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

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.