Changes to the Accredited Employer Work Visa

Changes to the Accredited Employer Work Visa (AEWV) programme: As of April 7, 2024, the AEWV programme has undergone significant modifications by the government of New Zealand.

Changes for Existing AEWV Holders

• Maximum Stay: There may be a shorter maximum stay period for some roles. You might not be qualified for the prior five-year maximum stay if your ANZSCO level 4 or 5 employment application was submitted before June 21, 2023, and meets certain requirements. Roles that are on the Green List, have possibilities to residency, or pay 1.5 times the median wage are examples of exceptions.

Length of stay

• Future AEWVs: The new rules might affect how long you stay overall and will be applicable to applications received on or after April 7, 2024. An individual may renew their visa for a maximum of five more years if they are currently employed under an AEWV. Only time already worked in New Zealand will be subject to the five-year limit period.

Changes for New AEWV Applicants

• Skill and Qualification Requirements: Increased work experience (minimum 3 years) or relevant qualifications (NZQCF level 4 or above) are now mandatory, unless a role is on the Green List (meeting specific requirements) or pays at least twice the median wage. Evidence (including International Qualification Assessment for qualifications below bachelor’s degree) will be required.

Additional information

• English Language Requirement - Applicants for ANZSCO level 4 or 5 roles must demonstrate English proficiency (speaking and understanding). This does not apply to current applications or dependents of applicants.
• Shorter Visa Lengths - For some ANZSCO level 4 or 5 jobs (except those on the Green List, in transport and care sectors, or pathways to residence, or earning 1.5 times the median wage), the maximum initial visa validity is reduced to two years, with a potential one-year extension through a new Job Check. The total time to stay in New Zealand on AEWVs is capped at three years, requiring a twelve-month absence before reapplying.

Changes for Employers

• Stricter Accreditation Requirements - Employers must take more rigorous steps to ensure migrant qualifications and skills before offering a job and throughout the accreditation period. This includes verifying applicants meet the new minimum skill requirement.
• Minimum Work Hours - Employers are now obligated to provide a minimum of 30 hours of work per week to AEWV migrant workers. Failure to do so can result in accreditation revocation.
• Expanded Accreditation Suspension Grounds - Accreditation can be suspended for employers under active investigation for any accreditation breach, whereas previously it only applied to specific breaches.
• ANZSCO Skill Levels - Job Checks and accreditations will utilize the Australian and New Zealand Standard Classification of Occupations (ANZSCO) skill level system.
• Suitable New Zealanders - A definition of “suitable and available New Zealanders” is established. Employers must demonstrate no applicants met this definition before a Job Check can be approved. This involves advertising the job for 21 days, engaging with Work and Income, and justifying why suitable New Zealand applicants were not hired.
• Reporting Migrant Job Departures - Employers must notify Immigration New Zealand within ten working days if an AEWV worker leaves their employment a month or more before visa expiry.
• Franchisee Accreditation Changes - Franchisee accreditation will cease later in 2024. Franchisee employers can apply for alternative accreditation categories.

Modifications to Residence Pathways

The government also announced adjustments to planned additions for the Green List and the Construction and Infrastructure Sector Agreement. The Work to Residence pathway specifically designed for bus and truck drivers will be closed to new applicants who are not already employed or haven’t applied for a qualifying role.

Migrant high school graduates awaiting the outcome of a family residence application will soon be granted work authorisation. This change is expected to take effect by mid-2024, with detailed information forthcoming closer to the implementation date.

Partner Work Visas

Tougher rules for partners of migrant workers qualifying for work visas were rolled out on 31 May. Partners issued with a partner work visa have the following visa conditions attached:

• May only work for an accredited employer; and
• Cannot be self-employed; and
• Paid at or above the median wage (currently NZ$29.66 per hour) unless working in jobs covered by certain sector agreements.

There is an exception when migrant workers hold a work visa based on a Green List occupation or are paid twice the median wage. In these cases where the partners can work for any employer and the median wage rule does not apply.

Partners wanting to renew their current partner work visas should take immigration advice before they apply to make sure they qualify. People who applied before 31 May are now in a long processing queue as there was a rush of applications before the old category closed.

For more information visit: https://www.immigration.govt.nz/‍