Laurent Lore

Corporate Edition

March 2025

Good morning Simon,

After a set of announcements by the Government just before Christmas, changes to the rules around the Accredited Employer Work Visa (AEWV) scheme will come into effect on 10 March 2025.


The general intent behind all this is to cut down red tape for migrants and employers, and to simplify work being done by visa staff. These are both laudable aims, and probably everyone, on both sides of the desk, hope that they work.


We continue to solve the difficult situations for visa applicants and employers. Get in touch if you need professional help. The easiest way to schedule a meeting is through our website's online booking system, where you can arrange a video call or in-person consultation.


Simon Laurent

Principal

slaurent@laurentlaw.co.nz

Removal of Median Wage Requirement

Employers will no longer need to meet the median wage threshold when hiring migrant workers under these visa categories. Instead, the minimum wage (currently NZD$23.15 an hour, increasing to $23.50 an hour from 1 April) will apply, and workers must be paid the New Zealand market rate. 


Working out what the market rate is for a particular occupation in a particular part of the country has historically led to some dispute with Immigration New Zealand. Hopefully they will take a practical and evidence-based approach to this.


Sector Agreements for certain industries that previously allowed exemptions to the median wage will be removed. Sector Agreements which offer residence pathways will continue to do so, with no changes to the wage rate required to gain residence. With this reform, roles previously subject to Sector Agreement restrictions, such as caps or visa duration limits, will now be treated the same as other jobs of similar skill levels. Current AEWV holders must continue to receive pay as per their existing agreements. 


Work Experience, MSD Engagement, and Visa Duration

For low-skilled roles (ANZSCO levels 4 and 5) migrant workers will only need to show 2 years of past experience instead of 3 years. It is up to employers to ensure the candidate meets the 2-year threshold.


The requirement for employers to engage with the Ministry of Social Development (MSD) for low-skilled roles will now be declaration-based only. Employers will need to declare in good faith that they have advertised with MSD and interviewed candidates who may be suitable, and retain evidence of having done this in case they are asked to provide it.


The duration of AEWVs issued to low-skilled workers goes to 3 years, aligning with their maximum continuous stay. These adjustments are intended to give more flexibility for employers while ensuring that visa holders meet the necessary experience and hiring standards.

Higher ANZSCO skill levels, English language requirements

INZ is moving from using ANZSCO to the National Occupation List (NOL). Certain occupations will be reclassified as skill level 3 (instead of 4 or 5), which cuts down the burden of advertising and dealing with MSD. Roles affected include cooks, fitness instructors, nannies, scaffolders, and so on. For specific roles like excavator operators and forklift drivers, employers can designate them as skill level 3 if they require a qualification at level 4 (certificate) or 3 years of experience.


Migrants applying for an AEWV must meet a minimum standard of English if offered a job classified as ANZSCO skill level 4 or 5. From 10 March 2025, these requirements will no longer apply to jobs at skill level 4 that will be reclassified as skill level 3. This exemption applies even if the job check was approved before that date.


Job check applications submitted before the changes will follow current rules, though INZ may hold applications or grant exceptions if the new rules are more favourable.


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