Still a long road ahead for migrant workers

For the first time in over two years, New Zealanders and those with valid visas are eligible for self-isolation on arrival into New Zealand without facing extraordinary visa controls.

WORDS PROVIDED BY MARY NOONAN, MANAGING DIRECTOR, HEARTLAND IMMIGRATION

To many, this provided much joy, a huge relief and another Covid recovery step. However, New Zealand is not completely open and when this happens, it will not be as it was pre-Covid.

Visa barriers

Some people still can’t apply for a visa, let alone qualify for one, regardless of current health travel protocols. Those who rely on migrant staff, or who are migrant staff themselves, face two significant barriers. They must meet upcoming immigration rule changes, and then rely on New Zealand Immigration (INZ) to administer these new rules in a timely and consistent manner. Recent history with INZ is of delays, IT issues, sparse communication and inconsistent decision making. These challenges may remain for the foreseeable future and negatively impact our economy, given labour and skill shortages, sitting alongside the barriers of supply insecurity, freight disruptions and cost increases. Immigration rules changes

Not surprisingly the last two years have seen unique and consistent changes to immigration rules, logistical difficulties, and a generous one-off residence policy (2021 Residence Visa), while the upcoming implementation of the Accredited Employer Work Visa (AEWV) regime is a game changer. AEWV employer accreditation is another form of registration, designed as a three-step process to determine work visas based on job offers from New Zealand employers. Focus has been placed on greatly reducing lower paid work visas, with much attention given to protecting migrants. Every work visa employer must now demonstrate they have a genuine viable business and don’t mistreat migrants. These principles seem fair; however, it is offensive to infer that as an employer my default position is unfair or unreasonable. This is not who I am nor the employers I represent. Nevertheless, this has become our reality.

AEWV: A THREE STEP PROCESS 1. Employers must hold employer accreditation. 2. The job check with specific criteria to determine if New Zealanders are available. 3. The migrant check whereby a work visa application is made.

Employer Accreditation applications accepted from 23 May 2022

must be in place for work visa applicants lodged after 3 July 2022. The number of employees, and type of employment relationship, dictates the type of accreditation. Those who employ up to five migrants will require standard accreditation and INZ will charge a $740 application fee. Highvolume accreditation for those employing over five migrant workers will be charged $1,220, franchise holders $1,980, and third-party employment arrangements are set at $3,870. Each has its own set of criteria. INZ has just released 24 pages of INZ Instructions, however we have been preparing our employers for months, giving them a jump start on the required documentation and offering help if their practices or policies need updating. Job check application accepted from 20 June 2022

INZ will accept applications for the job checks, again required for AEWV work visa applicants submitted after 3 July 2022. While we know and live with labour and skill shortages, INZ won’t be easily convinced and therefore specific evidence for the various roles in the different locations is a must. Wage rate, industry, and locations matter. Be warned, in the future if your role is paid under the medium wage rate it may not be possible to gain a work visa.

4 July 2022

Employers of migrant staff and migrant staff themselves must meet new rules to gain a new or renew employer assisted work visas. The median wage will increase from NZD $27.00 an hour to NZD $27.76 an hour.

Act now

My advisers are encouraging our clients to review visa expiry dates and apply now for renewals of work visas and to prepare now for AEWV employer accreditation. It is best to seek professional help from a Licensed Immigration Adviser to review your unique situation. Remember there is never one immigration question, often more than one answer, and mistakes are costly. However, we are here to help. Disclaimer: Mary Noonan is Heartland Immigration Ltd’s Managing Director. Her views expressed in this article are not intended to replace the professional service provided to individual migrants by a Licensed or Registered Immigration Adviser or Migration Agent.