Posted on 28th May 2021 by Russell Phillips
Important information for employers and skilled migrants
The processing of Immigration NZ work visas from offshore is suspended at current time due to Covid-19.There have been many migrants who are asking whether migrating permanently to New Zealand is still an option? For many the answer is still YES!
There are those in New Zealand on temporary visas also asking whether their hopes are dashed.The answer for many is that a pathway still exists, and it will continue to exist after the introduction of the new visa system rolling out in October.
Automotive Employment NZ is a division of JOBCORP NZ and employs a full-time immigration adviser to help make immigration advice affordable for skilled migrants.Vanessa Godbaz who heads this division as a fully licensed adviser comments as follows:
To summarise the new pathways, migrants wishing to use the Accredited Employer Work Visa (AEWV) temporary visa pathway to achieve residency will need a job offer at twice the median income.At 27-05-2021 the median income is 25.50 so at double the median income skilled migrants need to earn $51 per hour.This is a mighty threshold and means that for a 40-hour working week this threshold is out of the reach of many.
While the changes Immigration NZ have made will of course impact some, the changes are not as draconian as many assume.Automotive Employment NZ Director, Russ Phillips has helped skilled motor industry migrants to relocate to New Zealand since 1991.Back in the 1990’s the primary pathway was to first get a temporary work visa and then apply for permanent residency using a system like what is known today as the Skilled Migrant Category (SMC).
Vanessa Godbaz notes that at current time a similar pathway is still available under the Skilled Migrant Category.We have supplied a matrix at the bottom of this article showing more detailed changes. If you feel you broadly qualify talk to Vanessa and attain a more detailed low-cost assessment.
The skilled migrant obtains a job offer.The migrant applies for a temporary work visa which must be equivalent to at least the NZ median income, currently $25.50 per hour.There are of course other conditions such as the labour market test to ensure no New Zealanders are available to take up the role and others listed in the detailed matrix below.Conditions such as ensuring there are no New Zealand workers available were largely applicable previously anyway.Labour market tests were either required in areas where there were not recognised long term skills shortages, or the employer applied for immigration NZ accreditation and had to provide proof of ongoing shortages.
Assuming the skilled migrant is granted a temporary work visa there is nothing stopping the migrant from applying for residency under the skilled migrant category as soon as it restarts.You will need 160 points using the points calculation as it applied to today’s date.27-05-2021.E.g., obtain a job offer, ensure you gain 160 points and then apply for residency as soon as possible.
If you are one of the lucky ones and can attain a base income (exclusion at risk incentives) of $51 per hour (at current date) then you have a second pathway to residency though the new accredited employer temporary work visa system that kicks off in October 2021.
Full details of the new Accredited Employer Work Visa (AEWV) application process follow but in the first instance talk to your recruitment consultant at Automotive Employment NZ.They are only working with applicants onshore in New Zealand now but will resume processing skilled migrant applications when Covid-19 border restrictions end.
The consultants will refer only those migrants who genuinely have a hope of gaining job offers that have a chance to lead towards a residency and or work visa.If you are referred to our licensed immigration adviser, Vanessa Godbaz she will detail and confirm your ability to obtain residency and or temporary work visa subject to normal Immigration NZ criteria.
Remember there is till more than one pathway to residency, just because Immigration NZ has made changes to the temporary visas this does not mean there is no pathway. None the less we have detailed the recent changes to temporary work visas in the matrix below:
New application process for temporary work visas follow:
The new Accredited Employer Work Visa (AEWV) application process will be employer led. Before hiring a migrant on the AEWV employers will need to:
· apply for accreditation under the new system
· apply for a job check to make sure the role they want to fill cannot be done by New Zealanders, and
· request a migrant worker to apply for a visa.
The migrant will need to meet the skills and experience stipulated as part of the job check.
Single visa replaces 6
The AEWV replaces these 6 work visas:
· Essential Skills Work Visa
· Essential Skills Work Visa — approved in principle
· Talent (Accredited Employer) Work Visa
· Long Term Skill Shortage List Work Visa
· Silver Fern Job Search Visa (closed 7 October 2019)
· Silver Fern Practical Experience Visa.
New system has 3 checks
The system will introduce 3 checks before an employer can hire a migrant worker. These checks are:
· the employer check — employers need accreditation to pass this
· the job check
· the migrant worker check.
· Employer check
The employer check will replace 3 current employer schemes:
· approval in principle (AIP) before an employer hires workers on an Essential Skills Work Visa
· Accreditation as a Talent Accredited Employer, and
· Labour Hire employers' accreditation for essential skills work visas.
To pass the employer check you need accreditation in the new system. Only accredited employers can hire a migrant worker on the AEWV.
The new accreditation levels are:
· standard accreditation — for employers who want to have up to 5 migrant workers on AEWVs at any one time
· high-volume accreditation — for employers who want to have 6 or more migrant workers on AEWVs at any one time.
Franchisees and employers wanting to place migrants on AEWVs with third parties (including labour hire companies) will need to meet additional criteria to get accredited.
The job check will confirm the job pays the market rate, the terms and conditions comply with our employment laws, and you have done a labour market test if you need to.
A labour market test shows you have genuinely advertised the role to New Zealanders and there are no New Zealanders available to do the job. For jobs paying below the median wage, the labour market test includes checking with the Ministry of Social Development.
Jobs paying 200 % of the median wage do not need a labour market test. Jobs paying at, or above, the median wage in regions also do not need a labour market test. In cities, jobs that are on a skills shortage list and pay at, or above, the median wage don’t need a labour market test.
You can only hire a migrant worker if the job check is passed. Employers pay for a job check.
More information on the specific advertising requirements, jobseeker engagement and confirmation of the different region and city settings will be available in June or July 2021.
Current labour market test requirements continue to apply for essential skills visa applications.
Some industries hire large numbers of migrant workers — sector agreements may be negotiated with them. Agreements will include a workforce plan and conditions on recruiting a temporary migrant worker for specific occupations in the sector.
Introduction of sector agreements has been delayed due to the COVID-19 pandemic.
AEWV migrant worker check
The migrant worker check is where the migrant worker applies for a visa. It is the last step in the AEWV process. The migrant worker must show they meet INZ’s character, identity and health requirements, and meet the skills and experience stipulated as part of the employer’s job check application.
Migrant workers or employers pay for this check.
Further information on fees will be announced when they are finalised later in 2021.
When to apply for accreditation
Employers will be able to apply for accreditation from late September, ahead of the 1 November 2021 introduction date.
Employers accredited under the current system will need to apply and meet the policy requirements of the new accreditation system.
Employers only need to be accredited under the new system when they want to start hiring migrants on AEWVs.
Employers don’t need to be accredited in the new system by 1 November 2021 if they do not plan to start hiring migrants on AEWVs at this time.
Businesses employing migrants who hold a current talent or essential skill visa don’t need to become accredited until they want to hire someone on the new visa.
Transitioning to the new accreditation system
The following employer policies are closing to new and renewing applications on 30 June 2021:
· Accredited Employer (Talent – Accredited Employer)
· Labour Hire Accreditation (Essential Skills)
· Approval in Principle (Essential Skills) – this does not include approval in principle for other policies including AIP for foreign crew of fishing vessels.
Employers will still be able to support work visa applications under the Essential Skills work visa category up until 31 October 2021.
Employers who only want to hire migrants using the new AEWV should wait and apply under the new accreditation system.
Employers accredited under the current system must apply and meet the policy requirements of the new accreditation system.
In between the existing Labour Hire Accreditation closing and the new accreditation policy being implemented, Labour Hire Accreditation will not be mandatory for labour hire employers supporting Essential Skills Work Visas for jobs in the construction industry in the Canterbury region.
What migrants workers need to know
In November 2021 6 temporary work visas will be replaced by the Accredited Employer Work Visa (AEWV).
The new visa process is led by the employer offering the job. Your potential employer must complete the employer accreditation and job check before you apply for a work visa.
If you have a current temporary work visa you will not be affected as long as you are meeting your visa conditions and your visa remains valid.
If you have a Residence from Work visa application underway (requiring a further Work to Residence visa to be granted residence), you will be able to continue this process if you remain with your employer.
The changes to accredited employer work visas will not affect other work visas holders.
Temporary work visas not affected
The following temporary work visas will not be changed by the new visa system:
· Recognised Seasonal Employer (RSE) Limited Visa
· Working holiday schemes
· Post-study Work Visa
· Fishing Crew Work Visa
· Religious Worker Work Visa
· Specific Purpose Work Visa
· partnership work visas including Partner of a Worker Work Visa, Partner of a New Zealander Work Visa and Partner of a Student Work Visa
· work visas granted for international or humanitarian reasons, such as domestic staff of diplomats, consular and official staff, and for refugee or protection status claimants.
People who hold visas based on work paid below the median wage will still have to leave New Zealand for a 1-year stand down period after they have been working for 3 years.
The stand down period policy is currently suspended until 1 January 2022.
The new visa will still have conditions specifying an employer, job and location. To change any of these the visa holder will still have to get a variation of conditions or apply for a new visa.
Current work visas remain valid until their expiry date if all employment conditions are met.
Progress so far
The Talent (Accredited Employer) work visa salary threshold is now 150% of the median wage (NZD $79,560).
The threshold for determining the conditions of an Essential Skills Work Visa is now the median wage.
Timeframes for providing further information are dependent on policy decisions and disruption caused by the COVID-19 pandemic.
Webinars for employers will be advertised later in 2021.
Job Check and migrant check
Further information about Job Check and migrant check requirements.
Fees for checks will be confirmed.
Applications process opens
Employers will be able to start the application process for accreditation for the AEWV from late September before it is introduced on 1 November.
Accredited Employer Work Visa becomes mandatory
1 November 2021
Full AEWV policy goes live.
It is recommended those employers or employees who feel they could be impacted by the changes contact Automotive Employment NZ’s licensed immigration adviser for an inexpensive 30-minute consultation. Enquiries to firstname.lastname@example.org