Immigration updates: What you need to know

Author: Steve Baker, Advisa Immigration Services Ltd. (A partner of Enterprise Recruitment)

What are the changes in the coming year?

For Employers

• This year we will see the Government’s new immigration policies mature
• Immigration NZ and Service providers in this industry will be working hard to fine tune their processes to support the changes. (With lower queues expected, the aim of quick visa turnarounds should eventuate)   
• Sectors who were reliant on minimum wage and overseas worker support, will need to find ways to adjust their business model or increase wages, before the increase of the median wage comes in February. This could potentially mean price hikes for these services as they attempt to maintain profitability
• New approvals to residency categories cannot be expected to meet pre-pandemic levels as the Government policy changes will be granting residency visas for quality and experience over lower skilled workers.
• Companies reliant on low skilled workers will need to learn to adapt to these changes

For Migrants

• After the rehaul of last year, migrants will have a clearer picture of who New Zealand will be prioritising
• Some now are already benefiting from a lower queue volume and seeing their visa processed far quicker than expected
• The new criteria for the Skilled Migrant visa will complicate pathways to residency for some migrants already onshore who will be unable to meet the criteria
• It will also limit the number of new applications from abroad, reducing the immigration queue to speed up the approval process

The prioritisation of visas for critical roles on the Green List will also continue to evolve during the year.  Below is a list of key dates and changes announced by the Government so far this year: 

• 18 January 2023: EOIs for the Skilled Migrant Category were selected again.
• 31 January 2023: People who hold a Working Holiday visa but didn't travel due to Covid-19 can get a new visa and are allowed to enter the country.
• 27 February 2023: The new median wage of NZ$29.66 an hour will be adopted into the immigration system.
• March 2023: The NZ Green list work to residence expands to include teachers as well as several construction specialisms. 
• Early 2023: NZTE & Government confirm the list of acceptable investments for the Active Investment Visa category. 
• May 2023: EOIs for Parent Resident visas can be submitted online on the Immigration New Zealand website.
• 31st May 2023: Partner Work Rights Change
• August 2023: The first selection of the new EOIs for Parent Resident visas starts and is repeated every three months.
• Late 2023: Skilled Migrant Worker Visa Changes implemented

Partner Work Rights Changes – What this Means for Employers and Recruiters

• 31st May 2023 ushered in some sweeping changes to the work rights of partners of Accredited Employer Work Visas (AEWV) and Essential Skills Work Visa (ESWV) holders.(This change means that partners of migrant workers applying for their AEWV based on - roles that pay at or above the median wage ($29.66/hr currently) but below twice the median wage AND if that role is NOT included in the Green List - will no longer get open work visas)
• Partners of the above category of migrant workers will now get Work Visa with conditions that require:

-  them to only be able to work for NZ Accredited Employers, AND

- be only able to work in a role that pay at or above the median wage

• This means that any employers/recruiters that were previously hiring from this pool of candidates, as these migrant workers could previously work with any business in NZ, at any pay and in any role, will no longer be able to do so without checking the 'conditions’ of their work visa first.

FAQs

Does this apply to partners of all work visa holders?

No. There are exceptions, these are as below. These groups will continue to receive automatic open work rights:

• Partners of Post Study Work Visa holders
• Partners of Student Visas have their own eligibility rules, and this change does not apply to them
• Partners of migrants working in occupations on the Green List (Tier 1 & Tier 2) or paid twice the median wage (the current median wage is $29.66/hr)
• Partners of New Zealand citizens or residents

These exceptions also include supporting partners who did not meet the requirements when they received their visa but have since met them through a pay hike or their role being added to the Green List. 

• Evidence of eligibility will need to be submitted as part of the Partner of a Worker Work Visa application or through a Variation of Conditions request. 
• Note that the supporting partner needs to meet the requirements that are set out for the Green List role and not just work in a role that is on the list. 

Does this mean that we can recruit from the above categories of visa holders for non- accredited businesses and in roles that pay below median wage?

Yes. The above categories in 1 can work in any role, with any employer and at any pay.

Do partners need to have a job offer to apply for this visa? 

• No, it is not a requirement. But they need to ensure that any future job offers they receive meet all the necessary conditions.
• Also, their employers will not have to complete a Job Check as part of the hiring process.

What about partners who already have a job offer? 

If partners have a job offer at the time their new visa is approved, they must ensure that their employment meets the new visa conditions.

Are partners required to work a minimum number of hours? 

No, there is no such requirement.

What if partners want to change jobs? 

• Partners can change accredited employers without having to apply for a Variation of Conditions. 
• Partners remaining in the same employment will not be impacted by future changes to employer accreditation, median wage, or Sector Agreements.

What about AEWV holders who are covered by any Sector Agreement and paid below the median wage? 

• If AEWV holders are covered by any sector agreement and paid below the median wage, their partners will NOT be eligible for a partnership-based work visa.
• However, if they receive a pay hike it means they earn at least the median wage and may be able to support their partners for a work visa. 
• Evidence of eligibility will need to be provided as part of the Partner of a Worker Work Visa application.

What about partners ability to access publicly funded health services?

• To access publicly funded health services, a migrant must hold a work visa of 2 years duration or more (or must have been lawfully in NZ for 2 years or more but must still be holding a work visa). 
• Partners who will no longer be eligible for a work visa will also not be eligible for publicly funded healthcare.

Does a couple need to live together for 12 months to be considered a 'partner' for work visa purposes?

A couple doesn't need to be living together for 12 months, but they need to meet the "living together" criteria for at least 3 or 4 months to be eligible

Looking for immigration advice? Visit advisa.co.nz