Following recommendations from the recent Bestwick Review, the Government has announced a suite of changes to the Accredited Employer Worker Visa (AEWV) scheme, which came into effect on 7 April 2024. These changes are aimed at reducing migrant vulnerability to exploitation as well as continuing to attract highly skilled migrants into areas with skills shortages in Aotearoa New Zealand.
Immigration Minister Erica Stanford noted that many of the changes
to the AEWV scheme are not actually new, but rather a "return
to pre-pandemic settings that better balanced the needs of
businesses with the wider interests of New Zealand". These
changes include:
- creating a minimum skills and work experience threshold for most AEWV roles – this means that unless a role is on the Green List and meets the Green List role requirements, or is paid at least twice the median wage, employees must have at least 3 years' relevant work experience or a relevant qualification at level 4 or above of the New Zealand Qualifications and Credentials Framework;
- introducing a minimum standard of English requirement for migrants applying for ANZSCO level 4 and 5 roles. This is to ensure that workers can better understand their rights and raise concerns with their employer;
- reducing the maximum visa length for ANZSCO level 4 and 5 roles (paying at or above the required AEWV rate) to 2 years, with the ability to apply for one more year with a new job check. The total time that workers can stay in New Zealand (maximum continuous stay) has reduced from 5 years to 3 years. The length of an AEWV and maximum continuous stay for people in ANZSCO level 1 to 3 jobs will remain 5 years;
- requiring employers to take reasonable steps to ensure migrants are suitably skilled before sending them a job offer. Employers will need to check that the migrant has the skills they have identified as necessary for the job, as well as the new minimum skill requirement being introduced as part of these changes. Accurate records of the steps taken should also be kept;
- issuing new AEWVs from 7 April 2024 with a condition requiring migrants to be employed for a minimum of 30 hours per week;
- expanding the grounds for suspending accreditation so that employers being actively investigated for any breach of accreditation may have their accreditation suspended;
- introducing ANZSCO skill levels into the assessment of AEWV applications;
- creating a definition of 'suitable and available New Zealanders'. Employers will be required to declare that nobody who applied for the job met that definition, otherwise the job check will be declined;
- requiring that employers seek approval from Work and Income for ANZSCO level 4 and 5 roles before they apply for a job check. This is to ensure that New Zealanders, who are suitable and available, will be prioritised for these roles. The advertising requirements for level 4 and 5 roles has also increased from 14 days to 21 days;
- requiring employers to tell Immigration New Zealand (within 10 working days) if a worker on AEWV leaves employment a month or more before their visa expires. This change will not apply to existing accredited employers until they renew or upgrade their accreditation; and
- disestablishing the franchisee accreditation category later in 2024 (meaning that this category of businesses will have to bring in migrant workers via the standard, high-volume, or triangular employment accreditation, depending on their circumstances).
The Government has also confirmed that it does not intend to progress previous plans to add 11 roles to the Green List, including welders, fitters and turners. It has also stated that the Work to Residence pathway for bus and truck drivers is closing to new applicants, as the driver shortages reported when this was established have been filled.
If you have any questions about the impact of any of the AEWV changes, please contact our specialist Employment Team.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
