Immigration Alert - Key Changes to Accredited Employer Work Visa (AEWV) Scheme

Effective Date: 26 June 2024

The New Zealand Government has announced significant changes to the Accredited Employer Work Visa (AEWV) scheme, specifically affecting visa support for partners and dependent children of visa holders. These modifications reflect a broader shift in immigration policy aimed at streamlining the visa process and ensuring alignment with previous visa settings.

Key Changes:

• Effective immediately, AEWV holders in roles classified at Australian and New Zealand Standard Classification of Occupations (ANZSCO) levels 4 and 5, who do not have a residency pathway, will no longer be able to support work, visitor, or student visa applications for their partners and dependent children.

• Partners and dependent children can still apply for their own visas, such as an Accredited Employer Work Visa or an international student visa, provided they meet the respective requirements.

• Individuals who already hold visas as a partner or dependent child will not be affected by this change.

• AEWV holders working in ANZSCO levels 4 and 5 roles with a residency pathway (such as those on the Green List or sector agreements with residence pathways) or those earning at least 1.5 times the median wage threshold for the Skilled Migrant Category are not impacted.

• Applications for partners or dependent children that are currently in progress will be assessed based on the requirements in place at the time of their application.

These adjustments align with the broader suite of changes to the AEWV scheme implemented earlier this year, returning the settings to those similar to the previous Essential Skills Work Visa. This policy shift aims to ensure that the visa system remains robust and reflects the current labour market needs.

The recent changes to the AEWV scheme indicate a strategic move by the New Zealand Government to tighten immigration policies and ensure that the visa system aligns with the country’s economic and social objectives. By restricting visa support for partners and dependent children of AEWV holders in lower-skilled roles (ANZSCO levels 4 and 5) without a residency pathway, the government aims to:

1. Prioritise High-Skilled Migration: The policy emphasizes attracting and retaining high-skilled workers who can contribute significantly to the economy and are more likely to qualify for residency.

2. Ensure Compliance and Streamlining: By aligning with the previous Essential Skills Work Visa settings, the government seeks to create a more streamlined and coherent immigration framework that is easier to manage and enforce.

3. Address Labor Market Needs: These changes reflect an attempt to better match immigration policies with the needs of the labour market, ensuring that only those roles that are in genuine demand and have a clear pathway to residency are supported.

For partners and dependent children of AEWV holders, this means a shift towards greater self-sufficiency in obtaining visas, encouraging them to meet the requirements independently rather than relying on the principal visa holder.

Potential Problems Created by These Changes:

1. Family Separation: One of the most significant issues is the potential for family separation. Without the ability to support partner or dependent visas, families may face prolonged periods apart, causing emotional and psychological stress.

2. Increased Financial Burden: Partners and dependent children now need to apply for their own visas, which can be costly and require meeting separate eligibility criteria. This can impose a significant financial burden on families who might already be stretched.

3. Reduced Attractiveness for Workers: New Zealand may become a less attractive destination for workers if they cannot bring their families with them easily. This could potentially lead to a shortage of labour in certain sectors that rely on foreign workers.

4. Administrative Overload: The need for partners and dependent children to apply for their own visas could increase the administrative workload for immigration authorities, leading to potential delays and bottlenecks in the visa processing system.

5. Disruption of Children’s Education: Dependent children who cannot obtain visas may face disruptions in their education, leading to further stress for families and potential negative impacts on the children’s academic and social development.

In our view, while these changes ultimately aim to create a more sustainable and fair immigration system, the potential problems highlighted above should be carefully considered and addressed to ensure that the policy adjustments do not inadvertently harm the very individuals and families they are designed to support.

For further details or assistance with your immigration journey, please contact our immigration expert Hetish Lochan on [email protected] or contact +64(0)21 075 8147.