The New Zealand government is increasing the maximum duration of work and visitor visas for partners of New Zealand citizens and residence class visa holders.

Key Points:

  • Partners must have been living together for at least 12 months to qualify.
  • The maximum duration for work and visitor visas will increase to three years, from the previous two-year maximum duration.
  • The policy change will apply to applications received after Oct. 1 as well as applications submitted before that date that have not received a decision.

Additional Information: Current visa holders will not have their visas automatically extended and will need to submit a new application to receive the longer duration. The government intends the change to provide additional flexibility for partners of New Zealand citizens.

This alert has been provided by the BAL Global Practice Group.

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Immigration New Zealand is implementing changes for accredited employers, effective Oct. 7.

Key Points:

  • At that time, accredited employers will need to provide the Work and Income department with a company contact person responsible for hiring decisions, such as a hiring manager, human resources manager or owner/operator for most ANZSCO Level 4 or 5 vacancies at the Job Check stage.
  • The government expects accredited employers to engage directly at the Work and Income stage, removing the ability of immigration lawyers or licensed advisers to complete this information on behalf of employers.
  • Officials noted the difficulty of engaging with employers about potential job applicants, as most Work and Income sections have only an immigration professional’s contact details, and stated that the change will encourage accredited employers to genuinely test the domestic labor market.

Additional Information: Accredited employers may still use external organizations to complete the Work and Income engagement process, provided that the organization remains involved in hiring decisions.

BAL Analysis: These changes are designed to address concerns raised by particular sectors for temporary work visas and improve the current processes.

This alert has been provided by the BAL Global Practice Group.

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Immigration New Zealand is encouraging prospective travelers to submit their visitor visa applications as soon as possible before the busy holiday travel season.

Key Points:

  • Officials stated that over 260,000 visitor visa applications are expected to be received over the summer peak processing period, and applying early is essential to ensuring travelers confirm their visa status in a timely manner before making travel arrangements.
  • Immigration New Zealand recommends foreign nationals submit their applications no later than Oct. 15 for the holiday and new year season.

Additional Information: As BAL previously reported, the government also recently announced increases to visa charges effective Oct. 1. Travelers should be aware of these new application fees, as well as make sure all necessary documentation is provided with a complete application to avoid processing delays.

This alert has been provided by the BAL Global Practice Group.

Copyright © 2024 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries, please contact copyright@bal.com.

Immigration New Zealand announced increases to visa charges effective Oct. 1.

Key Points:

  • The government will increase several immigration application government fees, including those for temporary work visas. Some notable increases include:
    • Accredited Employer Work Visa increased from 750 NZD to 1,540 NZD (about US$946)
    • Permanent Resident Visa increased from 240 NZD to 315 NZD
    • Specific Purpose Work Visa increased from 735 NZD to 1,355 NZD
  • The complete list of services that are increasing can be found here.

Additional Information: The government will continue to support subsidized fees for visa applicants from Pacific countries. Officials stated that the new visa charges will be set at an appropriate level to recover visa processing costs and reflect the benefits received by people using immigration services.

This alert has been provided by the BAL Global Practice Group.

Copyright © 2024 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries, please contact copyright@bal.com.

New Zealand announced a policy change for certain Accredited Employer Work Visa (AEWV) holders who want to bring family to New Zealand.

Key Points:

  • Individuals in roles at Australian and New Zealand Standard Classification of Occupations (ANZSCO) levels 4 and 5 without a pathway to residency are no longer able to support work, visitor or student visa applications for their partners and dependent children, who will need to apply for their own visas and meet the qualifications independently.
  • Individuals who already hold visas as a partner or dependent child will not be impacted by the change.
  • If an AEWV holder in an ANZSCO level 4 or 5 role has a pathway to residency, sector agreement with residence pathways or earns at least 1.5 times the median wage threshold for the skilled migrant category, they also will not be impacted by the new policy change.

Additional Information: Government officials recently announced that some AEWVs will now require higher work experience and qualification requirements, as well as a new English language standard and a shorter stay for people applying to work in certain roles assessed as ANZSCO skill levels 4 and 5. Individuals in the ANZSCO levels 4 and 5 job categories who receive the required wage rate will no longer be able to access the maximum eligibility time of five years if they applied before June 21, 2023, for their first AEWV. Applicants in this category must also now demonstrate that they meet the new English language requirements. The maximum visa length is reduced to two years, with the ability to apply for one more year with a new job check. The total time an individual in an ANZSCO levels 4 and 5 job category can stay in New Zealand (also called a maximum continuous stay) on one or more AEWVs is now reduced to three years.

BAL Analysis: Accredited employers should be aware of the new guidelines and understand their responsibilities when hiring individuals. The government has made this change to align with the broader suite of changes to the AEWV scheme and tighten immigration requirements, particularly for low-skilled migrant workers.

This alert has been provided by the BAL Global Practice Group.

Copyright © 2024 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries, please contact copyright@bal.com.

New Zealand has taken action to increase its minimum wage for seasonal workers, create a new Ukraine Resident Visa, and update its List of Qualifications Exempt from Assessment (LQEA).

Key Points

  • On April 1, the minimum wage for Recognized Seasonal Employer (RSE) workers increases to NZ$25.47 (about US$15.50) from NZ$24.97, which is equal to the new New Zealand minimum wage plus 10 percent for RSE workers.
  • The new Ukraine Resident Visa is available to those who arrived on a 2022 Special Ukraine Visa, opened on March 16, 2024, and will remain open for two years.
  • Updates to the List of Qualifications Exempt from Assessment, aimed at streamlining visa pathways for applicants who hold overseas qualifications, go into effect March 25, 2024.

Background: More information is available at Immigration New Zealand.

This alert has been provided by the BAL Global Practice Group. For additional information, please contact berryapplemanleiden@bal.com.

Copyright © 2024 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries, please contact copyright@bal.com.

Immigration New Zealand announced the extension of the 90-day trial period to all employers except accredited employers using the Accredited Employer Work Visa.

Key Points:

  • As previously reported, immigration officials recently eliminated the 90-day trial period in employment agreements for accredited employers on the AEWV.
  • Government officials are now allowing the 90-day trial period to all other employers.
  • Accredited employers are not able to use 90-day trial periods in employment agreements when hiring people on an AEWV to encourage the fair treatment of migrants and to facilitate recruitment only when there is a genuine labor need or skills gap.

Additional Information: Government officials recently issued a new requirement for labor hire (triangular) employment firms who place migrants in specific construction occupations. The new requirement states that these employers must have at least 35% of the labor hire workforce made up of New Zealand citizens and residents in full time employment, which represents an increase from the previous threshold of 15%.

BAL Analysis: These changes are designed to treat foreign workers more fairly and ensure genuine labor needs and skills gaps are filled, while also protecting employment opportunities for New Zealand citizens and residents. Employers should be aware of the new guidelines and understand their responsibilities when hiring individuals using a 90-day trial period in their employment agreements.

This alert has been provided by the BAL Global Practice Group.

Copyright © 2024 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries, please contact copyright@bal.com.

New Zealand announced that applicants for permanent resident visas will be able to submit applications electronically by the end of January 2024.

Key Points:

  • Applicants for permanent resident visas, second or subsequent resident visas and variation of travel conditions of a resident visas currently must submit applications using paper forms.
  • Government officials stated that the current system limits an applicant’s ability to track the progress of their applications.
  • Applicants will soon be able to apply on the Immigration Online website and check their application status online without having to call the INZ contact center, and will no longer have to physically submit certain supporting documents, including passports.

Additional Information: Nationals are only eligible for a permanent resident visa after holding a resident visa for at least two years. The start of the two-year period begins upon arrival in New Zealand on the resident visa. Applications for permanent residency will be denied if the applicant has not satisfied the two-year requirement.

BAL Analysis: Employees should check eligibility criteria before applying for permanent residency. The change should improve the application process and ease an applicant’s ability to apply for permanent residency.

This alert has been provided by the BAL Global Practice Group.

Copyright © 2024 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries, please contact copyright@bal.com.

 

Immigration New Zealand confirmed that employers can no longer use 90-day trial periods in employment agreements when hiring foreign nationals on an Accredited Employer Work Visa.

Key Points:

• Immigration officials will decline or request updated information if an AEWV job check application includes an employment agreement with a trial period.
• The 90-day trial period rule does not apply to migrants who already hold, applied for or were approved for an AEWV job check prior to Oct. 29.

BAL Analysis: The change is designed to treat foreign workers more fairly and ensure labor needs and skills gaps are filled. Employers may lose accreditation status if they include a trial period in their employment agreements.

This alert has been provided by the BAL Global Practice Group.

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IMPACT — MEDIUM

The New Zealand government recently announced several changes to the Accredited Employer Work Visa scheme.

Key Points:

  • Beginning Nov. 27, 2023, workers offered employment paying at least median wage will be granted a five-year AEWV.
  • AEWV holders who receive their visas before November 2023 can apply to extend their AEWV so that it lasts a total of five years if they meet maximum continuous stay requirements and their job role, location, and employer remain the same, and they are paid no less than the rate offered as part of the initial AEWV application.
  • Partners of AEWV holders who are granted five-year visas will likely be able to extend their Partnership Work Visas, though policy changes may be required to enact these extensions.
  • Under current policy plans and subject to no future policy changes, Immigration New Zealand is expected to raise the median wage rate to $31.61 (about US$18.80) from the current $29.66 in February 2024.

Additional Information: AEWV holders must spend at least 12 months outside of New Zealand when their visas expire before returning to the country unless they are on a residence pathway.

This alert has been provided by the BAL Global Practice Group. For additional information, please contact berryapplemanleiden@bal.com.

Copyright © 2023 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries, please contact copyright@bal.com.