Category: Foreign Students And Visitors

Foreign-born Children of NZ Citizens/Residents - an anomaly

5/28/2016

Without domestic student status there are some things they cannot access....

In reviewing government documents to write a post about home education in NZ for foreign-born children, I noticed an anomaly which affects foreign born children of NZ citizens and residents. I have spoken to the Ministry of Education and confirmed that this is indeed as I interpreted it, but few people are aware. So, if you are bringing your foreign-born, non-NZ-citizen child to New Zealand, it is important to understand this.

First, read my other post HERE to understand the information about "domestic student status."

Assuming you have read that other post, you will now realize that in order for a child to have access to free education in NZ (or be able to/need to get a home education exemption), that they need to have domestic student status. Children born in NZ or who are NZ or Australian citizens living here have domestic student status, as do foreign-born children who fit one of the definitions in the Gazette.

HOWEVER: Children born overseas who's parents are NZ Citizens or Residents, where the child has come here on a Visa (eg visitor or student visa) and none of the other definitions apply, then they do NOT have domestic student status.

They are not required to attend school by law, nor can they for free, but only as fee-paying international students.
They cannot (do not need to) gain a home education exemption and thus can not get the Supervision Allowance
They cannot access free enrolment in Te Kura (the Correspondence School) otherwise available to students over 16 for high school qualifications.

But they are still entitled to health care...

People aged 17 years or younger are eligible for publicly funded health services if they are in the care and control of a parent, or legal guardian, or person in the process of legally adopting them or becoming their legal guardian, who is eligible for such health care (as all NZ citizens and residents would be). For more info see HERE.

This means that a foreign-born child of a NZ citizen/resident who does not have domestic student status is still entitled to:

Free primary health care for under 13's
Vision and hearing checks
Free dental care under 18
Publicly funded health and disability services such as a hospital, primary health care doctor etc

Some might consider this good news......

Some families who find their children do not have domestic student status might consider this to be good news, because it means they can carry on home educating without having to engage with NZ bureaucracy and get an exemption. My contact at the Ministry tells me that some families she has spoken to are reluctant to get domestic status for just this reason.

To be clear....

If the parent is a NZ citizen or has NZ residency, the child was born overseas and is here on a Student visa, then the child does not have domestic student status. However, if the other parent is here, for example, on a work or study visa, then the child would still have domestic student status through that parent. Crazy, I know - but essentially it means children here solely because their parents are citizens/residents of NZ have less recognition than children who's parents are foreign nationals here to work or study.
If a parent is a NZ citizen other then by descent, their foreign-born child is entitled to citizenship-by-descent (and a NZ passport), and as the application fees for citizenship are less than the fees for a student visa, then those parents might choose to apply for citizenship for the child rather than a visa. With citizenship, they would have domestic student status.
If the parent is a citizen-by-descent themselves, their foreign-born child is not entitled to citizenship, and so would come here on a visa, and thus not have domestic student status. They might choose to delay a residency application for their child (due to the high cost) and so until they submit one, the child continues not to have domestic student status (assuming they don't have it through the second parent as above).
If a family choose to put an application for citizenship or residency in for the child who is here on a student visa, then as soon as that application is submitted and is being considered by Immigration NZ, the child has domestic student status and is subject to enrollment or exemption requirements.

How schools can work around this.....

Where a child does not (yet) have domestic student status, a local school might still agree to enroll them under a principal's discretionary 28 day waiver, and the Ministry of Education would continue to extend it until the child obtains domestic student status. This is usually used where the child is intended to live her permanently but for some reason there are delays in obtaining or proving their domestic student status.

This does not apply to home education - if your child does not have domestic student status, you can carry on home educating them; there is no paperwork to complete.

Options to consider if you want your child to have domestic student status

First, check all the definitions in the Gazette notice and find out if your child would already have domestic student status due to circumstances such as the other parent's visa or other situations covered in the gazette notice.
Consider whether your child is eligible for citizenship-by-descent, and if so, consider applying for that
Make an application for residency for your child

But if you're not concerned about domestic student status and wish to home educate....

Then just carry on! Do be aware, though, of the details of what might change your child's status, and therefore legal requirements, and be aware that this whole anomaly situation could change at some point in the future if the Ministry of Education decides to do something about this strange anomaly. If that happens, I will post an update on this page, so bookmark it and check back now and then.

1 Comment

Home Educating in New Zealand for Foreign Nationals

5/28/2016

6 Comments

People who are moving to NZ, or who are only here temporarily, are often confused about the requirements and rules regarding school attendance and/or homeschooling for their children. This post is an attempt to provide an overview, and also provide guidance regarding some common questions/issues that arise.

There are two key things to understand, and a very important phrase to interpret correctly in regards to your child:
1) The law requires that every person in New Zealand who is not an international student must be enrolled in and attending a registered school (primary or secondary) from their 6th birthday until their 16th birthday.
2) If a family who's child is otherwise required to attend school wishes to home educate, then they must apply for an exemption from the attendance requirement (aka a "home education exemption"). How to do that is fully explained in my guide HERE or you can see more information on the Ministry of Education's website HERE.

The phrase "not an international student" is important to understand....

People who are international students do not have to attend school here, though they can under some circumstances, but will usually have to pay (high) fees. People who are not international students are known as "domestic students."
Those with domestic student status are entitled to a "free" education through our public schools, and subject to the enrollment requirements outlined above.
People who are NZ citizens (including those from the Cook Islands, Niue and Tokelau) or residents have "domestic student status" automatically, as do Australian citizens living in New Zealand (due to agreements with those countries currently in force).
Other people in New Zealand may be "required to be treated as if they are not international students" depending in the visa they hold and their situation in New Zealand. In other words, if they fit one of the categories, then they are treated as domestic students and are subject to the requirements to enroll in and attend school, or gain a home education exemption, if between 6 and 16 years of age.
A full list of the definitions and categories of those who are to be treated as domestic students can be found in the NZ Gazette HERE.

So, if you are a foreign national, or your child is, living in New Zealand, and you wish to home educate your child, then the first thing you need to do is go to the Gazette link above, and read through each category to see if your child has domestic student status, and therefore whether or not they will need an exemption in order to be home educated. If they do not have domestic student status, then you can go ahead and home educate without having to apply to the government for an exemption.

It is a long list. For quick reference, here is a paraphrased summary of the general scenarios where the child would have domestic student status and therefore need an exemption (be sure to check exact details in the Gazette):

A child who has a student visa, and who is the dependent of a person who is a NZ citizen or resident and who's own application for residency or citizenship is currently being considered by Immigration NZ.
A child who has a student visa, and who's parent/guardian has a current work visa for NZ
A child with a student visa who has entered NZ for the purposes of adoption
A child with a student visa who's parent/guardian is here on a military visa, as a recognized refugee or someone who has made a claim to be recognized as a refugee, or who is here to study under certain schemes.
A child in the custody of the Ministry of Social Development (our version of Child Services) under certain orders
A child with a student or visitor's visa here on an approved exchange program
A child who has been confirmed as the victim of trafficking, and who has an unexpired temporary visa
A child who is protected by diplomatic immunity
A child who is unlawfully in NZ but holds unexpired approval from the Ministry of Education confirming they meet certain criteria

Note that some of these criteria are are open-ended, and some are time limited, and it is important to know which applies to your situation so you can take appropriate action when needed (more on this below).

An anomaly in the policy.....

In reviewing the Gazette domestic student status article to write this post, I noticed an anomaly that affects the foreign-born children of NZ citizens or residents. This is an important issue, so I will write a separate post about it HERE. If you are a NZ citizen or resident, make sure you read it, as well as the rest of this post.

Proving domestic student status when applying for an exemption

When an application for a home education is submitted, proof of domestic student status must be provided - for NZ-born students, a photocopy of the birth certificate is used. For most other domestic students, it will be a photocopy of their passport and relevant visas, and in some cases there will be other paperwork involved. Information on proof required can be found on the Ministry of Education's website HERE.

If appropriate evidence is not submitted with the exemption application, Ministry staff will not begin processing the application until it is provided.

Understanding the national student database aka "ENROL" and time-limited statuses

When any student is enrolled in a NZ school or gains a home education exemption, they are entered onto the national student database, which is called ENROL. Once on the database, a student will remain on it, but will be moved from one section to another depending on their current status. For example, when enrolled in a specific school, they are on the database under that school. When they get a home education exemption, they are moved from that school to the home education section. If they travel overseas for an extended time (and the Ministry is informed), they are moved to the overseas section for that time, and so on. The database is used to keep track of all students in NZ, and is the basis upon which funding is allocated and so on.

If you apply for a home education exemption on the basis of domestic student status under a category that is time limited, then the expiry date will be loaded into the database, and when that date approaches, you can expect to be contacted by your local MoE office asking you to provide proof of updated/ongoing status (eg new visa).

A time-limited domestic student status is one that has a specific expiry date, as listed in the Gazette definitions - for example a student who has a student visa and is the dependent of a person with a work visa remains a domestic student until the end of the year in which the work visa expires.

Know your rights and obligations

It is very important that all home educating parents know both their rights and obligations under law, and do their part in meeting their obligations, while also being aware of their rights so that if Ministry staff take erroneous steps, they know what can be done to get them corrected. In relation to the subject of this post, be aware of the following:

If your child's domestic student status is time-limited, then you need to make sure you provide the Ministry of Education with updated information in a timely manner, or your child's exemption could be "ceased" which may require a new exemption application in order to continue home educating.
Be aware that the time limit under law may be different than that the Ministry try to enact - in this case, know your rights. Here's a real-life example that happened recently:

A child who held a student visa and who's father held a work visa was granted an exemption 3 years ago. The expiry date for the visas (Jan 2016) was entered into the ENROL database.
In late Dec '15, regional MoE staff contacted the family asking for updated visa information before the expiry dates, otherwise the exemption could be "ceased"
Due to Christmas shut downs and changes in visa requirements, though the family acted immediately, they weren't able to get new visas until March.
Meanwhile, the MoE had cancelled the exemption, and when they were provided with new visa info and asked to reinstate it, staff told the family a new exemption application would be needed.
The family got in touch with me, and I pointed out to senior Ministry of Education staff that under the gazetted policy, such a student's domestic student status remains in force until the end of the year in which the parent's work visa expires (Dec 16) and therefore the exemption should never have been ceased. They agreed and directed regional staff to reinstate the exemption.

The important things here are: know exactly what the definition of domestic student status your child falls under says; when updates will be needed, act promptly; and if you strike issues you cannot resolve on your own, ask for support.

If you should take your child overseas after an exemption has been granted, DO inform your regional Ministry office of when you will be travelling, and DO make sure they have an address to send the next 6-monthly declaration form to, but DO NOT cancel or return your exemption certificate, as under current law, once granted the exemption remains in effect until the child turns 16, or is enrolled in a registered school (other than for a trial of less than 10 weeks - see HERE), or the exemption is revoked/ceased by your request or by the MoE (only under certain circumstances). Going overseas, even for years, does not cancel the exemption, and if you return to NZ in the future, you can simply call and have them reactivate your child on the ENROL database with no need for a new exemption application. More info HERE
Once your child's exemption is approved, you are required (as are all home educating parents) to complete and return a 6 monthly declaration that you have been and will continue to home educate your child, so DO make sure you keep the MoE informed if you change addresses. If you do not send in the declaration, and do not respond to the reminder they then send, they will cease your exemption. If you choose to, you are also entitled to receive the government paid Supervisory Allowance. See HERE.

If you have further questions, leave a comment below, or visit NCHENZ, contact your regional MoE office, or use the Contact page to email me.