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New Zealand: Changes to Accredited Employer Work Visa, Compliance Obligations for Employers and Additional Green List Occupations Introduced

April 18, 2024

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  • New ZealandNew Zealand

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At a Glance

Immigration New Zealand (INZ) has implemented the following updates:

  • Restrictions to the Accredited Employer Work Visa (AEWV) for low-skilled occupations such as higher work experience/qualification and English language requirements, a longer labor market testing period and shortened visa duration;
  • A new notification requirement for employers to inform INZ when any of their employees holding an AEWV ceases employment; and
  • New roles added to the Green List, providing residency pathways for new professionals.

These changes are intended to ensure New Zealand is attracting the skilled migrants needed in the economy, and to reduce the vulnerability of migrants to exploitation.

The situation

Immigration New Zealand (INZ) announced several changes including stricter requirements and shortened visa duration for Accredited Employer Work Visa (AEWV) for low-skilled occupations, compliance obligations for employers, and more roles added to the Green List.

A closer look

Details Impact

AEWV for low-skilled occupations. Occupations classified as level 4 and 5 under the Australian and New Zealand Standard Classification of Occupations (ANZSCO) are subject to these restrictions:

  • They must have at least three years’ relevant work experience or a relevant qualification at level 4 or above of the New Zealand Qualifications and Credentials Framework (NZQCF), except if applicant’s role is on the Green List or the applicant is paid at least twice the median wage. This requirement also applies to skill 1-3 occupations. Previously, applicants were assessed as suitably qualified if they had the qualifications, work experience, skills and other specifications that were listed by the employer in the Job Check application, as the minimum requirements for the job.
  • They must prove they have met the minimum required standard of English, where there previously was no such requirement.
  • Their visas are now only granted for up to three years (down from five years). Applicants with ANZSCO skill level 1-3 occupations will continue to receive an AEWV with five years validity.
  • Their employer must advertise their prospective role for three weeks (up from two weeks) on a national job listing platform and must register with the Government Department of Work and Income (where previously, there was no such requirement). 
  • Affected applicants now face stricter requirements, yet receive a visa with shorter validity. This could potentially be more onerous to applicants.
  • Employers must comply with the longer job advertisement requirement. Noncompliance may lead to issues with potential employees’ visa applications and/or administrative penalties to employers. 
  • Compliance obligations for employers. Employers are required to inform INZ when their AEWV employees cease employment, within 10 business days from the employment end date, whereas previously there was no such requirement.
  • This notification requirement only applies to employers whose accreditation is issued or renewed after April 7, 2024. For employers whose existing accreditations are valid beyond April 7, 2024, the notification requirement will only apply when their accreditation is renewed. 

Employers must now be diligent in monitoring AEWV holders’ end of employment. Failure to meet this notification requirement may result in loss or suspension of accreditation status. 

New roles added to Green List. INZ has added six roles to the Green List, which facilitates opportunities for Straight to Residence and Work to Residence pathways in various high-demand fields:

  • Aviation Engineer (Avionics, Aeronautical, Aerospace Engineer);
  • Naval Architect (aka Marine Designer);
  • Information communications technology Database and Systems Administrator;
  • Mechanical Engineering Technician;
  • Aircraft Maintenance Engineer; and
  • Corrections Officer.

This provides residency pathways to more professionals. 

 

Background

In 2023, approximately 173,000 foreign nationals lived in New Zealand, which created a significant impact to the labor market and was considered unsustainable. The recently-elected government is aiming to reduce this number through stricter entry requirements for foreign workers that focus on the entry of highly-skilled migrants, while protecting residents in jobs that are not subject to skills shortages.

Further, the English language requirement is hoped to allow migrants to better understand their rights, especially important after the government identified exploitation of low skilled workers in 2023.

Looking ahead

Further changes to the AEWV are not expected at this time, though the government may continue to implement policy that further focuses on the entry of highly-skilled foreign workers.

This alert is for informational purposes only. If you have any questions, please contact the global immigration professional with whom you work at Fragomen or send an email to [email protected].

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  • New ZealandNew Zealand

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