뉴질랜드 유학 - 법정 가디언(가디언비자)의 학업, 취업 조항

 

  (뉴질랜드 타우랑가에서 조기유학 중 각종 단체에서 왕성하게 활동하고 있는 학생들과 부모님들 - '한국 문화의 밤' 행사중)

 

 * 특수 비지터 비자  중의 하나인 가디언비자는 과연 일할 수 있나요? 

* 가디언비자 소지자들은  어학원에 등록해서 영어 공부할 수 있나요?

 

<답변> 뉴질랜드에서 11세 이하 학생들을 동반해야 되는 부모님(법정 가디언)은 오전 9시30분부터 오후 2시30분까지만 일하거나, 공부하고 원칙대로 자녀들을 보살펴야 되는 의미가 담겨 있습니다.

 

가디언비자 소지자들은 주당(월~금) 25시간까지 근로 또는 3개월 이하의 파트타임 과정에서 공부하실 수 있도록 하고 있습니다.  주당 25시간을 근무하고자 할 경우, 또는 3개월 이상 학업을 연장하고 싶을 경우엔 반드시 뉴질랜드 이민성에 "가디언비자 조건 전환(Variation of Conditions)"을  신청, 허가를 받아야 됩니다.

 

 22 May 2006 (뉴질랜드 이민법 중 개정 조항)

  

IMMIGRATION NEW ZEALAND INSTRUCTIONS: Amendment Circular No. 2006/08

 To:    All Manual Holders

 AMENDMENTS TO THE IMMIGRATION NEW ZEALAND (INZ) OPERATIONAL MANUAL

 

Introduction

This circular outlines changes to Government immigration policy in the INZ Operational Manual. The amendments outlined below are effective on and after 22 May 2006.

 

Changes

Amendments to temporary entry policy have been made to restrict holders of guardian permits from being granted student permits, or work permits under General work and Specific Purpose or Event policy.

 

Amendments have also been made to the Special Categories of Visitors - Guardians accompanying students to New Zealand policy.  Provisions have been added to make explicit that holders of visitor permits issued under the special category for guardians are not eligible for work or student permits under the aforementioned categories, however they may apply for a variation of conditions to their visitor permit for part time work between 9:30am and 2:30 pm or part time study.

 

 (가디언비자는 워크퍼미트와 학생퍼미트로 전환이 되지 않는다. 하지만 오전9시30분부터 오후 2시30분까지 파트타임 일을 하거나 파트타임 공부를 할 수 있도록  비지터 퍼미트의 요건 변화를 신청할 수 있다.)

Background

The Special Categories of Visitors - Guardians accompanying students to New Zealand policy was introduced in 2003 to allow parents or legal guardians of foreign fee-paying students aged 17 years of under, or enrolled in school years 1 to 13, to accompany and remain with the student for the purpose of providing care and support. This category was introduced following a Ministry of Education review on options for improving the pastoral care of very young international students.

 

As of July 2004 it has been a Ministry of Education requirement that students aged 10 and under live with a parent or legal guardian, and that education providers seek prior approval to enrol any students aged 11-13 years without an accompanying legal parent or guardian (refer Amendment Circular, 2003/09).

 

 *10세 이하 어린이는부모님 또는 법정 가디언과 함께 동반.체류해야 되며,

 만11세-13세 학생들 경우 반드시 부모나, 법정가디언의 동반하지 않아도 학교에 입학할 수 있다

 

Note

New and amended policy is attached to this Amendment Circular.  The INZ Operational Manual will be updated in due course. Holders of the printed version of the INZ Operational Manual will receive the table of instructions for removal and replacement of the relevant pages of the INZ Operational Manual from Southern Colour Print in due course.

 Any enquiries about this policy should be directed to the National Contact Centre on 0508 558 855.

 

뉴질랜드 이민성 대표 전화 0508 558 855
 

APPENDIX 1                

V3.100 Guardians accompanying students to New Zealand 

a.       A person may be issued a visitor's visa and granted a visitor's permit under this policy for the purpose of living with and caring for, a foreign fee paying student in New Zealand, if they are the legal guardian* of a person who:

i         is the holder of a current student visa or student permit and aged 17 years of age or younger; or

ii        is the holder of a current student visa or student permit and is enrolled in school years 1-13.

 

b.       Only one legal guardian* of the holder of a student visa or permit will be issued a visa or granted a permit under this policy at any one time.(오직 부모 중 1명에게만 법정 가디언 비자가 발급된다)

 

c.       To be issued a visa or granted a permit under this policy applicants must meet the requirements for bona fide applicants* as set out at E5.

 

d.       If a student visa or permit is issued or granted to more than one person in a particular family, only one legal guardian* of those holders of student visas or permits will be issued a visa or granted a permit under this policy at any one time during the validity of those student visas and permits.

 

V3.100.1 Revocation of permits

     (가디언비자의 무효화) - 반드시 함께 살면서 학생 자녀를 보살펴야

 a.       A permit granted under this policy will be revoked if the student permit of the student whom the applicant accompanied to New Zealand is revoked.

 

b.       All permits granted under this policy are subject to the condition that the holder live in New Zealand with the student they are accompanying.  If this condition is breached, the permit may be revoked.

 

Note: If the presence of a student’s legal guardian* in New Zealand (and that legal guardian’s support for the student) is material to the decision of a New Zealand education provider to enrol that student, any failure of the legal guardian* to live with and care for that student (either through withdrawal of their support or absence from New Zealand) may result in the revocation of the student’s permit (see U7.15 (b)).

 

V3.100.5 Definition of ‘legal guardian'   (법정 가디언의 정의)

 

For the purposes of this policy, a ‘legal guardian’ is

a.       the person with the legal right and responsibility to provide for the care (including education and health) of an international student.   This includes the student's biological or adoptive parents, testamentary guardian, or court-appointed guardian; and

b.       the person who usually provides for the care of the student in the student's home country.

  

V3.100.10 Length of permitted stay  (가디언비자는 자녀들의 학생 비자 유효기간과 같이 12개월을 기준으로 발급이 되며 이후 추가 연장 가능하다)

Successful applicants under this policy will be issued multiple entry visitor’s visas and/or granted visitors permits:

i           allowing a stay in New Zealand of 12 months, or

ii        if the student they are accompanying is attending a course of study of less than 12 months, for a stay in New Zealand of a period consistent with the student’s permit.

 

V3.100.15 Issue and grant of further visitor’s visas and permits

 

a. Despite V2.5 (b), where the student that the applicant is accompanying has been issued a student visa or permit allowing a stay in New Zealand of more than 12 months, further 12 month visitor permits may be granted to the applicant upon application and payment of the fee.

 

b.       In determining whether further visas and/or permits may be issued or granted, visa and immigration officers must take into consideration whether, during the currency of a previous permit granted under this policy, the guardian* lived with and cared for the student on the basis of whose stay in New Zealand they were issued with a permit under this policy.

 

V3.100.20 Funds for maintenance in New Zealand 

 (뉴질랜드 생활비는 한달에 최소 $1000의 은행잔고로 증명해야 된다)

Applicants for a visitor's visa or permit under this policy must have funds of at least NZ$1000 per month for maintenance and accommodation, or NZ$400 per month if their accommodation has been prepaid.

 

V3.100.25 Evidence of onward travel arrangements

Applicants must provide evidence of travel tickets, onward travel arrangements or sufficient funds for the purchase of onward travel tickets (see V2.25).

 

V3.100.30 Health and character requirements

(24개월 이상을 체류하고자 할 경우 메디칼 & 흉부 엑스레이 검사결과 및 경찰 신원조회서도 제출해야 된다)

Applicants who intend to stay in New Zealand for a total of more than 24 months must undergo a medical and x-ray examination and provide police certificates (see E6.1 and E6.5).

 

V3.100.35 Guardians who wish to work or study once in New Zealand

a. Guardian permit holders are not eligible for:

i.        the grant of a work permit under General work policy or Specific Purpose or Event policy

 (가디언비자 소지자는 워크퍼미트로 전환이 안된다); or

ii.       the grant of a student permit under Student policy (학생퍼미트로도 전환이 안된다).

 

b. Guardian permit holders who wish to work or study may apply for a variation of conditions to their visitor permit to allow for part time work between the hours of 9:30am and 2:30pm, or part time study.

 

(가디언비자 소지자가 오전9시30분부터 오후 2시30분까지 취업을 하고 싶거나, 파트타임 공부를 하고 싶을 경우 이민성에 조건전환신청을 통해  허가를 받을 수 있다.)

 

c. Applications for variations of conditions by guardians must meet general work policy requirements (with the exception of the labour market test requirement) or student policy requirements. 

 

U3.1 Summary

a.       Unless otherwise specified, to be issued with a student visa or granted a student permit to attend a course of more than three months, applicants must:

i         have an offer of a place in an approved course with an education provider in New Zealand that meets policy requirements (see U5.1 and U3.5), and

ii         be exempted from or have paid course fees, and

iii         have a guarantee of accommodation (see U3.15), and

iv        meet the conditions set out in U2.10, and

v        not be the holder of a current visitor permit granted under V3.100 Guardians accompanying students to New Zealand policy (see V3.100.35).   

 

    가디언비자 소지자는 3개월 이상 코스의 공부를 할 수 없도록 한다. 즉 가디언비자 소지자는 학생비자로 전환이 안된다!  다만 가디언비자의 조건전환을 통해 3개월 이상의 학업을 연장할 수 있도록 하고 있다.

 

b.       All applicants must meet the requirements under Generic Temporary Entry policy for:

i         lodging an application for a temporary entry visa or permit as set out at E4, and

ii         bona fide applicants* as set out at E5, and

iii         health and character as set out at E6.

 

c. Educational institutions may provide evidence that applicants have met the requirements in the template 'Offer of a place to a foreign student' (see U3.5), which may be amended to meet the needs of the issuing institution.

 

U6.20 Variations to work permits and visitors' permits to allow study

a.       Holders of work or visitors' permits must apply for a variation of conditions to their current permit if:

i          they wish to undertake a course of study longer than 3 months; and

ii         it is inappropriate for some other reason to apply for a student permit.

 

b. Immigration officers with Schedule 3 delegations and above may grant a variation of conditions current for the length of the course, provided that they sight evidence that the applicant has:

i          an offer of a place at an educational institution, and

ii         paid the course fees or is exempt from having to pay them.

 

c.      Holders of visitor permits issued under the special category V3.100 Guardians accompanying students to New Zealand may only be granted a variation of conditions for part time study.  

         (가디언비자 소지자는 파트 타임 공부만 할 수 있도록 한다)

  

WG1 General work policy

 

See WG1 Effective 29/04/2004

 

a. General work policy contributes to the overall work policy objective (see W1) by allowing New Zealand employers to recruit temporary workers from overseas to meet particular or seasonal worker shortages that cannot be met from within New Zealand while protecting employment opportunities, for New Zealand citizens and residents.

 

b.       To be issued with a work visa or granted a work permit under general work policy applicants must:

i         provide an offer of employment in an occupation that is included on the current Immediate Skill Shortage List (ISSL) (see WG2) issued by the NZIS; or

ii        provide an offer of employment from a New Zealand employer who has a current approval in principle from the NZIS (see WG3) for the recruitment of the applicant(s); or

iii        provide an offer of employment and a supporting case from a New Zealand employer (see WG4) establishing that there are no New Zealand citizens or residents suitably qualified by training and experience who are available (see WG1.1); or

iv       meet the requirements specified for one of the other categories listed in WG5 and WG6; and

v        not be the holder of a current visitor permit granted under V3.100 Guardians accompanying students to New Zealand policy (see V3.100.35). 

 

        (가디언비자 소지자는 워크 퍼미트를 신청할 수 없다)

 

c. Employers must meet the requirements in W2.10.5 relating to compliance with employment and immigration law in force in New Zealand and offers of employment must contain the information in W2.10.10.

 

d.       Where required by general work policy the availability of New Zealand citizens or residents will be determined by carrying out a labour market test (see WG3.10).

  

WS1.5 Who is eligible for a Specific Purpose or Event Visa or Permit

See WS before 04/07/2005

 

a. Applicants may be issued with a work visa and/or granted a work permit under specific purpose or event policy, if visa and immigration officers are satisfied that they:

i.        are coming to New Zealand for a specific purpose or event for a particular period; and

ii.        are skilled in areas relevant to that specific purpose or event.

 

Note: Unless specified in WS2 there is no need for a labour market test.

 

b. Applications for work permits made* under this category from applicants who currently hold a visitor permit granted under V3.100 Guardians accompanying students to New Zealand must not be approved (see V3.100.35).  (가디언비자 소지자는 워크퍼미트를 신청할 수 없다)

 

W2.25 Conditions of work visas and permits

Immigration Act 1987 s 27(5), (7)

 

a.       A work visa may be issued with any or all of the following conditions imposed by special direction:

i         the holder may work only in a specified industry, trade, occupation or profession;

              (워크비자는 허가된 특정 산업, 트레이드, 직종에서만 일 할 수 있어)

ii         the holder may work only for a specified employer;

            (워크비자는 허가된 특정 고용주 아래에서만 일해야)

iii         the holder may work only in a specified area or location;

          (워크비자는 허가된 특정 지역, 위치에서 일해야) 

iv       any other condition the visa officer considers is appropriate to reflect the reason for which the visa is being issued.

 

b.       Any conditions (or variation of them by special direction) on the work visa also apply to the work permit granted on arrival in New Zealand.

 

c.       Work permits granted in New Zealand may also have any of the conditions in paragraph (a) above imposed by special direction.

 

W2.25.1 Varying the conditions of temporary permits

a.       Holders of temporary permits should apply for a variation of the conditions of their permit if:

i         they wish to work and do not have a permit that allows work in New Zealand; or

ii        they hold a work permit limited by conditions and wish to change employers or the place of employment; or

iii         it is inappropriate for some other reason to apply for a work permit.

 

b. Immigration officers may issue a variation of conditions in such cases provided that the applicant completes an Application for Variation of Conditions and produces:

i          the appropriate fee; and

ii         a valid passport or travel document; and

iii         any other documents or information requested by the immigration officer.

                  

c.       Holders of visitor permits granted under V3.100 Guardians accompanying students to New Zealand may only be granted a variation of conditions for part time work between the hours 9:30am and 2:30pm (see V3.100.35).  (가디언비자 소지자들도 오전 9시30분부터 오후 2시30분까지 일할 수 있는 조건전환 신청을 할 수 있다)

 

* 가디언비자가 이런 파트타임 취업을 위한 조건전환을 이민성에 신청할  때  

  취업을 원하는 직종과  관련된  경력 증명서, 또는 학력 증명서, 그리고 고용주의 고용계약서가 반드시 필요하다.

 

다음 (Daum) 조기유학,유학 카페로 이동하기 --- 아래 배너 클릭!