New Zealand: Changes to the Accredited Employer Work Visa (AEWV)

16.04.2024

On 7 April 2024, the government of New Zealand announced immediate changes to the Accredited Employer Work Visa (AEWV) which will affect existing AEWV holders as well as new applicants, and their employers.

The changes to the AEWV include:

Introducing an English language requirement for migrants applying for low skilled level 4 and 5 roles.
A minimum skills and work experience threshold for most AEWV roles.
For roles that fall into the level 4 and 5, employers will need to engage with Work and Income before approval to bring in migrants will be granted.
Reducing the maximum continuous stay for most level 4 and 5 roles from 5 years to three years.
The franchisee accreditation category will be disestablished and these businesses will be to apply to bring in workers from overseas through the standard, high-volume, or triangular employment accreditation.

The changes to Sector Agreements and the Green List include:

The Transport Sector Agreement Work to Residence pathway for bus and truck drivers is closing to new applicants.
Plans to add seven roles to the Construction and Infrastructure Sector Agreement, following the closure of the Recovery Visa are not progressing.
Plans to add 11 occupations to the Green List are not progressing.

See below for further details of all these changes.

Changes to the Accredited Employer Work Visa (AEWV)

The AEWV is New Zealand’s primary temporary work visa program. It allows approved employers to hire skilled workers on visas for up to 5 years.

What is changing for people with an AEWV:

For those who currently have an AEWV, these changes could affect how long they can stay before they need to spend time outside New Zealand or their eligibility to be granted a further AEWV.

Those who applied for their first AEWV before 21 June 2023 and are in an ANZSCO level 4 and 5 job paying at or above the required AEWV wage rate, and currently hold a three-year AEWV, will no longer be able to access the maximum time of five years.

Those who are in an ANZSCO level 4 and 5 job on a pathway to residence will not be affected by these changes.

Those who apply for a further AEWV on or after 7 April 2024 will have to meet the updated criteria. Those who are in an ANZSCO level 4 and 5 job may not be able to stay and work in New Zealand for the maximum time of five years.

What is changing for new AEWV applications:

There are now higher work experience and qualification requirements, a standard of English for people applying to work in roles assessed as ANZSCO skill level 4 and 5, and a shorter stay in New Zealand for those working in specific roles.

New minimum skill requirement:

Those who are applying for an AEWV will need to show evidence of their work experience or qualifications. This is in addition to the skills and qualifications that their employer has identified as necessary for the job and their employer will need to check they meet the skill requirements before they offer them the job.

Unless their role is on the Green List and meets the Green List role requirements, or is paid at least twice the median wage, they must now have:

At least 3 years’ relevant work experience, or
A relevant qualification at level 4 or above of the New Zealand Qualifications and Credentials Framework (NZQCF).

Evidence of their qualification must be accompanied by an International Qualification Assessment (IQA) if it is below bachelor’s degree level.

To meet the work experience requirement, they must provide evidence proving they did the work — they cannot include documents that they wrote.

Minimum standard of English:

If the job is ANZSCO level 4 or 5, they need to show that they can speak and understand English.

This requirement will not apply to current applications, or to people travelling as the partner or child of AEWV applicant.

Shorter visa length and stay in New Zealand for some jobs:

For ANZSCO level 4 and 5 jobs paying at or above the required AEWV wage rate, the maximum visa length for an AEWV is reduced to 2 years, with the ability to apply for one more year with a new Job Check.

The total time they can stay in New Zealand (also called a maximum continuous stay) on one or more AEWVs is reduced to 3 years. When they get to the end of their maximum continuous stay they will need to leave New Zealand for a specified amount of time — normally 12 months — before they can apply for another AEWV.

These changes will apply to anyone who applied for their first AEWV on or after 7 April 2024 or before 21 June 2023.

Some ANZSCO level 4 and 5 jobs will not be affected by these changes, including those:

on the Green List
in transport and care sector agreements, and on a pathway to residence
earning 1.5 times the median wage.

The length of an AEWV and maximum continuous stay for people in ANZSCO level 1 to 3 jobs will remain 5 years.

What is changing for employers:

The requirements employers must meet to hire migrants on the AEWV have changed.

There are now more requirements at the accreditation and Job Check stages and during the accreditation period.

There are also higher work experience and qualification requirements for AEWV applicants, a standard of English for people applying to work in roles assessed as ANZSCO skill level 4 and 5, and a shorter stay in New Zealand for those working in specific roles.

Ensure an applicant is suitably qualified and skilled:

Employers must now take reasonable steps to ensure migrants are suitably skilled before sending them a job token. Employers will need to check that the migrant has the skills they have identified as necessary for the job, as well as the new minimum skill requirement being introduced as part of these changes.

These requirements must be met for all Job Check applications.

Employers who are accredited or re-accredited from 7 April 2024 will need to take reasonable steps to ensure migrant workers meet skill requirements as part of their accreditation obligations.

Employ migrants for at least 30 hours:

From 7 April 2024, new AEWVs will be issued with a condition requiring them to employ migrants for at least 30 hours per week.

For those who do not provide at least 30 hours a week’s employment, INZ can revoke their accreditation.

Grounds for suspending accreditation being expanded:

Employers being actively investigated for any breach of accreditation may have their accreditation suspended. Previously, suspension was only an option for breaches of some accreditation requirements.

Now using ANZSCO skill levels:

Australian and New Zealand Standard Classification of Occupations (ANZSCO) skill levels are being introduced into the assessment of AEWV applications.

Suitable and available New Zealanders:

There is now a definition of ‘suitable and available New Zealanders’.

Employers will be required to declare that nobody who applied for the job met the definition. If an employer indicates that there were suitable New Zealanders available, the Job Check will be declined.

Extra rules for ANZSCO level 4 and 5 jobs:

Employers wanting to fill jobs at ANZSCO level 4 and 5 now need to:

Advertise for 21 days, rather than 14,
Engage with Work and Income, and
Declare in the Job Check why any New Zealanders who applied were not hired.

Employers must engage with Work and Income before making their Job Check application.

For those who did not hire a New Zealand applicant who met the definition of suitable and available, their Job Check will be declined.

Tell Immigration New Zealand when a migrant leaves their job:

A new accreditation requirement is being introduced for employers.

If a worker on an AEWV leaves employment a month or more before their visa expires, they must tell Immigration New Zealand (INZ) within 10 working days. If they fail to do this we may revoke or suspend their accreditation.

This change will not apply to existing accredited employers until they renew or upgrade their accreditation.

Franchisee accreditation changing late 2024:

Franchisee accreditation will end later in 2024. Franchisee employers will be able to apply for standard, high-volume, or triangular employment accreditation, depending on their circumstances.

Changes to Work to Residence and occupations on the Green List

The Work to Residence visa category is for foreign workers who have worked in a Tier 2 Green List in-demand role for 24 months.

Work to Residence changes for bus and truck drivers:

Bus and truck drivers who apply for an Accredited Employer Work Visa (AEWV) on or after 7 April 2024 and those who start work as a bus or truck driver on an open work visa on or after 7 April 2024 will not be eligible to apply for a Transport Work to Residence visa.

Those who already hold an AEWV, those who have applied for an AEWV (and are later approved) and those on open work visas who have already started work, will still be eligible for a Transport Work to Residence visa.

Green List changes:

On 8 April 2024, six roles will be added to the Green List, equating to nine ANZSCO occupations:

Straight to Residence
- Aviation Engineer (Avionics, Aeronautical, Aerospace Engineer)
- Naval Architect (aka Marine Designer)
- ICT Database and Systems Administrator
- Mechanical Engineering Technician
- Aircraft Maintenance Engineer
Work to Residence
- Corrections Officer

The previously announced roles will not be added to the Green List:

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:

Previous plans to add these seven roles to the Construction and Infrastructure Sector Agreement will not progress:

Driller’s Assistant
Earthmoving Labourer
Earthmoving Plant Operator general
Line marker
Machine Operators not elsewhere classified
Mechanic’s Assistant
Road Traffic Controller

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