Major Immigration updates on Green list and AEWV policy
This April 2024, Immigration New Zealand is releasing major changes to various visa categories and pathways. Most are effective immediately.
Quick links to changes
- Green list changes
- Transport Sector Agreements phased out
- Changes to AEWV requirements and duration
- English requirements for AEWV
- Changes to Variations of Conditions/AEWV
This article discusses changes for work visa holders. Click here for a summary of changes for New Zealand employers.
WATCH OUR ADVISERS DETAIL THE CHANGES IN THIS WEBINAR
What are the new updates to the Green list?
Certain roles have been added to the Green List
As of 8 April 2024, 10 ANZSCO occupations have been added to the Green List:
Straight to Residence (9 roles)
- Aeronautical (Aerospace/Avionics/Aviation) Engineer (233911)
- Naval Architect/Marine Designer (233916)
- Mechanical Engineering Technician (312512)
- Aircraft Maintenance Engineer (Avionics) (323111)
- Aircraft Maintenance Engineer (Mechanical) (323112)
- Aircraft Maintenance Engineer (Structures) (323113)
- Sterilisation Technician (711914)
- Database Administrator (262111)
- Systems Administrator (262113)
Work to Residence (1 role)
- Corrections Officer (442111)
What roles are no longer added to the Green List?
The previously announced roles below will unfortunately no longer 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
Other Green list updates: clarification of requirements
Some roles, on the other hand, will benefit from additional ways of meeting Green list requirements.
What has changed with Diesel Motor Mechanic requirements for Work to Residence?
As an alternative to holding a certificate at NZQF Level 4, or a higher qualification, which includes the credit and knowledge requirements of the New Zealand Certificate in Heavy Automotive Engineering (NZQF Level 4) to meet requirements, an applicant may also become eligible for Work to Residence by showing appointment as a vehicle inspector by NZ Transport Agency Waka Kotahi for certificate of fitness service delivery.
Changes to Sector Agreements
The Transport Sector agreement residency pathway is now closed to all new entrants.
Can bus and truck drivers still qualify for the Transport Work to Residence visa?
While truck and bus drivers continue to qualify for an Accredited Employer Work visa, those who apply on or after 7 April 2024 will not be eligible to apply for a Transport Work to Residence visa. However, those who already hold an AEWV and had started to count work and those who have applied for an AEWV on or before 6 April 2024 (and are later approved) will still be eligible for a Transport Work to Residence visa.
Clarification to Care Workforce Work to Residence work experience requirements
For the avoidance of doubt, work experience for Care workforce will continue being counted if the specified hourly wage rate in immigration instructions increases as long as the applicant’s income does not decrease below the hourly rate that applied when their visa was granted, and they have not changed employment.
For example, a personal care assistant must be paid an hourly rate of $28.25. An applicant can start counting work experience from 29 September 2021 if they earn $27 an hour (the wage rate in effect at the time). When the wage requirement increased to $28.25 an hour on 1 July 2022, they can keep counting their work experience if they are still in the same job earning $27 an hour.
Wage rates in effect for the Care Workforce sector Work to Residence category across time are:
- 1 July 2022 onwards > $28.25 per hour
- 29 September 2021 to 30 June 2022 > $27.00 per hour
What roles will no longer be added to the Construction and Infrastructure Sector Agreement?
As of 8 April 2024, previous plans to add these 7 roles to the Construction and Infrastructure Sector Agreement will not progress:
- Driller’s Assistant
- Earthmoving Labourer
- Earthmoving Plant Operator general
- Linemarker
- Machine Operators not elsewhere classified
- Mechanic’s Assistant
- Road Traffic Controller
Had the changes been implemented, they would have offered the ability for an employer to offer a role below median wage.
Changes to Accredited Employer Work visa policy
How do the recent changes affect holders of an AEWV?
Accredited Employer Work Visa holder’s maximum continuous stay period in New Zealand
The maximum continuous stay period is determined by:
- When the applicant’s first AEWV application was submitted; AND
- Whether the role is paid at or above the median wage.
If the first AEWV application was submitted between 21 June 2023 and 6 April 2024 (inclusive) and they were paid at or above the median wage ($29.66 p/h), then the applicant is eligible for a maximum continuous stay period holding an AEWV for 5 years.
So for example, an AEWV holder granted on the basis of employment as a Factory Process Workers nec 839999 (a level 5 role), who submitted an application on 11 July 2023 and was paid at $29.66 p/h, can qualify for a 2-year AEWV extension (up to a total of 5 years), given that those granted AEWV’s paid at or above the median wage from 21 June 2023 and prior to 27 November 2023 may have only been granted initial 3-year AEWV’s due to previous policy.
However, if the first AEWV application was submitted ON OR BEFORE 20 June 2023 or ON OR AFTER 7 April 2024 and they were paid at or above the median wage ($29.66 p/h), then the applicant is subject to a maximum continuous stay as depending on the conditions outlined below:
For those whose employment were assessed as:
- Being ANZSCO level 1, 2 or 3; or
- Being on the Green List; or
- Included in the Transport Sector: Work to Residence (namely Ship’s Master 231213 and Deck Hand 899211 as of 7 April 2024); or
- Included in the Transport Sector: Work to Residence as of 6 April 2024 and they hold an AEWV that was submitted on or before 6 April 2024 (namely Bus Driver 731211, Truck Driver 733111, Aircraft Refueller 733112, Furniture Removalist 733113, Tanker Driver 733114, Tow Truck Driver 733115); or
- Being paid at or above 1.5 times the median wage in the Skilled Migrant Category (currently at $47.41 p/h)
They will retain the maximum continuous stay of 5 years (60 months)
For those whose employment were assessed as being ANZSCO level 4 or 5 (where employment is not otherwise assessed as meeting the above)
Their maximum continuous stay is now 3 years (36 months).
So for example, a client who applied for an AEWV on 25 May 2023, granted for 3 years on the basis of employment as a Earthmoving Plant Operator (General) 721211, skill level 4, and paid above the median wage of $29.66 p/h can no longer apply to extend their AEWV for a further 2 years (up to a total of 5 years) nor apply for a new AEWV based on the same conditions, without first spending a stand-down period of 12 consecutive months outside of New Zealand.
Currency of AEWVs
AEWV will be granted for 5 years for employment assessed as being paid at or above:
- the median wage ($29.66) and the occupation has been assessed at the Job Check as ANZSCO skill level 1, 2, or 3; or
- the median wage ($29.66) and the role is on the Green List (Appendix 13); or
- the median wage ($29.66) and an occupation included in the Transport Sector: Work to Residence (SR7); or
- 1.5 times the median wage in the Skilled Migrant Category at SR3.10(b) (currently $47.41 per hour); or
- the median wage ($29.66) and the application for an Accredited Employer work visa was submitted on or before 6 April 2024
AEWV will be granted for 2 years for for a role paid at or above the median wage ($29.66) and the occupation has been assessed at the Job Check as ANZSCO skill level 4 or 5.
How do the recent changes affect new AEWV applications lodged from 8 April 2024?
Minimum Skills Threshold
Applicants for an AEWV must now meet “the minimum skills threshold” on top of the requirements set out by the employer in the Job Check application.
The minimum skills threshold consists of:
- 3 years or more relevant work experience “with sufficient evidence from a third party”; OR
- A relevant qualification at Level 4 or higher in the NZQF framework
A qualification (i.e. Level 4, 5, 6 in the NZQF certificates or diplomas) or work experience can be considered relevant if it is in the same field or industry as the job offered. However, Level 4, 5, 6 certificates or diplomas will require an NZQA assessment (International Qualification Assessment aka IQA).
Qualifications that are Bachelor’s degrees or higher (i.e. Level 7, 8, 9, 10 in the NZQF) can be considered relevant to any employment offered. Instructions state that an IQA is not required if the qualification is Level 7 Bachelor’s degree or higher.
Evidence of relevant work experience may include but is not limited to:
- letters of reference from an employer; or
- certificates of employment; or
- payslips; or
- tax certificates.
The only instances where an applicant can be considered to meet the minimum skills threshold is if:
- The role is on the Green List and the applicant meets the requirements on the list
- The role is paying 2x median wage or higher
The applicant may also not be required to provide evidence that the minimum skills threshold is met if:
- an immigration officer has already assessed and accepted them as part of a previous application; or
- the applicant holds evidence of full or provisional occupational registration for the job they have been offered, where the specifications were required to obtain that registration.
English Language Requirements for AEWVs
Applicants for an AEWV (where employment has been assessed at the Job Check as ANZSCO skill level 4 or 5) must meet a minimum standard of English by providing an acceptable English language test result.
This new English proficiency requirement does not apply to Partner/Children of an AEWV applicant
Citizens of Canada, the Republic of Ireland, the United Kingdom or the United States of America are deemed as proficient in English, provided the applicant has spent at least five years in work or education in one or more of those countries or Australia or New Zealand.
Holders of certain tertiary qualifications gained in Australia, Canada, New Zealand, the Republic of Ireland, the United Kingdom or the United States of America may also be deemed as competent in English without providing a test result.
Changes to Variation of Conditions on AEWV or Job Changes for AEWV holders
The requirements to meet the minimum standard of English language and minimum skills threshold do not apply to Job Change applications.
AEWV holders whose visa is based on a type of employment that allows a five-year visa may not be granted a variation of conditions to work in a role allowing a two-year visa, unless they:
- were paid at or above the median wage ($29.66) and their application for an Accredited Employer work visa was submitted on or before 6 April 2024; and
- are in an ANZSCO skill level 4-5 occupation.