Shorter stay for low skilled workers

The Accredited Employer Work Visa (AEWV) has been changed to prioritise higher skilled migrants and make sure there are no New Zealanders being overlooked in favour of workers from overseas 

One of the headline updates is the reduction in length of stay from five to two years (with the ability to apply for a third year with a Job Check) for workers in Australian New Zealand Standard Classification of Occupations (ANZSCO) level 4 and 5 occupations, which includes construction labourers.

“The total time you can stay in New Zealand (also called a maximum continuous stay) on one or more AEWVs is reduced to three years. When you get to the end of your maximum continuous stay you will need to leave New Zealand for a specified amount of time – normally 12 months – before you can apply for another AEWV,” says Immigration New Zealand (INZ).

Tougher rules

To be classified as an ANZSCO level 4, a labourer will require a NZQF Level 2 or 3 qualification, or at least one year of relevant experience. An ANZSCO level 5 labourer will require an NZQF Level 1 qualification, or compulsory secondary education.

“We [have been] flooded with a bunch of low-skilled migrants rather than people who will drive productivity,” said Immigration Minister Erica Stanford. “I’m faced with [changing] our settings to have a stringent labour market test, so jobs are genuine and we’re putting Kiwis first.” 

Employers must also lodge vacancies for ANZSCO level 4 and 5 occupations with Work and Income, plus advertise the job nationally
for 21 days – an increase on the previous requirement of 14 days. Before employing a migrant, an employer must also provide reasons why a suitable Kiwi can’t be found to do the job.

Additionally, employers must employ someone on an AEWV for at least 30 hours per week, and if this is not met, INZ can revoke employer accreditation. 

There is now a minimum English requirement for the AEWV, which can be met through an applicant’s citizenship, the location of their previous work and study or via an English test.

New rules impact current visa holders

The changes to the visa also effect those currently holding an AEWV. Employees who applied for their first AEWV before 21 June 2023 and are in an ANZSCO level 4 or 5 job paying above the required AEWV rate of $29.66, and hold a three-year AEWV, will no longer be able to access the maximum visa length of five years.

However, there are some jobs on the ANZSCO level 4 and 5 list which aren’t affected. They are:

• Green list jobs.
• Jobs earning 1.5 times the median wage.
• Jobs on a pathway to residence.

The Construction and Infrastructure Sector Agreement, which allows employers to pay less than the $29.66 median wage rate for some roles for a limited time, was due to include seven additional roles. However, these will no longer progress. The roles were:

• Driller’s assistant.
• Earthmoving labourer.
• Earthmoving plant operator (general).
• Linemarker.
• Machine operators (not elsewhere classified).
• Mechanic’s assistant.
• Road traffic controller.