What to Expect after the Elections: An Immigration Update

Top 3 nationalities of AEWV holders:

1. India
2. Philippines
3. China

Top 3 occupations of AEWV holders:

1. Builder's Labourer
2. Carpenter
3. Cook

Suspension of accreditation without needing investigation

The last government stated that later this year, INZ will have the power to suspend accreditation for employers without the need for a formal investigation. This can occur when there are indications that an employer may be in breach of specific immigration and employment standards.

Migrant Exploitation Protection Visa (MEPV) 

Cases of migrant exploitation have been on the rise and have been receiving a lot of coverage in the media. The Government has been investigating allegations and evaluating the AEWV scheme itself. The Migrant Exploitation Protection Work Visa (MEPV) is the pathway for migrants that claim to have suffered exploitation.

This visa has a validity of up to six months, with the allowance of applying for an extension of up to another six months recently being announced. This total of 12 months on an MEPV, together with INZ’s ability to suspend an employer’s accreditation without an investigation open, can put businesses at a disadvantage. So, it is important that businesses are aware of this change. 

Increase in Job Check processing times

INZ has recently, and with no notice, modified its assessment process for Employer Accreditation and Job Checks. This involves more information requests from employers to verify job vacancies and support for planned hires, leading to longer processing times for these applications. 

INZ had initially established a timeframe of 10 working days for both these applications. It has only recently advised that employers should now allocate a processing time of six weeks each for Accreditation and Job Check applications. The reality on the ground is that most Job Checks are currently taking longer than six weeks.

We are very mindful that these extremely long processing times are detrimental to successfully hiring international workers. This has been escalated to INZ management and further communication from them is awaited. If you have an application that hasn’t yet been allocated and requires urgent allocation, you can get it escalated request for an escalation; the bar for this escalation remains quite high though. Reach out to us to learn how we can help you navigate these circumstances.

Increase in maximum continuous stay on an AEWV

Starting from 27 November 2023, the Government will introduce a maximum continuous stay of five years on an AEWV for individuals who do not have a clear pathway to residence. The maximum duration of an AEWV will be extended from three years to five years. Care workforce (those paid at least the level 3 pay rate) AEWVs will be extended from two years to three years.

What this change means is that an individual can spend a maximum of five years on an AEWV. If they want to apply for another AEWV, they will need to spend at least 12 months in a row outside New Zealand before they apply for it.

To align with this upcoming change, those on existing AEWVs will be able to apply for a further visa to get up to 5 years in total (including time already spent on an AEWV). Employers will not need to apply for a further Job Check for the role and you can reuse the existing job token, if:

• Your employee has an AEWV on 26 November 2023
• You offer them the same role, in the same location, and
• You pay them at least the amount listed in their current AEWV conditions.

Other salient updates

• Changes have been made to how INZ assesses character issues for temporary visa applications. A new policy section has been added for applicants who have character issues
  and did not declare it in their applications.
• The new 6-point SMC Resident Visa opened for applications on 9 October 2023. The final EOI selection under the 180 points Skilled Migrant Category (SMC) Resident Visa was on 16 August 2023. Read more about how the new system differs from the old one here.
• The Recovery Visa scheme closed to new applications in September 2023. Current visa holders will receive a 3-month extension on their existing visas.
• 17 new roles will be added to the Green List from March 2024.
• 7 new roles will be added to the Construction and Infrastructure Sector Agreement from March 2024.
• Judicial warrants are now required for out-of-hours AEWV compliance visits.
• The Recognised Seasonal Employer (RSE) cap will be increased by 500 places for the 2023/24 season.
• Increased minimum pay and sick leave for RSE workers came into effect on 1 October 2023. Employers must now pay their RSE workers the minimum wage of $24.97/hr. They will receive 10 days paid sick leave. 

If you are an HR professional and keen to know more about what the future of NZ immigration looks like in the months to come, join us for this post-election panel discussion in Auckland (you can join in-person or online) brought to you by Aims Global Immigration, and supported by RCSA (The Recruitment, Consulting & Staffing Association) and Auckland Business Chamber. 

Hear from business and industry leaders as they explore the sustainability of immigration policies. These policies directly affect thousands of Kiwi businesses and migrant workers, making it crucial for you to stay informed. As an employer, HR manager, or recruiter, this one-of-a-kind panel event is a must-attend. The proceedings will also be livestreamed.

Click here to book your in-person ticket or here to secure your online seat. See you there!