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NEW ZEALAND – Changes Introduced to Accredited Employer Work Visa
April 16, 2024
This article was originally published on April 16, 2024. It was updated on May 9, 2024 with FAQs.
By: Patricia Clarino
The following changes have been introduced by Immigration New Zealand with effect from April 7, 2024, specifically for positions categorized at Skill Levels 4 and 5. The authorities will now rely more on the Australian and New Zealand Standard Classification of Occupations (ANZSCO) for skill level determination, with stricter criteria introduced for roles at these levels.
English test requirement
English language testing is now required for applicants to positions in Skill Levels 4-5. This new English test requirement can be fulfilled through various means, including citizenship, qualifications obtained, or specific English language tests.
Minimum skill threshold
There is also a minimum skill threshold that has been established for all applicants, requiring either three years of relevant work experience or a qualification at Level 4 or higher, with New Zealand Qualifications Authority (NZQA) assessment required for qualifications between Levels 4 and 6. The NZQA assessment and the degree relevance to job offer will not apply for degree level qualifications.
Shortened visa validity
AEWVs for Skill Levels 4 and 5 roles will now be valid for three years, extendable by one year, after which applicants must leave New Zealand for 12 months or apply for a higher skill level AEWV.
Labor market testing
Advertising for Skill Levels 4 and 5 is now required to be posted for 21 days instead of the previous 14 days. Employers aiming to recruit for Skill Levels 4 and 5 roles must coordinate with Work and Income (New Zealand’s social welfare and employment agency) for labor market assessments. Employers are obligated to verify applicants’ qualifications, report AEWV holder departures to Immigration New Zealand within 10 days, and bolster evidence of labor market shortages for lower-skill level roles.
Frequently asked questions
Is the AEWV median wage threshold still $29.96 hourly?
Yes, for AEWV only. It has been updated to $31.61 for residence visas. The government has indicated that it is considering an alternative to the median wage threshold for AEWVs.
When a job is advertised, does it need to include the new minimum skills requirements?
No. The advertising should only include the minimum skills genuinely required for a New Zealand applicant to take up the role.
Why is it only AEWV holders that submitted applications between June 21, 2023 and April 7, 2024 that can apply for the five-year balance?
These individuals applied on or after the date the government announced five-year AEWVs. This group had a reasonable expectation they would be able to work in New Zealand for five years.
Do other visa types held prior to an AEWV count towards the maximum continuous stay?
No.
Do the English language, minimum skills and suitably qualified requirements apply to AEWV balance applications?
Yes.
Do individuals submitting a Job Change need to meet these new requirements?
No.
When is an NZQA assessment needed for a qualification?
NZQA assessment is required for offshore qualifications below Bachelor level.
Do qualifications need to be relevant to the role offered?
Yes, for qualifications below level 7 (Bachelor) degrees.
When will work experience be considered relevant?
Work experience will be considered relevant if it is in the same industry or field.
Will INZ consider part-time work experience?
Yes, on a pro-rata basis.
Will verbal reference checks satisfy the requirement for an accredited employer to verify an individual meets the new minimum skills requirements?
No. Written confirmation is needed and records must be kept.
When will a New Zealand applicant be considered ‘readily trainable’?
If they can be trained on the job within a reasonable timeframe. INZ has indicated this would usually be within 6 months.
Will INZ hold Job Check applications that don’t meet the new advertising requirements e.g. engagement with WINZ?
No, these are very likely to be declined.
Will INZ hold Job Check applications where the ANZSCO is down-graded by INZ during the assessment process?
No, these are very likely to be declined. This makes it important for employers to complete an ANZCO assessment before a Job Check is submitted.
Newland Chase Insights
The introduction of new requirements for lower-skill level positions signals the reduction of the reliance on overseas workers for addressing the gap in the labor market. Employers are urged to collaborate closely with the authorities to enhance their recruitment strategies.
The announced updates are complex and fact-dependent. We recommend seeking specific advice in relation to these changes, particularly if you employ AEWV holders in ANZSCO Level 4 or 5 positions.
As always, don’t hesitate to reach out to your Newland Chase dedicated contact or submit an inquiry here should you have any specific questions regarding this announcement.
This immigration update is for informational purposes only and is not a substitute for legal or scenario-specific advice. Furthermore, it is important to note that immigration announcements are subject to sudden and unexpected changes. Readers are encouraged to reach out to Newland Chase for any case- or company-specific assessments.
