Category: Updates

The New Zealand Government is implementing changes to the Migrant Exploitation Protection Work Visa (MEPV).

Effective from October 31, 2024, applicants will no longer be eligible for a second MEPV. However, Immigration New Zealand (INZ) will consider any second MEPV applications submitted by October 30, 2024. Individuals whose first MEPV expires on or before November 30, 2024, can apply for a second MEPV before October 30, if they wish.

Additionally, beginning October 31, the definition of migrant exploitation will be revised to more effectively address harmful and exploitative actions. Employment New Zealand will exclude the following from being classified as migrant exploitation when reviewing reports:

• Lawful termination of employment and redundancies
• Non-payment of final wages due to company liquidation
• Situations lacking a true employment relationship, such as actions not conducted by or on behalf of an employer of the migrant worker

Migrants with legitimate reports of exploitation can still request an MEPV for up to six months, allowing them to exit exploitative circumstances and remain legally in New Zealand while seeking new employment. If they cannot find suitable work, INZ encourages them to use this period to plan their return home.

Ref – Click here

This INZ update released on 6 September 2024 provides crucial guidance to the visa officers on how to assess teachers’ salaries and hours of work for various visa application purposes, specifically the Accredited Employer Work Visa (AEWV) and Skilled Migrant Residence (SMR) applications. Immigration instructions WA4.10 and SR2.5 outline the necessary steps.

Accredited Employer Work Visas

Visa Officers have been told that when assessing AEWV applications, it’s essential to note that some teachers may not provide evidence of a confirmed final salary. This is often due to the application being submitted before a final salary assessment is completed by Education Payroll Ltd (EPL), which is contracted by the Ministry of Education to provide such assessments. In these cases the visa officers need to consider the following:

• Interim Salary Assessment: If a final salary assessment is not completed, an interim assessment provided by EPL can be submitted.

• Collective Agreements: All state and state-integrated sector teachers are covered by collective agreements. These agreements specify market rates.

• Salary Range: If the interim salary or estimated salary range provided by the applicant falls within the range specified in the relevant collective agreement, it meets the requirements of immigration instructions WA4.10.

• Consultation: If there’s uncertainty regarding the skill level within the specified range, consult your Technical Advisor or Immigration Manager. Operations Support can also provide further advice.

Residence Applications

Visa officers have been also told that when assessing salaries for Straight to Residence (SR4.10), Skilled Migrant (SR3.20), and Work to Residence (SR5.10) applications:

• Salary Information: Always request salary information if the actual salary is not clear.

• No Estimates: Estimating salaries for residence visa applications is not appropriate.

Hours of Work

The visa officers have been communicated that according to the collective agreement:

• Full-Time Teachers: Expected to be paid for 40 hours per week, averaged out across the year, including school holidays.

• Term-Time Hours: Timetabled hours during term time are 20-25 hours per week, with the remainder dedicated to lesson planning and administrative tasks.

• Hourly Rate Calculation: Use 40 hours per week as the standard for full-time teachers when calculating the hourly rate.

Collective Agreements

Below are the links to the relevant collective agreements with clauses that should be referred to during the assessment of relevant visa applications:

Primary School Collective Agreement

• Qualification Group Guidelines – Clause 3.3

• Salary Scale – Clause 3.2

Area School Collective Agreement

• Qualification Group Guidelines – Clause 3.1.3

• Salary Scale – Clause 3.1.2

Secondary School Collective Agreement

• Salary Scale and Qualification Group Guidelines – Clauses 4.1.1 and 4.1.2

Conclusion

For accurate and efficient assessment of teachers’ salaries and hours of work for visa applications, being aware of these outlined instructions and consulting Licensed Immigration Advisers at Immigration New Zealand is vital.

INZ Issues warning to warning to triangular employers that place migrant workers with another triangular employer.

Immigration New Zealand has cautioned triangular employers about the potential breach of employment agreements and immigration accreditation rules if they assign migrant workers to another triangular employer. A few instances have been identified where such placements have occurred.

INZ has reiterated that Triangular employers are accountable for ensuring the safety and employment conditions of their workers when assigning them to a third-party controller, and they must have a monitoring plan in place. Assigning workers to another triangular employer could undermine the employment agreement and hinder the employer’s ability to maintain an effective monitoring plan as required by immigration guidelines. This could lead to penalties, including the suspension or revocation of accreditation.

Source: Click Here

The government is implementing temporary measures to prevent shortages in specific sectors, while it continues to deliberate on long-term changes to the Accredited Employer Work Visa (AEWV). Starting on 8 September 2024, certain roles in specified sectors will be eligible for an exemption from the AEWV minimum skill requirement.

Meat and Seafood Processing:

New visa applicants who secure a position under the 2024/25 cap within the meat or seafood processing sector agreement are eligible.

Tourism and Hospitality:

Existing visa holders in roles within this sector that are exempt from the February 2023 median wage requirement qualify if their visa expires on or before 31 March 2025. They must be applying for another 1-year AEWV and their application must be for the same occupation.

Care Workforce:

Existing visa holders with roles covered by the care workforce sector agreement are eligible if their visa was granted between 4 July 2022 and 23 November 2023, they earned at least NZD$26.16 per hour, and they are seeking to apply for another 1-year AEWV for the same occupation.

These changes allow AEWV applicants to bypass the minimum skill requirements established in April 2024. However, they must still fulfil any criteria specified by employers in the Job Check application. These adjustments are part of a comprehensive review of the AEWV to ensure its effectiveness. The consultation process for exploring potential long-term enhancements to the AEWV will continue throughout the year.

Source: Click Here

In a recent development, significant changes have been implemented to the immigration instructions regarding English language tests. These revisions aim to provide clarity on the administration of English language assessments, specifically emphasizing that these tests must be taken in a formal test center and cannot be conducted remotely, including the ‘at home’ testing options facilitated by certain test providers.

Clarity on Test Administration

The updated immigration instructions underscore the requirement for individuals undergoing English language proficiency assessments to physically attend a designated test center for the examination. This measure is in place to ensure the integrity and standardization of the testing process, thereby enhancing the credibility of the results obtained.

Remote Testing Limitations

With the prohibition of remote testing, which extends to ‘at home’ testing schemes offered by select test providers, the emphasis is placed on the controlled environment of accredited test centers. By mandating in-person attendance for these assessments, the regulatory framework aims to uphold the authenticity and reliability of English language test outcomes, crucial for immigration purposes.

Implications for Applicants

Prospective immigrants and visa applicants are urged to adhere to the revised guidelines stipulating the in-center administration of English language tests. By complying with these directives, applicants can ensure alignment with the updated immigration protocols, thereby facilitating a smoother and more transparent evaluation process of their language proficiency levels.

Enhancing Compliance and Fairness

The implementation of these changes not only reinforces compliance with standardized testing procedures but also bolsters the fairness and consistency of evaluating English language skills across all applicants. By standardizing the testing environment and eliminating remote testing options, the immigration system aims to promote equality and impartiality in assessing language competency.

Conclusion

The recent amendments to immigration instructions regarding the administration of English language tests underscore a commitment to upholding the integrity and credibility of language proficiency evaluations. By emphasizing in-center testing requirements and disallowing remote testing modalities, the regulatory updates seek to enhance the transparency, fairness, and reliability of English language assessments within the immigration context. Adherence to these revised guidelines is paramount for individuals navigating the immigration process, ensuring a streamlined and equitable evaluation of their language proficiency levels.

In a recent update to the Work to Residence instructions, a minor yet significant wording change has been implemented to eliminate an inconsistency that previously restricted the claiming of work experience for occupations that have been removed, or may be removed in future, from the Green List, Care Workforce sector, and Transport sector lists. This alteration now allows individuals to claim work experience from the commencement of their employment in an eligible role, provided the occupation was featured on the relevant list at any time within the 24-month work experience timeframe.

Removing Limitations for Work Experience Claims

The modification addresses a key issue regarding the limitation on claiming work experience for roles that have been removed or are subject to removal from the Green List, Care Workforce sector, and Transport sector lists. By allowing individuals to cite work experience based on when they commenced work in a qualifying position, regardless of subsequent list changes, the updated instructions offer more fairness in evaluating applicants’ professional work experience.

Ensuring Equitable Assessment Criteria

This adjustment ensures that individuals are not unduly penalized for changes in occupational classifications or list revisions that may occur over time. It acknowledges the value of practical experience gained during periods when specific occupations were recognized, even if they are later modified or removed. This change aligns the assessment criteria with a more inclusive and forward-thinking approach, promoting a fair evaluation process for all applicants seeking Work to Residence opportunities.

Facilitating Transparency and Clarity

By clarifying the eligibility criteria for claiming work experience, these revised instructions aim to enhance transparency and provide clear guidance to applicants navigating the Work to Residence pathway. The emphasis on recognizing past employment history within the defined timeframe, irrespective of subsequent list alterations, aims to streamline the application process and ensure that relevant experience is duly acknowledged and considered.

Conclusion

In conclusion, the recent wording adjustment in the Work to Residence instructions represents a positive step towards streamlining the evaluation process and promoting fairness in assessing work experience claims. By removing limitations related to list changes and allowing individuals to leverage their full professional work experience, this change underscores a commitment to equitable assessment practices and acknowledges the value of diverse work experiences in immigration settings.

Recent amendments to the Accredited Employer Work Visa (AEWV) policy have introduced new challenges for individuals, their families and their NZ employers. If you’re an HR professional, migrant worker, or employer, it’s essential to understand these changes and their implications.

What’s New in AEWV Criteria?

The New Zealand government has implemented additional changes to the AEWV policy. Effective immediately, individuals holding AEWV in ANZSCO level 4 or 5 positions are no longer eligible to sponsor their partners and children for work, student, or visitor visa applications.

Key Points:

• Ineligibility for Sponsorship: AEWV holders in ANZSCO level 4 or 5 positions cannot sponsor their partners and children.

• Independent Visa Applications: Partners and dependent children can still seek their own visas if they meet immigration criteria independently.

• Ongoing Applications: The recent adjustment does not affect individuals currently holding visas as partners or dependents of AEWV holders. Applications submitted by partners or dependents before June 26 will be assessed based on the regulations in place at the time of the application.

• Exemptions:

1. AEWV holders in ANZSCO level 4 or 5 roles with a residency pathway, such as those on the Green List or a Sector Agreement, or earning at least 1.5 timesthe median wage, are exempt from these changes.
2. AEWV holders in ANZSCO level 1, 2, or 3 roles remain unaffected.

Aligning with the Essential Skills Work Visa Framework

This modification aligns the AEWV scheme with previous adjustments made earlier in the year, reverting settings closer to those observed under the former Essential Skills Work Visa framework.

What Should You Do Next?

Navigating these changes can be complex, but you don’t have to do it alone. For personalised advice and to understand how these changes may impact your plans to stay in New Zealand and build a life, please contact Immigration Advisers New Zealand Ltd on contact@nzimmigration.info.

Mark your calendars for the next selection for the Parent Resident Visa Category expressions of interest (EOIs) on 13 February 2024. If you have a child who is a New Zealand citizen or resident, you have the opportunity to apply for permanent residency. All you need is for your child to meet the income requirements and agree to sponsor you.

To be eligible for the February draw, remember to submit your EOI by 31 January 2024. Only 100 lucky individuals will be selected in the ballot.

If you have already submitted your EOI, be sure to check that you meet the category requirements. Keep in mind that the Parent Resident Visa restarted on 12 October 2022 with updated sponsor criteria. Sponsors now need to earn 1.5 times the New Zealand median wage. If there are joint sponsors or additional parents, the income requirement will increase by half the median wage.

Please be informed that two adult children can now jointly sponsor a parent, rather than just an adult child and their partner.

While the sponsor requirements have changed, other requirements for the Parent Resident Visa remain the same.

If your EOI is selected, it will be assessed against the new criteria. Please note that if Immigration New Zealand declines your application, your EOI fee will not be refunded.

Should you wish to update or withdraw your EOI before the selection, feel free to do so. If you made an EOI before the visa restart on 12 October 2022, there is an opportunity to update or withdraw it.

Working holiday visas are available to young people, usually aged 18 to 30, but 18 to 35 in a select few countries. They let you travel and work in New Zealand for up to 12 months. If you are from Canada they let you travel and work for up to 23 months, and for up to 36 months if you are from the United Kingdom. Working holiday visas are only available in countries that have an agreement with New Zealand for working holiday visas.

The link here provides the starting dates for each working holiday visa scheme in 2024, along with the number of available spots.

Applications will be accepted for each scheme until the quota is filled. Once the quota is reached, the scheme will be closed until 2025.

For working holiday schemes that still have available spots from 2023, applications will continue to be accepted until the quota is reached. The quota will then reset on the opening date for 2024.

In 2022, the New Zealand Government and the Government of Viet Nam agreed to increase the Viet Nam Working Holiday Scheme (WHS) cap from 100 to 200. Efforts are currently underway to establish formal agreements to implement these changes.

Immigration New Zealand (INZ) is streamlining the application process for Permanent Resident Visas, Second or Subsequent Resident Visas, and Variation of Travel Conditions of a resident visa.

Starting from the end of January 2024, these applications can be submitted electronically through Immigration Online, eliminating the need for paper forms.

By making this transition, INZ is enabling its customers to track the progress of their applications online. No more waiting on hold or wondering about the status of your application. Plus, there’s no longer a requirement to submit physical documents like passports for paper applications. It’s all digital and hassle-free.

Eligibility for the Permanent Resident Visa is straightforward. Applicants must have held their resident visa for a minimum of 2 years. If you were outside of New Zealand when your resident visa was issued, the 2-year period starts when you arrived in New Zealand on your resident visa. Submitting an application within this 2-year window may result in a declined application, requiring you to reapply and pay an additional fee.

Please be aware that some Resident Visa 2021 holders received an update on 5 December 2023 that may contain an incorrect date for their eligibility. INZ has urged its customers to double-check the eligibility criteria before submitting their application.

At Immigration Advisers New Zealand Ltd, we are committed to providing the best professional NZ immigration advice at a fair and reasonable price. If you have any questions or need assistance with your application, please get in touch with us. Our team of experts is here to guide you through the process and help you achieve your immigration goals.

Don’t miss this opportunity to take advantage of the simplified visa application process. Take action now and start your journey towards permanent residency in New Zealand. Contact us today for reliable immigration advice.

With effect from 29 October 2023 employers with accreditation can no longer have a 90-day trial period clause in employment contracts that are being issued to prospective employees requiring an Accredited Employer Work Visa (AEWV). This change applies to Job Check Applications that may have been submitted prior to 29 October 2023, but are evaluated on or after this date.

In the Event of an Ongoing Job Check Application

If an employer has a Job Check application in process and Immigration New Zealand (INZ) has not yet reached a decision regarding it, the following steps are necessary:

• Examine the Job Check application thoroughly to ensure the employment contract does not include a trial period.
• In case the employment agreement does include a trial period, this MUST be promptly replaced with a revised employment agreement that excludes the trial period.
• It is recommended to complete this prior to 1 November 2023 to facilitate processing of the application.

Bear in mind that a Job Check application might either be rejected or experience delays in processing if the employment agreement contains a trial period.

Employers can go on the Employ Migrants page and upload the updated employment agreement.

More information about the 90- day trial period changes can be found here

If you have any questions regarding this change, get in touch with Immigration Advisors New Zealand Ltd. To know all the required procedures, contact us at contact@nzimmigration.info or call on +64 09 3790219.

Effective November 2023, the New Zealand Government will place a cap on the continuous stay permitted on an Accredited Employer Work Visa (AEWV) for individuals who do not have a clear path towards permanent residency. Those who do not meet the minimum educational, occupational, and wage criteria for skilled residency pathways will be required to exit the country for 12 months before applying for a new AEWV visa.

Individuals holding other temporary visas (such as Post Study Work Visa or Working Holiday Visa) will NOT have their time in New Zealand counted towards their five-year continuous stay under the AEWV.

Additionally, the maximum duration for the AEWV will be extended from three to five years, effective November 2023. This will apply only to new visas, while existing visa holders can apply for an extension of up to five years in total (inclusive of time previously spent on AEWV).

However, if you can show that you are on a pathway to skilled residence, you may be able to get a further AEWV. For example, if you start earning 1.5 times the median wage after 3 years on an AEWV and require 1 more year of skilled experience to qualify for 6 points for the Skilled Migrant Category Resident Visa, at the end of the 5 years on an AEWV.

This is an initial announcement by the Minister of Immigration, with more information to come in the upcoming months.

Reference Link – Click here

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.

On 9 October 2023, a new streamlined points system will be implemented for the Skilled Migrant Category (SMC) Resident Visa.

This updated approach offers a quicker path to residency for highly skilled individuals and a transparent route for others who work in Aotearoa, New Zealand, for a certain period. These modifications bring more clarity to migrants and employers regarding temporary and permanent work opportunities in New Zealand, enabling well-informed decisions.

The revamped SMC complements the Green List and Sector Agreement residence pathways, presenting distinct residency options based on job, qualification, or salary.

Under this new system, all SMC applicants must have a job offer or current employment in a role that pays at least:

• The median wage for occupations categorized at ANZSCO skill level 1-3, or
• 1.5 times the median wage for occupations categorized at ANZSCO skill level 4-5.

Furthermore, applicants need six points to apply, which can be obtained from:

• Three to six points based on New Zealand occupational registration, a recognized qualification or income; and
• One point per year of work in a New Zealand skilled job, up to a maximum of three points.

Age limit, English language proficiency, health, and character requirements for residency applications remain the same.

The Highly Paid Residence Visa will be merged into the SMC instead of being a separate category.

INZ aims to process straightforward SMC applications with all required information within six to eight weeks. There will be no limit on the number of people who can obtain residency if they meet the skills threshold.

Further details about the category changes will be shared as the launch date approaches.

Reference Link – Click here

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.

Immigration New Zealand has announced changes to the requirements for residence under the Green List pathways. One of the significant changes is that all health roles in the Tier 1 Green List eligible for Straight to Residence must be paid at least the median wage, which is currently set at NZ$29.66/hour. Registered midwives who provide maternity care services under the Maternity Notice will also meet the contract for services provisions under the Green List Straight to Residence instructions.

The transport sector has also undergone a change, with a new two-year Transport Sector Work to Residence policy for bus drivers, truck drivers, ship’s masters (skippers) and deck hands. Those eligible for this program are those who have worked in New Zealand for at least 24 months and should hold an Accredited Employer work visa, or another work visa applied for before 4 July 2022 at the time the residence application is made. Applicants must also be aged 55 years or younger.

Finally, several health and non-health roles have been added to Tier 1 (Straight to Residence) and Tier 2 (Work to Residence) of the Green List (Appendix 13). These changes are aimed at providing more opportunities for individuals seeking residence in New Zealand.

With the new changes and updates to the immigration policies in New Zealand, more opportunities have been opened up to individuals seeking residence. We hope these additional roles help those searching for a chance to settle here in Aotearoa. This gives more certainty around the path to residency and what constitutes eligibility requirements for these roles.

Immigration Advisers New Zealand Ltd is always available to provide information and guidance throughout this process. Finding an appropriate pathway can be not only time consuming, but confusing as well. Our Licensed Immigration Advisers are aware of all the policy changes, and they can provide tailored advice for applicants’ unique situations. Contact our Licensed Immigration Advisers at Immigration New Zealand Ltd today to know everything you need in order to apply for an appropriate visa suitable for your profile with confidence.

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.

The Minister of Immigration and Transport has confirmed the details of a new Transport Sector Agreement, which will provide certainty for public transport users and businesses relying on freight movement in Aotearoa New Zealand. Under the agreement, eligible bus drivers, truck drivers, ship’s masters (skippers) and deckhands will have a 2-year work to residence pathway. The agreement will be uncapped and will be reviewed after 12 months.

Employers can use the Accredited Employer Work Visa to recruit suitably qualified drivers, with eligible bus driving roles exempt from paying the median wage of $29.66 an hour. Eligible employers will be able to recruit bus drivers under the Accredited Employer Work Visa at a minimum of $28 an hour from 26 April. To be eligible for the median wage exemption and 2-year residence pathway, bus operators must have signed an All Parties Memorandum of Understanding on Improving Driver Terms and Conditions for public transport services or provide Ministry of Education-funded school bus services.

Truck drivers will be eligible for residence if they primarily drive vehicles requiring class 4 or 5 licenses. Ship’s masters (skippers) and deckhands who meet eligibility criteria are also included in the sector agreement and have a 2-year work to residence pathway.

The sector agreement has been introduced to support the transition from a reliance on low-skilled migrant labour and to improve wages and working conditions for all. The Green List occupation roles will open to applicants from 29 May 2023, including civil construction supervisors, gas fitters, drain layers, crane operators, civil machine operators, halal slaughterers, motor mechanics, and telecommunications technicians, and all teachers. Eligible applicants must have worked in a Green List occupation and met the specified requirements for 24 months, with applications available from 29 September 2023. Please refer to the relevant sources for further details on the transport sector agreement and the Green List roles.

Sources – Click here