The last few weeks has seen a series of significant changes in the NZ immigration landscape. Relaxation of some of the rules for those seeking Accredited Employer Work Visas was announced just before Christmas. This week, the Prime Minister fronted an event to welcome a major overhaul of the Active Investor Residence scheme.

And there's more to come. There is a high-level wish to streamline the Skilled Migrant Residence programme and remove some roadblocks to eligibility. The Minister has signalled a 5-year Parent Visitor Visa which might help many families who must otherwise wait a long time to be selected to apply for Residence for their parents.

In our position as immigration legal specialists, and through my role as Chairman of the NZAMI this year, we have insight into what is coming, what the hurdles and risks are, and how to fix those that can be fixed. If you, or someone you know, needs specific and professional help with an NZ immigration issue, contact us to talk about it.

Simon Laurent

Principal

slaurent@laurentlaw.co.nz

The Active Investor Plus ("AIP") policy which opened in September 2022 has been a dismal failure. On 2 February the Government unveiled a new set of eligibility rules under 2 headings:

Growth Category: This is much like the existing, failed, AIP, except that people who want to invest in the less risky class of Managed Funds will only have to put up NZ$5 million instead of $7.5 million. The time during which they must maintain the investment has been reduced from 4 years to 3 years; and they are only expected to spend 21 days in NZ during that period - that is, a week per year.

Balanced Category: Applicants must invest NZ$10 million for 5 years. The big deal with this one is that most types of investment are now open to applicants, instead of the restricted set of assets allowed by current AIP settings. So long as it is "capable of making a commercial return", it should be acceptable. Basically, this is a return to the old Investor 1 option which attracted billions of dollars from overseas people, many of whom have since made their lives here as Residents and Citizens.

Another plus from the announcement is that investors no longer have to prove their English ability. In a Radio NZ article this week I responded to criticism of this move by pointing out that wealthy people who can afford to qualify do not need fluent English in the same way as others who come here to work for a NZ employer.

More detail about the investor scheme can be found in our blog on the topic.

Just before the summer holidays a set of changes to Accredited Employer Work Visas (AEWVs) was announced. A blog from last month is a good place to find out:

• Using the median wage as a substitute for saying that a job is skilled is to be replaced by considering whether the job on offer is paying the "market rate" for that type of work;
• For "lower skilled" jobs, employers will simply need to tick a declaration on a Job Check application that they have listed the job without success with WINZ. They will also no longer have to prove that they have given new workers time to complete educational Employee Modules. Hopefully this reduces the bureaucratic burden for everyone;
• Migrants on "lower skilled" jobs will only have to show 2 instead of 3 years' prior experience. They will also be able to get up to 3 years on a single Work Visa application instead of the current 2 years, although this depends on what time they have left on the maximum continuous stay that they are allowed on an AEWV;
• Most of those who have to go onto an Interim Visa while waiting for their AEWV decision will get the right to work for any employer in the meantime. At present, many of them end up as a visitor only. This is a real bonus because it allows a keen employer to get them working before the main Work Visa is issued.