Immigration rule changes for seasonal workers

Elly Fleming

28 August 2024

There have been a couple of announcements this month affecting Kiwi employers who might need seasonal workers.

As outlined below, there have been improvements made to the Recognised Seasonal Employer (RSE) scheme following government review. And, for those industries with seasonal peaks, there is a new subcategory of the Specific Purpose Work Visa for when the work is directly impacted by changes in weather.

Changes to the RSE Scheme

RSE cap increase of 1,250 workers

For the upcoming 2024-2025 season, the cap on the number of RSE workers is increasing to 20,750. This is an increase of 1,250 from last season’s cap, which was 19,500.

This increase is touted to help meet industry’s expansion plans and growth projections, particularly in wine and kiwifruit exports, while also being mindful of accommodation availability for workers.

Other improvements

Most of the following changes take effect from next week, on the 2 September.

• Employers must pay RSE workers an average of 30 hours a week over 4 weeks.
• RSE workers will now be granted a visa that will allow them to leave and return to New Zealand during a season.
• RSE workers will no longer have to be screened for HIV.
• The pause on accommodation cost increases will be lifted and employers will be able to increase rents modestly.
• RSE workers will be able to undertake training and skills development not directly related to their role.
• There will be more flexibility for RSE workers to move between employers and regions.
• Timor-Leste will be included in the scheme.
• The requirement to pay RSE workers at least 10 percent above the minimum wage will only apply to experienced workers returning for their third and subsequent seasons.

Specific Purpose Work Visa

This is an interim, time-limited, streamlined pathway and is more in line with the length of seasonal work.

To be eligible, the seasonal work must be directly impacted by changes in weather, such as harvesting, ski instructing, or tree planting.

The role must also start on or before 31 May 2025, and be for no longer than 9 months.

Horticulture, viticulture, and fishing crew work covered by other visas is excluded.

Applications from migrants must be received on or before 31 March 2025.

As an employer you will need to:

• hold employer accreditation
• pay at least NZD$29.66 per hour for a minimum of 30 hours per week.
• advertise the role beforehand and provide evidence of this to the migrant to include in their application.

Talk to us

Our team of expert immigration and employment lawyers have a great deal of experience helping employers and migrant workers navigate all aspects of the complex immigration process. We are here to help, contact us today on 03 5488349.

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.