Significant Changes Coming to the Accredited Employer Work Visa (AEWV)

Introduction

In an effort to attract and retain skilled migrants, the New Zealand government is rolling out a series of strategic changes to the Accredited Employer Work Visa (AEWV), set to take effect from November 27, 2023. These changes aim to provide both workers and employers with greater certainty and flexibility, while also enhancing protections for migrant employees. In this article, we will delve into the upcoming alterations to the AEWV program and discuss their implications for aspiring immigrants and New Zealand employers.

Maximum Continuous Stay

One of the most noteworthy changes is the introduction of a maximum continuous stay for AEWV holders. Workers paid the median wage or higher can now stay for up to five years, after which they must secure a new visa or leave New Zealand for a continuous 12-month period before becoming eligible for another AEWV. Different sectors have varying maximum stay periods, and these changes provide both workers and employers with a clearer understanding of how long a migrant employee can remain in their role.

Longer AEWV for Care Workers

An important change benefiting the care workforce sector is the extension of the AEWV duration from two to three years. Even if these workers are paid less than the median wage under sector agreements, they will have the option for an extended AEWV starting from November 27, 2023.

Pathways to Residency

Migrants on a recognized pathway to residence will now be able to apply for an AEWV extension once they reach the maximum continuous stay, eliminating the need to leave the country for 12 months. Detailed information about recognized pathways to residence and AEWV holders' ability to reside lawfully in New Zealand will be made available by INZ closer to November.

Changes for Pre-Existing AEWV Holders

Workers who had an AEWV approved before November 27, 2023, and have a job or job offer paying at least the median wage at the time of applying for a new AEWV, can apply for the visa balance of five years. Employers can support their workers in this process, without the need for another Job Check if certain conditions are met.

The End of 90-Day Trial Period

Starting on October 29, 2023, the use of 90-day trial periods for migrant workers on AEWVs will be prohibited. While this change aims to promote the fair treatment of migrant workers and ensure genuine labor needs, it may discourage small to medium-sized businesses from hiring migrants. Employers are encouraged to seek expert advice on other compliant dismissal processes.

Increased Scrutiny on Accredited Employers

Recent developments have seen INZ place Accredited Employers under increased scrutiny, resulting in suspensions and revocations of accreditations. The policy change emphasizes that accredited employers cannot pass on recruitment and employment costs to migrant workers, covering both visa applicants and holders.

Triangular Employers

Triangular employment arrangements, especially in the construction sector, are subject to tighter controls. Triangular employers will need to demonstrate financial viability upfront, and the New Zealand workforce threshold for construction workers is set to increase from 15% to 35%. The exact date for these changes is pending.

Governance and Compliance

Given the heightened scrutiny of employers, directors, and senior managers by INZ, it's advisable for businesses to implement higher standards of governance and compliance risk oversight related to immigration and employment. Aspiring Immigration Services with expertise in immigration and experience employment law, is well-equipped to assist businesses in navigating these changes.

Conclusion

The upcoming changes to the Accredited Employer Work Visa represent a significant shift in New Zealand's immigration policy. These modifications aim to provide clarity, fairness, and protections for both migrant workers and their employers. Understanding these changes and ensuring compliance with the new regulations will be crucial for all stakeholders involved in the AEWV program. For expert guidance on navigating these changes, contact Aspiring Immigration Services, your trusted adviser in immigration and visa matters.