Accredited Employer Work Visa - Green List Occupation

Wednesday 17 August 2022

Immigration NZ introduced a list of occupation (Green List) with priority pathways to residency. The occupations in the Green List are determined to be hard-to-fill roles and are therefore high in demand in New Zealand. The aim of the Green List is to make it easier for employers to hire skilled non-resident workers under the Accredited Employer Work Visa (AEWV) scheme.

Depending on where you are applying from, the application fee and immigration levy will be between NZD $4,020 and NZD $4,890.

There are 3 forms of pathway to residency for AEWV holders working in a Green List occupation. These are -

1. Tier 1: Straight to Residence Visa
2. Tier 2: Work to Residence Visa
3. Highly Paid Residence Visa

Eligibility requirement for all applicants

In addition to meeting the specific residence requirements discussed further below, all workers must meet the following generic residence requirements. You must -

• be aged 55 or younger;
• meet English language requirements;
• meet health and character requirements for residence applications; and
• be working for an accredited employer at the time you submit an application for residence.

Straight to Residence Visa (Tier 1)

To be eligible to apply under this category, you must hold employment which meets the specified occupational requirements under Tier 1 of the Green List. Tier 1 occupations include roles in the construction, engineering, health and social services, primary industries and science, ICT, electronics and telecommunications sectors. Check the Tier 1 occupations to confirm if your job qualifies.[1]

The employment must be full-time, genuine and permanent (or at least 12-month fixed term).

Independent contractors may be eligible if your contract for service is for at least 6 months. If the occupation under Tier 1 of the Green List has a wage threshold requirement, then you must

1. have 10 years of relevant experience; and
2. meet a higher wage threshold. This is at 50% more than what is required of an applicant who is not an independent contractor.

If you meet occupational requirements under Tier 1 of the Green List then you can apply for residence from offshore from 5 September 2022.

Work to Residence Visa (Tier 2)

Tier 2 occupations include roles in the health, social services, trade and agricultural industries. Check the Tier 2 occupations on the Green List to confirm if your job qualifies.[2] Similar to Tier 1, the employment must be full-time, genuine and permanent (or at least 12-month fixed term). To be eligible for this residence visa you must:

1. have an offer of employment for an occupation under Tier 2 of the Green List;
2. meet the specified requirements of the occupation under Tier 2 of the Green List; and
3. have worked for 24 months in the employment.

You can apply for this visa from September 2023.

Assessment of Qualifications under Tier 1 and Tier 2

To qualify under Tier 1 or 2, the worker must hold a job offer which matches with the requirements under the Green List. It is important to note this is not a job title matching exercise. The qualification requirements under the Green List are based on the NZ Qualifications Framework (NZQF).

The worker must either hold a qualification that is exempt from assessment or have an overseas qualification assessed by the NZ Qualifications Authority. The worker must submit evidence to demonstrate an overseas qualification meets the comparable NZ qualification for the specific occupation under Tier 1 or 2. Similarly if occupation registration is required as part of the requirements under Tier 1 or 2, then you must provide evidence of registration.

As an example, if you hold an undergraduate degree in Engineering accredited under the Washington or Sydney Accord, then the date you were awarded the degree must be from or after the date the country became a signatory of either the Washington or Sydney Accord. Because the qualifications are narrowly defined, it pays to seek advice if you are unclear about NZQF rules. We can assist you in this.

Highly Paid Residence Visa

To be eligible for this residence visa your employer must be accredited when you apply for this visa and you must have:

1. employment or an offer of employment in a role paid at least twice the median wage ($55.52 an hour); and
2. been working for 24 months in New Zealand in a role paid at least twice the median wage.

You can apply for this visa from September 2023.

Acceptable Work

You can combine the period of acceptable work for occupations under Tier 2. For example, if you change your employment from a Registered Nurse for Child and Family Health to a Registered Nurse for Community Health, then the period for when you were employed in these two roles can be combined to meet the 24-months-requirement so long as you meet the other Tier 2 requirements for those jobs. The same applies to jobs that are paid twice the median wage.

There can be small breaks between your employment but you must show you have worked for 24 months in the last 30 months leading up to your visa application. Acceptable work in New Zealand can be accrued from 29 September 2021.

Acceptable work in New Zealand can be counted towards Work to Residence Visa (Tier 2) and Highly Paid Residence Visa while

1. You hold or held an Accredited Employer Work Visa (AEWV)
2. You hold another work visa or a Critical Purpose Visitor Visa (with work conditions) that was held or applied before 4 July 2022

How can we help?

If you are an employer, talk to us before you prepare the employment agreement of an overseas worker you would like to recruit or retain. We can check whether their occupation is on the Green List, and make sure their job description meets the Green List requirements as well as the job check requirements. We can also consider other residence pathways if required.

If you are a non-resident worker, we can advise you on the specific occupational requirements under Tier 1 and 2 of the Green List, and consider whether there are other pathways to residence.

If you work in a Tier 2 occupation but was in another Tier 2 occupation previously, come and talk to us. The periods of your work may be able to be combined to be counted towards the 24-month requirement for residence. Similarly, if you have had breaks in your employment, or have held other work visas since 29 September 2021, talk to us to determine if and how your working hours will count towards the 24-month requirement for residence.

This article is for general use only. Advice should be sought for specific circumstances. Please consult Teresa Chan at Teresa Chan Law Limited, Level 3, Westpac Building, 106 George Street, Dunedin 9016, 03-4771069, or email teresa@tchanlaw.co.nz