Month: August 2022

Migrants paid less than the median wage of $27.76 per hour are not eligible to apply for the Accredited Employer Work Visa (AEWV) unless exempt.

However, if a New Zealand employer wants to hire migrants and the role is on the exempt list of Immigration New Zealand (INZ_ then the employer can pay less than the median wage to the employee. Although even when paying less than the median wage threshold employer must meet the following threshold in each of the respective workforce sectors:

• The specific construction, infrastructure, tourism and hospitality jobs must pay at least NZD $25 an hour. These roles are only exempt from paying the median wage threshold until April 2023.
• Specific jobs in the care workforce sector must pay at least NZD $25.39 an hour.

Employers must remember that the job check approval from INZ after the labour market check is still compulsory.

Stand Down Period

When a visa is granted in the above two circumstances, an AEWV holder can hold the AEWV for two years before completing a stand-down for 12 consecutive months outside New Zealand, when they can get another AEWV for two years. The employee then can apply for another visa for a job paid above the median wage without having to complete a stand-down period.

New Zealand employers are now beginning to see the merit in taking assistance from professionals like Immigration Advisers New Zealand Ltd to submit decision-ready applications to focus on their respective businesses.

All three stages of the new Accredited Employer Work Visa (AEWV) policy are now active, with applications open for employer accreditation, job checks, and work visas.

As has been informed by Immigration New Zealand (INZ) through multiple platforms, the AEWV policy is an employer-led work visa approach, which is new to employers and requires a different approach to the hiring process. Therefore, New Zealand employers must learn how to navigate the new AEWV policy and know how the visa officers now process the new visa category.

This article aims to make our clients aware and lessen their frustration with the new policy, especially when the current labour market situation is unprecedented by way of shortages.

While the first stage of the new policy involving employer accreditation seems to be working well, the second and third stages present a challenge to the processing. INZ officers have identified and conveyed some omissions and errors in the submitted applications, which in turn are impacting quick decision-making at their end.

Potential Pitfalls in Job Check Applications

Briefly speaking, at the job check stage, applicants are missing out on certain critical information in two of the essential assessment submissions:

• Advertisement: After checking if you are required to advertise, you must advertise for at least two weeks. The advertisement should not be more than 90 days old and must cover the job description, pay range, location, work hours, skills, qualifications, and experience where needed. Use ANZSCO that best matches the job you are offering. If you are using the advertisement for multiple roles must ensure that the job details are the same and covered by the same advertising and employment agreement. For example, the location, job title, and terms of work would need to be the same; if you are including multiple roles in one job check.
• Employment Agreement: You must double-check clauses in the employment agreement like minimum and maximum hours of work, provisions relating to overtime, and job description. Although the assessing INZ officers are not employment experts, this information is required to demonstrate that the employer’s AEWV policy requirements are being met.

Important Technical Considerations

Suppose an application has been declined, and a decision is yet to be made by INZ on the reconsideration request submitted; an employer cannot use the same approved job to support another AEWV application. The employer, in such cases, must withdraw the employment offer from the applicant, inform INZ and then only use the approved job.

Since it is a new policy, INZ is taking a pragmatic approach, which includes outward calling to employers where further information is needed to help speed up the process and get the information more quickly. However, this approach seems to have increased the decision time at INZ offices.

One of the options that employers are now beginning to see is taking assistance from professionals like Immigration Advisers New Zealand Ltd to submit decision-ready applications.

To hire a migrant worker, a New Zealand employer must get an approved job check from Immigration New Zealand (INZ). An essential part of applying for a job check is the need to advertise available jobs nationally to establish whether any New Zealand workers are available. Examples of job listing websites are SEEK jobs, Trade Me Jobs, MyJobSpace, etc. However, advertising is not required if the job pays at least 200% of the median wage or is on the green list of occupations.

The job advertisement needs to run for at least 14 calendar days and close no later than 90 days before you apply for the job check. New Zealand employers/HR Managers/Recruiters must take note that INZ requires the following in the job advertisements:

• Job title with a brief explanation of the job offered
• Job description with key tasks and responsibility
• Max and Min salary range based on market rate
• Min guaranteed hours of work per week
• Number of positions of the job offered
• Qualification/Skills/Experience needed
• Employment type
  • (permanent/temporary/fixed term)
• Town/city /region of the workplace
• Any other job prerequisites

Multiple vacancies for one job can be included in the same advertisement (if the details are the same) and later submitted as part of one job check application, for example, six machinists in a factory.

Potential Pitfalls in the Job Advertisement

Employment Salary: You must mention the minimum and maximum rates of salary. Ensure that the range included in your job advertisement covers any remuneration threshold you may need to meet at the job check and in AEWV applications. Also, be aware that if you want to recruit a migrant worker, the pay you offer them cannot be higher than the pay you include in the job advertisement. The minimum and maximum rate of pay or salary should be at the market rate and span any applicable wage threshold for hiring a migrant worker into the role. In most cases, a migrant must be paid at least the median wage ($27.76 per hour)

Salary Variation: Include estimated actual earnings where a significant portion of actual earnings are not guaranteed, for example, what piece rates or commission rates are, or what average bonuses are. While these are to be included in the advertisement, do not use earnings that aren’t guaranteed to meet pay thresholds.

Job Prerequisites: Only specify the qualifications, skills and experience required for this job. Don’t enter these as a requirement if they are not needed to do this job. Take care to only include what is necessary to do the specific job on offer.

One option employers are now beginning to see is taking assistance from professionals like Immigration Advisers New Zealand Ltd to submit decision-ready applications.

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Partner of a Work Visa holder – what it means

If your partner/spouse has applied for or is already in New Zealand on a temporary type of work visa, a visa based on partnership will enable you to join your partner in New Zealand. However, whether you would be eligible for a partnership based visitor visa or a work visa would depend on the type of work visa your partner holds and/or their income and other such factors. The brief explanations below will give you a good idea what to expect and plan for.

Partner of Worker – Visitor Visa

This visa allows you to be with your partner in New Zealand, it does not allow you to work in the country. You are allowed to tour New Zealand and study for up to 3 months on this visa. The length of stay allowed will be the same as your partner’s work visa.

Partner of Worker – Work Visa

This visa allows you to be with your partner in New Zealand and work at the same time. It is an open work visa so you can work for any employer, in any role. You can also study in New Zealand for up to 3 months. In your free time, you can tour New Zealand and enjoy its scenic beauty. The length of stay allowed will be the same as your partner’s work visa.

Can children be included in the partner of worker visa application?

Children cannot be included in a partner of worker visa application. Dependents must apply for a visa in their own right. Children can apply for a visitor visa or a student visa.

Who is not allowed to support family visa

Some work visa holders are not allowed to support partners/ dependants. You are not allowed to support a work, visitor or student visa for your partner or dependent children if you hold any of the following visas:

• Fishing crew work visa
• Working Holiday Visa
• Recognised Seasonal Employer (RSE) pr Supplementary Seasonal Employer (SSE) work visas
• Domestic staff of a Diplomat work visa

Partners/Dependents of Accredited Employer Work Visa(AEWV) holders

You can support a work visa for your partner if earning above the median wage. You can support your partner on a visitor visa if earning below the median wage. AEWV holders can support visitor or student visas for dependents if they meet a certain income requirement.

From December 2022 onwards, a work visa holder can only support a visitor visa for the partner. If the partner wishes to work in New Zealand, then they will have to apply for an AEWV in their own right.

Partners/Dependents of workers who are still on Essential Skills Work Visa

The rules for now discontinued Essential Skills Work visa holders are slightly different and whether they are allowed to support work, visitor or student visas for their partners and/or children depends on the date of their application lodgement, their income or whether they have been assessed as low skilled, medium skilled or high skilled. Earning above or below the median wage is also a factor in determining whether the worker will be allowed to support a partner and/or children.

Get in touch with Immigration Advisors New Zealand Ltd, which provides up-to-date immigration information so you can consider opportunities and prepare yourself for the future. To know all the required procedures, contact us at contact@nzimmigration.info or call on +64 09 3790219.

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Who is a Licensed Immigration Adviser (LIA)?

A Licensed Immigration Adviser (LIA) has specialised expertise in New Zealand immigration matters and is licensed to advise unless explicitly exempt under the Immigration Advisers Licensing Act 2007.

When is a LIA required?

A visa applicant doesn’t need to engage the services of a Licensed Immigration Adviser but doing so can be highly advantageous. If your case is straightforward, you are confident you are eligible for a New Zealand visa, and you have the required documents and evidence, you may be able to make a successful immigration application without external help. However, it is highly recommended that you seek the help of an immigration adviser if any of the following apply:

You’re not sure if you’re eligible

This is one of the biggest concerns that many of our clients express. For example, if you are unsure if you meet the eligibility requirement, how close you are to meeting it, or even how you can meet it in future, an LIA can advise you. An LIA can also check and let you know if your spouse can become the primary applicant.

Your matter is complex

We deal with the most complex immigration cases, and there is almost nothing we have not handled successfully before.

You have already been declined

If you have already received an unfavourable decision (i.e. a visa decline letter) on your immigration application, you must engage the services of an LIA. Often you will only have a short time to challenge or appeal a decision, and hence hiring an expert in immigration to represent your case will give you the best chance of responding correctly and on time.

You are short of time

If you need to secure a decision quickly, perhaps to start work in New Zealand by a specific date or to join a family member, we will ensure that the time to get a favourable decision is as short as possible. We do this by submitting a decision-ready application with sufficient evidence and information to remove any reason for delay. Also, suppose you have a very busy schedule and don’t have the time to apply. In that case, we can handle the whole process for you – this can be particularly beneficial if your application involves gathering many supporting documents and includes several family members.

You have a poor immigration history

Suppose you have an adverse immigration history (e.g. the previous visa declines, deportation record, banned from entering a country, submitting false or fraudulent documents etc.) or have a criminal background. In that case, an LIA will be able to advise on the best way forward in light of your circumstances.

Your visa type has a high decline rate

Some visa applications have a higher decline rate in INZ than others; even some countries are deemed at higher risk than others by INZ. In addition, the documents checklist available on the INZ website can prove an applicant’s nemesis if not interpreted correctly. Therefore, engaging in an LIA will significantly boost your chances of securing a favourable decision.

Get in touch with Immigration Advisors New Zealand Ltd, which provides accurate and up-to-date immigration information so you can consider options, and opportunities and prepare yourself for the future. To know all the required procedures, contact us at contact@nzimmigration.info  or call +64 09 3790219.