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.

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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.

IMPACT — MEDIUM

The government of New Zealand has announced changes to the Skilled Migrant Category Resident Visa and Accredited Employer Work Visa.

Skilled Migrant Category Resident Visa changes:

  • Beginning Oct. 9, qualification requirements for the Skilled Migrant Category Resident Visa will be replaced with a simplified points system that sets clear skills requirements for residence and offers several ways for individuals to demonstrate their skill level.
  • More information regarding the new points system for the Skilled Migrant Category Resident Visa is available here.

Accredited Employer Work Visa changes:

  • Individuals who are unable to show they are on a pathway to residence will be able to stay in New Zealand for up to five years on an AEWV.
  • Individuals must live outside of New Zealand for at least 12 months if they have lived in New Zealand for five years continuously on an AEWV to be eligible to apply for another AEWV.
  • Beginning in November 2023, the validity of AEWVs will be extended from three to five years to align with the introduction of the five-year maximum continuous stay limit for AEWV holders.

BAL Analysis: New Zealand authorities updated the conditions of the Skilled Migrant Category Resident Visa and the AEWV to help support New Zealand’s economic growth and to provide more certainty to migrants and employers.

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.

The U.S. State Department has provided guidance for U.S citizens traveling to Australia and New Zealand for the 2023 FIFA Women’s World Cup.

Key Points:

  • The 2023 FIFA Women’s World Cup is scheduled to take place across Australia and New Zealand from July 20 through Aug. 20.
  • The State Department encourages U.S. travelers to check the U.S. embassies’ websites for Australia and New Zealand for the most accurate travel information, including additional entry and exit requirements.
  • Before traveling to Australia, U.S. citizens should:
    • Read the State Department’s Australia Travel Advisory.
    • Ensure that they have a valid U.S. passport and an Australian visa or an approved Electronic Travel Authority to enter the country.
    • Visit the International Travel page on the Australian government’s website.
    • Review the Department’s Country Information page and the Australian government’s travel tips, including guidance on what travelers can and cannot bring into the country.
  • Before traveling to New Zealand, U.S. citizens should:
    • Read the State Department’s New Zealand Travel Advisory.
    • Ensure that their passports have at least three months’ validity from the date they depart for New Zealand and hold a valid visa or an approved New Zealand Electronic Travel Authority.
    • Review the Department’s information on New Zealand’s entry, exit and visa requirements on the Country Information page.
    • Know what food and goods individuals can bring into New Zealand and review the government of New Zealand’s information on its biosecurity procedures.

Additional Information: U.S. citizens are encouraged to sign up for the Smart Traveler Enrollment Program if they have not done so already to receive emergency/security alerts and make it easier for the State Department to assist them in case of an emergency.  More travel guidance for U.S. citizens traveling to Australia and New Zealand for the Women’s World Cup is available here.

This alert has been provided by BAL U.S. 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.