Immigration New Zealand (INZ) have released:

  • a new policy that will allow an Accredited Employer Work Visa (AEWV) to be varied;
  • an updated policy to allow an Essential Skills work visa (ESWV) to be varied; and
  • an update, delaying changes to the eligibility of Partnership work visas supported by AEWV holders.

The AEWV and ESWV variation of condition policy changes are effective from 5 December 2022.

Varying an Accredited Employer Work Visa

A Job Change application can be used to vary the employer, occupation and location condition on an AEWV. A single condition or a combination of conditions on a AEWV can be varied. A Job Change application can be submitted via the form here. AEWVs can only be varied to allow holders to work for an accredited employer.

The requirements for a Job Change application are as follows:

  1. A valid approved Job Check token is available that matches the parameters of the new employment. For example, if a AEWV holder needs to vary the employer and location condition on their AEWV, a Job Check token will need to be available for the new employer, in the same role and in a new location.
  2. If the role/occupation condition on an AEWV is being varied, evidence will need to be provided to confirm that a the AEWV holder is able to meet suitably qualified requirements set in the Job Check application that generated the token used for the Job Change application.
  3. A copy of the new employment agreement and job description.
  4. A copy of the AEWV holder's passport.
  5. A completed online form.

AEWVs that are being varied to work in roles that pay below median rate (in effect when a Job Change application is submitted) will only be granted for roles that have exemptions. The validity of the varied visa will be equal to or less than the maximum duration allowed for under renumeration exemption policy. In additional, a Job Change for a role that has a renumeration exemption will not exceed the period allowed for under renumeration exemption policy.

Essential Skills Work Visas

An ESWV can be varied if a new labour market test is completed unless:

  1. The occupation is on the Essential Skills in Demand list and associated requirements are met; or
  2. The occupation is on the Green List and associated requirements are met; or
  3. The ESWV holder will be paid twice the median wage rate.

Significant changes within this policy are that variations will be granted:

  1. When an ESWV holder is paid below median wage. Previously variations were only allowed for employment that pays over the current median wage rate; and
  2. When an ESWV holder wishes to vary the employer, occupation and location condition on their ESWV or a combination of these conditions. Previously, ESWV holders had to meet additional requirements to vary the occupation or location on an ESWV.

The requirements for a Job Change application are as follows:

  1. A completed INZ1113 if the employer is not accredited;
  2. Evidence that the labour market has been tested.
  3. A copy of the new employment agreement and job description.
  4. A copy of the ESWV holder's passport.
  5. A completed online form

Delay of changes to the eligibility of Partnership work visa supported by AEWV holders

The Minister of Immigration has announced that proposed changes to the ability of AEWV holders to support partners for Partnership work visas has been delayed until April 2023. Initially it was proposed that from December 2022, AEWV holders would only be able to support a partner for a Partnership work visa if they earned twice the median income or met Green List requirements. These changes have been delayed.

Our thoughts

There continues to be a lot of change in the immigration space. The current changes are timely and will assist with variations that may be required to accommodate for promotions and other role changes. The delay of the changes to the partner work visa scheme is a welcome move and will provide certainty and flexibility for migrant families around their ability to work and live in New Zealand.

All information in this update is current as at 5 December 2022.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.