Changes to the Accredited Employer Work Visa (AEWV)
There are changes for both employees and employers that have been introduced as of 7th April 2024.
What is changing for employers:
The requirements employers must meet to hire migrants on the AEWV have changed. There are now more requirements at the accreditation and Job Check stages and during the accreditation period. There are also higher work experience and qualification requirements for AEWV applicants, a standard of English for people applying to work in roles assessed as ANZSCO skill level 4 and 5, and a shorter stay in New Zealand for those working in specific roles.
- Employer must ensure an applicant is suitably qualified and skilled
- Employers must now take reasonable steps to ensure migrants are suitably skilled before sending them a job token.
- Employers will need to check that the migrant has the skills they have identified as necessary for the job, as well as the new minimum skill requirement being introduced as part of these changes.
- These requirements must be met for all Job Check applications.
- Employers who are accredited or re-accredited from 7 April 2024 will need to take reasonable steps to ensure migrant workers meet skill requirements as part of their accreditation obligations.
- From 7 April 2024, new AEWVs will be issued with a condition requiring you to employ migrants for at least 30 hours per week.
- If you do not provide at least 30 hours a week’s employment, INZ can revoke your accreditation.
- Employers being actively investigated for any breach of accreditation may have their accreditation suspended. Previously, suspension was only an option for breaches of some accreditation requirements.
- Australian and New Zealand Standard Classification of Occupations (ANZSCO) skill levels are being introduced into the assessment of AEWV applications.
- There is now a definition of ‘suitable and available New Zealanders’.
- Employers will be required to declare that nobody who applied for the job met the definition. If an employer indicates that there were suitable New Zealanders available, the Job Check will be declined.
- Extra rules for ANZSCO level 4 and 5 jobs – Employers wanting to fill jobs at ANZSCO level 4 and 5 now need to:
- advertise for 21 days, rather than 14,
- engage with Work and Income [Employers must engage with Work and Income before making their Job Check application], and
- declare in the Job Check why any New Zealanders who applied were not hired.
- Tell Immigration New Zealand when a migrant leaves their job – A new accreditation requirement is being introduced for employers.
- If a worker on an AEWV leaves your employment a month or more before their visa expires, you must tell Immigration New Zealand (INZ) within 10 working days. If you fail to do this we may revoke or suspend your accreditation. This change will not apply to existing accredited employers until they renew or upgrade their accreditation.
What is changing for people with an AEWV:
If an employee currently is on an AEWV, these changes could affect how long they can stay before they need to spend time outside New Zealand or their eligibility to be granted a further AEWV.
- If an employee applied for their first AEWV before 21 June 2023 and are in an ANZSCO level 4 and 5 job paying at or above the required AEWV wage rate, and currently hold a three year AEWV, they will no longer be able to access the maximum time of five years.
If employees are in an ANZSCO level 4 and 5 job on a pathway to residence, they will not be affected by these changes.
- If employees apply for a further AEWV on or after 7 April 2024, they will have to meet the updated criteria. If employees are in an ANZSCO level 4 and 5 job, they may not be able to stay and work in New Zealand for the maximum time of five years.
- For new AEWV applicants There are now higher work experience and qualification requirements, a standard of English for people applying to work in roles assessed as ANZSCO skill level 4 and 5, and a shorter stay in New Zealand if employees are working in specific roles.
What do these changes mean?
Shorter visa lengths and maximum stays: For ANZSCO level 4 and 5 jobs paying at or above the required AEWV wage rate, the maximum visa length for an AEWV is reduced to 2 years, with the ability to apply for one more year with a new Job Check. The total time spent in New Zealand (also called a maximum continuous stay) on one or more AEWVs is reduced to 3 years. When employees get to the end of their maximum continuous stay, they will need to leave New Zealand for a specified amount of time — normally 12 months — before an employee can apply for another AEWV. These changes will apply to anyone who applied for their first AEWV on or after 7 April 2024 or before 21 June 2023. The length of an AEWV and maximum continuous stay for people in ANZSCO level 1 to 3 jobs will remain 5 years. Some ANZSCO level 4 and 5 jobs will not be affected by these changes, including those:
- on the Green List
- in transport and care sector agreements, and on a pathway to residence
- earning 1.5 times the median wage.
Requirements for new applicants: New AEWV applicants must have either three years or more of work experience or hold an NZQA assessed qualification at Level 4 or above, unless they earn double the median income, are on the Green List, or are eligible for the Work to Residence pathway.
- Evidence of qualification must be accompanied by an International Qualification Assessment (IQA) if it is below Bachelor’s degree level.
- To meet the work experience requirement, an employee must provide evidence proving they did the work — they cannot include documents that they themselves wrote.
English language requirements: Applicants in ANZSCO skill levels 4 and 5 must meet English language requirements with an IELTS score of 4 or a PTE score of 29, unless exempt from sitting a test.
Changes for employers: Employers recruiting for ANZSCO skill levels 4 and 5 occupations are now required to advertise positions for 21 days and liaise with Work and Income.
Changes to residency pathways:
- 9 occupations have been recently added to the Green List but other planned additions for Construction and Infrastructure Sector Agreement will not progress. [no roles added are part of the hospitality industry]
- The Work to Residence pathway for Bus and Truck Drivers is now closed to individuals who are not already working (or have applied to work) in a qualifying role.
- Migrant high school leavers awaiting the outcome of a family residence application will soon be granted work rights, effective around the middle of this year.
No Franchisee Accreditation:
- The Franchisee Accreditation category will be disestablished in late 2024. Franchise businesses will instead apply to bring in workers from overseas through the standard, high-volume, or triangular employment accreditation.