Immigration New Zealand Takes Action On Students Breaching Visa Conditions

April 3, 2017

Several news report items as well as a communique of Independent Tertiary Education New Zealand (ITENZ) conveys that INZ has prioritised for deportation Indian nationals that are:

• Unlawfully in New Zealand or
• In breach of their visa conditions and
• Outside of the appeal period to the Immigration and Protection Tribunal.
• Due to the investigative work undertaken by its Risk Management Team, INZ has become increasingly aware of issues in the India market and is working with its partner agencies to tackle the problem.

INZ has already uncovered fraudulent behaviour involving the submission of forged or altered education loan documentation with student visa applications from India. It has identified approximately 160 approved student visas, of which 17 were cancelled before they entered New Zealand. The remaining students are in New Zealand and compliance action is being taken against those individuals.

We at Immigration Advisers New Zealand Ltd (IANZ) recognise that international students are vulnerable to exploitation and are focused on ensuring that students do not put themselves in a vulnerable situation.

A significant amount of enforcement activity is now underway in New Zealand involving Indian nationals. There are a number of ongoing investigations being carried out dealing with allegations of exploitation, provision of false information, aiding and abetting of unlawful work/overstaying and allegations of relationship fraud concerning Indian nationals and some education providers.

Please be advised that subject to any special direction to the contrary, every student visa, limited visa and interim visa granted for the purpose of study is subject to the following conditions:

• The holder must attend the programme of study at all times as required, at the place of study endorsed on the visa, unless there are genuine reasons for absences; and
• The holder must make satisfactory progress in the programme of study, which is primarily determined by the education provider offering the programme of study, and assessed against its academic progress policies; and
• The holder must pay all or any fees that may be fixed from time to time and that are payable by the holder in respect of the programme of study undertaken or to be undertaken.
• At all times during the currency of the visa to be in New Zealand, the holder must have the means to maintain himself or herself in New Zealand.
• At all times during the currency of the visa to be in New Zealand, the holder must have the means to travel to a country to which the holder has a right of entry.