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New Zealand announced a policy change for certain Accredited Employer Work Visa (AEWV) holders who want to bring family to New Zealand.
Key Points:
Additional Information: Government officials recently announced that some AEWVs will now require higher work experience and qualification requirements, as well as a new English language standard and a shorter stay for people applying to work in certain roles assessed as ANZSCO skill levels 4 and 5. Individuals in the ANZSCO levels 4 and 5 job categories who receive the required wage rate will no longer be able to access the maximum eligibility time of five years if they applied before June 21, 2023, for their first AEWV. Applicants in this category must also now demonstrate that they meet the new English language requirements. The maximum visa length is reduced to two years, with the ability to apply for one more year with a new job check. The total time an individual in an ANZSCO levels 4 and 5 job category can stay in New Zealand (also called a maximum continuous stay) on one or more AEWVs is now reduced to three years.
BAL Analysis: Accredited employers should be aware of the new guidelines and understand their responsibilities when hiring individuals. The government has made this change to align with the broader suite of changes to the AEWV scheme and tighten immigration requirements, particularly for low-skilled migrant workers.
This alert has been provided by the BAL Global Practice Group.
Copyright © 2024 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries, please contact copyright@bal.com.
New Zealand has taken action to increase its minimum wage for seasonal workers, create a new Ukraine Resident Visa, and update its List of Qualifications Exempt from Assessment (LQEA).
Key Points
Background: More information is available at Immigration New Zealand.
This alert has been provided by the BAL Global Practice Group. For additional information, please contact berryapplemanleiden@bal.com.
Immigration New Zealand announced the extension of the 90-day trial period to all employers except accredited employers using the Accredited Employer Work Visa.
Additional Information: Government officials recently issued a new requirement for labor hire (triangular) employment firms who place migrants in specific construction occupations. The new requirement states that these employers must have at least 35% of the labor hire workforce made up of New Zealand citizens and residents in full time employment, which represents an increase from the previous threshold of 15%.
BAL Analysis: These changes are designed to treat foreign workers more fairly and ensure genuine labor needs and skills gaps are filled, while also protecting employment opportunities for New Zealand citizens and residents. Employers should be aware of the new guidelines and understand their responsibilities when hiring individuals using a 90-day trial period in their employment agreements.
New Zealand announced that applicants for permanent resident visas will be able to submit applications electronically by the end of January 2024.
Additional Information: Nationals are only eligible for a permanent resident visa after holding a resident visa for at least two years. The start of the two-year period begins upon arrival in New Zealand on the resident visa. Applications for permanent residency will be denied if the applicant has not satisfied the two-year requirement.
BAL Analysis: Employees should check eligibility criteria before applying for permanent residency. The change should improve the application process and ease an applicant’s ability to apply for permanent residency.
Immigration New Zealand confirmed that employers can no longer use 90-day trial periods in employment agreements when hiring foreign nationals on an Accredited Employer Work Visa.
• Immigration officials will decline or request updated information if an AEWV job check application includes an employment agreement with a trial period. • The 90-day trial period rule does not apply to migrants who already hold, applied for or were approved for an AEWV job check prior to Oct. 29.
BAL Analysis: The change is designed to treat foreign workers more fairly and ensure labor needs and skills gaps are filled. Employers may lose accreditation status if they include a trial period in their employment agreements.
Copyright © 2023 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries, please contact copyright@bal.com.Social Copy
IMPACT — MEDIUM
The New Zealand government recently announced several changes to the Accredited Employer Work Visa scheme.
Additional Information: AEWV holders must spend at least 12 months outside of New Zealand when their visas expire before returning to the country unless they are on a residence pathway.
Copyright © 2023 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries, please contact copyright@bal.com.
The government of New Zealand has announced changes to the Skilled Migrant Category Resident Visa and Accredited Employer Work Visa.
Skilled Migrant Category Resident Visa changes:
Accredited Employer Work Visa changes:
BAL Analysis: New Zealand authorities updated the conditions of the Skilled Migrant Category Resident Visa and the AEWV to help support New Zealand’s economic growth and to provide more certainty to migrants and employers.
The U.S. State Department has provided guidance for U.S citizens traveling to Australia and New Zealand for the 2023 FIFA Women’s World Cup.
Additional Information: U.S. citizens are encouraged to sign up for the Smart Traveler Enrollment Program if they have not done so already to receive emergency/security alerts and make it easier for the State Department to assist them in case of an emergency. More travel guidance for U.S. citizens traveling to Australia and New Zealand for the Women’s World Cup is available here.
This alert has been provided by BAL U.S. Practice Group. For additional information, please contact berryapplemanleiden@bal.com.
The government of New Zealand announced changes to Partnership Work Visas supported by Accredited Employer Work Visa and Essential Skills Work Visa holders.
Additional Information: Partners do not need to have a job offer to apply for the Partner of a Worker Work Visa, and employers do not need to complete a Job Check. Once approved, partners can change employers without applying for a Variation of Conditions, and there is no minimum number of hours that partners need to work. More information regarding the changes to the Partnership Work Visa is available here.
BAL Analysis: Those who have not yet submitted a Partnership Work Visa application will be impacted by the changes if their AEWV partner does not meet Green List or twice median wage requirements. Those who have already applied for or have gained their Partnership Work Visa will not be impacted by the changes until they need to renew their visa.
The government of New Zealand has recommended individuals apply for visitor visas by April for the FIFA Women’s World Cup.
Additional Information: Individuals traveling to Australia during the World Cup may need an Australian visa or Electronic Travel Authority in addition to a New Zealand visitor visa. More information is available here.
BAL Analysis: Foreign nationals who are not eligible for a NZETA and are planning on traveling to New Zealand for the 2023 FIFA Women’s World Cup should apply for visitor visas as soon as possible to ensure they receive their visa by July. Travelers who do not hold a visitor visa, NZETA or another valid visa will not be allowed to enter the country for the World Cup.