By Lavinia Askin
17 July 2024
A flurry of changes made to the AEWV scheme of late reflects the New Zealand Government’s ongoing efforts to return settings to similar ones under the previous Essential Skills Work Visa. Although the intention is to align immigration policies with the Government’s broader economic and social objectives, the changes are leaving migrant workers and New Zealand employers in a state of flux.
Further rule changes have been announced surrounding the Government’s move to prevent AEWV holders in ANZSCO skill level 4 and 5 roles from supporting work, student or visitor visa applications for their partners and dependent children, with some limited exceptions.
A recent clarification of instructions distributed by Immigration New Zealand outlined that AEWV holders (including those in transport or care sector employment) will have to be paid the median wage (currently $29.66 NZD per hour) to support their partners for a conditional work visa.
Likewise, AEWV holders in ANZSCO level 4 or 5 roles earning at least 1.5 times the median wage will be able to support their partners for a work visa and dependent children for student or visitor visas.
Further to this, a special work visa that allows the holder to work for any employer may be granted to the partner of an AEWV or Essential Skills work visa holder in a role that is either paid at least twice the median wage or paid at least the median wage and is on the Green List and the work visa holder meets the applicable requirements.
These changes apply to new AEWV applicants including migrants already in New Zealand. However, people who hold or have an application in progress for a visa as the partner or dependent child of affected AEWV holders will not be impacted, provided their application was received by Immigration New Zealand prior to 26 June 2024 and provided visa is approved.
Partners and dependent children will still be able to apply for a visa in their own right to come to New Zealand, such as an AEWV or an international student visa, or a general visitor visa, provided they meet the requirements.
We note that with effect from July this year, school aged children of eligible international students, who are studying for level 7 or 8 bachelor’s or bachelor’s (honours) degrees specified on the Green List, can apply for Dependent Child Student Visas and study in New Zealand as domestic students.
Ultimately, the AEWV changes reflect a furthering of the measures being made to dissuade prospective migrants to come to New Zealand and will yield huge challenges for kiwi employers who rely on migrants to fill positions in many key industries.
The eligibility checker found on Immigration New Zealand’s website is a helpful tool, however we also strongly advise seeking guidance from an immigration lawyer if this new update relates to you in any way and you have questions or concerns. Our team at Pitt & Moore are here to help.
Disclaimer: The information contained in this publication is of a general nature and is not intended as legal advice. It is important that you seek legal advice that is specific to your circumstances.
Position: Associate
Email: lavinia.askin@pittandmoore.co.nz
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DX WC70013
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