Tag Archives: work visa

How to get a New Zealand work visa

­­­­­­­­­How to get a New Zealand Work VisaIf you’re a skilled migrant applying for a New Zealand work visa, you may feel like the process is a job in itself. Navigating all of the visa requirements, conditions, documentation, evidence, categories, and costs can seem a daunting task.

We’ve made this checklist for you as an overview of the process of applying for a skilled migrant visa. However, we recommend you seek assistance from a licensed immigration practitioner when preparing your visa application form.

You can apply for a temporary working visa in New Zealand if you:

  • Have a job offer from a New Zealand employer
  • Are coming for a specific work-related purpose or event
  • Have a partner already in New Zealand, and you want to join them and work
  • Want to get on a working holiday (if you’re between 18 and 30), or
  • Have completed higher level qualifications in New Zealand and want to work.

Visas that lead to permanent residence include the accredited employer, long-term skill shortage, entrepreneur work, Pacific access category, and religious worker visas. All visas are available for people who are 55 years old or younger.

If you want to apply for a work visa you will have to provide either evidence of a current full-time job or a job offer and be registered if your profession demands it. You can do this here.

Before you apply

  1. Make sure your job meets the minimum wage and salary threshold. These thresholds were changed in November 2018, so make sure you check our comprehensive list of the changes here.
  2. Check the ANZSCO code and skill level of the job; and check if the job is on a shortage list.
  3. Gather the employer’s documentation including the fully signed contract, you may also need the employer to show evidence that the job was advertised to the local market and could not be filled by an adequate candidate depending on whether Shortage List requirements are met.
  4. Have proof of your identity (with a valid passport and a photo of a yourself taken within the last six months) and good character (with police certificates from countries you’ve lived in for more than five years since you turned 17). You may also need to provide information about your health, by getting medical certificates or a chest x-ray from a doctor approved by Immigration New Zealand (INZ). All documents not in English, should be translated to English by a professional translator. An immigration adviser and/or immigration lawyer can help you navigate the process. If you are not sure who to ask, read our article Immigration adviser vs immigration lawyer – whose help do you need?
  5. Set up a New Zealand Government RealMe account to upload your digital documents for the online application.

Submitting the visa application

  1. Give your application the best chance of success by getting it checked by a licensed practitioner. Our 90-minute clinic (with immigration lawyer Aaron Martin) is the best way to ensure your New Zealand work visa application is approved.
  2. Submit your paper resident application within six months on the form provided by INZ. Fees and processing times will depend on your location and nationality. You can send your application by post or courier.
  3. If necessary, INZ may ask you for more information to grant you a fair chance to obtain your New Zealand work visa. INZ will let you know about your visa status as soon as it’s decided.

After getting the visa

  1. Once you have your work visa, apply for a tax record number, which you can do through the IRD. You’ll have to give this number to your employer once you have it and use it for all your tax matters.
  2. Be aware of your rights as an employee. Check out our article for all you need to know about migrant worker rights in New Zealand.

Once you have all of the above sorted, you will be well on your way to living and working as a skilled migrant in New Zealand.

The application process for a skilled migrant work visa is very expensive. To ensure the best chance of success we recommend you seek professional advice. Our 90-minute Immigration Clinic appointment is an excellent resource that is designed to help make sure you have all you need to succeed in your application. With over 22 years of experience as an immigration lawyer, Aaron can quickly check your application and let you know if you meet the requirements and have all the appropriate documentation. This can save you thousands of dollars.

Find out more about our 90-minute Immigration Clinic here.

If you’d like help with your skilled migrant visa application, or have any other queries, you can contact the office here.

 

Employer-assisted work visa changes proposed by Government

At the end of last year, the Government released a consultation paper for changes to the employer-assisted work visa. This is the class of work visa issued when the applicant has an offer of employment and the employer proves they cannot find a local to do the job. 

These changes will make it more complicated for an employer to recruit a skilled migrant if they don’t understand the new requirements. Employers in Hospitality, construction and IT services need to prepare themselves now, if they plan to recruit from the skilled migrant pool in the next 24 months.

Changes aim to create an employer-led simplified work visa system. Currently there are six work visa categories: essential skills, approval in principle, talent (accredited employer), work to residence – long term skill shortage list, and Silver Fern visas. The new framework will replace this multitude of application types, rules, and processes with a single pathway.

Conceptually the proposal amalgamates and transforms elements of the original six categories such as visa approval in principle, accredited employer processes, and labour market testing requirements.

Under the new proposals, no labour market testing would be needed for jobs that meet a higher pay threshold. This is similar to the current system of work-to-residence visas issued on the basis of an applicant having a job with accredited employers.

Labour market tests also would not be required for higher-skilled roles that are on regional skill shortage lists. As part of the proposals, new regional lists will be released in mid 2019. These are intended to be better tailored to the needs of the regions than is currently the case.

The new framework has three key parts:
1. The employer check

Employers who want to recruit staff from overseas will have to gain accreditation with Immigration New Zealand (INZ).

The accreditation process pre-clears an employer in terms of satisfying INZ that the employer:

  • is compliant with labour laws
  • has high-practice HR processes and policies and is financially stable to offer employment
  • has a commitment to increasing worker benefits/pay.

Employers will need to present evidence of financial performance, have a commitment to training and up-skilling, and show they put upward pressure on wages and conditions.

The type of accreditation will depend on the needs of the employer. The “standard” accreditation will last for 12 months and is intended for employers who wish to hire expatriate workers without offering a pathway to residence. The “premium” accreditation is for those who wish to offer a pathway to residence through employment with the company.

Obtaining accreditation (of whatever type) will be mandatory for all employers. Those who employ six or more expatriate workers within a 12-month period will be made to seek “premium” accreditation. For employers who employ five or fewer expat workers in a 12-month period, “premium” accreditation will be voluntarily.

2. The job check

This is the labour market test stage of the work visa process. Labour market tests will not be required for jobs above a certain wage threshold or on a regional skill shortage list.

All other roles will undergo labour market testing, where the employer will have to satisfy INZ they have made genuine attempts to recruit locally. But the proposal to increase the wage for the work-to-residence pathway for “premium” accredited employers to $78,000 or $37.50 per hour does seem high.

Given the restrictive nature of the requirements currently in force for the skilled migrant residence visa, the Government will need to ensure it does not create a “hole” whereby valuable workers cannot transition over to residence from work because of pay rate alone.

Employers will need to demonstrate they have training systems to achieve knowledge transfer from migrant workers to local staff and also show there are systems in place to avoid their business becoming dependent on migrant workers.

The expectations of bureaucracies can often be at odds with the reality of private-sector business in this area.

3. The migrant check

This is the actual visa application.

There is a suggestion that capability checks (the assessment of whether the visa applicant is suitably qualified to perform the job) should be undertaken by the employer. My intuitive response is that this is unlikely to happen, given concern within INZ about the potential for abuse.

INZ needs to understand that except for situations where there is abuse and collusion to commit a fraud in the border control area, businesses only hire people they believe can do the work and after they have conducted appropriate checks to ensure that is the case.

Of course, these checks may still result in mistakes being made and an employer hiring someone who has oversold their ability. But the 90-day trial under current employment law and the facilitation of visitor visas to those who are dismissed within that 90 days protects the integrity of the system in these cases.

A warning to employers to become accredited before it is too late.

If accreditation is mandatory, there will be a significant influx of applications into INZ. Businesses will want their applications processed quickly so they can recruit the talent they need in their organisation.

But INZ has had a large budgetary shortfall and is unable to process its current applications quickly due to high volumes. It does not have the resources to deal with more work.

This change represents a resource issue that will need to be addressed to make the process workable for employers, especially if the Government wants this process to be “employer-led”.

I advise any employer who knows that they will be recruiting skilled migrants to apply to become accredited now under the existing system and avoid the backlog at INZ that will come once the new visa criteria and processes are in place.

If you’d like to read more of Aaron’s thoughts on the Employer Assisted Work Visa, check out our previous blog: Employer assisted visas: addressing the unwritten trade-off…

If you’d like to discuss any of your immigration or visa concerns, get in touch with us here.

Increase in work visa thresholds will only add to skilled labour crisis

New Zealand Work Visa

The skilled-labour crisis is about to get worse, thanks to increases in minimum wage rates for skilled migrant workers.

The Government-imposed increase in wage and salary thresholds will come into effect from November 26, for both the Essential Skills Work Visa and the Skilled Migrant Residence Visa.

This increase has major implications for both migrants and employers. The inflation is based on new calculations of the “average” wage rate in relation to an increase in the cost of living, demonstrating the insanity of pay rate being a proxy for skill.

In a free labour market, supply and demand are supposed to determine wage/salary rates. But in the labour market for migrant workers, the Government is directly influencing wages under the guise of pay being a proxy for skill level.

The metric is artificial and arbitrary. It’s designed to make things easier for bureaucrats to manage but has become an overly complex system with unintended and major consequences for migrant employees and employers alike.

Implications for employers:

The new thresholds will increase pressure on staffing costs for employers in the healthcare, trade, and hospitality sectors if they wish to keep migrants whose wage/salary sits below these thresholds.

Recently some healthcare workers managed to get a pay increase to $24.65 – partly based on the pay parity case brought by care worker Kristine Bartlett. This put some migrants in the healthcare sector within reach of residence.

The threshold increases mean this residence is no longer a realistic reality. This could mean a loss of valuable human resources for employers as these workers either give up, move into other sectors, or leave the country, tired of being stuck on what seems like an endless round of work visas with no end in sight.

These issues will also impact employers in the hospitality sector. Pathways to residence for occupations in this sector that are more junior will now prove more difficult. A survey of wage rates nationally showed they varied considerably across the regions, but on average a senior chef de partie earned about $45,000, well below the cut-off level. If these valuable employees have no potential to attain residence, we will lose them.

The new thresholds will also introduce difficult pay parity issues for employers. The new wage rates that migrants require as dictated by Government policy are out of kilter with market increases across the board. Employers will not be able to simply pay migrants the extra required without also raising the wages of their local workers. How could they justify this to the local staff? Any pay disparity will engender a level of upward wage pressure for everyone. Many employers are not in a position to be able to raise wages across the board.

Implications for migrants: 

Work Visa

Immigration New Zealand uses pay rates as part of the process of determining the skill level of a job. This determines the length of visa allocated and has flow-on impact for a migrant’s ability to bring family into New Zealand under this category.

Under the new rules:

  • For skill level 1-3 occupations you will need a pay rate of $21.25 to get a three-year work visa (up from $20.65)

  • For skill level 4 and 5 occupations you will need an hourly rate of $37.50 to secure a three-year visa (up from $36.44).

For example, a chef paid $21 an hour would currently be considered mid-skilled, and get a three-year visa. If the same person applies after 26 November, they will be considered low-skilled, and only get a one-year visa.

Residence

For residence purposes, the pay rates you need to have a job classified as skilled will increase from 26 November. If you are not being paid at least $25 for a ANZSCO skill level 1-3 role, the job won’t be considered skilled for visa purposes. The skilled remuneration threshold for ANZSCO skill level 4 and 5 occupations has also increased to $37.50 per hour. So, the minimum required salary threshold will be $52,000.

What will this mean in practice? Under the current rules, a person in a skill level 3 job (which includes many trades) who is paid, say, $24.50 per hour is regarded as in skilled employment and has a chance at residence. After 26 November, they will no longer be regarded as being in skilled employment and will lose that opportunity.

In addition, under the new rules, to get bonus points for an occupation with “high remuneration” you will need an hourly rate of $50.

 Macro considerations

How do you explain to a person that when they go to bed they are regarded as in skilled employment and eligible for residence, but when they wake up the job is not regarded as skilled employment?

How do you explain to somebody that when they go to bed they are eligible for a three-year work visa because their job is regarded as mid-skilled, but when they wake up they are only eligible for a one-year work visa because now their job is regarded as low-skilled?

Furthermore, how do you explain to employers that their staff will need a pay rise if you want to keep them?

In a time where employers are crying out for skilled migrants, these changes are an arbitrary and illogical hurdle against solving our skilled worker shortage. The changes also clearly demonstrate the lack of deep-thinking around implications of arbitrary measures of “scoring eligibility” used by Immigration New Zealand.

To see the full schedule of changes, click here. 

If you’re wondering how this will affect your current Employer Assisted Work Visa, contact NZIL

Work visa wage rate increase

 

Information about the increased wage threshold for NZ visas coming into effect Nov 26 2018

The Government-imposed increase in wage and salary thresholds will come into effect from November 26, for both the Essential Skills Work Visa and the Skilled Migrant Residence Visa.

This increase has major implications for both migrants and employers. The inflation is based on new calculations of the “average” wage rate in relation to an increase in the cost of living.

Here is the overview of the rate changes for each visa category affected:

Hourly rates from 26 November 2018

From 26 November 2018, we are making changes to what an applicant in the Skilled Migrant Category must earn.

Threshold Between 15 January 2018 and 25 November 2018 From 26 November 2018
Threshold for skilled employment in an occupation at ANZSCO 1-3 $24.29 per hour or above (or the equivalent annual salary) $25.00 per hour or above (or the equivalent annual salary)
Threshold for skilled employment in an occupation at ANZSCO 4-5, or which is not included in ANZSCO $36.44 per hour or above (or the equivalent annual salary) $37.50 per hour or above (or the equivalent annual salary)
Threshold to earn bonus points $48.58 per hour or above (or the equivalent annual salary) $50.00 per hour or above (or the equivalent annual salary)

 

After 26 November 2018, we are making changes to what an applicant in the Essential Skills work visa category must earn.

Threshold Between 15 January 2018 and 25 November 2018 From 26 November 2018
Threshold for mid-skilled employment in an occupation at ANZSCO 1-3 $20.65 per hour or above (or the equivalent annual salary) $21.25 per hour or above (or the equivalent annual salary)
Threshold for higher skilled employment in any occupation (including those at ANZSCO 4-5) $36.44 per hour or above (or the equivalent annual salary) $37.50 per hour or above (or the equivalent annual salary)

 

FAQs:

What if I am a current Essential Skills work visa holder and my job does not meet the new threshold? What if I’m an employer and one of my staff hold a current visa but their wage does not meet the new threshold?

Ans: Visas that people already hold will not be affected. Changes to the income thresholds will not affect the duration or conditions of visas that have already been granted.

If you apply for, or have applied for, an Essential Skills work visa and your application was received by INZ before 26 November 2018, the old thresholds will be used to assess your application and determine your visa application. Only new applications made on or after 26 November 2018 will be assessed against the new threshold.

This may mean the conditions or visa duration of the next visa could be different. For example, a chef paid $21 an hour would currently be considered mid-skilled, as the occupation is ANZSCO level 2 and the pay is above the existing threshold of $20.65. However, if they applied for a further visa after 26 November, they would be considered low skilled, unless their pay increased to above the new threshold of $21.25.

If I am an employer who has already advertised and prepared to support an Essential Skills work visa, but the person cannot get his application in before 26 November 2018, what happens then?

Ans: If an application is received and accepted after 26 November 2018, the new thresholds will apply, even if, for example, the employment agreement has been signed prior to 26 November 2018.

What happens if I was invited to apply for the Skilled Migrant Category under the old thresholds?

Ans: We will assess your application against the thresholds in place on the date your expression of interest (EOI) was selected from the Pool, if that selection results in an invitation to apply. For example, if your EOI was selected on 21 November and you were invited to apply before 30 November, the old remuneration thresholds will apply, even though you weren’t invited to apply until after the new thresholds were introduced.

If you are concerned about your visa status based on these changes, get in touch with our team here.