Immigration update – effective Sunday 7th April 2024

Increased requirements for migrants

All new AEWV applicants will be required to meet a minimum skill and experience threshold, as described above, and provide evidence of relevant qualifications and work experience to do the job applied for, with their application. The only exceptions to this requirement are where the employment offered is for a Green List occupation (and the applicant meets the requirements as noted on the Green List), or where the employment offered includes remuneration to be paid at least twice the median wage rate.

Any migrants in ANZSCO level 4 or 5 occupations will now also need to meet a minimum standard of English.

A migrant meets the minimum standard of English language for an AEWV application if they meet one of the following requirements:

• Citizenship of Canada, the Republic of Ireland, the United Kingdom, or the USA, provided they have spent at least 5 years in work or education in one or more of those countries or Australia or New Zealand.
• A qualification comparable to a New Zealand Level 7 bachelor’s qualification gained in one of the countries above as a result of study undertaken for at least two academic years.
• A qualification comparable to a New Zealand Level 8 qualification or above gained in one of the countries above as a result of study undertaken for at least one academic year.
• An acceptable English language test result no more than two years old meeting the minimum test results.

ACCREDITED EMPLOYER WORK VISA (AEWV)

Migrants currently holding valid Accredited Employer Work Visas or who have a submitted application in the process are not immediately impacted but will need to meet the stricter requirements in subsequent applications or be required to depart New Zealand.

Migrants applying for an Accredited Employer Work Visa from today will need to meet the stricter requirements regardless of whether the Job Check was approved before the Minister’s announcement.

The changes are explained in further detail below.

ACCREDITED EMPLOYER WORK VISA (AEWV) CHANGES

Reduced visa validity

From today, AEWV applicants in level 4 or 5 occupations, as dictated by the Australian and New Zealand Standard Classification of Occupations (ANZSCO) relied on by Immigration New Zealand, will receive shorter visas and have a reduced maximum length of time they can stay in New Zealand on an AEWV.

For roles paying at or above the AEWV median wage (currently $29.66/hour) in ANZSCO level 4 or 5 occupations:

• The duration has been reduced to 2 years, with the ability to apply for a further 1-year visa with a new job check.
• The maximum continuous stay duration has been reduced from 5 years to 3 years.

The reduced maximum continuous stay will also apply to some current AEWV holders working in ANZSCO level 4 or 5 occupations. Their current visa length will not change; however, they will no longer be able to apply for the balance of the five-year AEWV introduced last year if they have not already done so.

Once the maximum continuous stay duration is reached, a migrant must leave New Zealand for 12 months before they can return to New Zealand on a further AEWV for a Level 4 or 5 occupation, unless they meet the requirements for a longer duration or New Zealand Residence.

It is important to note that there is currently no ability for those who are in ANZSCO level 4 or 5 occupations who have already obtained their 5-year visa, to do a job change to an occupation that would otherwise have a 2-year maximum visa duration and maintain their 5-year visa duration. A migrant would need to remain in their current role unless they obtain an offer of employment in a higher-skilled occupation.

Workers in ANZSCO level 4 or 5 occupations who earn at least 1.5x the Skilled Migrant Category median wage (currently $31.61/hour base rate) or who are in an occupation on the Green List or Sector Agreement Residence pathways are exempt from these changes due to their residence pathway.

New Employer Reporting Obligations

Accredited Employers must now notify Immigration New Zealand within 10 working days if an AEWV holder’s employment ends and their last day of employment is more than a month before their visa expires.

Non-compliance with this new requirement can result in the suspension of an employer’s Accreditation status, a decline of their renewal application and/or penalties including fines introduced by the new infringement scheme effective 11 April 2024. This change will not apply to existing Accredited Employers until they renew or upgrade their Accreditation, meaning those employers who have not reported employee terminations to date are not adversely affected.

Increased requirements for employers:

Employers have always been expected to determine whether a migrant worker is suitably qualified and experienced for a role before hiring, as part of good business practices. However, to date, there has been no immigration requirement to this effect.

Effective immediately, employers must take reasonable steps to ensure migrant workers are suitably qualified and meet a minimum skills and experience threshold before supporting an AEWV application.

If the vacancy is in an occupation at ANZSCO level 4 or 5 and is not paid 2x the median wage or on the Green List which would negate the need for labour market testing, employers will:

1. Need to advertise the vacancy for 21 calendar days, an increase from 14 days, on a suitable national listing website or advertising channel.
2. Engage with Work and Income and confirm the results of that engagement.
3. Require a minimum skills and experience threshold of 3 years relevant work experience or a relevant Level 4 qualification or above, and take reasonable steps to ensure a person meets these requirements and is suitably qualified to do the job offered.
4. Require a minimum standard of English.
5. Declare whether any suitable and available New Zealand workers were found, including any New Zealand workers who can readily be trained to do the work on offer, and provide reasons why New Zealand applicants (if any) were not suitable and/or available.

An employer is considered to have taken reasonable steps to ensure a person meets the minimum skills and experience threshold to do the job if they, or a third party such as a recruitment agency, have sighted one or more of the below:

• Evidence of relevant work experience from a third party such as work references, payslips, tax certificates, or certificates of employment.

• A qualification certificate awarded to a person that has a bachelor’s degree or higher specifying the qualification type and awarding institute.

• A relevant qualification certificate awarded to a person that specifies the qualification type and awarding institute and the employer reasonably believes it to be at least a Level 4 qualification.

An NZQA Assessment must be provided with the applicant’s Work Visa application.

If an employer utilises a third party to recruit on their behalf, they must ensure that the party is completing these checks and keeping records of the steps taken.

If you require support, please don’t hesitate to contact me (Steve) at  +64 27 2125 483

or Bernadette at  +64 22 608 9294