New Zealand: Updates Released for the New Accredited Employer Work Visa Program and Reopening of Country

May 19, 2022

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Country / Territory

At a Glance

  • The government of New Zealand released updates to the soon-to-be launched Accredited Employer Work Visa (AEWV) program, which goes into effect on July 4, 2022.
  • Under the AEWV, the government has introduced a Green List of occupations which allows certain applicants to become eligible for a fast-track pathway to residence, or a two-year work-to-residence pathway. The program also exempts applicants from certain sectors to meet the minimum salary requirement for the AEWV.
  • Most dependent spouses or partners of AEWV holders are required to apply for their own AEWV if they are seeking to work in New Zealand.
  • Additionally, all employers, including those who are employing foreign nationals with open work rights such as those on a working holiday or student visa holders, will be required to become accredited employers during the course of 2023.
  • The last stages of the New Zealand re-opening border plan has been moved up, with the border re-opening in July 2022.

The situation

The government of New Zealand released updated rules as the country begins reopening to foreign nationals. These rules impact applicants of the new Accredited Employer Work Visa (AEWV) Program which opens on July 4, 2022, companies employing foreign nationals with open work rights and certain foreign nationals with expiring visas.

CHANGE DETAILS IMPACT
Green List occupations introduced
    • The government created a Green List of occupations which will allow certain applicants to be eligible for a fast-track pathway to residence (where visa holders will be able to apply for residence immediately once the program launches in September 2022) or a two-year work-to-residence pathway (where visa holders will be eligible for residence after two years of employment with an Accredited Employer).
    • The government will review the occupation list in the first 12 months of the AEWV program and every three years after that.
    • Occupations on the Green List will be exempt from labor market testing and will have access to priority processing.
    • To be eligible for residence under the fast-track and work-to-residence pathways, applicants must be under 55 years of age at the time of the residence application and meet qualification and/or remuneration requirements.
    • Green List occupations eligible for fast-track residence include roles in the construction, engineering, healthcare, primary industries, science, information and communication technology, electronics and telecommunications industries.
    • Applicants that earn more than 200% of the median wage (approximately NZD 116,000 per year) will also be able to access the fast-track residence pathway with their Accredited Employer.
    • Green List occupations eligible for a work-to-residence pathway include roles in the health, social services, education, trade and agricultural industries.
    • Eligible applicants will benefit from increased opportunities due to the labor market exemption and will be able to obtain pathways to residence which were not previously possible. Specifically, eligible applicants under the fast-track pathway will be able to directly apply for residence starting September 2022, once the fast-track pathway is officially launched.
    • Eligible applicants will also be able to start work in New Zealand more quickly due to priority processing.
    • Employers in targeted sectors will benefit from access to a residence pathway to attract migrant workers from overseas to address skills shortages.  
Exemption from minimum salary requirement
    • Applicants from certain sectors, including construction and infrastructure, tourism and hospitality and the care workforce, will be exempt from the minimum salary requirement (currently NZD 27.76 per hour).
    • If an AEVW holder is paid below the median wage as a result, they may only hold an AEWV for two years. After this time, they will be required to spend 12 consecutive months outside of New Zealand.
    • Additionally, certain industries, including construction and infrastructure, meat processing, seafood and seasonal snow and adventure tourism sectors, may be eligible for sector agreements, which will permit workers in these industries to access concessions to the minimum salary requirements as part of rebuilding COVID-19 affected industries.
    • Additional individuals will be eligible for the AEWV since they will not be required to meet minimum salary requirements. However, applicants should be aware of the employment time limitations for these minimum salary-exempt occupations.
Independent AEWV for dependents
  • Dependent spouses or partners of AEWV holders will be granted a visitor visa for applications filed starting December 2022.  If they seek to work in New Zealand, the dependent spouse or partner will be required to apply for their own AEWV.
  • Dependents of principal AEWV holders who are in a Green List occupation or who are paid twice the median wage will be eligible for a dependent partner visa with full work rights.
    • Dependent spouses or partners seeking to work in New Zealand must ensure that they obtain their own work authorization unless they qualify for the automatic dependent visa with full work rights.
Accredited Employer status to be required to employ any foreign national with open work rights in 2023
  • In a rollout expected to occur throughout 2023, all employers will be required to hold an Accredited Employer status, even if they only employ foreign nationals with open work rights (such as those on a working holiday or student visa holders).
  • Further updated requirements for Accredited Employers will be provided closer to the launch of the updated program (likely in 2023).
  • Employers that only employ open work visa holders must prepare to apply for accreditation in the course of 2023.
  • Employers that do not comply may be subject to sanctions from Immigration New Zealand.
  • Addressing skills shortages. The New Zealand government introduced the streamlining of visa requirements and automatic visa extensions to address skills shortages after the reopening of the country to foreign nationals and to ensure that skilled workers remain in the country.
  • Employer-assisted temporary work visas. The New Zealand government has contemplated proposals on employer-assisted temporary work visas as early as 2019. The AEVW streamlines New Zealand’s immigration system by replacing six previously-available work visas. The implementation has been delayed from its earlier date of 2021 due to the extension of New Zealand’s closed borders

Employers can begin applying for the new Employer Accreditation on May 23, 2022 and eligible applicants can begin applying on July 4, 2022.

The New Zealand government will likely introduce further information and updates for the AEVW such as requirements for high-volume employers as well as possible restrictions for hiring foreign nationals for certain industries or roles in order for the government to protect local labour markets. We will report on related developments.

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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