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    Category: Updates

    Temporary Work Visa Transition Information For Employers

    Posted on by admin

    With effect from 1 November 2021, a single Accredited Employer Work Visa (AEWV) replaces the following six temporary work visas:

    • Essential Skills Work Visa
    • Essential Skills Work Visa — approved in principle
    • Talent (Accredited Employer) Work Visa
    • Long Term Skill Shortage List Work Visa
    • Silver Fern Job Search Visa (closed 7 October 2019)
    • Silver Fern Practical Experience Visa

    Effect On Employers Hiring Migrants

    As a precursor to the new Accredited Employer Work Visa policy, three of the existing accreditation and approval in principle policies stand non-effective from 30 June 2021. The three policies declared non-effective from 30 June 2021 are:

    • Accredited Employer (Talent- Accredited Employer)
    • Approval in Principle (Essential Skills)
    • Labour Hire Accreditation (Essential Skills)

    As evident, those employers unable to apply for a new status or renew a current status under these policies will no longer be able to do so from 30 June 2021.

    Effect On Migrant Employees

    Until 31 October 2021, Migrants will be able to apply for temporary work visas, like Essential Skills and Talent (Accredited Employer) Work to Residence visa. Thereafter, Accredited Employer Work Visa will have to be applied for.

    Accredited Employer Work Visa (AEWV) Application Process

    The new AEWV application process will be a three-step employer-led process. Before hiring a migrant on the AEWV employers form 01 November 2021 onwards will need to:

    • Have accreditation under the new system.
    • Apply for a job check to New Zealanders availability.
    • Request a migrant worker to apply for a visa.

    As part of the job check, the migrant will need to meet the skills and experience stipulated by the employer for the role.

    Just So That You Know

    • Employers will be able to hire migrants under the Essential Skills visa category without accreditation or approval in principle, up until 31 October 2021.
    • Employers who already employ a migrant on a temporary work visa don’t need to keep their accreditation active for the duration of the migrant’s visa.

    Important Timelines To Remember

    Employers who depend on the migrant workforce in their business must be mindful of important timelines in the interest of their employees.

    To be able to use one of these employer accreditation or approval in principle policies between now and 31 October 2021, holding appropriate status is critical e.g

    • If your current status is due to expire between now and 31 October 2021, and you want to use it over this time, you must apply to renew this by 30 June 2021.
    • If your status isn’t due to expire before 31 October 2021, you don’t need to do anything at this time.
    • New applications must be submitted by 30 June 2021. As long as they are submitted by this date, they will continue to be processed.

    Additional Information For Migrants

    • The changes to accredited employer work visas will not affect other work visas holders under this new regime.
    • Migrants who have a Work to Residence visa can still apply for residence after 31 October 2021.
    • Migrants who have a current temporary work visa will not be affected by these changes as long as they meet their visa conditions and their visa remains valid.

    Temporary Work Visas Not Affected Under New Policy

    • Recognised Seasonal Employer (RSE) Limited Visa
    • Working holiday schemes
    • Post-study Work Visa
    • Fishing Crew Work Visa
    • Religious Worker Work Visa
    • Specific Purpose Work Visa
    • Partnership work visas including Partner of a Worker Work Visa, Partner of a New Zealander Work Visa, and a Partner of a Student Work Visa.
    • Work visas granted for international or humanitarian reasons, such as domestic staff of diplomats, consular and official staff, and for refugee or protection status claimants.

    Conclusion

    • Employers will be able to apply for accreditation from late September, ahead of the 1 November 2021 introduction date.
    • Employers don’t need to be accredited in the new system by 1 November 2021 if they do not plan to start hiring migrants on AEWVs at this time.
    • Employers only need to be accredited under the new system to start hiring migrants on AEWVs.
    • Employers who want to start hiring migrants on AEWVs soon after 1 November 2021 should consider applying during the pre-accreditation period.
    • Businesses employing migrants who hold a current talent or essential skill visa don’t need to become accredited until they want to hire someone on the new visa.

    If you have any queries regarding any of the temporary work visa, please contact us. Our team of experienced Licenced Immigration Advisers is here to assist you with all your immigration-related

    queries and confusions; please contact us by sending an email at contact@nzimmigration.info or call us on +64 09 3790219

    Ref: Click here

     

    Update On Visa Extensions, New Visa Expiry Dates, and Changes To Visa Conditions

    Posted on by admin

    On 10th June, Immigration Minister Kris Faafoi has extended the validity of onshore Working Holiday visas (WHV) and Supplementary Seasonal Employment (SSE) visas that expire between 21 June and 31 December 2021 by six months.

    He said that the move would remove uncertainties in the case of migrant workers and also address the skills shortage faced by employers. It is also said that if the conditions of the borders demand so the visas will be extended further.

    WHV holders will continue to be able to work in any employment, except permanent employment. Supplementary Seasonal Employment visa holders will be given open work rights to work in any sector when their visas are extended.

    CONDITION FOR VISA EXTENSION

    Working Holiday Visa holders

    1. Have to be onshoree., in New Zealand on 14th June 2021 to get the extension.
    2. They will be contacted by 25 June 2021 by Immigration of New Zealand in order to confirm the extension of visa.
    3. Can use the confirmation email from Immigration of New Zealand (INZ) as an authentication for working while engaging with prospective employers.

    Supplementary Seasonal Employer (SSE) work visas expiring between 30 June 2021 and 31 December 2021 are being extended for six months as well. The conditions are similar to that of WHV.

    • Visa holders must be in New Zealand on 14 June 2021 to get the extension.
    • INZ will contact visa holders by 25 June 2021 confirming their extension.

    From 14 June 2021 SSE visa holders will have open work rights allowing them to work in any sector.

    UPDATE ON ESSENTIAL SKILLS VISA: MEDIAN WAGE

    While the current Essential Skills visas will not be extended, the Minister of Immigration has increased the duration of new Essential Skills visas for those who are paid below the median wage from 6 months to 12 months.

    This change applies to all visas granted on and after 10 June 2021, even in cases where the application was made while the instructions still specified a six-month duration.

    From 19 July, Essential Skills visa applications will be assessed using the median hourly wage of NZD$27.00, in line with the 2020 Statistics New Zealand median wage. It will continue to be a requirement that Essential Skills visa holders are given and paid for at least 30 hours of work per week.

    Employers will still need to prove they have been genuinely unsuccessful at attracting a New Zealander into the role before offering it to a temporary migrant.

    The stand-down period for Essential Skills work visa holders who are paid below the median wage, which would require them to leave New Zealand for 12 months after three years (four years for healthcare workers) before they can apply for another lower-paid Essential Skills work visa, will be further postponed until July 2022.

    UPDATE ON DAIRY FARM WORKERS

    For the border exceptions of dairy farm workers, the Minister of Immigration is also introducing a border exception for up to 150 Dairy Herd Managers, 50 Dairy Farm Workers and 50 veterinarians. INZ is finalising details with industry bodies and the Ministry of Primary Industries about this border exception and more information will be provided as these are confirmed.

    If you have any queries regarding any of the above visa category extension, please contact us. Our team of experienced Licenced Immigration Advisers is here to assist you with all your immigration-related queries and confusions, please contact us by sending an email at contact@nzimmigration.info or call us on +64 09 3790219

    Accredited Employer Work Visa (AEWV) Introduced: Road Map Ready

    Posted on by admin

    The first step toward change is awareness. The second step is acceptance. It’s time to say ‘Hello’ and accept the new Accredited Employer Work Visa (AEWV) introduced by New Zealand Government.

    This new visa type called AEWV will be introduced on 1 November 2021 and will replace 6 of the existing temporary work visa categories.

    So, let us begin by explaining what exactly is exciting about this new Temporary Work Visa System? It includes a simple 3-ways check visa application system. Therefore, no need to get puzzled up with the old and new rules till another amendment comes into effect. Take a sneak peek to avoid confusion.

    This is an employer-led system, which simplifies the application process and makes it easier for businesses and regions to fill genuine skills shortages.

    Let’s understand the employer-led new 3-check visa process.

    Check 1 – Employers Check

    Accreditation has become mandatory for all employers before they hire any migrant.

    The accreditation levels are:

    • standard accreditation — for employers who want to have up to 5 migrant workers on AEWVs at any one-time
    • high-volume accreditation — for employers who want to have 6 or more migrant workers on AEWVs at any one time.

    Franchisees and employers wanting to place migrants on AEWVs with third parties (including labour-hire companies) will need to meet additional criteria to get accredited.

    Check 2 – Job Check

    This check will also confirm the job pays the market rate, the terms and conditions comply with NZ employment laws, and the employer has a labour market test to ensure there are no New Zealanders available to do the job that they want to fill.

    Check 3 – Migration Worker Check

    This is the last step in the AEWVs process. In this check, the migrant worker must show they meet INZ’s character, identity and health requirements, and meet the skills and experience stipulated as part of the employer’s job check application. If they meet all the requirements, they will be granted a visa to work in New Zealand.

    An All-Time Opportunity For Better worker protection

    This latest move will prove to be an important step to combat migrant exploitation by strengthening requirements on employers.  The changes are also necessary for encouraging employers to focus on ways to train and up-skill New Zealanders.

    The system will reduce New Zealand’s dependency on lower-paid temporary workers, and can address productivity, skills and infrastructure challenges altogether. This will also increase the skill levels of migrants.

    Important Dates One Need To Know

    30 June 2021 is the last date to apply for Accreditation under the current voluntary accreditation scheme.

    September 2021 is the month to apply for the new Accreditation.

    Till 31 October, one can submit one of the visa types that is going to be changed/replaced.

    1 November 2021 the wait period will be over as the new AEWV policy will become effective and be active for both employer and migrants.

    If you want to know more about the new Accredited Employer Work Visa or if you have any queries, please contact us. Our team of experienced Licenced Immigration Advisers  is here to assist you with all your immigration-related queries and confusions, please contact us by sending an email at contact@nzimmigration.info or call us on +64 09 3790219

    Family Reunification: Critical Purpose Visitor Visa

    Posted on by admin

    This immigration policy update related to new border exceptions will enable many families to reunite after months of separation. The New Zealand borders are currently closed to most travelers unless they enter New Zealand from a Quarantine-Free Travel Zone or hold a Critical Purpose Visitor Visa (CPVV).

    Changes have now been made to immigration instructions for a new border exception. This exception will reunite partners and dependent children with temporary visa holders in New Zealand.

    As per these changes, The Minister of Immigration has expanded the CPVV category to include three categories (mentioned below). Applicants who fall under these categories may now be eligible for a CPVV provided they meet the eligibility requirement and are still in a genuine and stable relationship with their New Zealand partner.

    1. Partners and dependent children who hold a current visa based on their relationship to the person in New Zealand or have held a valid visa on 19 March 2020 but it has now expired because they were unable to enter New Zealand by the arrival date listed on their visa.
    2. Partners and dependent children of workers employed in critical health services.
    3. Partners and dependent children of highly skilled workers.

    For detailed information on the eligibility criteria for the categories mentioned above, please visit our INZ Update dated 19 April 2021.

    It is important to note that Immigration New Zealand is still keeping the CPVV alternative closed for the partner and dependent children of the Open Work Visa holders who may have occupations or critical health jobs. The prerequisite for CPVV at this time is that the visa should reflect that you are working in an occupation in critical health services.

    If you have any questions or require information regarding your situation, contact Immigration Advisers New Zealand Ltd at contact@nzimmigration.info or call on +64 09 3790219

    Some Respite For Partners And Dependent Children Of Temporary Visa Holders

    Posted on by admin

    Partner and Dependent Children Of Temporary Visa NZ Holder

    How much you have waited to meet your loved ones! After getting the information below, a lot of families seem relieved that the wait is now over. Yes, Partners and dependent children of temporary visa holders who are currently outside New Zealand may be eligible to travel to New Zealand under this border exception category, which will come into effect on 30 April 2021.

    The border exception is for the following three groups:

    1. Partners and dependent children who held (and continue to hold) a visa for New Zealand but were unable to join their partner or parent in New Zealand before the border closed.

    To be eligible to enter New Zealand under this group, partners or dependent children outside of New Zealand must hold a current visa based on their relationship with the person in New Zealand. The partner or parent must be currently in New Zealand and have 12 months or more remaining on their work or student visa when the request to travel is submitted.

    1. Partners and dependent children of workers employed in critical health services.

    Doors are now open for Partners and dependent children of workers employed in critical health services who are currently in New Zealand and hold a valid visa for 12 months or more, specifying they work in an occupation needed to deliver critical health services in New Zealand.

    1. Partners and dependent children of highly-skilled workers

    Partners and dependent children of highly-skilled workers, working and living in New Zealand on a temporary visa that is valid for 12 months or more, earning at least twice the median salary, which is currently NZ $106,080 per year, are also now eligible for a border exception.

    The person in New Zealand must also meet one or more of the following:

    • they have unique experience and technical or specialist skills not readily obtainable in New Zealand
    • they have a role essential for the completion or continuation of a science programme under a government-funded or partially government-funded contract, including research and development exchanges and partnerships, and have the support of the Science, Innovation and International Branch at MBIE to carry out this work
    • A role essential for the delivery or execution of one of the following:
      • an approved major infrastructure project, or a government-approved event or a major government-approved programme
      • an approved government-to-government agreement
      • work with a significant wider benefit to the national or regional economy.

    In your request to travel, you will be asked to provide information from the person’s employer in New Zealand to prove eligibility.

    If your request is successful, you will be invited to apply for a visa. Your visa application must provide evidence of your relationship with your partner or parent in New Zealand.

    If you have any questions or require information regarding your situation, contact Immigration Advisers New Zealand Ltd at contact@nzimmigration.info or call on +64 09 3790219

    Reference: immigration.govt.nz

    Changes To NZ Labour Market Skills: Over And Under Supply Lists

    Posted on by admin

    The New Zealand Government and the Ministry of Social Development (MSD) have created lists of occupations and regions facing clear over-or under-supply of New Zealanders.

    The lists are continuously updated to ensure that the oversupply and undersupply occupations are aligned to the changes in labour market conditions. In pursuance of this policy, from 16 April 2021, Immigration New Zealand (INZ) will use the updated lists to assess Essential Skills Work Visa applications paid below the median wage.

    The Covid-19 pandemic has had a significant and evolving impact on migration flow and the labour market in New Zealand.

    With the new changes, INZ has stated clearly that employment opportunities are to be offered to as many New Zealanders as possible.

    The overseas workers may be allowed work visas where they can demonstrate that there is a genuine labour shortage. As per the already laid down policy, INZ asks New Zealand employers to list job vacancies with Work and Income to determine whether local workers can fill the role first. If that’s not possible, a Skills Match Report (SMR) is accepted in support of a work visa application.

    After considering various factors, INZ has introduced changes to the requirement for an SMR for occupations on a Labour Supply List.

    Labour Market List

    The MSD has come up with the occupations lists and regions where there is an obvious oversupply or undersupply of New Zealanders who are available to work in those specific occupations to make it easier for employers to find the information relevant to their business.

    From 16 April 2021, Immigration New Zealand will use the updated lists to assess Essential Skills work visa applications that are paid below the median wage.

    Additional jobs are being added to the undersupply lists in various regions, which implies that SMR will not be required with work visa applications that are paid below the median wage. Employers will still need to advertise their job vacancies and demonstrate they have made genuine attempts to attract and recruit suitable New Zealanders.

    Whereas no such improvisations are incorporated for the oversupply lists for any region. In fact, several roles are being removed from the list, and the employers will need to provide an SMR for roles paid below the median wage unless the role is on the undersupply list.

    Other changes include adding the ANZSCO codes for each role to improve consistency and simplifying the steps for checking whether an employer needs an SMR.

    If you have any questions or require information regarding your situation, contact Immigration Advisers New Zealand Ltd at contact@nzimmigration.info or call on +64 09 3790219.

    NZQA Update: Change To Student Fee Protection (SPF) Rules

    Posted on by admin

    The New Zealand Qualifications Authority (NZQA) has an update regarding the new set of rules aligned for the Education and Training Act 2020 with minor correction and one rule change to the Student Fee Protection (SFP) Rules. However, it will not change the previous requirement for a student.

    The new SFP Rules aimed to ensure that students should be treated equally and fairly in all the events (that included programme or training scheme) if they are not participating in a course.

    As per the rule, PTEs cannot retain students’ fees on the grounds of a ‘no-show’/no-participation by a student. In this condition, they are liable to get a full refund less the statutory amount PTEs are entitled to retain.

    The new SFP rule is:.

    Rule 4.2

    In the following situations, a Student must be treated as having withdrawn, within the Refund Period, from a course in which the student was enrolled with provider:.

    (a) where the student fails to attend or participate in the course; or.

    (b) where the student attends or participates in the course during the refund period but stops attending or participating in the course before the end of the refund period..

    4.3 Rule

    4.2(b) does not apply where the student attends or participates in that course after the end of the refund period..

    As a consequence of this change, some students may decide not to contact the PTE to withdraw when they should have done so formally. Hence, this rule change will place greater responsibility on the Private Training Establishment (PTE). They will need to clearly outline their withdrawal process, including the expectation to notify the PTE if a student decides to withdraw and for the PTE to follow up with a student who is not participating to confirm their intention..

    Please note that PTEs continue to be allowed by law to keep a certain proportion of the fees to contribute to their administrative costs..

    The Rule change also includes clarifying that a student who attends or participates at any point after the end of the refund period will not be considered as having withdrawn before the end of the refund period. Hence, PTE must attempt to contact the student to confirm their intention, and if appropriate, notify the student that they will be withdrawn from the course and receive any fee refund they are entitled to. However, if the student participates again, even intermittently, they will not be considered as withdrawn..

    If you need more information, please feel free to connect with Immigration Advisers New Zealand Ltd, talk to our Licensed Immigration Advisers and address all your concerns..

    Reference: https://www.nzqa.govt.nz/about-us/our-role/legislation/nzqa-rules/.

    Quarantine – Free Travel To Australia Announced, Working Holiday Schemes Deferred

    Posted on by admin

    As you already know New Zealand is a country that has adopted a different approach, in the sense that only visitors traveling from safe zones in Australia will not be required to enter managed isolation or quarantine on arrival in New Zealand.

    The first quarantine-free travel destination in these pandemic times will be available for travel-starved people from 19 April 2021. This will allow more movement between New Zealand and safe zones in Australia. The government of New Zealand said it will open visitors’ movement between the country and from safe zones of its neighbor country, Australia.

    It’s important to make a note that the border rules are subject to change so travelers must prepare for disruption to their plans keeping in mind the worst-case scenario.

    Eligibility Requirement

    All the immigration requirements are to be followed which includes that one should have spent a minimum of 14 days in either of the two countries.

    Another good news for those who had COVID-19 tested positive, they can actually travel with a piece of written advice from their health practitioner declaring that they are no longer infectious.

    However, the citizens of both countries are allowed to travel cross- borders!

    Note: Quarantine – Free Travel is only permitted on commercial airlines. Border restrictions remain in place for private flights and maritime borders.

    Working Holiday Scheme

    On the other hand, New Zealand’s Working Holiday Schemes allow visa holders to work in and explore our country.

    In April 2020, the Government deferred the opening of capped Working Holiday Schemes, as part of New Zealand’s response to COVID-19.

    On 6 April 2021, the Government decided to continue deferring the opening of all capped WHS until the New Zealand border settings are such that applications can be accepted and processed, visas can be granted, and visa holders can travel to New Zealand for the full entitlement of their WHS visa.

    Uncapped Working Holiday Schemes remain open to people already in New Zealand. However, when New Zealand enters a Quarantine-Free Travel Zone with Australia, eligible applicants in Australia will also be able to apply for a visa under the uncapped schemes. This would apply if New Zealand enters Quarantine-Free Travel Zones with other countries as well.

    INZ continues to work with temporary migrants and sectors affected by the COVID-19 border restrictions.

    If you have any questions about the Quarantine – Free Travel, please email Immigration Advisers Nee Zealand Ltd. at contact@nzimmigration.info or call us on +64 09 3790219

    Ref – immigration.govt.nz & covid19.govt.nz

    Sleepover hours And Minimum Wage Obligations For Employers / Employees

    Posted on by admin

    Update on Sleepover hours in the aged and residential care industry

    Sleepover hours in the aged and residential care industry

    Immigration New Zealand’s Visa Pak issue 465 dated 1st April 2021 has issued a clarification on rules for sleepover clauses in employment contracts. This immigration communique will clarify the impact on the processing of both Essential skills and Skilled Migrant Category visas.

    Some employment agreements in the Aged and Residential Care Industry include a sleepover clause where the applicant is paid lesser than the standard amount (currently $25.50) for the hours where they are allowed to sleep during the shift.

    Immigration Instruction SM6.20 (g) states that each hour of work must be paid at or above the applicable per hour remuneration threshold.

    Some employment agreements in the Aged and Residential Care Industry include a sleepover clause where the applicant is paid below the applicable remuneration threshold (currently $25.50) for any hours the applicant is allowed to sleep during a shift. Sleepover hours are considered hours of work as the sleepover is an activity performed for gain or reward and is not an activity excluded from the meaning of ‘work’ under immigration instructions (W2.2.1). If an applicant is paid less than the remuneration threshold for sleepover hours included in their contract then SM6.20(g) is not met.

    Sleepover Hours

    To make it easier, let’s take the help of a hypothetical example.

    Example: John works as a care worker with sleepover shifts included in his contract. During his shifts, he is allowed to sleep if his services are not required (this is allowed only under some conditions). He is provided with suitable facilities to allow him to sleep at his workplace.

    This means that sleepover hours are considered hours of work as the sleepover is an activity performed for gain or reward during his work hours and is not an activity excluded from the meaning of ‘work’ under immigration instructions (W2.2.1). So, if John is paid less for these hours than the standard amount, SM6.20 (g) is not met.

    As per the immigration instruction WK3.5.5 (g), payment for each hour should be at least $25.50 for employment to be identified as paid at or more than the average wage. (Refer to WK3.5.1.b).

    For situations where the total wage criteria are not met, the immigration visa officer would provide an applicant with the opportunity to comment before a decision is made on his/her application. Here he or she is free to re-submit the contract without adding the sleepover clause or the employer can reconfirm the amount to be paid for sleepover hours.

    If you want to know more about the sleepover hours or how it impacts the assessment of concerned visa types, contact Immigration Advisers New Zealand Ltd at contact@nzimmigration.info or call on +64 09 3790219

    New Zealand Shifts To Mandatory Registration Of All Social Workers From 27 February 2021

    Posted on by admin

    Mandatory registration is required by law from 27 February 2021 for all social workers to undertake employment in New Zealand. Residence immigration instructions have been amended to incorporate Social worker occupation to the list of occupations requiring registration under the Skilled Migrant Category (SMC).

    Social workers provide care, advice and support to people with personal or social problems and help with community and social issues.

    All social workers now need to be registered with the Social Workers Registration Board (SWRB). To gain clarity it is good to know that you need to be registered if you:

    • call yourself a social worker,
    • are known as a social worker, or
    • are held out to be a social worker.

    Those who do not have an SWRB-recognised social work qualification but have practical social work experience in New Zealand, may still be eligible to register under the experience pathway.

    How to enter a job of a Social Worker?

    To become a social worker, you need to have a recognised qualification, such as:

    • Bachelor of Social Work
    • Bachelor of Applied Social Work
    • Bachelor of Bicultural Social Work
    • Master of Applied Social Work
    • Master of Social and Community Work (Applied)

    The Government employs most social workers.

    • District health boards employ 23% of registered social workers
    • Oranga Tamariki-Ministry for Children directly employs another 22% of registered social workers and funds social workers in community organisations.

    Other employers are not-for-profit, iwi and Māori agencies, the education sector and private practices. Four per cent are self-employed. Most social workers are in full-time work, but 20% work part-time.

    If you are interested in obtaining an SWRB-recognised qualification to become a registered social worker or discuss the possibility of applying for residence, please email Immigration Advisers New Zealand Ltd contact@nzimmigration.info or call us today on +64 09 3790219.

    New Zealand Dairy Sector Update: Skilled Occupations

    Posted on by admin

    Changes have been made to Residence and Temporary Entry immigration instructions by Immigration New Zealand (INZ) to reflect new task descriptions developed by Statistics New Zealand, for three dairy roles under the occupation Dairy Cattle Farmer (ANZSCO 121313).

    With effect 15 February 2021, INZ will now assess the following roles based on version 1.3 of the Australian and New Zealand Standard Classification of Occupations (ANZSCO), provided by Statistics New Zealand in their Ariā classification management system :

    • Dairy Farm Manager (Skill Level 1)
    • Assistant Dairy Farm Manager (Skill Level 3)
    • Dairy Herd Manager (Skill Level 3)

    In the past, only Dairy Farm Managers were considered as skilled occupation by INZ for residence under the Skilled Migrant Category (SMC). This is a skill level 1 occupation on ANZSCO which requires either a bachelor’s degree or five years’ experience. Not everybody could meet the qualification and/or experience requirements for the skill level 1 position, thus preventing many dairy farmworkers from applying for residence under the SMC.

    What Does The Change Mean?

    The recent change now means that applicants will now also be able to apply for residence based on the above two skill level 3 positions provided they can meet the other eligibility requirements. Skill level 3 occupations generally require either three years of relevant work experience or a level 4 qualification.

    The other dairy farm occupation on the earlier version of ANZSCO is that of a Dairy Farm Worker, a skill level 5 position that made it difficult for many other farmworkers who did not meet the requirements for the skill level 1 position to apply for residence.

    The newly introduced changes will now open pathways for residence for a large number of dairy farmworkers, and will also go a long way in addressing the manpower challenges faced by employers in this industry.

    If you are working in the dairy industry or planning to take up a role, and would like to discuss the possibility of applying for residence, what it involves or whether you qualify, please email Immigration Advisers New Zealand Ltd at contact@nzimmigration.info or call us today on +64 09 3790219

    Border Exception for Normally Resident Work Visa Holders: Conditions Attached

    Posted on by admin

    The New Zealand Government had announced last month that it will allow some work visa holders who are overseas now but usually live in New Zealand to re-enter the country.

    Consequent to the announcement by the Government Immigration New Zealand (INZ) has now put a process in place, and the revised instructions have come into effect from 09 October 2020.

    Only those who departed New Zealand between 1 December 2019 and 9 October 2020 and held an Essential Skills Work Visa based on mid or higher-skilled employment or assessed as at or above the median wage, a Work to Residence Visa or an Entrepreneur Work Visa when they left are eligible to request for entry. INZ would grant entry to them as work visa holders who normally live and works in New Zealand.

    To be considered for the new border exception and to demonstrate a strong and ongoing connection to New Zealand with realistic prospects of remaining here long-term, visa holders must:

    • still hold their job in New Zealand, or continue to operate a business in New Zealand
    • hold either work to residence visa, or an essential skills visa that is not subject to the stand-down period, or an entrepreneur visa
    • have departed New Zealand on or after 1 December 2019
    • have lived in New Zealand for at least two years, or, if living in New Zealand for at least one year, have one of the following:
    • an entrepreneur work visa and operating a business in New Zealand (and operated it before departing New Zealand)
    • their dependent children with them in New Zealand (for at least six months)
    • parents or adult siblings who are ordinarily resident in New Zealand
    • submitted an application for residence by 31 July 2020
    • have held a visa at the time of departing that does not expire before the end of 2020, or, if expiring before that date, have applied for a further visa by 10 August 2020.

    The clause of having lived in New Zealand for at least two years has a condition attached to it, which was not clarified before. This has only come into the picture when INZ released the online form for requesting border exception.

    This condition stipulates that there is also a requirement for the applicant to have spent 273 days or more in New Zealand in each of the two 12-month periods immediately before their departure.

    The Government is expecting up to 850 visa holders may be eligible for this category, and it will monitor numbers.

    For any queries or clarifications please reach out to us:

    – Phone: +64 9 379 0219
    – WhatsApp: +6421 080 14228
    – Email: contact@nzimmigration.info
    – Visit our website: www.nzimmigration.info

    Reference: https://www.beehive.govt.nz/release/new-border-exception-normally-resident-work-visa-holders-0

    Essential Skills Work Visa: Updates To Skills Match Report Process

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    COVID-19 has presented a unique set of challenges for New Zealand job seekers, employers and temporary work visa holders. Although the impact is varied across regions, it is evident that more people are now looking for work.

    The New Zealand Government has thus taken cognisance of the changing job market and announced changes related to Skills Match Report (SMR) process. These changes have streamlined the SMR process for employers.

    As part of these changes, the Ministry of Social Development (MSD) has created lists of occupations and regions. It is to find out where there is a clear over or undersupply of New Zealanders on Job Seeker Support. The lists have been published on the Work and Income website.

    Likely Impact

    These changes address the requirement of sectors that are experiencing workforce challenges to secure visas for some occupation groups.

    The changes are designed to provide a clear signal to employers that visa applications for low-paid roles are unlikely to be successful for occupations where there is an oversupply of available New Zealand job seekers.

    Listing of Role

    The lists are prepared to reference the ANZSCO (Version1.2) codes for each occupation listed. Immigration New Zealand (INZ) will refer to it and assess whether the job offered matches an occupation on the undersupply or oversupply list. Based on this assessment, INZ will determine whether an SMR would be required for employment where salary is below the median wage.

    The anticipated scenarios based on the current job market are as under:

    Undersupply of New Zealand Jobseekers

    Those occupations and regions where there is an undersupply of New Zealand job seekers, employers will now no longer need an SMR. However, these roles would have to be such which pay below the national median wage, currently $25.50 an hour.

    Employers however will have to endeavour towards showing that they have genuinely and publicly advertised the role for New Zealanders to have seen it. On being able to deliver such an effort, employers would be able to support a migrant work visa application.

    Oversupply of New Zealand Jobseekers

    INZ has a system in place that ensures New Zealanders are always first in line for jobs. Once it is well established that the need is genuine and that New Zealanders are not available to meet it, access to migrant workers is enabled.

    For occupations and regions on the oversupply list, employers can move straight to engaging with MSD to recruit New Zealand job seekers. This process is in place anticipating that there are New Zealand job seekers on Job Seeker Support available.

    No Clear Oversupply or Undersupply

    Where there is no clarity over whether there is over or undersupply of New Zealand job seekers, employers will follow the current SMR process.

    An SMR would still have to be procured from MSD before an employer can hire a migrant earning below the national median wage (currently $25.50 an hour).

    Temporary Measure

    The lists of occupations on the over and undersupply framework will be reviewed every three months or sooner if there is a significant change to the labour market. The first review will be in early 2021, and a decision taken by INZ if there is an ongoing need in light of the labour market conditions at the time.

    This review, when undertaken, will also be in advance of the implementation of planned reforms to the temporary work visa system (including strengthening of the labour market test).

    Conclusion

    INZ will use these lists from 7 October 2020. However, during its assessment, INZ will continue to consider SMR for applications submitted before 7 October 2020.

    INZ will also use the ANZSCO (version 1.2) to confirm an occupation is on the over or undersupply list. It will also remain necessary for employers to match the job that they are offering to the ANZSCO occupation accurately. This match will be critical during the assessment done by INZ to consider whether the job is on the oversupply or undersupply lists.

    Reference: https://www.immigration.govt.nz/about-us/media-centre/news-notifications/employers-can-find-out-more-easily-if-new-zealanders-are-available-for-jobs

     

    Work To Residence Visa: INZ Update, 25 September 2020

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    Immigration New Zealand offers many types of visas that will allow you to work in New Zealand. One of them is Work to Residence Visa, which is a great way to move from a temporary work visa to a residence visa. The objective of this visa category is to enable the grant of residence visas to people whose talents are needed by New Zealand employers, people with exceptional talent in a field of art, culture or sport and people working in areas of identified absolute occupational shortage in New Zealand.

    However, due to the circumstances arising due to COVID-19, holders of Work to Residence visa were left wondering what the future held in store for them.

    INZ taking cognizance of this has issued an amendment to the relevant immigration instructions on 25 September 2020 and announced that these changes apply to those who have a Residence from Work application in progress.

    What has changed?

    The amendment to the relevant immigration instruction has brought about changes that will allow applicants to be granted a subsequent Work to Residence visa in order to maintain their eligibility for residence and will provide some flexibility for South Island Contribution work visa holders.

    The changes to immigration instructions allow, in cases where a residence from work visa has been lodged:

    • A subsequent Work to Residence visa to be granted where the applicant is aged over the 55 year age limit
    • A subsequent Work to Residence (Accredited Employer) visa to be granted where the applicant’s employer is no longer accredited
    • South Island Contribution work visa holders to vary the industry or region specified on their visa to another industry or region in the south island.

    These instructions are effective on and after 28 September 2020.

    For any queries or clarifications reach out to us:

    – Phone: 09 379 0219
    – WhatsApp: +6421 080 14228
    – Email: contact@nzimmigration.info
    – Visit our website: www.nzimmigration.info

    Employer-Assisted Work Visa Changes Announced By Immigration New Zealand : 08 July 2020

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    In continuation of their effort to align with the changes being brought about by recent and not so recent factors affecting employment sector in New Zealand, Immigration New Zealand (INZ) in a public communication on 08 July 2020 has made some important announcements.

    The changes announced are majorly lined with the previously announced changes to employer-assisted work visas last year.

    The directives issued legislate that from 27 July 2020, ANZSCO will no longer be used to determine whether a job is considered higher- or lower-paid. Instead, a simple remuneration threshold will be used which means that work visa applications for jobs that are paid below the median wage will need to include a Skills Match Report (SMR) from the Ministry of Social Development. The duration of the visa will also be dependent on whether the individual will be paid above or below the national median wage.

    Furthermore, in light of the impact that COVID-19 continues to have on businesses, three short term changes to visa settings for temporary work visa holders in New Zealand have been advised. These changes are as follows:

    1. Extention of Visas: INZ has extended visas of all existing employer-assisted temporary work visa holders who are currently in New Zealand and whose visas are due to expire before the end of 2020 by six months.

    This includes work visa holders whose visas are due to expire after 9 July 2020, as well as those visas that were previously extended to 25 September 2020 under the Epidemic Management Notice. This extension will be automatic for most visa holders. All other conditions of the original visa remain the same, including the specific occupation and specific employer and location.

    2. Delay of Stand Down Period: INZ has delayed the introduction of the 12 months stand down period for lower-paid workers who have had their employer-assisted work visa extended.

    This delay of stand down period will come as a relief to those people who have been in New Zealand on a lower-paid Essential Skills visa for three years were/are unable to be granted a new Essential Skills visas until they have spent 12 months outside New Zealand.

    This time-limited change will enable lower-paid migrants who are subject to the stand-down between August 2020 and the end of December 2020 to stay in New Zealand and work for the same employer in the same occupation and location for up to a further six months, in line with their visa extension.

    Any migrants who are/were subject to the stand-down period from February 2021 will still be required to leave New Zealand for 12 months before they can apply for another lower-paid work visa.

    3. The duration of all new lower-paid Essential Skills work visas has been reduced from 12 months to six months to mitigate future labour market risks.

    This will apply to all new lower-paid Essential Skills work visa applications lodged from 10 July. The Essential Skills Work Visa Applications received before 10 July will still be granted a 12 months’ visa if approved.

    For any queries or clarifications reach out to us – contact@nzimmigration.info

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