New open work rights for partners of AEWV holders (effective 2 December 2024)
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Immigration New Zealand has announced updates regarding the work rights of partners of Accredited Employer Work Visa (AEWV) holders, effective from 2 December 2024. These changes are aimed at providing more opportunities for partners of migrant workers, but they come with specific requirements and conditions, which are depend on whether their partner’s role is high-skilled or low-skilled.
Holders of Current Work Visas as Partners of Accredited Employer Work Visa (AEWV) Holders
Those who have applied for work visas as partners of AEWV holders after May 2023 may have been granted work visas that restrict them to work for accredited employers only and must be paid at the ongoing median wage.
From 2 December 2024, partners of AEWV holders may apply for a Variation of Conditions (VOC) to gain open work rights. This means that the partner may work for any New Zealand employer, without the need to work at an accredited employer and be paid the ongoing median wage.
The partner must have:
- Been granted a work visa as a partner of an AEWV holder on or before 26 June 2024, or
- Had their application submitted on or before 26 June 2024, and
- The AEWV holder earns $25.29 per hour or higher, and
- The circumstances surrounding their partnership with the AEWV holder has not changed.
Partners Applying for Work Visas as Partners of AEWV holders
There are key conditions and restrictions based on the skill level of the AEWV holder:
Partners of AEWV holders working in ANZSCO Levels 1-3:
- The AEWV holder must be earning $25.29 per hour or higher
- The partner will be granted open work rights, allowing them to work for any New Zealand employer without the requirement to be paid the ongoing median wage.
Partners of AEWV holders working in ANZSCO Levels 4-5:
Will only be granted a work visa if the AEWV holder is:
- Paid at least $47.41 per hour for any role; or
- Paid at least $31.61 per hour in a role on the Green List and the work visa holder meets the applicable requirements (see Appendix 13); or
- In acceptable employment under the Transport Sector or Care Sector Work to Residence policies and paid at least $25.29 per hour (or the wage requirement specified in the sector agreement, whichever is higher), with the exception of the requirement to have completed 24 months of work in New Zealand in that occupation.
Implications for employers
These changes bring both opportunities and challenges for businesses employing migrant workers and their partners. Employers need to be aware of the following:
Workforce flexibility: The open work rights for partners of AEWV holders increase the pool of available workers, allowing businesses to fill skill shortages more easily.
Compliance obligations: Employers need to remain compliant with visa conditions, especially when employing partners of AEWV holders, as non-compliance could result in penalties or loss of accreditation.
Guidance for migrant workers and employers
For businesses and migrant workers impacted by these changes, it’s essential to take proactive steps to ensure compliance and make the most of the opportunities these new rules present:
Seek professional advice: Businesses should consult with immigration advisers or legal experts to understand the full implications of these changes and how they may affect workforce planning.
Review accreditation status: Ensure that your business remains accredited with Immigration New Zealand.
Monitor visa conditions: Migrant workers and their partners must stay informed of the specific visa conditions that apply to them, particularly in relation to the ANZSCO levels.
Need Assistance?
If you are an employer looking to hire partners of AEWV holders, or if you are a migrant worker needing support, VisaAide can help. Contact us for expert advice on how to navigate these changes and ensure full compliance with Immigration New Zealand regulations.