News and Publications

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:

ANZSCO To Be Replaced

Immigration New Zealand (INZ) has announced that the National Occupation List (NOL) will replace the Australian and New Zealand Standard Classification of Occupations (ANZSCO) for visa applications. Changes to the NOL are currently under consultation, until 30 October 2024, with no set date for the change to occur announced at this stage. Changes include roles increasing in skill level (e.g. Cook is proposed to be a skill level 3 role), introductions of new roles (e.g. Production Supervisor) and roles decreasing in skill level (e.g. Insurance Agent).

 Changes to the Migrant Exploitation Protection Work Visa

From 31 October 2024, migrants will no longer be able to apply for a second Migrant Exploitation Protection Visa (MEPV). However, migrants who report credible exploitation can still be granted an initial MEPV of up to six months, or until their current visa expires, whichever is sooner, to allow them to leave exploitative situations. Those whose first MEPV expires by 30 November 2024 must apply for a second by 30 October 2024. INZ has also confirmed messaging that lawful employment terminations and redundancy cases do not qualify as exploitation, and exploitation must involve a genuine employment relationship.

Directors Liability: Directors of a New Plymouth Business Ordered to Pay $86,500

INZ continues to encourage migrant workers who have been exploited to report migrant exploitation and send strong messaging that migrant exploitation will not be tolerated. An investigation by the Labour Inspectorate in August 2021 and Employment Relations Authority matter has resulted in orders requiring:

• Dilkhush Pvt Limited (DPL) and its directors to pay the arrears of NZD$26,587.88
  • DPL pay a penalty of NZD$40,000
  • Two directors to jointly pay a penalty of NZD$20,000

Message for Employers

Employers, and particularly directors, should take this as a reminder to review their employment practices and ensure compliance with the law to avoid exploitation and protect their worker rights.

More places for Vietnam Working Holiday Scheme

The Vietnam Working Holiday Scheme will reopen on 24 October 2024. The number of places available under the scheme will increase from 100 to 200.

Changes to the China Special Work Visa

From 14 October 2024, immigration requirements will be updated to align with the upgraded New Zealand-China Free Trade Agreement. This means that 200 visas will be available to Chinese tourism specialists rather than Chinese tour guides. Separately from the FTA Upgrade, the qualification requirements for Chinese chefs are also broadened to allow them to hold a Certificate of Occupational Skill Level (COSL) Level 3 in traditional Chinese cuisine.

Open Partnership Work Visa Changes

From 2 December 2024, open work rights will be available to:

• all partners of Accredited Employer Work Visa (AEWV) working in an Australian and New Zealand Standard Classification of Occupations (ANZSCO) Level 1-3 role and earning at least NZD$25.29 an hour (80 percent of the standard median wage)
• partners of AEWV holders earning at least $25.29 an hour if they were already supporting a partner for a work visa on 26 June 2024
• all partners of Essential Skills work visa holders earning at least $25.29 an hour.

Furthermore, open work rights will be available to partners of AEWV holders working in an ANZSCO Level 4-5 role:

• earning at least $47.41 an hour (150 percent of the standard median wage), or
• earning at least $31.61 an hour in a role on the Green List and meeting the Green List requirements for that role, or
• earning at least $25.29 an hour (80 percent of the standard median wage) and meeting the requirements of a role in the Transport or Care Sector Agreements (or the wage specified in the sector agreement, whichever is higher).

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.