Immigration
New Zealand | Accredited Employer Work Visa changes, Green List and residence updates, and Introduction of infringement notices
Summary
On 7 April 2024, changes to the Accredited Employer Work Visa (AEWV) scheme were implemented. The Green List and other residence pathways have also been updated, and from 11 April 2024, infringement notices have been introduced to address lower-level immigration non-compliance.
The detail
Changes to the Accredited Employer Work Visa Scheme
Changes for employers
There are now more requirements that must be met at the Employer Accreditation and Job Check application stage, and during the accreditation period for employers.
At accreditation or re-accreditation, employers must now commit to:
These new obligations are additional to other employer obligations, such as the requirement to notify INZ of any change in key people or business structure within 10 working days.
The grounds for suspending accreditation have also been expanded. Employers being actively investigated for any breach of accreditation may have their accreditation suspended. Previously, suspension was only an option for breaches of some accreditation requirements.
At the Job Check stage, all employers must:
Additionally, an ANZSCO (Australian and New Zealand Standard Classification of Occupations) assessment has been introduced. When assessing a Job Check application, INZ will now assess the role to determine the specific occupation and skill level. If INZ considers a role to be an occupation at ANZSCO skill level 4 or 5, additional requirements apply to the Job Check. It is therefore important to choose the ANZSCO code carefully and avoid ‘inflating’ a position.
For roles that are skill levels 4 to 5 on the ANZSCO, employers must also:
Changes for migrant workers
All new AEWV applicants must have either three (3) years or more of relevant work experience or have a relevant qualification at Level 4 or higher on the New Zealand qualifications framework, unless they earn twice the median wage, their occupation is on the Green List and they meet Green List requirements, or are eligible for a Work to Residence pathway. Evidence of qualification must be accompanied by an International Qualification Assessment (IQA) if it is below Bachelor’s degree level. To meet the work experience requirement, an applicant must provide evidence to prove that they did the work — they cannot include documents that they wrote themselves, such as a CV.
Further to meeting the new minimum skills threshold, migrants applying to work in a skill level 4 or 5 role must now have a minimum standard of English language, which is evidenced by an IELTS score of at least 4.0 (or equivalent English language test score).
The maximum duration and maximum continuous stay remain at five (5) years for workers in ANZSCO skill level 1 – 3. However, for those working in a skill level 4 or 5 role, the maximum duration has been reduced to two (2) years, and the maximum continuous stay is now three (3) years, with some exceptions. Workers in ANZSCO level 4 or 5 jobs not affected by these changes are those: on the Green List; in transport and care sector agreement and on a pathway to residence; or earning 1.5 times the median wage. It is important to note the following complexities:
All AEWVs issued after 7 April 2024 will now specify a condition that the holder must be employed for a minimum of 30 hours per week.
Green List and residence updates
Green List
The Green List has been updated to include six (6) new roles, which equate to nine (9) ANZSCO occupations. The new roles are:
Straight to Residence
Work to Residence
In May 2024, Secondary School Teachers will also be added to the Straight to Residence pathway.
Previous plans to add seven (7) roles to the Construction and Infrastructure Sector Agreement will no longer proceed.
Work to Residence changes for bus drivers
The Work to Residence pathway for Bus and Truck Drivers is now closed. However, those who already hold an AEWV, or have applied for an AEWV before 7 April 2024 (and are later approved), and those on open work visas who have already started work will still be eligible for a Transport Work to Residence visa.
High school graduates included in residence application
From around mid-2024, migrant high school graduates awaiting the outcome of their family’s residence application will be granted work rights. INZ are still working on the details for this change.
Immigration Infringement notices
The new Immigration (Infringement Offices, Fees, and Forms) Amendment Regulations 2024 came into force on 11 April 2024, enabling immigration officers to issue infringement notices for infringement offences introduced through the Worker Protection (Migrant and Other Employees) Act 2023.
Employers who violate visa and employment standards can face infringement penalties, including a minimum fine of $1,000, loss of accreditation, and a stand-down period during which they cannot support visa applications. Infringement notices can be issued for employing people in breach of their visa conditions, employing a person unlawfully in New Zealand, or failing to comply with a 10-day information request from INZ.
The stand-down period can last up to 12 months, and affected employers cannot support visa applications until this period ends, and they have rectified the issue. INZ will publish a stand-down list on their website to increase transparency and deter non-compliance.
Actions and recommendations
1. Employers recruiting workers under the AEWV scheme should ensure that they have documented systems and processes in place to prove that they are meeting their accredited employer obligations. This is particularly important as many employers will need to apply for re- accreditation from July 2024.
2. Employers recruiting for ANZSCO skill level 4 and 5 roles need to be mindful of the additional labour market test requirements, and that candidates requiring an AEWV will need to meet the minimum skills threshold and minimum standard of English. These workers will also be faced with a shorter visa duration and shorter maximum continuous stay.
3. We recommend undertaking a review of your tracking mechanisms that monitor conditions of work visas, as it is now easier for INZ to issue notices for non-compliance.
4. As further changes are expected, employees on AEWVs are likely to seek certainty or assurance about their prospects in New Zealand, such as options for further work visas or permanent residency. We recommend any worker interested in residence to seek immigration advice to determine their eligibility, particularly as some of the residence visa requirements are complex.
Contact us
For a deeper discussion on the above, please reach out to your Vialto Partners point of contact, or alternatively:
Jaq Chong
Senior Manager | Licensed Immigration Adviser
Kim Gibbs
Manager | Licensed Immigration Adviser
Further information on Vialto Partners can be found here: www.vialtopartners.com
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