Visiting academics: specified short academic activities excluded from work requirements

Policy effect

From April 4, 2011, New Zealand’s V3.130 instructions permitted qualifying visiting academics to undertake specified activities using the visitor route, and W2.2 expressly excluded visits meeting V3.130 from the definition of employment. The preceding November 29, 2010 W2.2 text did not contain that academic exclusion. Academics from visa-waiver countries could be granted a three-month visitor visa and entry permission on arrival; others had to obtain a visitor visa before travel. A work visa was required before travel for stays exceeding three months, multiple visits totalling more than three months in a calendar year, or work activities outside those specified. Applicants needed an invitation from the relevant New Zealand tertiary education institute identifying them, confirming that they met the academic requirements, and describing the activities and dates or duration. They had to be well-qualified, employed by an overseas academic or research institution or widely experienced in such employment, and undertaking pedagogical, educational, professional-management or research activities. The listed activities included research collaboration and publication with New Zealand academics; one-off seminars or conferences; specialised short-course teaching or tutoring where New Zealand academics lacked the subject knowledge; obtaining research material available only in New Zealand or research possible only there; academic or research planning, management, professional development and resource sourcing; meetings with a co-supervised postgraduate student enrolled for a New Zealand qualification; performance or studio masterclasses; oral or practical assessment panels, including theses; and study tours. The instruction’s tertiary-institute note listed New Zealand universities, institutes of technology and the three named wānanga. This was a bounded visiting-academic exemption, not unrestricted visitor employment.

Conditions and exceptions

Validated condition or limit: others had to obtain a visitor visa before travel.; A work visa was required before travel for stays exceeding three months, multiple visits totalling more than three months in a calendar year, or work activities outside those specified.; obtaining research material available only in New Zealand or research possible only there

Official source excerpt

Quoted verbatim from the official source below. Ellipses indicate omitted text.

V3.130 Visiting academics (04/04/2011) V3.130 Visiting academics (04/04/2011) See also Immigration Act 2009, s 4 See also Immigration (Visa, Entry Permission, and Related Matters) Regulations 2010 Schedule 2 Visiting academics from countries whose nationals are people to whom a visa waiver applies (see E2.1), may be granted a three-month visitor visa and entry permission on arrival in New Zealand. Visiting academics from countries whose nationals are required to hold a visitor visa to travel to New Zealand must apply for a visitor visa before travelling to New Zealand. Visiting academics must apply for a work visa prior to travelling to New Zealand if they wish to: stay in New Zealand for longer than three months; or make multiple visits with a total duration of more than three months in any calendar year; or undertake any activity that would fall within the definition of work and is not listed at (f) below. Applicants must provide a letter of invitation from the tertiary education institute or institutes where they plan to undertake academic work, confirming: the name of the applicant; and that the applicant is a person specified at (e) below; and the activity or activities the applicant will undertake while in New Zealand; and the dates or duration of the activity or activities to be undertaken. Note: Tertiary education institutes include New Zealand universities, institutes of technology and the three wananga (Te Wananga o Raukawa, Te Whare Wananga o Awanuiarangi, and Te Wananga o Aotearoa). Visiting academics must be: well-qualified in their field; and either employed by an overseas academic or research institution, or have wide experience in such employment; and undertaking activities of a pedagogical, educational, professional management or research nature. Pedagogical, educational, professional management or research activities are excluded from the definition of work. These include: collaborating on research projects with academics working at New Zealand tertiary education institutes, including publishing work with New Zealand academics; and presenting at one-off seminars or conferences organised by the institution; and providing teaching or tutoring for short courses in specialised areas that New Zealand academics do not have the subject knowledge in; and sourcing research material only available in New Zealand (including literature) or conducting research only able to be undertaken in New Zealand; and planning and management (including designing, developing, implementing and reviewing/auditing academic and research courses, programmes and resources; professional development, including teaching methods and curriculum development; and sourcing resource materials for academic and research programmes); and meeting with a post-graduate student who they co-supervise if the student is enrolled at a New Zealand institution from which they will be receiving their qualification, if successful; and undertaking performance classes (e.g. in … or music) or studio master classes (i.e. recording and mastering music); and participating on assessment panels for oral or practical examinations, including for theses; and study tours. Effective 04/04/2011 PREVIOUS IMMIGRATION INSTRUCTIONS V3.130 Visiting academics (25/07/2011) W2.2 Definitions (04/04/2011) W2.2 Definitions (04/04/2011) See also Immigration Act 2009, s 4 W2.2.1 Definition of 'employment' Employment means any activity undertaken for gain or reward, but does not include: visits by persons undertaking business activities detailed in V3.5(b); official business in the service of any government, or of any inter-governmental or international organisation that is entitled to any privileges and immunities under the Diplomatic Privileges and Immunities Act 1968 (see H2); study or training under a scholarship or other award recognised by the Minister; visits by guests of government (guest of government status is granted through the Department of the Prime Minister and Cabinet); visits by persons who meet the special requirements under V3.55, V3.85 or V3.130. 'Gain or reward' includes any payment or benefit that can be valued in terms of money, such as board and lodging, goods (eg, food or clothing) and services (eg, transport). Note: ‘Employment in the context of the INZ Operational Manual has the same meaning as ‘work’ as defined in section 4 of the Immigration Act 2009. This definition does not require employment as an 'employee'. It also covers self-employment. W2.2.5 Definition of 'New Zealand' for employment purposes A person is considered to be undertaking employment in New Zealand if at any time they are employed: on or in relation to any artificial island, installation, or structure anywhere within the territorial sea of New Zealand; or on or in relation to any artificial island, installation, or structure anywhere within the exclusive economic zone of New Zealand or on or above the continental shelf of New Zealand; or on board any craft that is registered in New Zealand and is engaged in activities anywhere: within the territorial sea of New Zealand; or within the New Zealand exclusive economic zone; or on or above the New Zealand continental shelf. A person is considered to be undertaking employment in New Zealand whether or not a New Zealand or overseas resident is providing the payment or benefit for the activity. W2.2.10 Definition of 'full-time employment' Unless otherwise specified, full-time employment is considered to be at least 30 hours of work per week for the purpose of all work instructions. W2.2.15 Definition of 'New Zealand market rate' For the purposes of work instructions (with the exception of WH1 Recognised Seasonal Employer instructions), the New Zealand market rate is the rate of pay which would be required to recruit a New Zealand citizen or residence class visa holder to do equivalent work. When assessing the New Zealand market rate, factors immigration officers may consider, include, but are not lim …

Review method

Source-based draft with independent Gemini 3.8 Flash verification

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• 2011-07-25Investor 1 annual physical-presence requirement reduced from 73 to 44 days
• 2011-07-25SMC job-search visa barred for onshore recent Study-to-Work visa holders
• 2011-07-25SMC New Zealand qualification bonus points tied to degree level and duration
• 2011-07-25SMC recognised-qualification points redistributed by qualification level