RECENT CHANGES IN NEW ZEALAND’S IMMIGRATION POLICIES – WHAT YOU NEED TO KNOW

New Zealand’s immigration settings have seen several notable changes in recent months, applying to visa applicants and New Zealand employers alike. Here are the notable updates in Immigration to date:

1. Adjusted duration of Accredited Employer Work Visas

Several changes are anticipated for Accredited Employer Work Visas (AEWV) starting from 27 November 2023:

• The duration of AEWVs will extend to 5 years if the role pays at least the median wage.
• This means that AEWV holders earning median wage income or above can remain in New Zealand for 5 years, followed by a mandatory 12-month absence from New Zealand before being eligible for a new AEWV.
• Existing AEWV holders approved on or before 26 November 2023 can apply for an extension of their work visa of up to 5 years if their job meets the median wage criterion. Their employer will not need another Job Check provided the applicant’s role and visa conditions remain the same.

There are similar changes for those applicants under the Care Workforce Sector Agreement earning below the median wage. The duration of their AEWVs extends from 2 to 3 years for relevant visas approved from 27 November 2023.

2. Changes to Interim Visas

Interim Visas are frequently issued to migrants awaiting temporary visa outcomes, but typically not for residence applications alone. Beginning on 09 October 2023, a unique Skilled Migrant Category Interim Visa will maintain applicants’ legal status during the assessment of Skilled Migrant Category resident visas.

The introduction of this Skilled Migrant Category Interim Visa will coincide with the introduction of a simplified points system for the Skilled Migrant Category as a whole. Stay tuned for more detailed information from Wakefields Lawyers on the revised points system.

There are also further adjustments to the conditions of Interim Visas issued to await temporary visa outcomes from 11 August 2023 onwards. We recommend applicants check these carefully to avoid inadvertently breaching these conditions.

3. Employer obligations

The AEWV scheme has received significant media scrutiny in recent weeks in relation to claims that the new system is blind to migrant exploitation. While we expect there may be some reactionary tightening of the scheme, at Wakefields Lawyers we continue to emphasise the fundamental importance that accredited employers be conscious of their obligations, both under employment law and specifically under the terms of their accreditation with Immigration New Zealand.

For assistance in understanding your visa’s conditions, and your employer obligations, or in making an application, don’t hesitate to consult Wakefields lawyers. We understand that keeping up with the changes in New Zealand’s immigration settings, and successfully completing visa applications can be a daunting process. Contact the friendly team at Wakefields Lawyers today on (04) 970 3600 or email info@wakefieldslaw.com.

– Billy Hansen (Solicitor)