Changes have been announced by Immigration New Zealand regarding the Partner of a Worker Work Visa, with the aim of rebalancing the immigration system and promoting a higher productivity and higher-wage economy. These changes will come into effect on May 31, 2023, and will introduce new work conditions for partners of Accredited Employer Work Visa (AEWV) and Essential Skills Work Visa (ESWV) holders.
The revised work conditions for partners of migrant workers include the following:
➤Restricted employment to Accredited Employers: Starting from May 31, 2023, partners who successfully apply for a Partner of a Worker Work Visa will be limited to working for an Accredited Employer.
➤A prohibition from working in capped sector agreement roles: Partners will not be allowed to work in positions that fall under capped sector agreements.
➤Minimum wage requirement: If partners work in a role not covered by a sector agreement, they must be paid at least the median wage at the time of receiving their visa or a job offer, whichever is later. The current median wage is NZD $29.66.
➤Wage threshold for uncapped sector agreement roles: In cases where partners work in a role covered by an uncapped sector agreement, they must be paid at least the relevant wage threshold. However, they will not be subject to a stand-down period.
It's important to note that these changes primarily affect partners of AEWV or ESWV visa holders. Partners applying for the Partner of a Worker Work Visa do not need a job offer, and employers are not required to complete a Job Check. Additionally, partners will have the flexibility to change employers without applying for a Variation of Conditions, and there is no minimum number of hours they need to work.
Current employees must ensure that their employment aligns with the conditions of their new visa once it takes effect. Unemployed individuals must ensure that any future job offer meets these conditions.
Starting from May 31, 2023, the accreditation status of an employer can be verified on the INZ website.
These changes do not impact the current work visa conditions or individuals who apply before May 31, 2023. Visa conditions for partners of New Zealanders or partners of individuals holding other work visas, such as the Post Study Work Visa, remain unchanged.
Exceptions apply to partners of highly paid and Green List workers. Certain partners of AEWV or ESWV holders will still be eligible for a work visa that allows them to work in any occupation for any employer in New Zealand, without a median wage threshold. This exception applies to partners of migrants who earn at least twice the median wage or work in roles listed on the Green List. Even if the initial requirements were not met, partners who have subsequently fulfilled them through a pay increase or inclusion of their role on the Green List may be eligible. Evidence of eligibility must be provided as part of the Partner of a Worker Work Visa application or through a Variation of Conditions request.
It's important to note that AEWV holders covered by a sector agreement and earning below the median wage cannot support a partner work visa. Similarly, ESWV holders who earn below the median wage (or lower skilled if the visa application was made before July 27, 2020) cannot support a partner work visa. However, if they receive a pay increase that brings their earnings to at least the median wage, they may be able to support their partner for a work visa without applying for a new work visa themselves. In this case, their partner's eligibility for a longer work visa will be assessed based on the new salary.
