Work Visa Changes – welcome changes for migrants and their employers!
There have been several welcome changes to the Accreditation, Job Check, and Accredited Employer Work Visa requirements. These will all be in effect by 10 March.
Accreditation requirements are easier for employers
- Employers no longer need to complete the online employment law modules. Further, migrant employees do not need to be given time to complete the employee version of the same modules. However, the requirement to provide migrant employees with settlement support information within one month of starting work remains in effect.
Median wage is no longer a requirement
- The median wage is no longer a requirement for a Job Check to be approved. However, the position must be paid at the market rate.
Positions treated as being at a higher skill level, to make Job Checks easier
- Some positions will be treated as being at a higher skill level on the Australian and New Zealand Standard Classification of Occupation (ANZSCO) list. This means that, for these jobs, engagement with WINZ is not required to obtain a Job Check approval. This will also mean the migrants do not need to meet the English language requirements.
Less paperwork when dealing with Work and Income New Zealand (WINZ)
- Employers no longer need to wait for engagement reports from WINZ to submit a Job Check. A declaration from employers that they have engaged with WINZ will be accepted instead.
- However, if a position is deemed to be low skilled, which is at ANZSCO Skill Level 4 or 5, then employers must still list the vacant position with WINZ, unless WINZ advises otherwise, and engage in “good faith”.
Less work experience needed to obtain a work visa
- Employees applying for an Accredited Employer Work Visa (AEWV) now only need to prove two years of relevant work experience. This is instead of three years. This is only required if the employee does not have a degree or a relevant Level 4 qualification.
Maximum work visa duration made much clearer
- All AEWV holders will now be able to stay in New Zealand for either three or five years before having to spend 12 months outside of New Zealand.
A new and improved Interim Visa regime
- When a migrant applies for an AEWV and they have a work visa, or a student visa work conditions conditions, they will be granted an interim visa that allows work. This will allow many migrants to start in a position, before an AEWV has been approved.
Partners’ work rights have improved
- Partners of AEWV holders can now apply for open work rights, meaning that they do not need to work for an accredited employer or earn at least the median wage.
If you have any questions, please contact a member of our Immigration Team.
Special thanks to Partner Nicola Tiffen and Legal Advisor Jamie Harvey for preparing this article.
Disclaimer: The content of this article is general in nature and not intended as a substitute for specific professional advice on any matter and should not be relied upon for that purpose.
