Tuesday 8 October 2019
After the employer has been accredited and the job check requirements are satisfied, a foreign worker will be able to apply for a visa subject to the worker check.
The worker check is to ensure that there are checks on the identity, health and character of the foreign worker. However, there will be fewer requirements for a foreign worker to provide evidence of the qualifications and experience where it is not relevant to the application or it has already been checked.
In any of the following situations, Immigration NZ will not need to assess the skills and experience of a worker:
Significantly, the temporary work visa will continue to be tied to an individual employer and location. However, where a foreign worker wishes to change employers, the rules will be streamlined to enable the worker to move between accredited employers.
Other Changes
Replacing Existing Skills band with Remuneration Threshold
The Government will remove the Australian and New Zealand Standard Classification for Occupations (ANZSCO) from the assessment of skill level for the new temporary work visa. Instead, jobs will be differentiated by their renumeration rather than their occupational skill level. As mentioned in Part 2, the median wage (i.e. currently $25/hour or $52,000 per year based on a 40-hour week) will be used to define higher pay or lower pay jobs. In any event, foreign workers must be paid at least the market rate for the job.
Increasing Remuneration Threshold for Work to Residence – Talent (Accredited Employer) Visa Category
There are changes applicable to the Work to Residency – Talent (Accredited Employer) visa category. Anyone interested in those should contact us to discuss.
Reinstated Ability for Lower Paid Workers to bring Family to New Zealand
A lower paid worker will be able to support their partner and children to come to New Zealand for the length of the visa. The foreign worker will need to continue to meet a minimum income threshold. The partner of the lower paid worker will only be granted a visitor’s visa unless they are able to obtain a work visa in their own right. Dependent children will be able to access primary and secondary education as domestic students. However, if they are tertiary students, they must be fee-paying international students.
12-Month Stand Down for Lower Paid Migrants
Lower paid foreign workers who have worked in New Zealand for 3 years will still be subject to a 12-month stand down where they must leave New Zealand. It remains the case that lower paid foreign workers will have no pathway to residency.
Teresa Chan
8 October 2019
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, ph. 477 1069, or email teresa@tchanlaw.co.nz
KEYWORDS: Worker Check, Change of Employers, 12 month Stand-down
