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    Category: Immigration New Zealand Updates

    New 3-check Work Visa Application Process Being Introduced In Mid 2021

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    New Temporary Work Visa System Overview

    Immigration New Zealand (INZ) is introducing a slew of changes to existing temporary work visa settings. The changes that will come into effect after mid-2021, include a new 3-check visa application system and a new visa that will replace six of the existing temporary work visas.

    The new 3-check visa application process will be employer led, which means that before hiring a migrant on this new work visa, employers will need to:

    • apply for accreditation
    • apply for a job check to make sure the role they want to fill cannot be done by New Zealanders, and
    • request a migrant worker to apply for a visa.

    While several questions remain unanswered, it is expected that INZ will release further information on the proposed changes in the coming weeks. These changes are being introduced with the intention of streamlining the current work visa system, minimising the potential exploitation of migrant workers, and to ensure more employment opportunities for New Zealanders.

    Know The 3-Check Process

    Check 1: Employer check – Before hiring any migrant worker, the employer will need to apply for accreditation. This “employer check” will replace three existing employer schemes (other 3 are mentioned below):

    • Accreditation as a Talent Accredited Employer (to be replaced);
    • Approval in principle (AIP) before an employer hires worker on an Essential Skills Work Visa (to be replaced);
    • Labour Hire employers accreditation for Essential Skills Work visas (to be replaced).

    There will be two main accreditation levels that employers can apply for – standard accreditation and high-volume accreditation. Both levels will have their own set of criteria.

    Check 2: Job check – Before hiring any migrant worker, the employer must demonstrate that the job position that needs to be filled cannot be filled by New Zealanders. Applying for this “job check” will confirm that the job pays the market rate, complies with employment laws, and the employer has done a labour market test if needed.

    Check 3: Migrant worker check – This is where the migrant worker will apply for a visa. The migrant applying for the visa must fulfil the basic requirements of character, identity, and health. The migrant worker must prove that they indeed have the skills and/or qualification to fulfil the job they are aiming for. If they meet all the requirements, they will be granted a visa.

    Who Are Affected (And Who Aren’t)?

    This new employer-assisted work visa will replace six existing work visas: Long Term Skill Shortage List Work Visa, Talent (Accredited Employer) Work Visa, Essential Skills Work Visa, Essential Skills Work Visa — approved in principle, Silver Fern Job Search Visa (closed 7 October 2019), Silver Fern Practical Experience Visa.

    Please note, however, that this new visa system will not affect or change other temporary work visas such as Specific Purpose Work Visa, Post-study Work Visa, Religious Worker Work Visa, and more.

    Confused? Need Help?

    If you hold a work visa that is affected by these announced changes and are uncertain about your future in New Zealand or if you are planning to apply for a work visa but are unclear of the process – get in touch with an experienced Licensed Immigration Adviser (LIA). Tap on their expertise to understand this new visa system, how it may affect you, and what steps you need to take. At Immigration Advisers New Zealand Ltd., we have a team of Licensed Immigration Advisers that has 50+ years of collective experience. Get in touch with us today and talk to one of the experts.

    Latest Update From Immigration New Zealand

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    With increased processing capacity and the ability for some staff to access INZ offices, INZ is now able to resume the processing of paper applications such as residence class visa applications and formally prioritise both residence class and temporary entry class visa applications. All offshore offices remain closed for now.

    For residence applications, priority will be given where the applicant is in New Zealand. Priority will be given as below:

    Applicants who have an hourly rate equivalent to or higher than twice the median wage (currently $51.00 per hour or an annual salary of $106,080 or more);
    Applicants who hold current occupational registration where registration is required by immigration instructions.
    For Residence from Work Category applications (Talent (Accredited Employer), Talent (Arts, Culture and Sport), South Island Contribution, Religious Worker and Long-Term Skill Shortage List), priority will be given as below:

    Applications which include a job offer with an hourly rate equivalent to or higher than twice the median wage (currently $51.00 per hour or an annual salary of $106,080 or more);
    Applications include a job offer that requires occupational registration where occupational registration is required by immigration instructions.

    The second priority will be given to residence class visa applications where the applicant is out of New Zealand.

    Check Out Latest Minimum Wages In New Zealand

    In terms of temporary entry class visa applications, priority will be given to applications for critical workers to support the Government response to COVID-19 and for other temporary visa applicants that are in New Zealand. Offshore temporary visa applications will be given lower priority.

    Immigration officers still retain the discretion to prioritise other applications where the circumstances of the application require particular urgency.

    New Zealand Immigration Changes

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    Immigration New Zealand has announced changes that will have significant effect on the labour market contribution of migrants in terms of where they work, which industries they work in, the proportion who work or receive income support, and their earnings and sources of income. These changes will come into effect on 14 August 2017, and these changes will impact some people in low paid employment.

    The highlights of changes in policy are as under:

    • More Emphasis will be put on characteristics associated with Better Outcomes.For example jobs that are Currently Considered Skilled renumeration threshold is being set at $48,859.00 a year while jobs that are Currently Not Being Considered Skilled but are well paid the remuneration threshold is being set at $73,299.00
    • More Points will be available for Skilled Work Experience and Some Recognised Post Graduate Qualifications, and Points For Age Will Increase for applicants aged 30-39.
    • Points Will No Longer Be Available for Qualifications In Areas Of Absolute Skills Shortage, for Employment, Work Experience and Qualifications In Identified Future Growth Areas and for Close Family in New Zealand.

    ESSSENTIAL SKILLS WORK VISA

    In addition to the above New Zealand Government is also consulting on changes to temporary migration settings to manage the number and settlement expectations of new migrants coming to New Zealand on Essential Skills work visas.

    Three years Criteria

    Introduction of a maximum duration of three years for lower-skilled Essential Skills visa holders, after which there will be a minimum stand down period before they can apply for another lower-skilled Essential Skills visa.Three years has been proposed as the maximum duration for lower-skilled Essential Skills work visas because maximum duration of three years provides a balance between giving visa holders the opportunity to transition to a more highly-skilled Essential Skills visa or obtain residence, while also ensuring that migrants with no pathway to residence do not become well-settled in New Zealand. It also provides employers with sufficient time to recruit new staff or up skill existing staff to fill the role.

    Restricting Partners and Children

    New Zealand Government is restricting the ability of partners and children of lower-skilled migrant workers to come to New Zealand in order to reinforce the temporary nature of the visa and reduce expectations of settlement from temporary migrants with no pathway to residence. Lower skilled Essential Skills workers would take up employment in New Zealand with a full understanding that they would not be able to bring their family. Partners and children would still be able to come to New Zealand as a visitor and will only gain a work or student visa if they meet visa requirements in their own right.

    Immigration New Zealand Takes Action On Students Breaching Visa Conditions

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    Several news report items as well as a communique of Independent Tertiary Education New Zealand (ITENZ) conveys that INZ has prioritised for deportation Indian nationals that are:

    • Unlawfully in New Zealand or
    • In breach of their visa conditions and
    • Outside of the appeal period to the Immigration and Protection Tribunal.
    • Due to the investigative work undertaken by its Risk Management Team, INZ has become increasingly aware of issues in the India market and is working with its partner agencies to tackle the problem.

    INZ has already uncovered fraudulent behaviour involving the submission of forged or altered education loan documentation with student visa applications from India. It has identified approximately 160 approved student visas, of which 17 were cancelled before they entered New Zealand. The remaining students are in New Zealand and compliance action is being taken against those individuals.

    We at Immigration Advisers New Zealand Ltd (IANZ) recognise that international students are vulnerable to exploitation and are focused on ensuring that students do not put themselves in a vulnerable situation.

    A significant amount of enforcement activity is now underway in New Zealand involving Indian nationals. There are a number of ongoing investigations being carried out dealing with allegations of exploitation, provision of false information, aiding and abetting of unlawful work/overstaying and allegations of relationship fraud concerning Indian nationals and some education providers.

    Please be advised that subject to any special direction to the contrary, every student visa, limited visa and interim visa granted for the purpose of study is subject to the following conditions:

    • The holder must attend the programme of study at all times as required, at the place of study endorsed on the visa, unless there are genuine reasons for absences; and
    • The holder must make satisfactory progress in the programme of study, which is primarily determined by the education provider offering the programme of study, and assessed against its academic progress policies; and
    • The holder must pay all or any fees that may be fixed from time to time and that are payable by the holder in respect of the programme of study undertaken or to be undertaken.
    • At all times during the currency of the visa to be in New Zealand, the holder must have the means to maintain himself or herself in New Zealand.
    • At all times during the currency of the visa to be in New Zealand, the holder must have the means to travel to a country to which the holder has a right of entry.

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