New Zealand: Work Rights for Partners of Work Visa Holders to be Expanded

• Eligible individuals. From December 2, 2024, the New Zealand government will grant open work rights to the following, allowing them to work for any employer:
  • partners of Accredited Employer Work Visa (AEWV) holders in Australian and New Zealand Standard Classification of Occupations (ANZSCO) Level 1-3 roles earning at least NZD 25.29 per hour;
  • partners of AEWV holders in ANZSCO Level 4-5 roles earning at least NZD 25.29 per hour who were granted open work rights prior to June 26, 2024;
  • partners of Essential Skills visa holders earning at least NZD 25.29 per hour;
  • partners of AEWV holders in ANZSCO Level 4-5 roles who earn at least NZD 47.41 per hour;
  • partners who meet the Green List role requirements with a wage of at least NZD 31.61 per hour; and
  • partners who earn at least NZD 25.29 per hour under Transport or Care Sector Agreements (or the sector’s specified wage, if higher).

Currently, only partners of foreign nationals in Green List occupations or those earning more than twice the New Zealand median wage are eligible to support applications for open work visas (with the exception of those granted open work rights prior to June 26, 2024, as noted above).

• Visa condition modification. Current partner visa holders with restricted employment terms will be able to apply to modify their visa to open work rights if their partner meets the new eligibility criteria.

This change benefits foreign nationals whose partners hold work visas in skilled or essential roles by making it easier for them to enter and work in New Zealand. This is expected to contribute to higher retention rates for foreign workers in the country, which is crucial given the ongoing skills and labor shortage.

The new policy on open work rights for partners of migrant workers addresses concerns over labor shortages and family separation. It allows partners of skilled and essential workers to join the workforce more easily, promoting family unity while helping New Zealand attract and retain talent.

With the upcoming changes to the open work visa eligibility criteria for partners of AEWV and Essential Skills visa holders, employers will have access to a broader labor pool already residing in the country, reducing the need for additional sponsorship. This is expected to streamline hiring processes, allowing companies to fill roles more quickly while enhancing workforce diversity and operational efficiency.