IMPACT – MEDIUM

Immigration New Zealand recently closed three visa pathways in preparation for a new Accredited Employer Work Visa that will be launched on Nov. 1, 2021.

Key Points:

  • Employers are no longer able to apply for or renew statuses as of June 30 for the following categories:
    • Accredited Employer (Talent – Accredited Employer).
    • Labor Hire Accreditation (Essential Skills).
    • Approval in Principle (Essential Skills).
  • Employers can still support work visa applications under the Essential Skills and existing accreditation work visa category until Oct. 31.
  • Employers who do not intend to use accreditation or approval in principle from now until Oct. 31 should wait to apply for accreditation under the new system.
  • Employers who already employ migrants on temporary work visas do not need to keep their accreditation active for the visas’ duration.
  • Initial information on the new Accredited Employer Work Visa can be found here; however, the policy is subject to change until its implementation date.

Additional Information: INZ will continue to accept temporary work visas including Essential Skills and Talent Work to Residence visas until Oct. 31. Migrants holding a current temporary work visa are not affected by the aforementioned changes. Existing accredited employers will not be able to utilize the streamlined pathway into the new scheme.

BAL Analysis: The changes to temporary work visas are designed to help regions and businesses find qualified workers while ensuring New Zealanders have priority in the job market. Additionally, the changes intend to protect migrant workers’ rights and place increased responsibility on the employer throughout the application process.

This alert has been provided by Berry Appleman & Leiden LLP. For additional information, please contact berryapplemanleiden@bal.com.

Copyright © 2021 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.

IMPACT – MEDIUM

Immigration New Zealand is set to increase the median wage for Essential Skills Work Visas and Skilled Migrant Residence Visas.

Key Points:

  • Beginning July 19, the median wage for Essential Skills Work Visas and Skilled Migrant Residence Visas will be increased from NZ $25.50 to NZ $27.00 per hour.
  • Updated thresholds do not apply to current visa holders. Individuals must be paid above the pay rate that was established when the visa was initial granted.
  • Income thresholds are based on the annual New Zealand Labor Market Statistics information released annually.

BAL Analysis: Affected employers should take note of the change and budget for the increases as needed. Individuals who earn between NZ $25.50 and NZ $27.00 hourly should renew Essential Skills Work Visas before July 19. Skilled Migrant Residence Visa applicants in the EOI pool should consider whether they still meet the new minimum income thresholds required to be selected from the pool when it re-opens.

This alert has been provided by Berry Appleman & Leiden LLP. For additional information, please contact berryapplemanleiden@bal.com.

Copyright © 2021 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.

IMPACT – HIGH

The New Zealand government has announced that after Jan. 25 all travelers entering the country must have a pre-departure COVID-19 test, with some exceptions.

Key Points:

  • All travelers entering New Zealand after 11:59 p.m. on Jan. 25 must present a negative test certificate from a COVID-19 PCR test obtained 72 hours before boarding their flights, except for those traveling from Australia, Antarctica and most Pacific Islands.
  • Pre-departure COVID-19 PCR tests must be conducted in the traveler’s country of origin at an authorized or accredited laboratory. Those who have medical conditions exempting them from pre-departure COVID-19 testing must present a medical certificate.
  • Travelers who do not bring their negative COVID-19 test certificates or medical certificates to the airport before their flights to New Zealand run the risk of being denied entry to them and having to pay an infringement fine.
  • Travelers arriving in New Zealand must have a valid managed isolation voucher and enter managed self-isolation for a minimum of 14 days. During this period, they must be tested for COVID-19 within 24 hours of arriving in New Zealand and on the third and twelfth days.
  • Travelers transiting through New Zealand who do not leave the airport are not required to obtain a pre-departure COVID-19 PCR test.

Analysis & Comments: The new testing and travel requirements will add to the time it takes to plan travel to New Zealand. The response to the COVID-19 pandemic continues to develop, and Deloitte will provide additional updates as information becomes available. Please check Deloitte’s COVID-19 Digital Map, available here, for information on travel restrictions and immigration changes in other countries.

Rest of World Source: Deloitte. Deloitte refers to one or more of Deloitte Touche Tohmatsu Limited (“DTTL”), its global network of member firms, and their related entities. DTTL (also referred to as “Deloitte Global”) and each of its member firms are legally separate and independent entities. DTTL does not provide services to clients. Please see www.deloitte.com/about to learn more. Deloitte Legal means the legal practices of Deloitte Touche Tohmatsu Limited member firms or their affiliates that provide legal services. For legal, regulatory and other reasons, not all member firms provide legal services. This includes Deloitte Tax LLP in the United States which does not provide legal and/or immigration advice or services. This communication contains general information only, and none of Deloitte Touche Tohmatsu Limited, its member firms or their related entities (collectively, the “Deloitte network”) is, by means of this communication, rendering professional advice or services. Before making any decision or taking any action that may affect your finances or your business, you should consult a qualified professional adviser. No entity in the Deloitte network shall be responsible for any loss whatsoever sustained by any person who relies on this communication. © 2021. For information, contact Deloitte Touche Tohmatsu Limited.

IMPACT – MEDIUM

New Zealand’s government has announced it will delay the introduction of the new employer-assisted work visa.

Key Points:

  • The introduction of the new employer-assisted work visa was expected to occur in early 2021, but the COVID-19 pandemic has pushed the introduction back until after the middle of 2021.
  • When it is introduced, the new employer-led process will require all employers to obtain accreditation with Immigration New Zealand. The new employer-assisted work visa will also replace the following visa categories:
    • Essential Skills Work Visas.
    • Essential Skills Work Visas — approved in principle.
    • Talent (Accredited Employer) Work Visas.
    • Long-Term Skill Shortage List Work Visas.
    • Silver Fern Job Search Visas (closed Oct. 7, 2019).
    • Silver Fern Practical Experience Visas.
  • Current visas approved under these categories will not be impacted and will remain valid until their expiry.

Additional Information: More information about changes to temporary work visas is available here.

Analysis & Comments: The delay means the new employer-led process will not be available in early 2021 as was expected. Employers may wish to contact Deloitte for more information about the new process, and whether it will be the right option for their employees once it is introduced. The response to COVID-19 continues to develop, and Deloitte will provide additional updates as information becomes available. Please check Deloitte’s COVID-19 Digital Map, available here, for information on travel restrictions and immigration changes in other countries.

Rest of World Source: Deloitte. Deloitte refers to one or more of Deloitte Touche Tohmatsu Limited (“DTTL”), its global network of member firms, and their related entities. DTTL (also referred to as “Deloitte Global”) and each of its member firms are legally separate and independent entities. DTTL does not provide services to clients. Please see www.deloitte.com/about to learn more. Deloitte Legal means the legal practices of Deloitte Touche Tohmatsu Limited member firms or their affiliates that provide legal services. For legal, regulatory and other reasons, not all member firms provide legal services. This includes Deloitte Tax LLP in the United States which does not provide legal and/or immigration advice or services. This communication contains general information only, and none of Deloitte Touche Tohmatsu Limited, its member firms or their related entities (collectively, the “Deloitte network”) is, by means of this communication, rendering professional advice or services. Before making any decision or taking any action that may affect your finances or your business, you should consult a qualified professional adviser. No entity in the Deloitte network shall be responsible for any loss whatsoever sustained by any person who relies on this communication. © 2020. For information, contact Deloitte Touche Tohmatsu Limited.

 

IMPACT – MEDIUM

Immigration New Zealand (INZ) recently announced that for the Skilled Migrant Category and Parent Resident Category it will postpone the Expression of Interest (EOI) selection process for another six months.

Key Points:

  • Continuing this postponement makes it possible for INZ to maintain its focus on processing applications from applicants in New Zealand and applicants who are allowed to enter the country while border restrictions are active.
  • The postponement will be reviewed in 2021.

Analysis & Comments: Those who wish to submit an Expression of Interest for the Skilled Migrant Category and Parent Resident Category will have to wait until INZ resumes its EOI selection process. The response to the COVID-19 pandemic continues to develop, and Deloitte will provide additional updates as information becomes available. Please check Deloitte’s COVID-19 Digital Map, available here, for information on travel restrictions and immigration changes in other countries.

Rest of World Source: Deloitte. Deloitte refers to one or more of Deloitte Touche Tohmatsu Limited (“DTTL”), its global network of member firms, and their related entities. DTTL (also referred to as “Deloitte Global”) and each of its member firms are legally separate and independent entities. DTTL does not provide services to clients. Please see www.deloitte.com/about to learn more. Deloitte Legal means the legal practices of Deloitte Touche Tohmatsu Limited member firms or their affiliates that provide legal services. For legal, regulatory and other reasons, not all member firms provide legal services. This includes Deloitte Tax LLP in the United States which does not provide legal and/or immigration advice or services. This communication contains general information only, and none of Deloitte Touche Tohmatsu Limited, its member firms or their related entities (collectively, the “Deloitte network”) is, by means of this communication, rendering professional advice or services. Before making any decision or taking any action that may affect your finances or your business, you should consult a qualified professional adviser. No entity in the Deloitte network shall be responsible for any loss whatsoever sustained by any person who relies on this communication. © 2020. For information, contact Deloitte Touche Tohmatsu Limited.

IMPACT – MEDIUM

What is the change? New Zealand’s government has made changes to the Skills Match Report process to help employers identify which New Zealanders are available to work.

Key Points:

  • In response to the impact the COVID-19 pandemic is having on the labor market, the Ministry of Social Development (MSD) generated lists of occupations and regions with an oversupply or undersupply of New Zealanders who are receiving Job Seeker Support. The lists will be used beginning Oct. 7.
  • Employers do not need to obtain a Skills Match report for jobs paying less than the national median wage, which is $25.50 per hour, if there is an undersupply of New Zealand job seekers for those positions or the regions where they are located. Within the same context of an undersupply of New Zealand job seekers for certain occupations or regions, employers that can demonstrate they made a sincere effort to publicly advertise a new job to make it known to New Zealanders who are looking for work are allowed to support a migrant work visa application.
  • Employers can work directly with the Ministry of Social Development for the occupations and regions where there is an oversupply of New Zealand job seekers on Job Seeker support who are available for employment.
  • For occupations or regions that are not on the oversupply or undersupply lists, the process remains unchanged, meaning a Skills Match Report is required for an employer to hire a migrant for a job that pays less than the national median wage.

Additional Information: The oversupply and undersupply lists are a temporary measure which will be reviewed in the beginning of 2021, or sooner, depending on conditions within the labor market. Immigration New Zealand will confirm whether or not an occupation is on the undersupply or oversupply list by using the Australian and New Zealand Standard Classification of Occupations (ANZSCO version 1.2). The process to obtain a Skills Match Report has not changed.

Analysis & Comments: The government’s temporary use of oversupply and undersupply lists is intended to help New Zealanders who are out of work obtain new jobs. The response to the COVID-19 pandemic continues to develop, and Deloitte will provide additional updates as information becomes available. Please check Deloitte’s COVID-19 Digital Map, available here, for information on travel restrictions and immigration changes in other countries.

Rest of World Source: Deloitte. Deloitte refers to one or more of Deloitte Touche Tohmatsu Limited (“DTTL”), its global network of member firms, and their related entities. DTTL (also referred to as “Deloitte Global”) and each of its member firms are legally separate and independent entities. DTTL does not provide services to clients. Please see www.deloitte.com/about to learn more. Deloitte Legal means the legal practices of Deloitte Touche Tohmatsu Limited member firms or their affiliates that provide legal services. For legal, regulatory and other reasons, not all member firms provide legal services. This includes Deloitte Tax LLP in the United States which does not provide legal and/or immigration advice or services. This communication contains general information only, and none of Deloitte Touche Tohmatsu Limited, its member firms or their related entities (collectively, the “Deloitte network”) is, by means of this communication, rendering professional advice or services. Before making any decision or taking any action that may affect your finances or your business, you should consult a qualified professional adviser. No entity in the Deloitte network shall be responsible for any loss whatsoever sustained by any person who relies on this communication. © 2020. For information, contact Deloitte Touche Tohmatsu Limited.

IMPACT – HIGH

New Zealand has made changes to several temporary work visas, so that visa holders can maintain their pathways to residence.

Key Points:

  • Effective Sept. 28, changes were made for the holders of the following types of visas:
    • Talent – Accredited Employers
    • Talent – Arts, Culture and Sport
    • Long Term Skills Shortage List Work to Residence
    • South Island Contribution Work to Residence.
  • Immigration New Zealand (INZ) requires that all Work to Residence (WTR) visa holders be 55 years old or younger. However, because of longer-than-normal processing times for residence visa applications some WTR holders are passing the age limit while their applications are being processed. Such WTR visa holders who have submitted a residence application which is pending assessment by INZ are now eligible to apply for a further WTR visa.
  • Applicants who have received a job offer from an accredited employer for a job that pays more than the minimum salary threshold are eligible to apply for a Talent – Accredited Employer category visa. In cases where employers have not renewed their accreditation, New Zealand has begun to allow current WTR visa holders in the Accredited Employer category who have resident visa applications being processed to be eligible to apply for a subsequent WTR visa. These visa holders must be working for the same employer and at the same base salary level. The second WTR visa can only be held for a maximum of two years while a residence visa application is being processed.
  • South Island Contribution visa holders who secured new employment because of COVID-19 disruptions to certain New Zealand industries or regions are now allowed to apply for a variation of conditions to change either the industry they work in or employment location within the South Island. However, they are not allowed to apply to change both. Previously, South Island Contribution visa holders were required to work in industries and regions listed on their visas, however given that COVID-19 has impacted some specific industries and regions more than others, INZ has decided to allow such visa holders to vary the conditions of their visas to allow further flexibility amidst the pandemic.

Background: Currently, there are longer-than-normal processing times for residence visa applications, which triggers the need for temporary entry class visa holders to apply for a subsequent temporary entry class visa in order to remain lawfully in New Zealand.

Analysis & Comments: The above-mentioned changes will allow some temporary entry class visa holders with more flexibility to apply for a subsequent temporary entry class visa and continue to live and work in New Zealand while waiting for their residence application to be decided by INZ. The response to the COVID-19 pandemic continues to develop, and Deloitte will provide additional updates as information becomes available. Please check Deloitte’s COVID-19 Digital Map, available here, for information on travel restrictions and immigration changes in other countries.

Rest of World Source: Deloitte. Deloitte refers to one or more of Deloitte Touche Tohmatsu Limited (“DTTL”), its global network of member firms, and their related entities. DTTL (also referred to as “Deloitte Global”) and each of its member firms are legally separate and independent entities. DTTL does not provide services to clients. Please see www.deloitte.com/about to learn more. Deloitte Legal means the legal practices of Deloitte Touche Tohmatsu Limited member firms or their affiliates that provide legal services. For legal, regulatory and other reasons, not all member firms provide legal services. This includes Deloitte Tax LLP in the United States which does not provide legal and/or immigration advice or services. This communication contains general information only, and none of Deloitte Touche Tohmatsu Limited, its member firms or their related entities (collectively, the “Deloitte network”) is, by means of this communication, rendering professional advice or services. Before making any decision or taking any action that may affect your finances or your business, you should consult a qualified professional adviser. No entity in the Deloitte network shall be responsible for any loss whatsoever sustained by any person who relies on this communication. © 2020. For information, contact Deloitte Touche Tohmatsu Limited.

IMPACT – MEDIUM

Immigration New Zealand has begun processing some relationship-based visas for foreign nationals abroad. The move is the latest step INZ has taken to ease some COVID-19 entry and immigration restrictions.

Key Points:

INZ is now processing and issuing the following offshore, relationship-based visas.

  • Partnership – Visitor (Partnership)
  • Partnership – Visitor (Culturally Arranged Marriage)
  • Partnership – Work (Partnership)
  • Partnership – Resident (Partnership)
  • Partnership – Resident (Partnership – Partner of an Expatriate)
  • Dependent Child – Visitor (Child of New Zealand citizen/resident)
  • Dependent Child – Visitor (Adopted child)
  • Dependent Child – Student (Child of New Zealand citizen/resident)
  • Dependent Child – Resident (Family child dependent)
  • Dependent Child – Resident (Family child dependent – Dependant of an Expatriate)

Those who are granted a visa in one of these categories will be not be subject to the normal COVID-19 entry restrictions. They will not be required, for example, to obtain permission from INZ to travel to New Zealand and will not have to provide an Expression of Interest for an exception.

Successful applicants will be granted a six-month period to enter New Zealand and activate their visas. This will allow travelers more time to arrange flights and plans to isolate or quarantine upon arriving in New Zealand. INZ may request additional or updated information for applications that were lodged more than three months prior to when INZ assesses them. This may include updated partnership evidence or a new chest x-ray for applicants traveling from countries with high rates of tuberculosis.INZ also said last week that it is processing but not yet issuing the following visas.

  • Refugee Family Support – Tiers 1 and 2
  • Migrant Investor (Investor 1 and 2), including Expressions of Interest (EOIs) for Investor 2
  • Parent Retirement
  • Entrepreneur

INZ said that while it will begin processing these applications, it cannot issue these visas under the current COVID-19 restrictions. By beginning processing, however, INZ may be able to more quickly issue these visas once restrictions are lifted. INZ said it would reject applications that do not meet immigration requirements and may request additional information as needed.

Analysis & Comments: INZ has taken steps to reopen to a growing number of foreign nationals, including waiving entry restrictions for some temporary work visa holders who normally reside in New Zealand and were outside the country when the border was closed earlier this year. While some relationship-based visas will now be processed, however, INZ said it will not yet process General Visitor Visa applications lodged on the basis of a relationship that does not meet applicable partnership requirements. These applications will be placed on hold until border restrictions permit them to be processed. The response to the COVID-19 pandemic continues to develop, and Deloitte will provide additional updates as information becomes available. Please check Deloitte’s COVID-19 Digital Map, available here, for information on travel restrictions and immigration changes in other countries.

Rest of World Source: Deloitte. Deloitte refers to one or more of Deloitte Touche Tohmatsu Limited (“DTTL”), its global network of member firms, and their related entities. DTTL (also referred to as “Deloitte Global”) and each of its member firms are legally separate and independent entities. DTTL does not provide services to clients. Please see www.deloitte.com/about to learn more. Deloitte Legal means the legal practices of Deloitte Touche Tohmatsu Limited member firms or their affiliates that provide legal services. For legal, regulatory and other reasons, not all member firms provide legal services. This includes Deloitte Tax LLP in the United States which does not provide legal and/or immigration advice or services. This communication contains general information only, and none of Deloitte Touche Tohmatsu Limited, its member firms or their related entities (collectively, the “Deloitte network”) is, by means of this communication, rendering professional advice or services. Before making any decision or taking any action that may affect your finances or your business, you should consult a qualified professional adviser. No entity in the Deloitte network shall be responsible for any loss whatsoever sustained by any person who relies on this communication. © 2020. For information, contact Deloitte Touche Tohmatsu Limited.

 

IMPACT – HIGH

New Zealand has granted extensions for family of employer-assisted work visa holders and Recognised Seasonal Employer workers.

Key points:

  • Partners and dependents. Partners and dependents of a principal visa holder whose visas would have expired during the period Aug. 17 to Dec. 31 will have their visas extended by six months. Immigration New Zealand will send a confirmation email to such visa holders, or their licensed advisors, by Aug. 25. Those who have been granted an interim visa after submitting a new visa application are not eligible for the extension.
    Partners and dependents of a principal visa holder whose visas expire during the specified period who have submitted an application for a new visa may withdraw it and request a refund. Refunds will be considered on a case-by-case basis.
  • Recognised Seasonal Employer Worker visa extension. Recognised Seasonal Employer (RSE) scheme visas will be extended by six months for those expiring during the period Aug. 18 to Dec. 31. The extension is only for RSE workers currently in New Zealand. Those who are outside New Zealand will not be able enter the country until border restrictions are lifted, unless they obtain a travel ban exemption. RSE workers who wish to continue working in New Zealand after the six-month extension for the same purpose will be able to apply to remain in the country longer.

Background: A six-month extension was granted to in-country holders of employer-assisted visas in July.

Analysis & Comments: The extensions will provide relief to Recognised Seasonal Employer workers and family of employer-assisted work visa holders. The response to the COVID-19 pandemic continues to develop, and Deloitte will provide additional updates as information becomes available. Please check Deloitte’s COVID-19 Digital Map, available here, for information on travel restrictions and immigration changes in other countries.

Rest of World Source: Deloitte. Deloitte refers to one or more of Deloitte Touche Tohmatsu Limited (“DTTL”), its global network of member firms, and their related entities. DTTL (also referred to as “Deloitte Global”) and each of its member firms are legally separate and independent entities. DTTL does not provide services to clients. Please see www.deloitte.com/about to learn more. Deloitte Legal means the legal practices of Deloitte Touche Tohmatsu Limited member firms or their affiliates that provide legal services. For legal, regulatory and other reasons, not all member firms provide legal services. This includes Deloitte Tax LLP in the United States which does not provide legal and/or immigration advice or services. This communication contains general information only, and none of Deloitte Touche Tohmatsu Limited, its member firms or their related entities (collectively, the “Deloitte network”) is, by means of this communication, rendering professional advice or services. Before making any decision or taking any action that may affect your finances or your business, you should consult a qualified professional adviser. No entity in the Deloitte network shall be responsible for any loss whatsoever sustained by any person who relies on this communication. © 2020. For information, contact Deloitte Touche Tohmatsu Limited.

 

IMPACT – HIGH

Foreigners seeking entry to New Zealand as an exception to the border closures face a new process and lodgment fees. Additionally, offshore visas will be suspended.

Key points:

  • Starting Aug. 10, employers and organizations seeking entry for “other critical workers” will be charged $380 per entry request.
  • Individuals seeking entry under any other established and future critical purpose categories will pay $45 per request starting Aug. 10.
  • A new online request form will be available for employers to replace the current manual process.
  • Offshore temporary visa applications, including student visa applications, will be suspended for three months. Immigration New Zealand says it cannot process these as applicants are unlikely to meet entry requirements.
  • The following offshore temporary entry class visas are not affected: relationship-based visas for partners and dependent children of New Zealand citizens and residents, visas for diplomatic, consular and official staff and accompanying dependents, Antarctic Traveler Visitor visas and Antarctic Work visas, Recognised Seasonal Employer Limited visas.

Background: New Zealand closed its borders to non-citizens in March and has among the world’s strictest entry requirements.

Analysis & Comments: The response to the COVID-19 pandemic continues to develop, and Deloitte will provide additional updates as information becomes available. Please check Deloitte’s COVID-19 Digital Map, available here, for information on travel restrictions and immigration changes in other countries.

Rest of World Source: Deloitte. Deloitte refers to one or more of Deloitte Touche Tohmatsu Limited (“DTTL”), its global network of member firms, and their related entities. DTTL (also referred to as “Deloitte Global”) and each of its member firms are legally separate and independent entities. DTTL does not provide services to clients. Please see www.deloitte.com/about to learn more. Deloitte Legal means the legal practices of Deloitte Touche Tohmatsu Limited member firms or their affiliates that provide legal services. For legal, regulatory and other reasons, not all member firms provide legal services. This includes Deloitte Tax LLP in the United States which does not provide legal and/or immigration advice or services. This communication contains general information only, and none of Deloitte Touche Tohmatsu Limited, its member firms or their related entities (collectively, the “Deloitte network”) is, by means of this communication, rendering professional advice or services. Before making any decision or taking any action that may affect your finances or your business, you should consult a qualified professional adviser. No entity in the Deloitte network shall be responsible for any loss whatsoever sustained by any person who relies on this communication. © 2020. For information, contact Deloitte Touche Tohmatsu Limited.