Restrictions on residence class visas for New Zealand scholarship students and dependants

At a glance

New Zealand scholarship students (administered by MFAT and Education New Zealand), their partners, and dependent children are not eligible for a residence class visa while the student holds the scholarship and for two years after it ends, unless MFAT or Education New Zealand provides written approval. [R5.105] INZ must notify MFAT if any such person applies for a residence class visa. [R5.105] A partner’s work visa expires with the scholarship and cannot be renewed without MFAT approval. [R5.105]

Definition

• New Zealand scholarship student means a student holding a New Zealand scholarship administered by the Ministry of Foreign Affairs and Trade (MFAT) or Education New Zealand. [R5.105]
• Partner includes spouse, civil union partner, or de facto partner. [R5.105]
• Dependent children are covered, whether their parent is the scholarship student or the student’s partner. [R5.105]
• The restriction applies for the entire duration the student receives the scholarship plus a two-year stand-down period following cessation of the scholarship. [R5.105]

Application in decisions

• When a residence class visa application is received from a current or former scholarship student (or their partner/children), INZ must assess whether the applicant falls within the restricted period. [R5.105]
• If the applicant is within the restriction period, INZ must refuse the application unless written approval from MFAT or Education New Zealand is provided. [R5.105]
• INZ is required to notify MFAT of every residence class visa application made by a scholarship student, their partner, or dependent children at any time during the scholarship or the two-year post-scholarship period. [R5.105]
• A partner’s work visa granted under immigration instructions at WF4.5 expires on the date the scholarship ends. That work visa cannot be renewed unless the holder obtains written MFAT approval for renewal (as set out in WF4.5). [R5.105]

Interpretation & edge cases

• Waiver: The restriction is not absolute; MFAT or Education New Zealand may waive it by giving written approval. The process for obtaining that approval is not specified in R5.105, but the authority lies with MFAT or Education New Zealand. [R5.105]
• “Cessation” means the end of the student’s scholarship, however that occurs (completion, withdrawal, termination). The two-year period runs from that date. [R5.105]
• The restriction covers all residence class visas—including those under the Skilled Migrant Category, partnership residence, or any other residence pathway. [R5.105]
• The notification obligation on INZ is separate from the decision to refuse; it applies even if the application is later withdrawn or determined ineligible for other reasons. [R5.105]
• The partner work visa rule (WF4.5) is tightly linked: the visa expires with the scholarship and cannot be renewed without MFAT approval, reinforcing the policy that dependants should not remain in New Zealand long term without sanction. [R5.105]
• This instruction came into effect on 16 December 2025. [R5.105]
• The current provision was previously located at RA6.1; that instruction was moved to R5.105 effective 17 November 2014. [RA6.1]

Citations

• R5.105 — Restrictions on the grant of residence class visas for NZ Aid Programme students and their dependants
• RA6.1 — Restrictions on the grant of residence class visas for New Zealand Aid Programme (NZAP) students and their dependants (historical)