The Minister of Immigration has announced changes to the Accredited Employer Work Visa. We have summarised the changes below, but will be holding a seminar on the changes at 12.30pm, Tuesday 23 April 2024 at 1 Rimu Street – should you be unable to attend the seminar in person, you can join via Microsoft Teams. Please email migrant@parryfield.com to RSVP. A Q&A session will be part of our seminar.

Accredited Employer Work Visa

For ANZSCO level 4 and 5 jobs not on the Green List and not being paid 1.5 times the AEWV wage rate (currently the February median wage rate) –

• The maximum visa length for an AEWV is 2 (previously 5) years; and
• The total time a migrant worker (in an ANZSCO level 4 and 5 jobs) can stay on one or more AEWVs is 3 (previously 5) years.

For ANZSCO level 4 and 5 jobs, the applicant must meet the minimum standard of English (see below).

For jobs not on the Green List and not being paid 2 times the AEWV wage rate, the applicant must have –

• At least 3 years’ relevant work experience; or
• A relevant qualification at level 4 or above on the New Zealand Qualifications and Credentials Framework (NZQCF), and an International Qualification Assessment (IQA) if it is below Bachelor’s degree level.

English Language

To meet the minimum standard of English, the applicant must provide acceptable English language test results no more than two years old at the time the application is lodged.

Other evidence that an applicant meets the minimum standard of English is –

• Citizenship of Canada, the Republic of Ireland, the United Kingdom or the United States of America, provided the applicant has spent at least five years in work or education in one or more of those countries or Australia or New Zealand; or
• A qualification comparable to a New Zealand level 7 bachelor’s degree and gained in Australia, Canada, New Zealand, the Republic of Ireland, the United Kingdom or the United States of America as a result of study undertaken for at least two academic years in one or more of those countries; or
• A qualification comparable to a New Zealand qualification at level 8 or above and gained in Australia, Canada, New Zealand, the Republic of Ireland, the United Kingdom or the United States of America as a result of study undertaken for at least one academic year in one or more of those countries.

Job Check

For ANZSCO level 4 and 5 jobs, you must –

• Advertise the role for 21 (previously 14) calendar days on a general national job listing website;
• List the role with Work and Income for 21 calendar days; and
• Declare in the Job Check why any New Zealanders who applied were not hired.

Employer Accreditation

As a reminder –

• Before a migrant can begin working for you, you must check that their visa gives them the right to work for you in New Zealand. You can do so by having the migrant show you a document as evidence of their right to work for you in New Zealand (for example, their valid New Zealand work visa, New Zealand residence class visa etc.) or by using VisaView. You must document the expiry date of your migrant workers’ visas and remind them about their visa expiry dates.
• You must provide your migrant workers with information about the local community and services and employee work-related matters within one month of employment.
• You must provide your migrant workers with sufficient time during paid work hours to complete Employment Learning Modules within one month of employment, and everyone who makes recruitment decisions must complete Employment Learning Modules once every accreditation period.
• You must employ your migrant workers for at least 30 hours per week.

There are new Employer Accreditation obligations –

1. You must advise Immigration New Zealand within 10 days if one of your migrant workers stops working for you. You do not need to let Immigration New Zealand know about migrant workers that leave within a month of their visa
2. You must take reasonable steps to ensure that the migrant worker you are hiring –
   1. meets the minimum skills threshold; and
   2. is suitably qualified by work experience or qualifications to do the job offered.

Employers being actively investigated for any breach of Employer Accreditation may have their accreditation suspended for up to 3 months or until there is an outcome of the investigation. Previously, Employer Accreditation could only be suspended for breaches of some Employer Accreditation requirements.

Employer Accreditation can be revoked where –

• An employer has not provided information and/or documentation which has been requested by Immigration New Zealand within 10 working days without reasonable justification; or
• An employer refused Immigration New Zealand entry to conduct a site visit without reasonable justification; or
• Immigration New Zealand is not satisfied that an employer has continued to meet the Employer Accreditation requirements.

Please note that this article not a substitute for legal advice and you should contact your lawyer about your specific situation. Please contact us by email immigration@parryfield.com or by phone 03 348 8480, if you have any questions.

On 30 September 2021, the Minister of Immigration announced a “one-off” and “simplified pathway to residence” – the 2021 Resident Visa.

Am I eligible?

To be eligible for the 2021 Resident Visa, you must:

• have been in New Zealand on 29 September 2021 – we note those in Australia who have not been able return to New Zealand by 29 September 2021 may be eligible; and
• be on an eligible visa or have applied for an eligible visa on or before 29 September 2021 that is later granted.

You must also:

• have lived in New Zealand for three or more years; OR
• earn at or above the median wage (which is $27 per hour); OR
• work in a role on a scarce list.

You must meet one of the three criteria above – you do not have to meet all three.

Do I have an eligible visa?

Your visa is an eligible visa if it is a:

• Post Study Work Visa;
• Talent (Accredited Employer) Work Visa;
• Essential Skills Work Visa;
• Religious Worker Work Visa;
• Talent (Arts, Culture, Sports) Work Visa;
• Long Term Skill Shortage List Work Visa;
• Silver Fern Practical Experience Work Visa;
• Trafficking Victim Work Visa;
• Migrant Exploitation Protection Work Visa;
• Skilled Migrant Category Job Search Work Visa;
• Victims of Family Violence Work;
• Visa South Island Contribution Work Visa;
• Work Visa granted under Section 61 (provided you held another eligible visa type within 6 months before being granted a Section 61 visa); and
• Critical Purpose Visitor Visa (CPVV) if:
  • You are a critical health worker for a longer term role (6 months or longer); and
  • You are an other critical worker for long term role (longer than 6 months).

You will not be eligible visa if you are in a short term or seasonal role on a Critical Purpose Visitor Visa or are on a:

• Visitor Visa;
• Student Visa;
• Working Holiday Visa;
• Seasonal Visa (e.g. a Recognised Seasonal Employer Limited Visa); or
• Partnership-based Work Visa.

Have I lived in New Zealand for three or more years?

You will have lived in New Zealand for the past three or more years if you:

• arrived in New Zealand on or before 29 September 2018; and
• have spent a minimum of 821 days in New Zealand between 29 September 2018 and 29 September 2021 (inclusive).

You do not need to have spent 821 days in New Zealand consecutively. And there is no minimum amount of days within a calendar year.

You may request your travel movement summary from Immigration New Zealand if you do not know whether or not you have spent 821 days in New Zealand between 29 September 2018 and 29 September 2021 New Zealand.

We are able to request your travel movement summary on your behalf.

Do I earn at or above the median wage?

You must be paid the median wage of NZD $27 per hour or above on 29 September 2021.

If your pay increased to $27 per hour after 29 September 2021, it’s tough luck.

As well as earning at or above the median wage, do I have to be working full time (i.e. 30 or more hours per week)?

We do not know, however, more information will be available at the end of October.

Do I work in a role on a scarce list?

You must work in a job that is on a scarce list on 29 September 2021. The scarce lists are:

• The Long Term Skill Shortage List; and
• The “Requiring occupational registration in the health or education sector” list; and
• The “Personal carer and other critical health workers” list; and
• The “Primary sector jobs” list.

When will I be able to apply?

From 1 December 2021, you can apply if:

• you have already applied for residence under the Skilled Migrant and Residence from Work categories (e.g Long Term Skill Shortage List Resident Visa) before 29 September 2021; or
• you have submitted a Skilled Migrant Category Expression of Interest, and have included your dependent child in the Expression of Interest aged 17 years or older before or on 29 September 2021.

From 1 March 2022, all other eligible applicants can apply, including all others who have submitted a Skilled Migrant Category Expression of Interest.

All applications must be made by 31 July 2022.

What is the processing time?

We do not yet know, but the Minister of Immigration has said “The application process for the 2021 Resident Visa is simplified to deal with applications as quickly as possible. … The one-off arrangement for the new 2021 Resident Visa would see the majority of applications granted within a year of the category opening.”

Am I able to include my partner and/or dependent(s) in my application?

You may include your partner and/or dependents(s), whether they are in New Zealand or overseas, in your 2021 Resident Visa application.

How much will Immigration New Zealand charge to process my application?

More information will be available by the end of October. We will be able to let you know then.

Because it is a simplified pathway to residence, will I still have meet character and health requirements?

The Minister of Immigration has said, “Applicants will still need to meet health requirements and pass police and security checks, as is required under the current residence application process.”

However, overseas police certificates will not be required unless specifically requested by an Immigration Officer. Limited medical certificates and chest x-ray certificates may be required for some people. Immigration New Zealand may request further information as part of the application process.

What will the application process be like? Will I be able to apply online?

Applications can be submitted online.

What about the Skilled Migrant Category? When will that be reopened?

To prioritise processing of the 2021 Resident Visa, selections from the Skilled Migrant Category Expressions of Interest pool will remain closed until the 2021 Resident Visa closes on 31 July 2022.

Have questions that we have not answered? Please contact us on 03 348 8480 or by email to Viv Zhang – VivZhang@parryfield.com and Rebecca Nicholson – RebeccaNicholson@parryfield.com.

If you would be interested in attending a seminar in relation to the 2021 Resident Visa, please email Joanne Li –  JoannelLi@parryfield.com.

Please note that this is not a substitute for legal advice and you should contact Parry Field Lawyers or your lawyer about your specific situation.

2021 居民签证——您的问题得到解答！

2021 年 9 月 30 日，移民部长宣布了一项“一次性”和“简化的居留途径”——2021 年居民签证。

我合符资格吗？

要获得 2021 年居民签证，您必须：

• 2021 年 9 月 29 日在新西兰——我们注意到那些在 2021 年 9 月 29 日之前无法返回新西兰的澳大利亚人也可能合符资格；并且
• 持有符合条件的签证或在 2021 年 9 月 29 日或之前已经申请符合条件的签证，且该签证后来获得批准。

同时您还必须：

• 在新西兰居住三年或以上；或者
• 收入等于或高于工资中位数（每小时 $27.00 ）；或者
• 在稀缺名单上工作。

您必须满足上述三个标准之一——您不必同时满足所有三个标准。

我有符合条件的签证吗？

如果您的签证是以下其中一种，那么是符合条件的：

• 毕业后开发性工作签证；
• 优才（认可雇主）工作签证；
• 技能工作签证；
• 宗教工作者工作签证；
• 优才（艺术、文化、体育）工作签证；
• 长期短缺工作签证；
• 签证南岛贡献工作签证；
• Silver Fern 实践经验工作签证；
• 贩卖受害者工作签证；
• 移民剥削保护工作签证；
• 技术移民类求职工作签证；
• 家庭暴力工作的受害者；
• 根据第 61 条授予的工作签证（前提是您在获得第 61 条签证之前的 6 个月内持有另一种符合条件的签证类型）；和
• 关键目的访客签证 (CPVV)，如果：

o 您是长期（6 个月或更长时间）的关键卫生工作者；和

o 您是其他长期超过 6 个月）的关键工作人员。

如果您持有的是短期或季节性职位关键目的访客签证，或者您持有的是以下其中一种签证，那么您将不符合资格申请居留签证：

• 旅游签证；
• 学生签证;
• 打工度假签证；
• 季节性签证（例如认可的季节性雇主有限签证）；或者
• 配偶类工作签证。

我是否在新西兰居住了三年或更长时间？

如果您符合以下条件，那么您在过去三年或更长时间内在新西兰居住：

• 2018 年 9 月 29 日或之前抵达新西兰；并且
• 2018 年 9 月 29 日至 2021 年 9 月 29 日（含）期间在新西兰逗留至少 821 天。

您无需连续在新西兰待 821 天。并且在一个日历年内没有最少天数的限制。

如果您不知道您是否在 2018 年 9 月 29 日至 2021 年 9 月 29 日期间在新西兰度过了 821 天，您可以向新西兰移民局索取您的出入境记录。

我们可以代表您索取您的出入境记录。

您的收入是否等于或高于工资中位数？

您必须在 2021 年 9 月 29 日获得每小时 27 新西兰元或以上的工资中位数。

如果您的工资在 2021 年 9 月 29 日之后才增加到每小时 27 新西兰元，那就太倒霉了。

除了收入等于或高于中位数工资外，我是否必须全职工作（即每周工作 30 小时或更多小时）？

我们暂时不知道，但是，更多信息将在 10 月底提供。

我是否在稀缺名单上工作？

在 2021 年 9 月 29 日， 您必须已经从事稀缺名单上的工作。稀缺名单是：

• 长期短缺清单；和
• “需要在卫生或教育部门进行职业注册”清单；和
• “个人护理人员和其他重要卫生工作者” 清单；和
• 主要部门工作清单。

FOR EMAIL – 请看附件。

我什么时候可以递交申请？

如果您符合以下情况之一，就可以在2021 年 12 月 1 日开始递交申请：

• 您已经在 2021 年 9 月 29 日之前递交了技术移民申请或工作居留类别下的居留申请（例如长期技能短缺清单居民签证）；或者
• 您已经提交了技术移民类别的意向书，并且在 2021 年 9 月 29 日或之前已将您的17 岁或以上的受抚养子女包括在您的意向书中。

从 2022 年 3 月 1 日起，所有其他符合条件的申请人都可以递交申请，包括提交了技术移民类别意向书的其他所有人。

所有申请必须在 2022 年 7 月 31 日之前提交。

申请处理时间是多久？

我们还不知道，但移民部长已表示：“简化了 2021 年居民签证的申请流程，以尽快处理申请。 ……新的 2021 年居民签证的一次性安排将使大多数申请在类别开放后的一年内获得批准。”

我可以在我的申请中包括我的伴侣和/或受抚养子女吗？

您可以在您的 2021 居民签证申请中包括您的伴侣和/或受抚养子女，无论他们在新西兰还是海外。

新西兰移民局将收取多少费用来处理我的申请？

更多信息将在 10 月底提供。届时我们会通知您。

因为它是一种简化的居住途径，我是否仍然符合性格和健康要求？

移民部长表示：“申请人仍需要满足健康要求，并通过警察和安全检查，这是目前居留申请程序所要求的。”

但是，除非移民官特别要求，否则不需要海外无犯罪证明。某些申请人可能需要提供有限的医疗证明和胸部 X 光证明。作为申请过程的一部分，新西兰移民局可能会要求提供更多信息。

申请流程是怎样的？我可以网上申请吗？

申请可以网上提交。

技术移民类别呢？那什么时候会重新开放？

为了优先处理 2021 居民签证，池中的技术移民类别意向书选择将继续关闭，直到 2021 居民签证于 2022 年 7 月 31 日关闭。

还有我们尚未回答的问题？请致电 03 348 8480 或发送电子邮件至 Viv Zhang – VivZhang@parryfield.com 和 Rebecca Nicholson – RebeccaNicholson@parryfield.com 与我们联系。

如果您有兴趣参加有关 2021 年居民签证的研讨会，请发送电子邮件至 Joanne Li – JoannelLi@parryfield.com。

请注意，以上不能代替法律建议，您应该就您的具体情况联系 Parry Field Lawyers 或您的律师。

Accredited Employer Work Visa

The Accredited Employer Work Visa (“AEWV”) was to replace six temporary work visa categories on 1 November 2021:

• Essential Skills Work Visa;
• Essential Skills Work Visa – Approval in Principle;
• Talent (Accredited Employer) Work Visa;
• Long Term Skills Shortage List Work Visa;
• Silver Fern Job Search Visa; and
• Silver Fern Practical Experience Visa.

However, the introduction of the AEWV has been delayed until mid-2022.

Before hiring a migrant on the Accredited Employer Work Visa, an employer will need to:

1. apply for accreditation under the new system – “the Employer Check”;
2. apply for a job check to make sure the role they want to fill cannot be done by New Zealanders – “the Job Check”/”the Labour Market Test”; and
3. request a migrant worker to apply for a visa – “the Worker Check”.

Talent (Accredited Employer) Work Visa

To be able to apply for a Talent (Accredited Employer) Work Visa:

• The employer must be an accredited employer; and
• The applicant will have to be paid at least NZD $79,560 per year (before tax).

Under the Talent (Accredited Employer) Category, there is a pathway to residence. A Talent (Accredited Employer) Work Visa holder may apply for residence if:

• they have been employed by an accredited employer for at least 24 months; and
• they earn:
  • at least $55,000 a year; or
  • at least $79,560 a year if they applied for their Talent (Accredited Employer) Work Visa on or after 7 October 2019.

The Talent (Accredited Employer) Work Visa was one of the six temporary work visa categories to be replaced on 1 November 2021 by the AEWV. However, while the introduction of the AEWV has been delayed to mid-2022:

• The Talent (Accredited Employer) Work Visa will be phased out on 1 November 2021, and as such, will close to any new applications on 31 October 2021; and
• The last day for an employer to apply for accreditation (for the Talent (Accredited Employer) Work Visa) was 30 June 2021.

So:

• if an employer is not accredited, but would like to be; or
• if an employer is accredited and would like to employ new migrants between 1 November 2021 and mid-2022 under the Talent (Accredited Employer) Category;

it’s tough luck – no can do!

The pathway to residence for a Talent (Accredited Employer) Work Visa holder, however, will be maintained after 1 November 2021. So, Talent (Accredited Employer) Work Visa holders will be able to apply for residence after 1 November 2021 as long as they meet their Visa conditions.

Essential Skills Work Visa

Whilst the Talent (Accredited Employer) will close to any new migrants on 31 October 2021, a person will be able to apply for an Essential Skills Work Visa (“ESWV”) until the AEWV is introduced in mid-2022.

To apply for an ESWV, the employer must have determined that there are any no New Zealand citizens or residents available to do the work offered (i.e. the Labour Market Test), except, for example:

• If the job is on one of the Skill Shortages Lists/Essential Skills in Demand Lists and the applicant is able to meet the qualification and/or work experience
  requirements listed.

INZ will also require a Skills Match Report if, for example, the applicant will paid below the median wage (which at the moment is $27 per hour) and the role is not undersupplied.

Unlike the Talent (Accredited Employer) Work Visa, with the ESWV there is no employer accreditation requirement and no pathway to residence.

Changes were made to the ESWV settings on 19 July 2021 to:

• Extend the maximum duration from 12 to 24 months when paid below the median wage (which at the moment is $27 per hour);
  • The duration when paid the median wage or above has not changed – it is three years;
• Where the applicant is remaining in their current full time employment and not changing their role, employer or region of work, not require:
  • A Labour Market Test (nor Skills Match Report) if the applicant is a holder of a:
    • Any type of work visa (including a Working Holiday Visa);
    • A student visa that has unlimited work rights (i.e. to study Masters or PhD degree); or
    • A Critical Purpose Visitor Visa granted as a critical health worker, or granted for more than six months as an “other critical worker”;
  • An Employment Agreement;
  • Evidence of the applicant’s qualification(s), work experience and/or occupational registration;
• Not require a Medical Certificate and/or Chest X-ray Certificate if they were previously supplied with a Visa application, even if they were provided more than
  36 months ago.
• Not require a Police Certificate(s) if they were previously supplied with a Visa application, even if they were provided more than 24 months ago.

Please note that this is not a substitute for legal advice and you should contact your lawyer about your specific situation. Please feel free to contact us on 03 348 8480 or by email to Viv Zhang – VivZhang@parryfield.com and Rebecca Nicholson – RebeccaNicholson@parryfield.com.