Lauren Qiu from specialist immigration law firm Stay Legal provides a detailed overview of the most recent announcement from the Minister of Immigration.

This includes the delay of the compulsory Employer Accreditation system and an update about the new streamlined Essential Skills Work Visa process for some migrant workers.

On 16 July 2021, the Minister of Immigration announced the following key changes:

• • The new proposed Accredited Employer Work Visa employer-led visa process (also known as the AEWV) will be delayed to mid-2022.
  • The duration of Essential Skills Work Visas paid below the median wage will be increased from 12 months to 24 months.
  • The removal of the requirement to provide Police, Medical, and/or Chest X-ray Certificates for migrant workers who are applying for Essential Skills Work Visas, if they have provided them before.
  • The introduction of a new streamlined Essential Skills Work Visa process for some migrant workers ‘staying in the same role’.

The New Accredited Employer Work Visa Delayed

On 16 July 2021, the Minister of Immigration announced that the new proposed Accredited Employer Work Visa employer-led visa process (which includes the new proposed compulsory Employer Accreditation system) will be delayed and will now be launched mid-2022. Originally, Immigration New Zealand was proposing to introduce the new Accredited Employer Work Visa on 1 November 2021.

Longer Essential Skills Work Visas For Migrant Workers ‘Paid Below The Median Wage’

Before 19 July 2021, migrant workers paid below the median wage would only be eligible for an Essential Skills Work Visa with a duration of up to 12 months. In accordance with the 16 July 2021 announcement, this has now increased to 24 months.

Requirement To Provide Police, Medical, and/or Chest X-ray Certificates Removed For Some Migrant Workers Applying For Essential Skills Work Visas

From 19 July 2021 onwards, if migrant workers applying for Essential Skills Work Visas have provided the following before, they no longer need to provide the following again in order for their applications to be lodged (this means to meet minimum requirements for the application to be accepted for processing by Immigration New Zealand):

• Medical Certificate and/or Chest X-ray Certificate if the migrant worker has provided these certificates with a previous visa application (even if it has been over 36 months); and
• Police Certificate(s) if the migrant worker has provided these certificates with a previous visa application (even if it has been over 24 months).

From 19 July 2021 until 29 August 2021, eligible migrant workers will need to apply for their Essential Skills Work Visa using the newly updated paper-based form (INZ1266) on Immigration New Zealand’s website if they want to waive the requirement to provide Police, Medical, and/or Chest X-ray certificates. From 30 August 2021, migrant workers will also be able to apply for this via Immigration New Zealand’s online platform.

It is important to note that Immigration Officers may still request for these documents if they choose to do so.

A New Streamlined Essential Skills Work Visa Process For Some Migrant Workers ‘Staying In the Same Role’

The new streamlined Essential Skills Work Visa process was introduced on 19 July 2021. This is a highly simplified work visa process available to some migrant workers.

Eligibility
Migrant workers ‘staying in the same role’ are now eligible to apply for their Essential Skills Work Visas under the new streamlined Essential Skills Work Visa process. ‘Staying in the same role’ means that a migrant worker must continue to work in the same role, the same region, and for the same employer as their existing current employment.

They must also remain in their current full-time (at least 30 hours per week) employment, and at the time of submitting their new streamlined Essential Skills Work Visa, they must hold:

• A work visa of any type; or
• A Student Visa with conditions allowing unlimited work rights (usually for a Master Degree or a PhD qualification); or
• A Critical Purpose Visitor Visa either granted on the basis that the migrant worker has a critical purpose for travel to New Zealand as a ‘Critical Healthcare Worker’, an ‘Other Critical Worker’ approved for a Critical Purpose Visitor Visa for over 6 months, or if the migrant worker falls under a ‘Class Exemption’.

What It Means For Eligible Migrant Workers & Their Employers
Eligible migrant workers ‘staying in the same role’ under the new streamlined Essential Skills Work Visa process do not have to include the following for their application to be lodged (this means to meet minimum requirements for the application to be accepted for processing by Immigration New Zealand):

• Medical Certificate and/or Chest X-ray Certificate if the migrant worker has provided these certificates with a previous visa application (even if it has been over 36 months);
• Police Certificate(s) if the migrant worker has provided these certificates with a previous visa application (even if it has been over 24 months);
• Evidence of their remuneration payment (such as Inland Revenue income summaries and bank statements);
  • A copy of their employment agreement;
  • Evidence of their qualifications, work experience, and/or occupational registration; and
• Labour Market Test evidence (advertising evidence to demonstrate that there are no suitable New Zealand Citizens or New Zealand Residents available to do the work) from their employer. This also means that a valid Skills Match Report prepared by Work and Income for roles paid below the median wage is also not required.

This not only applies to migrant workers ‘staying in the same role’ applying under the new streamlined Essential Skills Work Visa application process, but also applies to migrant workers who are ‘staying in the same role’ but have already applied for their Essential Skills Work Visa before 19 July 2021 and if their application has yet to be decided on by 19 July 2021.

Under the new streamlined Essential Skills Work Visa process for migrant workers ‘staying in the same role’, the employer is still required to:

• Complete INZ1113; and
• Confirm whether or not the worker requires occupational registration in New Zealand.

It is important to note that Immigration Officers may still request for documents if they choose to do so.

Application Process
From 19 July 2021 until 29 August 2021, eligible migrant workers ‘staying in the same role’ will need to apply for this using the newly updated paper-based form (INZ1266) on Immigration New Zealand’s website. From 30 August 2021, migrant workers will also be able to apply for this via Immigration New Zealand’s online platform.

Applicants who do not need their Police, Medical, and/or Chest X-ray certificates waived under the new announcement rules (because they are still valid) and are not eligible for the new streamlined Essential Skills Work Visa (for example, you are changing roles or are not currently working), can still apply for an Essential Skills Work Visa through the existing online work visa system.

Content supplied by Stay Legal. This is to provide general guidance only. It is correct at the date of this article (July 22, 2021) and is subject to further updates

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