Immigration updates

New Employer Infringement Scheme
16 Apr 24

Immigration New Zealand (INZ) has introduced an employer infringement scheme to address low-level compliance issues. Background From 11 April 2024, INZ may issue infringement notices to employers in breach of immigration rules. This could include employing individuals unlawfully or in breach of visa conditions, or ...

Significant AEWV Changes Announced
16 Apr 24

On 7 April 2024 the government introduced a number of significant changes to the AEWV scheme. This alert provides a high-level overview of these changes. Key Changes ANZSCO Skill Level 4 and 5 restrictions Job vacancies for a role at ANZCO Skill Level 4 or ...

Accredited Employer Work Visa Scheme – renewals coming
15 Apr 24

In July 2022, the new Accredited Employer Work Visa (AEWV) scheme was introduced by Immigration New Zealand (INZ). This category replaced seven work visas and turned what used to be one application into three separate processes, with three different application fees. The AEWV scheme requires ...

Government pauses planned median wage increase for AEWV
16 Jan 24

The median wage is updated in immigration policy each February. This is based on the rate published by Statistics New Zealand the previous June. Several New Zealand work and residence visas are indexed to this median wage, including the Accredited Employer Work Visa (AEWV) and ...

Immigration Alert: Removal of 90-day trial periods
30 Nov 23

From late October 2023 accredited employers will need to commit to not using 90-day trial periods for Accredited Employer Work Visa (AEWV) holders. 90-day trial periods A 90-day trial period can be used by employers to determine whether a new employee is suitable for the ...

Immigration alert – Median wage threshold to increase
8 Sep 23

Background The median wage is updated in immigration policy each February. This is based on the rate published by Statistics New Zealand the previous June. Several New Zealand work and residence visas are indexed to this median wage, including the Accredited Employer Work Visa (AEWV) and ...

Immigration alert – AEWV visa duration and maximum stay updates
15 Aug 23

Background Currently, an Accredited Employer Work Visa (AEWV) can be granted for a maximum of 3 years. Provided the individual earns at least the median wage (currently $29.66), there is no limit on the amount of time an AEWV holder can spend in New Zealand. ...

Immigration alert – Skilled Migrant Residence Update
11 Jul 23

New Skilled Migrant Category The Skilled Migrant Category (SMC) has been the main residence pathway in New Zealand for many years. In April 2020 Expressions of Interest (EOI) selections were suspended. The category reopened in November 2022 as an interim measure, while changes to this ...

Immigration alert – How to approach an immigration breach
5 Jul 23

Background To qualify (and maintain) employer accreditation, key people within an organisation must not have employed anyone who is ineligible to work under the Immigration Act 2009. Also, these key people must not have provided false or misleading information to Immigration New Zealand (INZ), or ...

Immigration Alert – Partner work rights
13 Jun 23

Updates On 31 May 2023 the visa conditions for partners of Essential Skills and Accredited Employer Work Visa holders changed. Most partners now need to work for an accredited employer and earn at least the median wage (currently $29.66). This is unless an uncapped sector ...

Post-accreditation compliance
31 May 23

When your business applied for accreditation it made several commitments to Immigration New Zealand (INZ). Compliance with these commitments is essential to accreditation being maintained and renewed. Please ensure that you complete and track all of the below. Settlement support activities The below is to ...

Onus on employers in work visa system compliance
27 Apr 23

Column written by Tash Rae and published in the Otago Daily Times on 27 April 2023 In July 2022, Immigration New Zealand (INZ) overhauled its work visa system and created a new Accredited Employer Work Visa (AEWV). This category replaced several visas and turned what ...

Immigration alert – compliance checks
19 Apr 23

Background To support an Accredited Employer Work Visa (AEWV) New Zealand employers must hold mandatory accreditation with Immigration New Zealand (INZ). This is granted to employers who: Are genuinely operating; Will commit to completing settlement support activities for migrants; and Have a history of compliance ...

Immigration alert – New Zealand’s UK Working Holiday Visa program expanded
17 Mar 23

Background Currently, UK citizens between the ages of 18 and 30 can apply for a New Zealand working holiday visa for up to 23 months. This allows work for any employer in New Zealand, but for no more than 12 months (total). It does not ...

Tips for passing the Job Check
14 Mar 23

If your business employs migrant workers, or would like to do so, it is important to understand how the requirements for employers have changed. The Accredited Employer Work Visa (AEWV) framework has replaced most work visa categories in New Zealand. Unlike previous frameworks, the AEWV ...

Immigration alert – Partner work rights to stay (with conditions)
6 Mar 23

Background In 2022 it was announced that work rights for many partners of temporary visa holders would be removed, with limited exceptions. This change was initially slated for December 2022 but was pushed out until April 2023. Update The government has changed its position on ...

Immigration alert – Immigration relief for extreme weather rebuild
24 Feb 23

Background Extreme weather events such as Cyclone Gabrielle have created significant destruction for several North Island communities. This has resulted in a substantial demand for occupations like engineers, insurance assessors and construction workers to help with the recovery. Immigration New Zealand (INZ) has acknowledged that ...

Is immigration New Zealand’s key to winning the talent war
17 Feb 23

In February 2023 our Immigration expert and Senior Associate Tash Rae spoke to NZLawyer about the difficulties in attracting skilled workers to New Zealand. Her interview discusses the biggest challenges employers are facing, and highlights what needs to change. Immigration has been chaotic over the past ...

Immigration implications of a DUI conviction
19 Jan 23

I often get asked to assist migrants who have been convicted of driving under the influence of alcohol (DUI). This article explains the possible immigration consequences of a DUI conviction. The character rules Applicants must meet good character requirements to be approved a New Zealand ...

Immigration alert: 12-month automatic accreditation extensions
23 Dec 22

Background To support an Accredited Employer Work Visa (AEWV) New Zealand employers must hold mandatory accreditation with Immigration New Zealand. This is granted to employers who: Are genuinely operating; Will commit to completing settlement support activities for migrants; and Have a history of compliance with ...

The impact of mental health on a visa application – will someone who takes anti-anxiety/depression medication, or has counselling or EAP be able to get a New Zealand visa?
15 Dec 22

I frequently get asked whether mental health conditions will prevent a person from getting a New Zealand visa. This article explains the Immigration New Zealand (INZ) rules around this. The health rules Applicants must have an acceptable standard of health (ASH) to be approved a ...

“Stamping Out” Migrant Worker Exploitation: The Worker Protection (Migrant and Other Employees) Bill
15 Dec 22

On 29 September 2022, the government introduced the Worker Protection (Migrant and Other Employees Bill) into Parliament. The bill aims to improve the efforts in preventing migrant worker exploitation by strengthening current measures and introducing new ones. Priyanca Radhakrishnan, Associate Minister for Workplace Relations and ...

Immigration alert: Removing work rights for most partners
7 Dec 22

Background Currently, most partners of work visa holders can secure open working visas. This is provided the principal applicant has a work visa for more than six months and is paid at least the median wage. Update From April 2023 Immigration New Zealand (INZ) will ...

Immigration law: The impact of mental health on a visa application
30 Nov 22

Will someone who takes anti-anxiety/depression medication, or has counselling or EAP be able to get a New Zealand visa? After frequently being asked whether mental health conditions will prevent a person from getting a New Zealand visa, our  immigration lawyer Tash Rae  has put together ...

Immigration alert: Median wage threshold to increase
30 Nov 22

Background The median wage was updated by Statistics New Zealand in June 2022 to $29.66 hourly. Several New Zealand work and residence visas are indexed to this median wage, including: Accredited Employer Work Visa (AEWV) Green List (Tier 1) Straight to Residence Visa Skilled Migrant ...

For more information contact:

Tash Rae

tash.rae@al.nz