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Immigration New Zealand (INZ) has continued to make or propose significant changes in the immigration space including in relation to the Accredited Employer Work Visa (AEWV) scheme. We set out some of the most recent updates below:

Changes to the Post Study Work Visa (PSWV)

Students who studied a Postgraduate Diploma (PGDip) for 30 weeks and immediately progressed to a Master’s degree, will be eligible to apply for a Post Study Work visa (PSWV) that has an expiry of the initial qualification studied.

To be eligible for a 3-year PSWV, an applicant would need to complete at least 30 weeks of full-time study in New Zealand, enrolled in the Master’s degree itself.

The following changes are being made to align the list of qualifications eligible for a PSWV with the Green List:

• PSWV applicants who qualify to teach at secondary school no longer require a Bachelor’s degree specialising in Science, Mathematics, Technology or Pacific Languages
• Applicants who have completed graduate diplomas and meet the Teaching Council’s registration requirements are able to get a PSWV to work as a Primary or Intermediate school teacher
• the New Zealand Diploma in Engineering (Level 6) with a strand in Mechanical Engineering has been added so Mechanical Engineering Technicians are eligible for a PSWV.

INZ moves to using more declarations

INZ have amended accreditation policy to only require declarations to be required to evidence requirements that paid time has been provided to complete Employment New Zealand (ENZ) modules and the sending of settlement information.

INZ have also indicated that staff involved in recruitment decisions of AEWV holders only need to provide declarations to confirm that ENZ modules have been completed.

In future, INZ plan to remove the requirement to provide an employment agreement with a Job Check application along with other changes.

Removal of cap for Fishing Crew Work Visa

From 2 December 2024, employers can support migrant workers for Fishing Crew Work Visas without the need to work with an annual cap. Employers will still be required to obtain approval in principle from INZ if they wish to recruit 7 or more overseas crew members for a single vessel.

Allocation priorities

To help with reducing processing time of Job Check and AEWV applications, INZ have started to apply rules/policy to help with grouping like allocations together. We are already starting to see Job Check and AEWV applications for non-Green List roles that meet certain parameters, being processed within 1-3 weeks instead of the e.g. 7-9 weeks.

Immigration New Zealand’s response to the conflict between Hamas and Israel

INZ has implemented processes to help ensure consistency and with allocation for any applications received for people living in Israel and Palestine. These processes include:

• Processing all visitor visa general applications from Palestinian and Israeli passport holders in the same office.
• Setting up a dedicated INZ mailbox for applicants to use to request prioritisation of applications.
• The New Zealand Embassy in Cairo providing consular assistance for New Zealand citizens and residents attempting to leave Gaza and travel to New Zealand.

Recognised Seasonal Employer (RSE) Scheme

For the 2024 to 2025 season, the RSE cap increased to 20,750.

Changes that benefit workers impacted by the sale or merger of a business or by restructuring

INZ have amended policy to allow AEWV holders that lose employment due to business sale or merger, or due to restructure. The changes only requires AEWV holders to submit a Job Change application to work for a new employer if their role and location are not changing. The new employer will need to submit a new accreditation application if they do not hold accreditation already, however the application does not need to be approved to allow the Job Change application to be processed.

Moving Forward

Our immigration specialists are on hand to discuss your business needs and provide you with practical guidance on immigration, your obligations as an employer to adhering to the visa requirements and guidance on visa applications.

Disclaimer: We remind you that while this article provides commentary on employment law, health and safety and immigration topics, it should not be used as a substitute for legal or professional advice for specific situations. Please seek legal advice from your lawyer for any questions specific to your workplace. The information set out above is current as at 21 November 2024.