New Zealand (NZ) has become a thriving hub for entrepreneurs, offering a supportive environment and an attractive destination with its natural beauty, high living standards, and welcoming approach to immigrants. Entrepreneurs can establish themselves in NZ through the Entrepreneur Work Visa, leading to the Entrepreneur Resident Visa, offering a pathway to contribute to the economy and gain residency.

Entrepreneur Work Visa (EWV)

The EWV is the starting point for business owners or managers who wish to set up or buy a business in NZ. This visa allows successful applicants to buy or establish a business, offering a potential pathway to residency. The visa is valid for up to three years and is divided into two stages: a 12-month Start-up stage and a 24-month Balance stage.

Initial Entry (Start-up Stage): The first 12 months are designed to allow the applicant time to establish their business in NZ. During this period, the visa holder is expected to take tangible steps such as registering the company, securing premises, and hiring employees.
Balance Stage: After completing the Start-up Stage, the visa holder may continue operating their business for an additional 24 months. To progress to this stage, applicants must show sufficient progress in establishing their business and demonstrate its viability.
Pathway to Residency: The EWV is often seen as a stepping stone to the Entrepreneur Resident Visa, which offers residency for those who have successfully established a business.

Basic Requirements for EWV

To be eligible for an EWV, applicants must meet several key requirements:

Minimum Capital Investment: Applicants must have a minimum capital investment of NZD $100,000 in their business. However, in exceptional cases, Immigration New Zealand (INZ) may waive this requirement for businesses that offer unique benefits to the country.
Business Plan: A detailed business plan is a crucial part of the application process. This plan, dated within three months of the application, should outline the nature of the business, its structure, market opportunities, and expected financial outcomes. It must also show how the business will benefit NZ through job creation, innovation, or export opportunities.
Business Experience: Applicants must demonstrate relevant business experience or a proven track record in a related field, such as prior business ownership, management, or industry-specific expertise.
Health, Character, and Language Requirements: All applicants must meet INZ’s health and character requirements. Also, English proficiency is required, usually demonstrated by a score of at least 4 in the IELTS General or Academic module.
Points System: Like many NZ visa categories, the EWV operates on a points-based system. Applicants need a minimum of 120 points, with points awarded based on factors such as investment amount, job creation, business location (bonus points for businesses outside Auckland), and the applicant’s experience.

Application Process

The EWV application involves several steps:

Submit an Expression of Interest (EOI): Applicants begin by submitting an EOI, outlining their business proposal and points calculation.
EOI Assessment: If the EOI meets the 120-point threshold, it will undergo further assessment, and the applicant may be invited to submit a full visa application.
Submit Full Application: The full application includes detailed supporting documents such as the business plan, financial records, proof of investment funds, and evidence of business experience. INZ will also assess the business’s potential contribution to NZ’s economy.
Approval: If approved, the applicant receives the EWV, enabling them to enter NZ and start their business.

Entrepreneur Resident Visa (ERV)

After establishing and running a successful business under the EWV, visa holders may become eligible for the ERV, which grants residency to individuals who have proven their ability to contribute to NZ’s economy.

Requirements:

Business Success: Applicants must have successfully run a business in NZ for at least two years under the EWV. A fast-track option allows those who demonstrate exceptional business success to apply after just six months if they have invested at least NZD $500,000 and created at least three full-time jobs for NZ citizens or residents.
Character, Health, and Language: Applicants must meet the residency class requirements for character, health, and English proficiency.

Temporary visa holders who have conditions which allow for self-employment may not be aware that they also may be eligible for residency under the ERV category. If you have been holding a visa other than an EWV which allow self-employment (for example, an open partner work visa), you can apply for an ERV provided that you can demonstrate you meet the requirements for both an EWV and ERV.

Application Process

Submit Residency Application: Applicants must provide evidence of having successfully operated their business for the required period, including financial statements, tax records, employment contracts, and proof of meeting job creation or investment criteria.
INZ Assessment: INZ will evaluate the business’s viability and its contribution to the economy. If approved, the applicant and their family are granted permanent residency.

Benefits of the Entrepreneur Visas

Among the many advantages of this visa category, we highlight the key benefits that attract applicants and their families seeking both business success and a high quality of life in New Zealand:

Pathway to Residency: These visas offer a structured route to permanent residency, enabling entrepreneurs and their families to settle in NZ.
Supportive Business Environment: NZ’s ease of doing business, transparent regulations, and dynamic economy foster innovation and entrepreneurship.
Quality of Life: NZ offers stunning natural landscapes, safe cities, excellent healthcare, and high-quality education, making it an appealing destination for relocation.
Access to Global Markets: Located in the Asia-Pacific region, NZ provides easy access to major markets such as Australia, China, and Southeast Asia.

Common Pitfalls of the Entrepreneur Visas

We also list common pitfalls that can undermine an otherwise strong application, potentially leading to delays, rejections, or difficulties during the visa process:

Unrealistic or Poorly Developed Business Plan: Business plans that lack detail, market research, or clear and realistic financial projections may lead to rejection.
Insufficient Capital Investment: Failure to meet the minimum investment requirement of NZD $100,000 can result in an unsuccessful application.
Inadequate Business Experience: Lack of relevant business experience or industry knowledge can weaken INZ’s confidence in your ability to run a successful business.

Message to Applicants

For entrepreneurs looking to expand their horizons and build a life in one of the world’s most picturesque and business-friendly countries, the entrepreneur visas are ideal pathways. However, the decline rate is relatively high – meeting the 120-point threshold may, on the face of it, seem relatively easy, but it is a complex application requiring sound legal advice. It is also important to have an experienced team who can advise whether it is the right pathway for you (as there may be alternative easier pathways to residence you have not considered).

With the right business plan, investment, and commitment, entrepreneurs can turn their vision into reality while contributing to NZ’s growing economy. Our team is happy to assist you throughout this journey.

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.

请注意，本文不构成法律建议，您应就您的具体情况联系您的律师。如有任何疑问，请通过邮箱 immigration@parryfield.com 或电话 03 348 8480 联系我们。

Planning a New Zealand Getaway for Christmas and New Year Holidays or Chinese and Lunar New Year? Here is your Visa Guide!

计划在圣诞和新年假期或中国春节期间前往新西兰度假吗？这是您的签证指南！

New Zealand (NZ) is renowned for its stunning landscapes, diverse wildlife, and vibrant culture, making it a popular destination for tourists and those visiting family. If you are looking to escape the winter chill in the Northern Hemisphere during the Christmas/New Year holidays or planning a trip to visit loved ones during the Chinese New Year, NZ offers the perfect warm-weather getaway.

新西兰以其壮丽的自然风光、多样的野生动植物和丰富的文化闻名，是游客和探亲者的热门目的地。如果您打算在圣诞节/新年假期期间逃离北半球的冬季寒冷，或计划在春节期间探亲访友，新西兰是一个温暖的度假胜地。

For those from non-visa waiver countries, a General Visitor Visa or Parent/Grandparent Visitor Visa may be required. With recent updates to visa requirements, we are here to guide you through the process and offer tips to make your application smoother.

对于来自非免签国的游客，您可能需要申请普通访问签证或父母/祖父母访问签证。由于最近对签证要求的更新，我们将为您提供申请过程的指导和一些实用的申请建议。

General Visitor Visa 普通访问签证

The General Visitor Visa is for individuals wishing to visit NZ for a short period for tourism or family visits. This visa allows you to stay in the country for up to 6 or 9 months within an 18-month period (depending on whether the visa is single or multiple entry).

普通访问签证适用于希望短期访问新西兰的个人，用于旅游或探亲。该签证允许您在18个月内在新西兰停留最多6至9个月（取决于签证是单次入境还是多次入境）。

Basic Requirements 基本要求：

Valid Passport: Your passport must be valid for at least three months beyond your intended departure date from NZ. 有效护照：您的护照必须在计划离开新西兰之日起至少三个月内有效。

Genuine Intentions: You must demonstrate that your visit is temporary and provide clear plans for returning to your home country. 真实访问意图：您需要证明您的访问是临时的，并提供明确的回国计划。
Sufficient Funds: You need to show evidence that you have enough money to cover your stay in NZ, which can be demonstrated through bank statements or other financial documents. 充足的资金：您需要提供足够资金支持在新西兰的停留，这可以通过银行对账单或其他财务文件来证明。
Proof of Onward Travel Arrangements: You must provide evidence of your travel plans, such as a return ticket or onward travel arrangements. 有证据的后续旅行安排：您必须提供您的旅行计划，如返程机票或后续旅行的安排。
Health and Character: In some cases, applicants may need to undergo medical exams to prove an acceptable standard of health and provide police certificates to prove good character. 健康和品行：在某些情况下，申请人可能需要进行健康检查以证明其健康状况，并提供无犯罪记录证明。
English Translations: If any of your documents are not in English, certified English translations must be provided. 英文翻译：如果您的文件不是英文的，必须提供经过认证的英文翻译件。

Parent/Grandparent Visitor Visa父母/祖父母访问签证

NZ offers a special visitor visa for parents and grandparents of NZ citizens or residents. This visa allows visits of up to six months at a time, with a total stay of 18 months over a three-year period (or four-year period in the case of nationals of the United States of America or five-year period in the case of nationals of the People’s Republic of China).

新西兰为新西兰公民或居民的父母和祖父母提供特殊访问签证。此类签证允许每次访问最长6个月，总计18个月的停留时间（美国国民可以停留四年，中国国民可以停留五年）。

Basic Requirements: 基本要求：

Valid Passport: Your passport must be valid for at least 3 months beyond your intended departure date from NZ. 有效护照：您的护照必须在计划离开新西兰之日起至少三个月内有效。
Sponsors: Your sponsor must be a NZ citizen or resident. 担保人：您的担保人必须是新西兰公民或居民。
Relationship to Sponsor: The sponsor must be your child, grandchild, or the parent of your child/grandchild. 与担保人的关系：担保人必须是您的子女、孙子或您子女/孙子的父母。
Multiple Visits: The visa allows for multiple entries, providing flexibility to visit NZ several times over three years. 多次访问：此签证允许多次入境，提供了在三年内多次访问新西兰的灵活性。
Health and Character: A chest X-ray and medical examination are required. In some cases, police certificates may be needed to prove good character. You or your sponsor must agree to cover your healthcare costs. 健康和品行：需要进行胸透和体检。在某些情况下，可能需要提供无犯罪记录证明。您或您的担保人必须同意支付您的医疗费用。
English Translations: Certified English translations are required if any documents are not in English. 英文翻译：如果文件不是英文的，必须提供经过认证的英文翻译件。

Application fee and processing timeframe申请费用和处理时间

Please note that application fees are non-refundable, so ensure all documents are submitted correctly to avoid delays or rejections.

请注意，申请费用不予退还，因此请确保正确提交所有文件以避免延误或拒签。

Application Fee: The online application fee for Immigration New Zealand (INZ) is NZD $441, which includes a NZD $100 International Visitor Conservation and Tourism Levy (IVL). Additional fees may apply for paper applications or if using third-party visa service providers. 申请费用：新西兰移民局的在线申请费用为441纽币，其中包括100纽币的国际游客保护和旅游税（IVL）。纸质申请或使用第三方签证服务提供商可能会产生额外费用。
Processing Timeframe: Processing times vary depending on INZ’s workload. Currently, General Visitor Visas are typically processed within four weeks, while Parent/Grandparent Visitor Visas take up to three months. 处理时间：处理时间取决于新西兰移民局的工作量。目前，普通访问签证通常在四周内处理，而父母/祖父母访问签证则需要长达三个月的时间。

Maximum duration of a General Visitor Visa

Please double-check your visa conditions once your application is approved. A multiple-entry general visitor visa may allow the holder to enter NZ and stay for a maximum of six months within a 12-month period before the end of the current stay. This is referred to as the “6 in 12 months rule”.

Also, if the visa holder wishes to extend their stay, they must not have been in NZ for more than nine months in the preceding 18-month period at the time of submitting the application. This is known as the “9 in 18 months rule”.

If you are unsure which rule applies to your situation, feel free to contact us for clarification.

Common pitfalls and tips常见陷阱和建议

The INZ process can be detailed, so give yourself enough time before your travel date. Here are some common pitfalls and tips to help you through your visa application. If you need specific advice, feel free to contact our team—we’re always happy to help.

新西兰移民局的申请过程可能比较复杂，因此请在旅行日期之前留出足够的时间。以下是一些常见的陷阱和建议，以帮助您顺利完成签证申请。如果您需要具体的建议，请随时联系我们的团队——我们随时乐意为您提供帮助。

Ensure Your Passport is Valid: Make sure your passport is valid for at least three months beyond your departure date from NZ. This applies to any family members or children traveling with you. Provide a clear, scanned copy of the photo page of your passport with all the necessary information. 确保护照有效：请确保您的护照在离开新西兰之日起至少三个月内有效。这也适用于与您同行的家人或孩子。提供护照照片页的清晰扫描件，并附上所有必要的信息。
Submit an Acceptable Visa Photo: Your visa application must include a recent photo (taken within the last six months) that meets INZ’s specifications. An unacceptable photo may cause delays, so ensure it follows the guidelines. 提交合格的签证照片：您的签证申请必须包含符合新西兰移民局规格的近期照片（在过去六个月内拍摄）。不合格的照片可能会导致延误，因此请确保照片符合要求。
Double-Check Your Information: Ensure all personal details in your application (name, passport number, date of birth) are accurate and match your passport exactly. Small errors can lead to delays, especially when boarding your flight. 仔细检查信息：确保申请中的所有个人信息（姓名、护照号码、出生日期）与护照完全一致。小错误可能会导致延误，特别是在登机时。
Demonstrate Genuine Intentions: You can strengthen your application by including documents like proof of employment, property ownership, return flight tickets, or a letter explaining your intentions. If you apply offshore and do not provide sufficient evidence to satisfy INZ you are a genuine visitor, INZ do not have to give you an opportunity to respond to their concerns and can decline your visa application. 证明真实访问意图：您可以通过提供就业证明、房产所有权、返程机票或解释信来加强申请。如果您在境外申请，未能提供足够证据证明您是访客，新西兰移民局可能不会给您回应其疑虑的机会，并可能拒绝您的签证申请。
Provide Certified English Translations: From 17 June 2024, all supporting documents must be accompanied by certified English translations. 提供认证的英文翻译件：从2024年6月17日起，所有支持文件都必须附有经过认证的英文翻译件。
Show Sufficient Funds or Sponsorship: You must provide evidence that you either have sufficient funds to support your stay in NZ or have an acceptable sponsor. 显示足够的资金或担保：您必须提供证明，显示您有足够的资金支持您在新西兰的停留，或有合格的担保人。

Message for applicants给申请人的信息

Applying for a General Visitor Visa or a Parent/Grandparent Visitor Visa can be straightforward if you follow the correct steps and submit all required documents accurately.

如果您遵循正确的步骤并准确提交所有所需文件，申请普通访问签证或父母/祖父母访问签证是相对简单的。

If you need tailored advice, do not hesitate to contact our team before booking your flights. We are here to help you streamline your visa process, allowing you to enjoy your trip to NZ without unnecessary delays.

如果您需要量身定制的建议，请在预订机票前随时联系我们的团队。我们会帮助您简化签证流程，避免不必要的延误，让您尽情享受新西兰之行。

Using a licensed immigration advisor or lawyer can increase the chances of your application being approved. Beware of unlicensed people – we have heard many horror stories from applicants who have used unlicensed people, such as forging supporting documentation, providing misleading information to INZ and applying for the wrong visitor visa type. This can affect future visa applications and result in visa applications being declined and denied boarding to travel to New Zealand. It is important to get it right from the start!

咨询执牌顾问或律师可以提高申请批准的几率。请提防无执照的人员——我们听过很多申请人使用无执照人员的恐怖经历，例如伪造支持文件、向新西兰移民局提供误导信息以及申请错误的签证类型。这会影响未来的签证申请，并导致签证申请被拒绝以及被拒绝登机前往新西兰。因此，务必要从一开始就做对！

Safe travels, and enjoy your time in New Zealand! 祝您旅途愉快，尽情享受在新西兰的时光！

请注意，本文不构成法律建议，您应就您的具体情况联系您的律师。如有任何疑问，请通过邮箱 immigration@parryfield.com 或电话 03 348 8480 联系我们。

移民部长宣布了对雇主认证工签的变更。以下是我们总结了的变更，而且我们将会在2024年4月23日星期二中午12:30在1 Rimu Street举办有关这些变更的研讨会 — 如果您无法亲身来参加研讨会，您可以通过Microsoft Teams在网上参加。请发送电子邮件到migrant@parryfield.com 进行预约。我们的研讨会将包括问答环节。

雇主认证工作签证

对于澳大利亚和新西兰职业标准分类(ANZSCO)中 4级和5级工作，如果既不在绿名单上且工资未达到认证雇主工签的工资标准的1.5倍（现在是2月中位数工资标准）—

认证雇主工签的最长签证期限为2年（之前是5年）；以及
一个移民员工（从事澳大利亚和新西兰职业标准分类 4级和5级工作）在一个或多个认证雇主工签上停留的总时间为3年（之前是5年）。

对于澳大利亚和新西兰职业标准分类 4级和5级工作，申请人必须符合最低英语标准（请看以下说明）。

对于既不在绿名单上且工资未达到认证雇主工签的工资标准2倍的工作，申请人必须有 —

至少3年的相关工作经验；或者
新西兰资格证书（NZQCF）4级或以上的相关学历，如果低于大学本科水平则同时需要提供国际资格评估（IQA）证书。

英语水平

申请人必须在递交申请时提供两年以内的英语测试成绩单，以证明符合最低英语水平要求。

其他能证明申请人符合最低英语标准的有以下 —

加拿大、爱尔兰、英国或美国的公民，并且申请人在这些国家或澳大利亚或新西兰工作或接受教育至少五年；或
在澳大利亚、加拿大、新西兰、爱尔兰、英国或美国完成至少两年学习，并取得与新西兰7级大学本科相当的学历；或
在澳大利亚、加拿大、新西兰、爱尔兰、英国或美国完成至少一年学习，并取得与新西兰8级或以上资格相当的学历。

工作检查

对于ANZSCO 4级和5级工作，您必须—

将职位广告在一个面向全国的工作网站上刊登21天（之前是14天）；
将职位在工收局上发布21天；
在工作检查中解释为什么没有录用任何新西兰本地申请人。

雇主认证

提醒一下：

在移民员工开始为您工作之前，您必须核实他们的签证是否允许他们在新西兰为您工作。您可以通过要求移民员工向您展示（例如，他们的新西兰工作签证、新西兰居留类签证等等）来确认他们有权在新西兰为您工作，或者使用网站VisaView来进行核实。您必须记录您的移民员工签证的有效日期，并提醒他们签证到期的日期。
在雇佣后一个月以内，您必须向您的移民员工提供关于当地社区和服务以及员工工作的相关信息。
在雇佣后一个月以内，您必须在带薪的工作时间内为您的移民员工提供足够的时间完成就业培训，并且每个招聘决策者在每个认证期内必须完成就业培训。
您必须向移民员工提供每周至少30个小时的工作时长。

雇主认证的新义务 –

如果您的任何一名移民员工停止为您工作，您必须在10天内通知新西兰移民局。但如果该移民员工的签证将在一个月内到期，您则不需要通知新西兰移民局。
您必须采取合理的措施以确保您招聘的移民员工—

– 符合最低技能门槛；

– 通过工作经验或具备适当的学历来从事这项工作。

如果雇主因可能违反认证雇主规行为而正在被调查，那么他们的认证可能会被暂停长达3个月，或直到调查结果出来。而以前，雇主认证只会因违反某些雇主认证要求而被暂停。

如果发生以下情况，雇主认证可能会被撤销 –

在没有合理理由的情况下，雇主未能在10个工作日内向新西兰移民局提供被要求提供的信息或材料；或者
在没有合理理由的情况下，雇主拒绝新西兰移民局进入进行现场访问；或者
新西兰移民局对雇主是否继续满足雇主资格要求感到不满意。

请注意，这篇文章不能代替法律建议，您应该与律师根据您的个人情况寻求法律建议。如果您有任何疑问，请联系我们。电子邮件：immigration@parryfield.com 或致电：03 348 8480.

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 –

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
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.

On 21 June 2023, the Government announced a simplified points system for the Skilled Migrant Category (“SMC”) as part of the immigration rebalance.

In summary, what is changing?

1) The points system is changing. You will need 6 points to apply.

2) To apply, you must have skilled job or job offer with an accredited employer in New Zealand to apply. There was no such requirement under the old system.

3) There will be no cap under the new SMC system – see below.

4) A Skilled Migrant Category Interim Visa will be introduced – see below.

What is a “skilled” job or job offer?

For your job or job offer to be considered skilled, you must be suitably qualified and your job or job offer must:

Be with an accredited employer in New Zealand;
Guarantee at least 30 hours per week;
Pay:
- At or above the median wage (currently $29.66 an hour) where it is an ANZSCO Level 1 to 3 occupation; or
- 1.5 times the median wage (currently $44.49 an hour) where it is an ANZSCO Level 4 to 5 occupation;
Be a permanent contract or fixed-term for at least 12 months.

How does the new point system work?

You will need 6 points to apply. You can claim 6 points from:

One of the following skill categories:
- Your New Zealand occupational registration;
- Your qualification;
- Your income from your job or job offer (earning at least 1.5 times the median wage in New Zealand);

(“skill points”)

And your skilled work experience in New Zealand.

(“skilled work in New Zealand points”)

See Immigration New Zealand’s summary below.

How many New Zealand occupational registration points can I claim?

You can claim between three to six New Zealand occupational registration points.

For occupational registrations which require more training, you can claim more points. For example:

A Registered Nurse can claim 3 points;
A Midwife can claim 4 points;
A Dentist can claim 5 points; and
A Medical Practitioner can claim 6 points.

How many qualification points can I claim?

You can claim between three to six qualification points as per the following:

Points	Qualification
6	Level 10 Doctoral Degree
5	Level 9 Master’s Degree
4	Level 8 Bachelor Honours Degree Level 8 Postgraduate Diploma
3	Level 8 Postgraduate Certificate Level 7 Bachelor’s Degree

Your qualification must be:

A New Zealand qualification; or
An overseas qualification on the List of Qualifications Exempt from Assessment; or
An overseas qualification which has been evaluated by the New Zealand Qualifications Authority.

How many income points can I claim?

You can claim three, four or six income points as per the following:

Points	Income
6	3 x the median wage (currently $88.98 an hour) or more
4	2 x the median wage (currently $59.32 an hour) or more
3	1.5 x the median wage (currently $44.49 an hour) or more

To claim income points your job or job offer must:

Be with an accredited employer in New Zealand;
Guarantee at least 30 hours per week; and
Be a permanent contract or fixed-term for at least 12 months.

How many skilled work in New Zealand points can I claim?

To claim skilled work in New Zealand points, the skilled work experience must:

Have been in New Zealand;
Have been at least 30 guaranteed hours per week;
Have paid:
- At or above the median wage where it is an ANZSCO Level 1 to 3 occupation; or
- 1.5 times the median wage where it is an ANZSCO Level 4 to 5 occupation.

You can claim 1 point per year, up to a maximum of 3 points.

Has there been any change to English language requirements?

No. These requirements have not changed. See https://www.immigration.govt.nz/new-zealand-visas/preparing-a-visa-application/english-language/acceptable-english-language-test-results/english-language-test-results-for-residence-visas.

Has there been any change to age requirements?

No. As with the old system, you must be 55 years and under to apply.

What about health and character requirements? Will they be changing?

No. They will stay the same.

How many visas are there under the new SMC system?

There is no cap under the new SMC system. As long as you meet the criteria, your visa application will be approved.

What long will it take Immigration New Zealand to process visa applications under the new SMC system?

Immigration will New Zealand aim to process straightforward and complete applications within 6 to 8 weeks. However, where Immigration New Zealand ask other organisations for information (third party checks), it will take more time. Immigration New Zealand cannot control how long third party checks take.

What if my temporary visa expires while my SMC application is in progress?

An interim visa (the Migrant Category Interim Visa) will be introduced for people applying under the new SMC system.

Your Skilled Migrant Category Interim Visa will be granted automatically and will come into effect the day after your current visa expires.

Your Skilled Migrant Category Interim Visa conditions will be the same as conditions as you currently hold.

Your Skilled Migrant Category Interim Visa will expire the soonest of:

24 months after it comes into effect;
The date your Skilled Migrant Category Resident Visa application is approved; or
Where the visa application is declined or withdrawn, 2 months after the decision is made.

When are these changes effective from?

The changes will be effective from 9 October 2023.

However, you may still apply under the old SMC system where:

You submitted an Expression of Interest before 11:59pm on 15 August 2023; and
You have been invited to apply.

Why the changes?

The Government is introducing these changes to:

Not give skilled migrants false hope about gaining residence in New Zealand by providing clarity;
Process applications faster;
Reduce New Zealand’s reliance on lower-skilled migrant workers and encourage employers to offer competitive wages; and
Retain skilled migrants to fill medium-to-long-term skills needs that would take time to fill by workers already in New Zealand.

Background

Since 19 September 2022, applications for Investor 1 and Investor 2 visa categories were replaced by a new category: the Active Investor Plus Visa (“AIP Visa”). New Zealand Trade and Enterprise (“NZTE”) has published guidance about the eligibility and what are acceptable investments under the new Visa. The guide was set up to explain this investment program, and to assist deal makers and capital raisings who hope to have deals or funds approved as acceptable investments.

The Government’s aim is to attract experienced and high-value investors to encourage greater economic benefit to New Zealand companies and the economy. The AIP Visa allows experienced investors to add to opportunities for companies and start-ups. You get points toward your visa if you are willing to invest in companies here.

An investor must also have a reasonable command of English to qualify for an AIP Visa (a minimum of Level 5 under the International English Language Testing System or the equivalent). As explained in our article Immigration Changes Overview, “acceptable investments” for an AIP Visa are made between NZ $5 million and $15 million. Different investments carry different weightings for the purposes of an AIP Visa application.

Direct investments

These are direct investments into businesses, and they receive the highest weighting of 3x (every $1 invested counting as $3 towards their visa conditions). In this case, an investment of only $5 million is required.

To qualify as a direct investment, some conditions must be met:

Firstly, a direct investment is an investment in a New Zealand resident entity and privately owned business;
An application for approval may be made either before the AIP Visa applicant makes the investment (classified as a current direct investment), or retrospectively (classified as a historical direct investment);
NZTE will consult an external advisory panel which helps them to determine whether the direct investment meets the AIP Visa eligibility criteria; and
For each direct investment, you must apply and receive and approval letter from NZTE for such direct investment to qualify.

There is no cost to apply for approval as an acceptable direct investment and any decision made by NZTE is final.

Indirect investments

A. Acceptable managed funds

Investments into private funds, such as private equity or venture capital funds are also upweighted but only 2x and an amount of $7.5 million is required (every $1 an investor invests into managed funds, counts as $2 towards their visa conditions).

To qualify as an acceptable managed fund, additional conditions apply :

The fund has to be a New Zealand resident, entity which means:
- Be incorporated in New Zealand;
- Have its head office in New Zealand;
- Have its centre of management in New Zealand; and
- Have control, by company directors, exercised in New Zealand.
It must meet the criteria in the AIP Visa Immigration New Zealand Instructions. The applicant should provide:
- Evidence of incorporation in New Zealand from the New Zealand Companies Office;
- Evidence that the fund manager will be registered on the New Zealand Financial Services Providers Register (per Appendix 15 of the Immigration Instructions);
- The full legal names and addresses of current directors;
- A summary of the fund’s background, proposed activities, status, target fund size. It should contain details about how the Managed Fund supports New Zealand being a responsible member of the world community, and demonstrates that the Managed Fund will not invest in anything which may prejudice New Zealand’s reputation;
- An overview of the investment thesis of the Managed Investment. The application form must detail how the Managed Fund will deliver on the requirements for actual or potential growth of investee entities and/or their contribution to positive social and economic impacts for New Zealand; and
- A summary of any social, environmental or governance (ESG) policies applicable to the organisation.
Submit an application using the NZTE Investment forms;
Be assessed as an acceptable investment and be added to the Acceptable Managed Fund list maintained and published by NZTE;
Pay the application fee of $1,500 NZD (GST inclusive) per application;
Once the application is submitted, NZTE will provide an invoice for this charge via email.

To qualify as an eligible recipient of Indirect Investment, the applicants must be a New Zealand resident entity that invests in private New Zealand businesses, with no investment in listed equities and/or fixed income assets such as bonds.

NZTE considers whether the Managed funds invests wholly or substantially in entities with a New Zealand connection. A minimum of 70% of the net committed capital must be made available for the investment in entities with a New Zealand connection.

An external advisory panel makes recommendations to NZTE on whether the Managed Fund investments are acceptable. The panel sits monthly and the dates are published online.

Annual re-certification is required to maintain an “Acceptable Managed Fund” status. NZTE will notify any approved managed fund when annual re-certification is required.

Property is not an acceptable investment, however it can be 20% or less of an exchange traded fund or managed fund’s total assets.

B. Listed equities and philanthropy

These investments (such as investment in NZX listed companies) do not receive an additional weighting, and each are capped at 50% of the $15m investment requirement. An investor could meet the required investment amount by investing $7.5m into listed equities and $7.5m into eligible philanthropic causes.

Key time periods to consider are:

The minimum investment period: the investor should invest across three years and maintain the investment for a further fourth year;
The minimum time required in NZ: the investor should spend 117 days in New Zealand across the four-year conditional visa period, or around a month a year; and
Despite these requirements, New Zealand is still quite restrictive on home ownership and processing times. It means investing with this sort of wealth might look elsewhere.

We support investors moving to New Zealand so if you would like to discuss further, please contact one of our team at stevenmoe@parryfield.com, rebeccanicholson@parryfield.com or yangsu@parryfield.com at Parry Field Lawyers.

Immigration Changes Overview

There have been many changes in the immigration space in recent months. This article is a brief overview of the key changes.

Post Study Work Visa (“PSWV”)

The PSWV allows you to stay and work in New Zealand for up to 3 years if you have studied in New Zealand.

Changes to the PSWV settings came into effect from 7 September 2022 and apply to you if you applied for a student visa after 11 May 2022.

These changes include:

Visa length being dependent on your qualification;
Visa conditions being dependent on your qualification;
Only being able to be apply for a Post Study Work Visa once; and
Showing you have $5,000 of available funds.

Visa Length

If you have a Master’s or doctoral degree level, your PSWV will be three years.

If you have a qualification at degree level 7 or 8, the length of your PSWV will match the time you have spent studying fulltime in New Zealand, and you can consecutively complete qualifications for longer visa length.

If you have a qualification which is non-degree level 7 or below, the length of your PSWV will match the time you have spent studying fulltime in New Zealand.

Visa Conditions

If you have a qualification at degree level 7 and above, your PSWV will allow you to work in any occupation, for any employer, in New Zealand.

If you have a qualification which is non-degree level 7 or below, your PSWV will allow you to work in a role relating to your qualification and your qualification must be on the list of Qualifications Eligible for a Post Study Work Visa.

Active Plus Investor Visa

The Active Investor Plus Visa aims to attract experienced and high-value investors to directly invest in high value and growth investment opportunities in New Zealand.

It is a residence class visa, and an investor can apply for permanent residence after 4 years of keeping funds in New Zealand.

An investor can include a partner, and dependent children aged 24 and under, in their visa application

An investor must:

Have acquired investment funds lawfully;
Invest a total of between NZ $5 million and NZ $15 million in acceptable investments (how much is dependent on what is invested in) in New Zealand for a minimum of 48 months;
Spend 117 days in New Zealand in that 48 month period; and
Be able to speak English to at least Level 5 of the International English Language Testing System.

Acceptable investments will have different weighting:

Direct investments into businesses will have the highest weighting (3x);
Investments into managed funds such as private equity or venture capital funds will weighted at 2x;
Investment into listed equities and philanthropy will be weighted 1x (and are both capped at 50% of the NZ $15 million).

The weighting in total must be NZD $15 million (for example, NZD $2.5 million in direct investments (which is 3x), NZD $2.5 million of managed funds (which is 2x) and NZD $2.5 million of listed equities (which is 1x), would have a total weighting of NZD $15 million).

Property is not an acceptable investment, however it can be 20% or less of an exchange traded fund or managed fund’s total assets.

Parent Resident Visa (“PRV”)

The PRV restarted on 12 October 2022. It is a residence class visa to allow New Zealand citizens and residents to bring their parents to New Zealand.

Number of visas

The number of visas that can be granted each year has increased from 1,000 to 2,500.

Sponsor

For a Parent Resident Visa, any New Zealand resident and citizen who has lived here for at least 3 years can sponsor their parent’s/s’ application for residence if they meet the sponsorship criteria. A parent can be sponsored for the Parent Resident Visa by:

their adult New Zealand citizen or resident child
jointly by their adult child and their partner (if they have been living together for at least 12 months), or
jointly by their adult child and another adult child of a parent included in the application.

Income threshold

The income threshold required for sponsors has also been lowered, and the lower income threshold applies to EOIs before and after 12 October 2022. A sponsor now must earn 1.5 times the New Zealand median wage (before it was twice the median wage). This increases by half the median wage for each joint sponsor or additional parent.

The median wage is currently $27.76 per hour ($57,740.80 per year), however it will increase to $29.66 per hour ($61,692.80 per year) on 27 February 2023.

Expressions of interest (“EOIs”)

Selections for EOIs were paused in 2016, so there could be a review of the Parent Category settings. It was not restarted in 2020 because of the Covid-19 pandemic.

INZ will restart selections of EOIs from the current queue from 14 November 2022. After that, EOIs will be selected in sufficient numbers to meet the annual limit.

EOIs before 12 October 2022

EOIs will be selected in date order. The first selection will be on 14 November 2022 and after that will be selected in sufficient numbers to meet the annual limit.

INZ estimate this will take 3 or 4 years to complete.

EOIs after 12 October 2022

Any EOIs after 12 October 2022 will be selected by ballot, with the first selection in August 2023.

EOIs that have not been selected from the ballot expire after 2 years.

500 visas will be available each year for EOIs selected by ballot.

Skilled Migrant Category Resident Visa (“SMCRV”)

EOIs

Selections for EOIs under the Skilled Migrant Category were suspended in March 2020 and will resume on 9 November 2022.

In the selection on 9 November 2022 (1^st selection), INZ will select all EOIs with at least 160 points.

The 2^nd selection will be on 18 January 2023, and INZ will select all EOIs with at least 180 points. From 18 January 2023, EOIs must have at least 180 points to be selected.

EOIs before 9 May 2022 that are not selected on 9 November 2022 will expire. They will not be reselected.

Future Changes

In May 2021, the Government stated that it will turn down the tap on its previous immigration settings to reduce New Zealand’s reliance on “lower-skilled migrants”, and that would include reviewing the Skilled Migrant Category.

The Productivity Commission undertook an inquiry into on changes to New Zealand immigration policy and its final report was presented to the government.

The Ministry of Business, Innovation and Employment is now consulting on proposed changes to the Skilled Migrant Category Resident Visa, so there may be future changes to the category.

The proposed changes include:

A new points system;
All applicants must have a job or job offer and be paid at least the median wage;
A higher income requirement for some roles, including in retail and hospitality, where employers should be drawing down on the domestic labour market.

Accredited Employer Work Visa (“AEWV”)

There have been changes to the AEWV, which opened to applications on 4 July 2022.

Chef

Immigration New Zealand has changed the immigration instructions in relation to chefs. Chefs are no longer required to have a certificate at NZQF Level 4 or higher, which includes the credit and knowledge requirements of a New Zealand Certificate in Cookery (Level 4), or comparable overseas qualification.

Median Wage

For an AEWV remuneration must be at or above the median wage if not an occupation listed as exempt.

The median wage is currently $27.76 an hour. It will increase to $29.66 on 27 February 2023.

Exemptions to the median wage threshold for specific occupations

If the occupation is listed as exempt, it is exempt from the median wage threshold (“median wage exemption”).

Until April 2023, remuneration can be $25.00 per hour or above where it is an occupation listed as exempt as part of the:

Construction and Infrastructure sector, or
Tourism and Hospitality sector.

Until April 2023, remuneration can be $25.39 per hour or above where it is an occupation listed as exempt as part of the Care Workforce sector.

In April 2023, the median wage exemption will increase to $28.18 per hour (which is 95% of the new median wage).

In April 2024, the median wage exemption will end. Therefore, remuneration for an occupation listed as exempt must be at or above the median wage from April 2024.

Open Work Partner Work Visa

Of An AEWV Holder

From December 2022, an AEWV holder whose occupation is not on the Green List or who is not earning at least twice the median wage will not be eligible to support a partner work visa application. This work visa has open work rights, so a partner can work in any occupation, for any employer, in New Zealand. The AEWV holder will, however, be able to support a visitor visa for their partner.

Of A Student Visa Holder

A partner of a student (who started studying before 7 September 2022) can apply for an open work visa.

A partner of a student (who started studying after 7 September 2022) can apply for an open work visa if their partner is studying:

any master’s or doctoral degree; or
a level 7 or 8 qualification on:
- the Green List; or
- the Qualifications Eligible for a Post-Study Work Visa list.

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

18 October 2022

雇主认证工作签证（“AEWV”）将于2022年7月4日推出，以减少剥削，鼓励雇主在雇用移民之前培训、雇用和提高技新西兰本地人的技能。

它将取代六类临时工作签证：

基本技能工作签证——将于2022年7月3日关闭；
基本技能工作签证——原则上批准——将于2022年7月3日关闭；
人才（认证雇主）工作签证——已于2021 10月31日关闭；
长期技能短缺清单工作签证——已于2021 10月31日关闭；
Silver Fern求职签证——已于2021 10月7日关闭；和
Silver Fern实践经验签证——已于2021 10月31日关闭。

在使用经认可的雇主工作签证雇用移民之前，雇主必须：

1、在新体系下申请认证——即“雇主审查”；

2、申请工作检查，以确保他们想要填补的职位不能由新西兰人担任——即“工作审查”；和

3、要求移民工人申请签证——即“员工审查”。

雇主审查

任何在当前体系下的认证雇主（即与人才（雇主认证）工作和居留签证相关的雇主）如果想在新的AEWV体系下雇用移民，必须申请并满足新认证体系的政策要求。

认证有三种类型：

1、标准型 – 在任何时段能雇佣不多于5名AEWV上的移民员工；

2、批量型 – 在任何时段能雇佣6名或6名以上的AEWV移民员工；和

3、其他 – 与特许经营人和劳务公司相关。

雇主现在就可以申请认证。

雇主审查 – 标准型认证

所有希望在AEWV上雇用移民的雇主必须满足标准型认证的如下要求：

1、必须是真正在经营的生意，即：

必须在IRD上注册为雇主；和
如果是以合伙形式或个体户在经营，则企业所有人不得破产或处于无资产程序中；
并且：
在过去24个月内未发生亏损（折旧和税前）；或
过去6个月内的每个月都有正现金流；或
有足够的资本和/或外部投资（例如创始人、母公司或信托公司的资金），以确保该雇主的业务保持可行和持续性；或
有一个可靠的、不少于两年的计划（例如有已签订的业务合约）的，以确保该雇主的业务保持可行和持续性。

“可行且持续”包括能够：

履行财务义务，如支付工资或薪金以及所有其他运营成本和费用；和
购买库存（如相关）。

2、不得有违规的记录，例如：

不能在劳动监察局的雇主黑名单中；
必须遵守移民法，且不能受到因移民相关罪行被定罪而产生的永久禁令的限制；
不能被禁止担任公司负责人；和
不能是破产后重组的公司。

3、必须采取措施以尽量减少对员工的剥削，例如：

为移民员工提供完成就业学习模块的时间；
做出招聘决策的每个人都必须完成就业学习模块；
支付新西兰境内外的所有相关的招聘费用，包括广告费、中介代理费、雇主和工作审查申请费、培训和入职培训、健康和设备安全以及制服，但不包括机票；
向移民员工提供与工作相关的信息（即如何申请IRD号码）和社区援助（例如：如何开立银行账户、寻找出租房）；和
雇主不得向移民员工收取就业附加费，不得非法担保员工，也不得进行任何非法扣费。

新西兰移民局处理标准型认证申请的费用是$740.00。

雇主审查 – 批量型的认证

想要在AEWV上雇佣6名或更多移民员工的雇主必须满足标准型认证的要求。之后，可能会有一项要求，即表明他们致力于培训和提高新西兰人的技能。

新西兰移民局处理大批量型的认证申请费是$1220.00。

如果您有标准型认证，但以后想要在AEWV上雇用6名或更多移民员工，您可以升级到批量型的认证，需要支付给移民局的费用是$480.00。

雇主审查 – 其他认证

对于特许经营人：

必须满足标准型认证要求；
必须已经营至少12个月；和
必须有雇用新西兰人的历史。

新西兰移民局处理特许经营人申请的费用为$1980.00。

对于劳动力雇佣公司：

必须满足标准型认证要求；
必须将移民员工放置在具有AEWV的“合规公司”上。“合规公司”是指：
是新西兰的注册公司；
不在雇主黑名单上；和
已声明他们没有移民法相关的争议；
必须有良好的系统来监控就业和安全条件；
必须有12个月的劳动合同历史；和
公司第三方劳动力必须有至少15%是全职的新西兰人（即每周至少30小时）。

新西兰移民局处理劳工雇佣公司申请的费用是$3870.00。

对于大多数雇主来说，申请认证将是一个简单且相对较低接触度的评估。然而，新西兰移民局可能要求提供额外信息以评估申请，并可能在认证有效期间进行监控。如果新西兰移民局对雇主继续满足认证要求感到不满意，则可能撤销该雇主认证。

因此，我们建议您联系您的律师，以确保您符合要求并且遵守移民法和雇佣法的相关要求。

认证期限

在新西兰移民局批准认证申请后，雇主将获得为期12个月的认证。

延期时，将移民员工放置在第三方公司AEWV上的特许经营人和雇主将获得为期12个月的认证，所有其他雇主将获得为期24个月的认证。

工作审查

从2022年6月20日起雇主可以开始申请工作审查。

劳动力市场测试是指真诚地尝试招募新西兰公民或居民。

除非拟定工作的薪酬为每小时$55.52或以上，或同等年薪，或该职位在绿色名单上，否则所有工作都必须通过劳动力市场测试。

劳动力市场测试的有效期为六个月，自批准之日起，或直至雇主不再持有认证，以较早者为准。

员工审查

移民员工必须满足：

品行要求，例如：从未被判处5年或5年以上有期徒刑；
健康要求，例如：不太可能对新西兰的卫生服务或特殊教育服务造成重大支出或需求；和
证书和工作经验要求。

薪酬

拟议的工作合同的薪酬必须等于或高于工资中位数，即每小时$27.76，且不能低于该职业在新西兰的市场工资率。

如果工作需要有其他没有在ANZSCO职业中描述的技能来完成，则雇主提供的薪酬必须高于该工作的市场工资率。

但是，建筑和基础设施、旅游和酒店业以及护理劳动力部门的特定工作不受工资中位数的限制。

AEWV的货币

AEWV签证可在提供就业的期限内授予，最多可以是：

3年，如果时薪达到中位数；或
2年，如果工资低于工资中位数，除非这2年的签证会导致签证持有人超过停工条件下允许的最长期限（即2年）。

如果工资低于工资中位数的2年工作签证会导致签证持有人超过停工设置允许的最长期限（即2年），则该签证只能在最长期限的剩余时间内发放。

审批时间

预计的审批时间范围是：

标准型和批量型认证 – 10个工作日
工作审查 – 10个工作日
员工审查/AEWV – 20个工作日

请注意，以上并不能替代法律建议，您应该联系您的律师了解您的具体情况。

如果您想开始认证申请流程和工作审查流程，请电话联系我们， 03 348 8480，或通过电子邮件发送至我们的邮箱immigration@parryfield.com

2022年6月8十

The Accredited Employer Work Visa (“AEWV”) will be introduced on 4 July 2022 to reduce exploitation and encourage employers to train, upskill and hire New Zealand workers before hiring migrants.

It will replace six temporary work visa categories:

Essential Skills Work Visa – will close on 3 July 2022;
Essential Skills Work Visa – Approval in Principle – will close on 3 July 2022;
Talent (Accredited Employer) Work Visa – closed on 31 October 2021;
Long Term Skills Shortage List Work Visa – closed on 31 October 2021;
Silver Fern Job Search Visa – closed on 7 October 2021; and
Silver Fern Practical Experience Visa – closed on 31 October 2021.

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

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

The Employer Check

Any employers accredited under the current system (i.e. in relation to the Talent (Accredited Employer) Work and Resident Visas) will have to apply and meet the policy requirements of the new accreditation system, if they want to hire migrants on the new AEWV.

There are 3 types of accreditation:

Standard – to hire 5 migrant workers on AEWVs at any one time;
High-volume – to hire 6 or more migrant workers on AEWVs at any one time; and
Other – in relation to Franchisees and Labour Hire Companies.

An employer is able to apply for accreditation now.

The Employer Check – Standard Accreditation

ALL employers who want to hire migrants on AEWVs have to meet the standard accreditation requirements, which are as follows:

Must be a genuinely operating business, i.e.:

Must be registered as an employer with IRD; and
If the employer is a partnership or sole trader, the business owner(s) must not be bankrupt or subject to a No Asset Procedure;
AND
- have not made a loss (before depreciation and tax) over the last 24 months; OR
- have a positive cash flow for each of the last 6 months; OR
- have sufficient capital and/or external investment (for example funding from a founder, parent company or trust) to ensure the employer’s business remains viable and ongoing; OR
- have a credible, minimum two-year plan (for example by having contracts for work) to ensure the employer’s business remains viable and ongoing.

“Viable and ongoing” includes being able to:

meet financial obligations such as paying wages or salaries and all other operating costs and expenses; and
purchase inventory (if relevant).

Must not have a non-compliance record, i.e.:

Not be included in the Labour Inspectorate stand down list;
Must be compliant with immigration law and not be subject to a permanent ban following a conviction for an immigration related offence(s);
Not be prohibited from being a director; and
Must not be a phoenix company.

Must take steps to minimise worker exploitation, i.e.:

Provide migrant workers with time to complete Employment Learning Modules;
Everyone who makes recruitment decisions must complete Employment Learning Modules;
Pay all recruitment costs inside and outside New Zealand, including advertising, agency fees, employer and job check applications, training and induction, health and safety equipment, and uniforms, BUT excluding airfares;
Provide migrant workers with work-related information (i.e. how to get an IRD number) and community assistance (i.e. how to open a bank account, find rental accommodation); and
Employer cannot receive a premium for employment, unlawfully bond the employee, nor make any unlawful deductions.

Immigration New Zealand’s fee to process a standard accreditation application is $740.

The Employer Check – High-Volume Accreditation

Employers who want to hire 6 or more migrants on AEWVs have to meet the standard accreditation requirements. Later, there may be a requirement to show that they have a commitment to train and upskill New Zealanders.

Immigration New Zealand’s fee to process a high-volume accreditation application is $1220.

If you have standard accreditation, however later want to hire 5 or more migrants on AEWVs, you can upgrade to high volume accreditation for a fee. That fee is $480.

The Employer Check – Other Accreditation

Franchisees:

Must meet the standard accreditation requirements;
Must have been operating for at least 12 months; and
Must have a history of hiring New Zealanders.

Immigration New Zealand’s fee to process a franchisee application is $1980.

Labour hire companies:

Must meet the standard accreditation requirements;
Must place migrants on AEWVs with “compliant businesses”. A “compliant business” is a business:
- that has an NZBN;
- that is not on the stand-down list; and
- has declared that they do not have immigration-related issues;
Must have good systems to monitor employment and safety conditions;
Must have a 12 month labour contracting history; and
Must have at least 15% of the company’s labour workforce placed with third parties be New Zealanders in full-time employment (i.e. at least 30 hours a week).

Immigration New Zealand’s fee to process a labour hire company application is $3870.

For most employers, accreditation will be a simple and relatively low-touch assessment. However, Immigration New Zealand may request additional information to assess an application and may undertake monitoring during the accreditation period. If Immigration New Zealand is not satisfied an employer has continued to meet the requirements, the employer’s accreditation status may be revoked.

Therefore, we advise that you contact your lawyer to ensure you will meet the requirements and are compliant with immigration law and employment law.

Accreditation Period

When an accreditation application is approved by Immigration New Zealand, an employer will receive accreditation for 12 months.

At renewal, franchisees and employers that want to place migrants on AEWVs with third parties will be granted accreditation for a further 12 months, and all other employers will be granted accreditation for 24 months.

The Job Check

An employer can apply for a job check from 20 June 2022.

A labour market test is a genuine attempt to recruit New Zealand citizen or resident.

The labour market test must be met for all jobs, except where the remuneration for the proposed employment is $55.52 per hour or above, or the equivalent annual salary, or where the role is on the Green List.

A labour market test will be valid for six months from the date that it is approved or until the employer no longer holds accreditation, whichever is earlier.

The Worker Check

The worker must meet:

Character requirements, for example, not have been sentenced to a prison term of 5 years or more;
Health requirements, for example, be unlikely to impose significant costs or demands on New Zealand’s health services or special education services; and
Credential and experience requirements.

Remuneration

The remuneration for the proposed employment must be at or above the median wage, which will be $27.76 per hour, and must not be less than the New Zealand market rate of pay for that occupation.

Where other skills or specifications are needed to perform the job that are not described in the ANZSCO occupation, the remuneration offered must reflect those requirements by being above what would otherwise be the market rate for that job.

However, specific jobs in construction and infrastructure, tourism and hospitality, and care workforce sector are exempt from the median wage threshold

Currency of AEWVs

An AEWV may be granted for the period for which the employment is offered, up to a maximum of:

3 years for employment paid at or above the median wage; or
2 years for employment paid below the median wage, unless a 2 year visa would result in the holder exceeding the maximum period allowed under the stand-down settings (which is 2 years).

Where the grant of a 2 year visa for employment paid below the median wage would result in the holder exceeding the maximum period allowed under the stand-down settings (which is 2 years), the visa may only be granted for the remainder of the maximum period.

Processing Timeframes

The estimated application processing timeframes are:

standard and high-volume accreditation – 10 working days
job check – 10 working days
migrant check/AEWV – 20 working days

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

If you would like to start the application process for accreditation and job check process, please feel free to contact us on 03 348 8480 or by email to immigration@parryfield.com.

10 June 2022

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:

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。

Entrepreneur Work Visa (EWV)

Basic Requirements for EWV

Application Process

Entrepreneur Resident Visa (ERV)

Requirements:

Application Process

Benefits of the Entrepreneur Visas

Common Pitfalls of the Entrepreneur Visas

Message to Applicants

Planning a New Zealand Getaway for Christmas and New Year Holidays or Chinese and Lunar New Year? Here is your Visa Guide!

计划在圣诞和新年假期或中国春节期间前往新西兰度假吗？这是您的签证指南！

General Visitor Visa 普通访问签证

Basic Requirements 基本要求：

Parent/Grandparent Visitor Visa父母/祖父母访问签证

Basic Requirements: 基本要求：

Application fee and processing timeframe申请费用和处理时间

Maximum duration of a General Visitor Visa

Common pitfalls and tips常见陷阱和建议

Message for applicants给申请人的信息

Accredited Employer Work Visa

English Language

Job Check

Employer Accreditation

In summary, what is changing?

What is a “skilled” job or job offer?

How does the new point system work?

How many New Zealand occupational registration points can I claim?

How many qualification points can I claim?

How many income points can I claim?

How many skilled work in New Zealand points can I claim?

Has there been any change to English language requirements?

Has there been any change to age requirements?

What about health and character requirements? Will they be changing?

How many visas are there under the new SMC system?

What long will it take Immigration New Zealand to process visa applications under the new SMC system?

What if my temporary visa expires while my SMC application is in progress?

When are these changes effective from?

Why the changes?

Background

Direct investments

A. Acceptable managed funds

B. Listed equities and philanthropy

Immigration Changes Overview

There have been many changes in the immigration space in recent months. This article is a brief overview of the key changes.

Christchurch CBD

Christchurch

Rolleston

Hokitika