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New Zealand has long prided itself on being a nation that champions fairness, equal opportunity, and the welfare of its youngest citizens. Central to this identity is its commitment as a signatory to the United Nations Convention on the Rights of the Child ("UNCRC"), which unequivocally upholds every child’s right to education. Yet, in practice, the policies enforced by Immigration New Zealand ("INZ") often clash with these commitments, creating significant hurdles for migrant families—especially impacting children’s access to education. This tension between upholding international rights and enforcing immigration policy remains unresolved and calls for urgent attention.
The UNCRC affirms that education is a fundamental right for all children. Articles 28 and 29 emphasise access to education and the development of the child’s personality, talents, and abilities.
However, New Zealand has maintained certain reservations, particularly concerning immigration-related aspects of the UNCRC. These reservations mean that children of migrants do not always receive the same protections or access to services as other children residing in the country. This discrepancy highlights an important gap between New Zealand’s stated values and the lived realities of many migrant families.
Under Immigration Instruction U8.20.6, parents must earn at least NZD $55,844 per annum to sponsor a dependent child’s student visa. While this may seem like a reasonable safeguard, it often proves impractical and exclusionary:
Many migrant workers, particularly those employed in essential care roles, find themselves trapped in a frustrating situation. Although they often work upwards of 40 hours per week and earn sufficient income in reality, their employment contracts only guarantee the minimum number of hours per week (30 hours), making it difficult to meet Immigration New Zealand’s strict income criteria for sponsoring their children’s student visas. Complicating matters further, employers may be reluctant to officially guarantee additional hours out of a sense of fairness towards other New Zealand employees or due to operational limitations. This leaves migrant families in a state of uncertainty and limbo.
The direct consequence of this rigid policy is heartbreaking: children are effectively denied their fundamental right to access education - not because of a lack of income or eligibility, but due to technicalities and inflexible regulations.
This policy then creates a disconnect: INZ wants to attract skilled migrants and care workers, yet fails to support their families’ basic right to education.
The inconsistencies in policy extend beyond income thresholds to visa status and educational access.
For example, children on visitor visas are permitted to study for only three months per calendar year. In contrast, children who are unlawfully in New Zealand may be eligible and apply to attend school as domestic students throughout their school years. This creates a troubling paradox:
This inconsistency not only undermines fairness but also encourages families to consider unlawful pathways just so their children can attend school. It’s a policy that inadvertently incentivises non-compliance.
Many families are unaware of their children’s rights to education. Some avoid enrolling their children in school out of fear of being discovered by immigration authorities, even though their children may legally attend.
This climate of uncertainty and anxiety results in educational neglect—not because parents do not value education, but because they are forced to weigh their children’s future against their own legal vulnerabilities. This situation places families in an untenable position, sacrificing fundamental rights due to fear and systemic barriers.
While immigration policies must balance national interests with social justice, the current rigid approach lacks necessary flexibility and humanity. There is a compelling case for INZ to introduce greater discretion and compassion in applying policies affecting migrant families, particularly in relation to children’s education rights.
Potential reforms could include:
New Zealand stands at a crossroads. Its reputation as a fair and just nation depends on honouring its international commitments, especially to children’s rights. Education is a fundamental right - not a privilege contingent on visa status or parental income.
To truly live up to its values, New Zealand must reconcile INZ's policies with the spirit of the UNCRC. This means reforming restrictive income requirements, resolving the paradoxes in access based on legal status, and addressing the fears that keep children out of school. By doing so, New Zealand can demonstrate leadership on the global stage, ensuring that every child, regardless of their immigration background, receives the education they deserve - a vital foundation for their future and for a more inclusive society.
New Zealand has long prided itself on being a nation that champions fairness, equal opportunity, and the welfare of its youngest citizens. Central to this identity is its commitment as a signatory to the United Nations Convention on the Rights of the Child ("UNCRC"), which unequivocally upholds every child’s right to education. Yet, in practice, the policies enforced by Immigration New Zealand ("INZ") often clash with these commitments, creating significant hurdles for migrant families—especially impacting children’s access to education. This tension between upholding international rights and enforcing immigration policy remains unresolved and calls for urgent attention.
The UNCRC affirms that education is a fundamental right for all children. Articles 28 and 29 emphasise access to education and the development of the child’s personality, talents, and abilities.
However, New Zealand has maintained certain reservations, particularly concerning immigration-related aspects of the UNCRC. These reservations mean that children of migrants do not always receive the same protections or access to services as other children residing in the country. This discrepancy highlights an important gap between New Zealand’s stated values and the lived realities of many migrant families.
Under Immigration Instruction U8.20.6, parents must earn at least NZD $55,844 per annum to sponsor a dependent child’s student visa. While this may seem like a reasonable safeguard, it often proves impractical and exclusionary:
Many migrant workers, particularly those employed in essential care roles, find themselves trapped in a frustrating situation. Although they often work upwards of 40 hours per week and earn sufficient income in reality, their employment contracts only guarantee the minimum number of hours per week (30 hours), making it difficult to meet Immigration New Zealand’s strict income criteria for sponsoring their children’s student visas. Complicating matters further, employers may be reluctant to officially guarantee additional hours out of a sense of fairness towards other New Zealand employees or due to operational limitations. This leaves migrant families in a state of uncertainty and limbo.
The direct consequence of this rigid policy is heartbreaking: children are effectively denied their fundamental right to access education - not because of a lack of income or eligibility, but due to technicalities and inflexible regulations.
This policy then creates a disconnect: INZ wants to attract skilled migrants and care workers, yet fails to support their families’ basic right to education.
The inconsistencies in policy extend beyond income thresholds to visa status and educational access.
For example, children on visitor visas are permitted to study for only three months per calendar year. In contrast, children who are unlawfully in New Zealand may be eligible and apply to attend school as domestic students throughout their school years. This creates a troubling paradox:
This inconsistency not only undermines fairness but also encourages families to consider unlawful pathways just so their children can attend school. It’s a policy that inadvertently incentivises non-compliance.
Many families are unaware of their children’s rights to education. Some avoid enrolling their children in school out of fear of being discovered by immigration authorities, even though their children may legally attend.
This climate of uncertainty and anxiety results in educational neglect—not because parents do not value education, but because they are forced to weigh their children’s future against their own legal vulnerabilities. This situation places families in an untenable position, sacrificing fundamental rights due to fear and systemic barriers.
While immigration policies must balance national interests with social justice, the current rigid approach lacks necessary flexibility and humanity. There is a compelling case for INZ to introduce greater discretion and compassion in applying policies affecting migrant families, particularly in relation to children’s education rights.
Potential reforms could include:
New Zealand stands at a crossroads. Its reputation as a fair and just nation depends on honouring its international commitments, especially to children’s rights. Education is a fundamental right - not a privilege contingent on visa status or parental income.
To truly live up to its values, New Zealand must reconcile INZ's policies with the spirit of the UNCRC. This means reforming restrictive income requirements, resolving the paradoxes in access based on legal status, and addressing the fears that keep children out of school. By doing so, New Zealand can demonstrate leadership on the global stage, ensuring that every child, regardless of their immigration background, receives the education they deserve - a vital foundation for their future and for a more inclusive society.
