With Auckland as the host city for the 2021 America’s Cup event, the impact of the event has gathered mixed emotions and reports.
A recent article titled “Viaduct hospitality businesses call for re-think of immigration laws ahead of America’s Cup” was recently published on 27 March 2018 with some inaccuracies about the Essential Skills work visa requirements and, in working with Immigration New Zealand, we wanted to address the article with the corrections.
This article states that:
Many restaurants and bars are staffed by immigrants and seasonal workers. Under new immigration changes, migrants will now need to earn at least $49,000 to be eligible for a skilled worker visa – hospitality workers often earn less.
1. There is no such visa category as “skilled worker visa”.
There is the Skilled Migrant Category (residence class) visa, and Essential Skills work visa. It is believed that this article is referring to the latter.
2. Essential Skills policy does allow those earning less than $49,000 to apply for a work visa.
3. Those in higher skilled ANZSCO 1 to 3 occupations (including Chefs, Cooks, Café/Restaurant Managers amongst other hospitality-related occupations) who are earning 85% (or more) of the current median income level are entitled to Essential Skills work visas of up to 3 years in duration.
This amounts to earnings of approximately $43,000 per year (or $20.65 per hour). Those earning less than that are still entitled to apply for a work visa, however if they are approved will only be entitled to a work visa of maximum duration of 12 months. Further, they will only be able to apply for work visas on the basis of lower-skilled employment for 3 consecutive years before being required to serve a one year stand down period.
4. Those in lower skill ANZSCO 4 and 5 occupations (including Waiters, Bar Attendants, Baristas etc) are entitled to a maximum of a 12-month duration Essential Skills visa if their application is approved.
The same stand down rules apply as per the above.
In the situation described in this article, there would be nothing to prevent Viaduct Harbour businesses from applying for Essential Skills work visas covering the duration of the America’s Cup event.
Should you have any further questions, please contact us at 0800 737 827.