondary domestic students who do not require a student visa

The following domestic students can attend primary and secondary schools without a student visa, interim visa with study conditions, or limited visa: [U3.35]

  • New Zealand citizens, including students from Tokelau, the Cook Islands and Niue;
  • New Zealand residents or permanent residents;
  • Holders of a letter from the Protocol Division of MFAT confirming diplomatic or consular immunity for the school year;
  • Members of armed forces and authorised civilians present with New Zealand Government consent.

Primary and secondary domestic students who require a student visa

The following groups are considered domestic students for primary and secondary schooling but must hold a student visa, interim visa with study conditions, or limited visa. They are exempt from paying foreign tuition fees: [U3.35]

  • Dependent children of government-approved exchange students in New Zealand;
  • Dependent children of New Zealand citizens or residence class visa holders whose own residence application is under consideration;
  • Dependent children of New Zealand citizens whose own citizenship application is under consideration;
  • Dependent children of onshore work visa holders (excluding those excluded under U8.20);
  • Students who (or whose parent) have claimed refugee or protected person status under Part 5 of the Immigration Act 2009;
  • Dependent children of PhD students enrolled at a New Zealand university;
  • Dependent children of a person who last ceased to hold a special temporary visa (see H2) in the current calendar year;
  • Students who have entered New Zealand for adoption (with supporting documentation from Oranga Tamariki or an adoption order);
  • Persons in the custody of the Chief Executive of Oranga Tamariki under certain court orders;
  • Dependent children of New Zealand MFAT scholarship holders;
  • Dependent children of visitor visa holders under V3.115 (dismissal during trial period);
  • Dependent children of military visa holders;
  • Children granted a student visa under U10.5 (victims of people trafficking);
  • Students under an exchange scheme approved by the Ministry of Education (see E11.45).

Tertiary domestic students who do not require a student visa

The following domestic students may attend a tertiary education provider without a student visa, interim visa with study conditions, or limited visa: [U3.35]

  • New Zealand citizens, including from Tokelau, Cook Islands, Niue;
  • New Zealand residents and permanent residents;
  • Diplomatic/consular immunity holders (with MFAT letter for the academic year), except that dependent children aged 21+ of diplomatic staff may not be eligible and may need to pay foreign fees (see H2.1(b));
  • Persons who have claimed refugee/protected person status and hold a temporary entry class visa;
  • Recognised refugees or protected persons whose residence application is being processed;
  • Persons enrolled at a tertiary provider for industry training funded under the Industry Training Act 1992.

Tertiary domestic students who require a student visa

The following are domestic students for tertiary study but require a student visa, interim visa with study conditions, or limited visa and are exempt from foreign tuition fees: [U3.35]

  • Students enrolled in any PhD programme at a New Zealand university;
  • Persons in New Zealand under a government-approved tertiary exchange programme.

Application in decisions

Immigration officers must verify that a foreign national seeking to study either holds an appropriate visa or falls within one of the exemptions listed in U2.1. [U2] [U2.1] If a student visa is required, the application is assessed against the U instructions. [U2] Failure to hold the required visa may result in refusal of entry or a visa application.

When relying on the U2.1 exemption for persons covered by U2.5, officers must confirm that the proposed study falls within one of the U2.5 categories. This includes verifying that the total duration of study does not exceed three calendar months in any 12-month period for the short-term study exemption, and that work visa holders are studying as part of their employment. [U2.5]

Interpretation & edge cases

  • The exemption categories in U2.1 are exhaustive; any person not covered by them must obtain a student visa. [U2.1]
  • The holder of a limited visa granted specifically for study is exempt even if they do not also hold a student visa. [U2.1]
  • A temporary visa holder whose visa conditions have been varied to permit study is treated as if they hold a student visa for the purposes of that study. [U2.1]
  • Under U2.5(1), work visa holders can study any programme authorised by their employer as part of employment without needing a student visa. No separate variation of conditions is necessary. [U2.5]
  • The three‑month study exemption (U2.5(2)) is calculated on a rolling 12‑month period. Multiple short courses can be taken as long as the total duration does not exceed three calendar months within any 12‑month window. [U2.5]
  • The exemption under U2.5(3) covers short‑term study in schools where V2.35 applies, and working holiday scheme applicants where WI2.1.1(f) authorises study. These are distinct from the general short‑term study exemption. [U2.5]
  • If a student visa is otherwise required, a person cannot rely on U2.5 unless they strictly meet the conditions stated. [U2.5]
  • Vocational trainees who do not fall within the categories listed in U4.20 (Air New Zealand trainees, nautical students, and New Zealand Short Term Training Scholarship trainees) are not eligible for a student visa as vocational trainees; they must instead apply for a work visa under the relevant work instructions. [U4.20]
  • Nationals of countries to whom a visitor visa waiver applies (see E2.1) may enter New Zealand as visitors and apply for a student visa after their arrival. [U6.1]

Citations