On 7 April 2024, the government of New Zealand announced immediate changes to the Accredited Employer Work Visa (AEWV), impacting both current AEWV holders and new applicants along with their employers.
Key Changes to the AEWV
The alterations to the AEWV include:
- English Language Requirement: Migrants applying for low-skilled level 4 and 5 roles will now need to meet an English language requirement.
- Minimum Skills and Experience: A new skills and work experience threshold will be required for most AEWV roles.
- Employer Engagement with Work and Income: For level 4 and 5 roles, employers must engage with Work and Income before getting approval to hire migrants.
- Reduced Maximum Stay: The maximum continuous stay for most level 4 and 5 roles will be reduced from five years to three years.
- Franchisee Accreditation Category Elimination: The franchisee accreditation category will be removed. These businesses will now need to apply through standard, high-volume, or triangular employment accreditation channels.
Sector Agreements and Green List Changes
Additionally, alterations have been made to Sector Agreements and the Green List:
- Transport Sector Agreement Closure: The Work to Residence pathway under the Transport Sector Agreement for bus and truck drivers is closed to new applicants.
- Construction and Infrastructure Sector Agreement Stagnation**: Plans to add seven roles to the Construction and Infrastructure Sector Agreement following the closure of the Recovery Visa are not advancing.
- Green List Expansion Halt: Plans to add eleven occupations to the Green List are not proceeding.
Detailed Changes for AEWV Holders
Current AEWV Holders:
Current AEWV holders might face changes in their eligibility for further AEWVs or have shorter stays before needing time outside New Zealand. Specifically:
- Those who applied before 21 June 2023 for a level 4 or 5 job at or above the required wage rate and hold a three-year AEWV can no longer access a five-year maximum stay.
- Individuals on a residence pathway in level 4 or 5 jobs remain unaffected.
- Individuals applying after 7 April 2024 must meet new criteria and may not be able to achieve a five-year stay.
New AEWV Applicants
Prospective AEWV applicants face increased requirements including higher work experience, qualification standards, enforced English language proficiency for levels 4 and 5 roles, and shorter permissible stays in New Zealand.
For more details on these significant changes, stakeholders are advised to consult official avenues or professional advisors.
New Minimum Skill Requirements for AEWV Applications
Those who are applying for an AEWV will need to provide evidence of their work experience or qualifications. This requirement is in addition to the skills and qualifications that their employer has identified as necessary for the job. Employers must verify that applicants meet the skill requirements before extending a job offer.
Work Experience or Qualification Requirement
Unless their role is on the Green List and meets the Green List role requirements, or is paid at least twice the median wage, applicants must now have:
- At least 3 years of relevant work experience, or
- A relevant qualification at level 4 or above of the New Zealand Qualifications and Credentials Framework (NZQCF).
Evidence of qualification must be accompanied by an International Qualification Assessment (IQA) if it is below the bachelor’s degree level. To meet the work experience requirement, they must provide evidence proving they did the work; documents they wrote themselves cannot be included.
Minimum Standard of English
If the job is categorized as ANZSCO level 4 or 5, applicants need to demonstrate their ability to speak and understand English. However, this requirement does not apply to current applications, nor to partners or children of AEWV applicants.
Shorter Visa Length and Maximum Stay
For ANZSCO level 4 and 5 jobs paying at or above the required AEWV wage rate, the maximum visa length is now reduced to 2 years. Applicants can apply for one additional year with a new Job Check. The total time allowed to stay in New Zealand on one or more AEWVs is reduced to 3 years. After reaching this maximum continuous stay limit, applicants need to leave New Zealand for a specified amount of time — typically 12 months — before reapplying for another AEWV.
These changes apply to anyone who applied for their first AEWV on or after 7 April 2024 but before 21 June 2023. However, some ANZSCO level 4 and 5 jobs won’t be affected by these changes, including those:
- On the Green List
- In the transport and care sector agreements and pathways to residence
- Earning 1.5 times the median wage
The length of AEWVs and maximum continuous stay for those in ANZSCO level 1 to 3 jobs will remain at 5 years.
Changes Impacting Employers
The requirements employers must meet to hire migrants under the AEWV have been revised. These include additional requirements during the accreditation and Job Check stages as well as throughout the accreditation period.
Employers now face stricter criteria regarding work experience and qualification levels for AEWV applicants. There are also new English language proficiency standards for roles assessed as ANZSCO skill levels 4 and 5, along with a shorter permitted stay in New Zealand for specific roles.
Ensuring Migrant Workers are Suitably Qualified and Skilled
Reasonable Steps for Employers
Employers must now take reasonable steps to ensure migrants are suitably skilled before sending them a job token. This involves verifying that the migrant has the necessary skills for the job and meets the new minimum skill requirements.
Accreditation Obligations
Employers accredited or re-accredited from 7 April 2024 must ensure that migrant workers meet skill requirements as part of their accreditation obligations. Every Job Check application must adhere to these requirements.
Employment Hours for Migrants
Starting from 7 April 2024, new Accredited Employer Work Visas (AEWVs) will have a condition mandating at least 30 hours of work per week for migrants. Employers failing to provide these hours risk having their accreditation revoked by Immigration New Zealand (INZ).
Suspending Accreditation
The grounds for suspending accreditation have expanded. Employers under investigation for any breach of accreditation may face suspension. Previously, this was limited to specific breaches only.
Using ANZSCO Skill Levels
Integration with AEWV Applications
The Australian and New Zealand Standard Classification of Occupations (ANZSCO) skill levels are now part of the assessment process for AEWV applications, ensuring a standardized measure of skills across occupations.
Suitable and Available New Zealanders
New Definition
A clear definition of ‘suitable and available New Zealanders’ is now in place. Employers must declare that no suitable New Zealanders applied for the job; otherwise, their Job Check will be declined.
Extra Rules for ANZSCO Level 4 and 5 Jobs
Advertising Duration and Engagement
For jobs classified at ANZSCO levels 4 and 5:
- Employers must advertise positions for 21 days, up from the previous 14 days.
- Employers must engage with Work and Income.
- They must declare why any New Zealand applicants who met the criteria were not hired.
Failure to follow these rules will result in the Job Check being declined.
Reporting Departures to INZ
New Reporting Requirement
There’s a new requirement for accredited employers to inform INZ if a migrant worker on an AEWV leaves their job more than a month before their visa expires. This notification must be made within 10 working days to avoid possible revocation or suspension of accreditation. This change applies upon renewal or upgrade of accreditation.
Franchisee Accreditation Changes
Transition in Late 2024
Franchisee accreditation will end later in 2024. Franchisee employers can then apply for standard, high-volume, or triangular employment accreditation according to their specific situations.
Green List Changes Effective 8 April 2024
On 8 April 2024, several new roles will be added to the Green List, impacting nine ANZSCO occupations:
Straight to Residence
- Aviation Engineer (Avionics, Aeronautical, Aerospace Engineer)
- Naval Architect (Marine Designer)
- ICT Database and Systems Administrator
- Mechanical Engineering Technician
- Aircraft Maintenance Engineer
Work to Residence
- Corrections Officer
Roles Not Added to Green List
The previously announced roles that will not be included in the Green List are:
- Paving Plant Operator
- Metal Fabricator
- Pressure Welder
- Welder
- Fitter (General)
- Fitter and Turner
- Fitter-Welder
- Metal Machinist (First Class)
- Panel Beater
- Vehicle Painter
- Road Roller Operator
Construction and Infrastructure Sector Agreement Changes
Plans to include the following seven roles in the Construction and Infrastructure Sector Agreement have been halted:
- Driller’s Assistant
- Earthmoving Labourer
- Earthmoving Plant Operator (General)
- Line Marker
- Machine Operators (Not Elsewhere Classified)
- Mechanic’s Assistant
- Road Traffic Controller
