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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:

Key Fee changes

From 1 October 2024, INZ has announced significant increases in application fees and levy rates. A link to the full table confirming application fee increases can be found here.

Longer visas for partners of New Zealanders

From 1 October 2024 and as long as requirements are met, Partnership visas can be granted with an increased maximum duration of three years (up from two years). The change will apply to applications received from 1 October 2024 and applications that have been submitted, but have not yet been decided on 1 October 2024. Already granted partnership visas will not be automatically extended.

Employers required to lead Work and Income engagement checks

The following changes in respect to Job Check applications will come into effect from 7 October 2024:

• Accredited employers must engage directly with Work and Income to obtain an engagement check, before a Job Check application is submitted to support ANZSCO skill level 4 or 5 vacancies. The contact person set out in the Work and Income engagement check must be responsible for making hiring decisions. If the contact person is external to the employer (e.g. a recruitment company), the employer must not use the same organisation to provide immigration advice in their Job Check application.
• Engagement checks must have been completed within 90 days before a Job Check application is submitted.

Exemptions to Accredited Employers Work Visa skills

The Government has made short term exemptions for AEWV minimum skills requirement for particular roles and industries, effective from 8 September 2024.

We have summarized the requirements in respect to the exemptions below:

• Capped meat and seafood processing sector: employment must be offered under the 2024/25 season (31 August 2024 to 31 August 2025) of the capped meat processing sector agreement (WA3.15.5(a)(i)) or 2024/25 season (31 October 2024 to 31 October 2025) of the capped seafood processing sector agreement (WA3.15.5(a)(ii)).
• Tourism and hospitality sector agreement: applicants to must hold a AEWV granted under the tourism and hospitality wage exemption that expires on or before 31 March 2025 and be applying for a further visa to work in the same role .
• Care workforce sector agreement: applicants must hold a valid AEWV under the care workforce sector agreement that was granted between 4 July 2022 and 23 November 2023 (inclusive) in a role that was paid at least $26.16 per hour and be applying for a further one-year AEWV to work in the same role.

Compliance with visa conditions and requirement

INZ recently completed a joint operation, in Queenstown with the Ministry of Business, Innovation and Employment’s (MBIE). The joint operation resulted in several work visas being cancelled, and deportation liability and infringement notices being served.

INZ carried out checks to see if employers and migrant workers were meeting their immigration requirements. At least two AEWVs were cancelled due to non-compliance with their visa conditions and at least three infringement notices have been issued.

INZ also provided educational engagements with employers and its staff to share information in respect to immigration obligations regarding the AEWV scheme and employer responsibilities.

Message for Employers

The immigration space continues to change. We also recommend carefully planning applications in light of the possibility of changes in future.  Our team of specialists can help with bespoke and practical advice and solutions on navigating the tricky immigration landscape. Please do not hesitate to contact us if you need help.

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.