How will New Zealand's new visa rules affect partners of migrant workers?

New Zealand has recently implemented revisions to the conditions for work visas of individuals wishing to accompany or visit their partners who hold an Accredited Employer Work Visa (AEWV) or an Essential Skills Work Visa (ESWV). These changes, effective from May 31, 2023, are part of the government's broader plan to rebalance the immigration system and foster a higher-productivity, higher-wage economy. It is important to note that these changes will not affect the work visas of current partners.

The revised conditions only apply to new applications and will not impact individuals who have already applied for a work visa or those who apply before the aforementioned date. The changes specifically target partners of AEWV and ESWV holders and do not extend to partners of individuals holding other work visas, such as the Post Study Work Visa.

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The Partner of a Worker Work Visa is a category of visa designed for applicants who wish to accompany or visit their partners who already hold or are applying for a Work Visa in New Zealand. This visa allows the partner to work in the country for the same duration as their partner's work visa, offering various benefits such as the ability to join their partner, work, and study for up to three months. Importantly, partners do not require a job offer to apply for this visa, and employers are not required to complete a job check.

Under the revised conditions effective from May 31, 2023, partners of migrant workers who apply for the Partner of a Worker Work Visa may face new work conditions, including the following:

1. They can only work for an Accredited Employer.
2. They cannot work in roles covered by capped sector agreements.
3. If working in a role not covered by a sector agreement, they must be paid at least the median wage in effect at the time of visa issuance or when receiving a job offer, whichever is later.
4. If working in a role covered by an uncapped sector agreement, they must be paid at least the relevant wage threshold. Additionally, they will not be subjected to a stand-down period.

However, there are exceptions for partners of highly-paid and Green List workers. Partners of AEWV or ESWV holders who are paid at least twice the median wage or are employed in a role on the Green List will remain eligible for a work visa allowing them to work in any occupation for any employer in New Zealand, without a median wage threshold. This exception also applies to migrants who did not initially meet these requirements but have since fulfilled them through a pay increase or inclusion of their role in the Green List. Proof of eligibility will be required as part of the Partner of a Worker Work Visa application or through a Variation of Conditions request.

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It is important to note that certain AEWV and ESWV holders may not be eligible to support their partner's work visa. AEWV holders who are covered by a sector agreement and are paid below the median wage, as well as ESWV holders paid below the median wage (or lower-skilled if the visa application was made before July 27, 2020), cannot support their partner's work visa. However, if they receive a pay rise that brings their earnings to at least the median wage, they may become eligible to support their partner's work visa. In such cases, there is no need to apply for a new work visa unless the individual wishes to have their eligibility for a longer work visa assessed based on the new salary. This is because partners typically receive a visa for the same duration as their supporting partner's work visa.