New Zealand: Latest immigration updates
The government of New Zealand has recently introduced a number of immigration updates which applicants and employers should be aware of.
Ahead of the new Skilled Migrant Category Resident Visa opening on 9 October 2023, the Government has recently agreed to changes to interim visas and interim variations of conditions for Skilled Migrant Category Resident Visa applicants, their dependents, and partners.
Changes to interim visas come into effect on 9 October 2023 when the new Skilled Migrant Category Resident Visa opens, and variation of conditions changes will be effective from 5 November 2023.
Interim visa changes
Changes have been made to interim visas to allow for Skilled Migrant Category Resident Visa applicants to be on an interim visa while they await the outcome of their application.
Applicants will be granted an interim visa which will be valid for up to 24 months and include multiple entry travel conditions, allowing them to leave New Zealand and return on the same interim visa while it is valid. Applicants must be in New Zealand on the date their visa expires to be eligible to be granted an interim visa.
These interim visa changes will also apply to partners and dependents of Skilled Migrant Category Resident Visa applicants.
Interim variation of conditions changes
The changes to variations of conditions (VOCs) to interim visas will mean interim visa holders who are awaiting the outcome of their Skilled Migrant Category Resident Visa application will be able to vary some of the conditions of their interim visa if their circumstances change.
As interim visas for Skilled Migrant Category Resident Visa applicants are valid for 24 months, it is highly likely some applicants’ circumstances will change in that timeframe. These changes are being made to allow applicants to vary the conditions of their visa while they await the outcome of their applications.
Eligibility for Skilled Migrant Category Interim Visa VOCs will be based on the conditions of the interim visa held and the situation of the applicants.
This means that not all people with the same interim visa conditions will have the same VOC pathway.
The cost to vary the conditions of a visa is NZD$210.
Work to residence visas open for applications
On 29 September 2023, the Green List and sector agreements work to residence visas will open for residence visa applications.
This means migrants who want to apply for residence under the Work to Residence Visa, Care Workforce Work to Residence Visa, or Transport Work to Residence Visa can apply if they:
- have two years of eligible work experience in a Green List or sector agreement role in New Zealand, and met the relevant skill and wage thresholds, and
- meet the other standard visa application requirements such as health, character, English language, and age.
The 24 months of work experience in a relevant role must be gained:
- while holding any type of work visa, or a Critical Purpose Visitor Visa with work rights, and
- from 29 September 2021, and within 30 months of the date their residence visa application is made.
Wage requirements for the Green List Work to Residence Visa
People applying for the Work to Residence Visa will need to meet a Green List role requirement of median wage, or role-specific wage threshold in place:
- at the start of their 24 months of work experience, and
- at the time they apply for residence.
If the median wage increases during their 24 months of work experience, they need to meet the new threshold when either they apply for the visa or if they change jobs.
There is an exemption If someone applied for their work visa or Critical Purpose Visitor Visa (with work rights) before 29 September 2023. In this case, they only need to be paid the median wage at the time they apply for their residence visa. The exemption does not apply to people on the Accredited Employer Work Visa.
Changes to skilled residence application processing priorities
A new priority of processing skilled residence applications has been agreed. From 29 September 2023, priority will be given to some of these skilled residence applications:
- Straight to Residence Visa
- Skilled Migrant Category Resident Visa
- Work to Residence Visa.
How skilled residence applications will be prioritised
For a skilled residence application to be prioritised, the applicant will need to be either:
- in a Tier 1 Green List role, or
- paid three times the median wage, or
- applying for the Skilled Migrant Category Resident Visa and have 6 points without work experience.
Prioritisation means that immigration officers will assess these applications before other skilled residence applications. Once the applications have been allocated, assessment and verification is the same as all other skilled residence applications.
There is no cap on the number of skilled residence visas that can be granted, and all visas will be granted to applicants who meet the relevant immigration requirements.
Changes to immigration settings
The government has announced changes to New Zealand’s immigration pathways.
The changes include:
- adding 17 roles to the Green List
- increasing the Recognised Seasonal Employer cap to 19,500 for 2023/24 season
- closing the Recovery Visa to new applicants from 23 September 2023
- existing holders of a Recovery Visa in New Zealand can apply for a 3-month extension
- adding a small number of roles to the Construction and Infrastructure Sector Agreement
- requiring a judicial warrant for out-of-hours compliance
Roles added to the Green List
Seventeen roles will be added to the Green List, following a scheduled and targeted review conducted by the Ministry of Business, Innovation and Employment (MBIE).
Roles being added to the Green List are:
- Aviation Engineer (Avionics, Aeronautical, Aerospace Engineer)
- Naval Architects (aka Marine Designer)
- Mechanical Engineering Technician
- ICT Database and System Administrator
- Aircraft Maintenance Engineer
- Road Roller Operator
- Paving Plant Operator
- Corrections Officer
- Metal Fabricator
- Pressure Welder
- Welder
- Fitter (General)
- Fitter and Turner
- Fitter-Welder
- Metal Machinist (First Class)
- Panel Beater
- Vehicle Painter.
The roles will be added to the Green List from March 2024. More information, including the specific requirements for each role and the specific residence pathway that will be available, will be available nearer the time.
Applications for work to residence pathway open
From 29 September 2023, the Green List and Sector Agreement Work to Residence pathways will open to applications for existing occupations on those lists.
Migrants with two years of eligible work experience in a Green List Work to Residence or eligible Sector Agreement role will be able to apply for residence if they meet other requirements relating to age, health, character and English language ability.
Increasing the cap for Recognised Seasonal Employer Scheme
The cap on the number of workers who may be employed under the Recognised Seasonal Employer (RSE) scheme is increasing to 19,500 for the 2023/2024 season — 500 more than the previous year.
The new RSE cap will allow access to workers from participating Pacific countries, providing workforce to the horticulture and wine sectors where local workers are not available.
This year’s increase reflects the request from industry for access to more workers, while balancing the effects on the New Zealand labour market, including expected labour market conditions in the coming year and the availability of suitable accommodation.
Cyclone Gabrielle Response Recovery Visa
The Government has announced that the Recovery Visa is closed to new applications from 23 September 2023.
From that date, existing visa holders already in New Zealand will be able to apply for a 3-month extension to the Recovery Visa, to allow them time to transition to longer term work visas if necessary.
Immigration New Zealand will contact existing visa holders as their visas approach expiration, to inform them of their options. Eligible visa holders will be able to apply for the extension using the existing online form for the Specific Purpose Work Visa.
New roles added to Construction and Infrastructure Sector Agreement
Additional roles will also be added to the Construction and Infrastructure Sector Agreement. These will be added early next year, and more information will be available closer to the time.
The roles being added to the Construction and Infrastructure Sector Agreement are:
- Driller’s Assistant
- Earthmoving Labourer
- Earthmoving Plant Operator (General)
- Linemarker
- Machine Operators N.E.C.
- Mechanic’s Assistant
- Road Traffic Controller
Legislative changes to out-of-hours compliance visits
Cabinet has agreed to amend the Immigration Act 2009 to require a judicial warrant to be sought for out-of-hours compliance activity, following the recommendation in Mike Heron KC’s independent review of out of hours compliance visits that the Government consider legislative change to specify criteria for these visits.
This change will ensure that powers are not used disproportionately and that there is a legal, third-party check and balance.
MBIE has already accepted the four operational recommendations made in the report and is in the process of implementing them.
Officials will continue work on this legislative change and report back with a specific proposal by the end of November 2023. It will be progressed as a standalone bill that will be passed as soon as possible in the next term.
Support with New Zealand immigration
If you are applying for a visa to work in New Zealand and require support with the process, Smith Stone Walters can help. Our dedicated Global Immigration team are on hand to provide support through the entire process, from initial consultation to delivery of your visa and post-arrival assistance.
To find out more, please contact us today.
