28/07/2020
INZ Update on 15 July
Changes the Government announced last year to improve the employer assisted temporary work visa system are coming into effect on 27 July 2020.
Essential Skills work visas - Remuneration and median wage
The combination of ANZSCO and salary to assess skill level is being replaced with a simple remuneration threshold, aligned to the national median wage calculated by Statistics NZ.
Remuneration will be used to determine the following for an Essential Skills work visa application:
• whether an employer needs to engage with The Ministry of Social Development (MSD) in order to meet the labour market test
• the maximum duration of the visa
• whether the person holding the visa can support a partnership based work visa to bring family with them to New Zealand. However, anyone offshore will be subject to the border restrictions currently in place.
Selecting the right ANZSCO code
The ANZSCO occupation will continue to be requested on the Employer Supplementary form as this information plays a very important role for government policy making purposes, such as understanding the make up of the migrant workforce in New Zealand. It is important that employers continue to choose the ANZSCO code which is the closest match to the job being offered to the migrant worker.
ANZSCO will continue to be used to determine skilled employment as when assessing residence applications under the Skilled Migrant Category (SMC). Essential Skills applications which are approved on the basis of remuneration at or above the median wage does not guarantee that the occupation will be considered skilled for the purposes of a SMC application.
Supporting partners and dependents
Essential Skills work visa holders earning below the median wage can only support partners on visitor visas, not work visas.
However, once the partner of an Essential Skills work visa holder earning below the median wage is in New Zealand on a visitor visa, they can apply for a work visa in their own right.
Essential Skills work visa holders earning below the median wage can support visitor or student visas for their dependent children.
Essential Skills work visa holders earning at or above the median wage can support work or visitor visas for partners, and visitor or student visas for dependent children.
******************************************************
Below median wage (currently $25.50 per hour)
Labour market test: Employer needs to engage with MSD and provide a Skills Match Report
Visa duration: Maximum duration of each visa is 6 months for the next 18 months (i.e. from 10 July 2020 – 10 January 2022).
Maximum combined duration of all work visas in jobs paying below the median wage is 3 years at which time holders of this visa will be subject to a stand down period of 12 months.
Bringing family who ordinarily reside in New Zealand. Note that anyone currently offshore will be subject to the border restrictions currently in place. Support visitor visas for partners (partners can apply for a work visa in their own right)
Support visitor or student visas for dependent children (subject to meeting the minimum income threshold)
******************************************************
At or above the median wage (currently $25.50 per hour)
Labour market test Employer does not need to engage with MSD to provide a Skills Match Report, however the employer will continue to need to make genuine attempts to hire New Zealanders, including advertising for the role and considering New Zealanders
Visa duration Maximum duration of each visa is 3 years
No maximum combined duration – not subject to stand down.
Bringing family who ordinarily reside in New Zealand. Note that anyone currently offshore will be subject to the border restrictions currently in place. Support visitor or work visas for partners
Support visitor or student visas for dependent children (subject to meeting minimum income threshold)
******************************************************
Appendix 7 – occupations treated as exceptions under the residence Skilled Migrant Category
We are updating the list of occupations that can be treated as an exception to certain skill level assessments for SMC residence policy.
This list of occupations is provided in Appendix 7 of the INZ Operational Manual. From 27 July 2020 this list will not be used to assess Essential Skills temporary work applications.
The following occupations will be added from 27 July 2020:
• Aged or Disabled Carer;
• Nursing Support Worker;
• Driller and
• Bicycle Mechanic.
FREQUENTLY ASKED QUESTIONS
I submitted my Essential Skills application before 27 July 2020, do I still get assessed using ANZSCO?
Yes, applications accepted before 27 July 2020 will be assessed in accordance with the instructions applicable at time of acceptance.
I have an Essential skills visa for ‘lower skilled’ work that expires in February 2020. If I want to support my partner for a visitor visa, do I need to apply for a new visa?
Yes, applicants will need to apply for a new visa if they wish to “up-grade” their lower skilled Essential Skills visa to access benefits of being paid at or above median wage.
I have an Essential skills visa for ‘mid-skilled’ work but I am paid below the median wage. When ANZSCO is removed on 27 July 2020, does that mean I can no longer support my partner who has a work visa based on partnership to me?
If your partner already holds a visa then this visa will remain valid until its expiry, however your partner will not be eligible for a further work visa on the basis of partnership in their next application.
Are you not doing 5 year visas for higher skilled Essential Skills visas anymore?
No, with the removal of ANZSCO there is no ‘higher-skilled’ bracket – just below median wage and at or above median wage.
I am currently being paid below the median wage, but my salary will increase to above the median wage in six months’ time. Can I apply for a visa now?
You can apply for a visa, however your remuneration will be assessed based on your current rate of pay.
Why is ANZSCO still required for SMC applications?
The removal of ANZSCO for Essential Skills is part of the wider changes to employer assisted work visas that are due to come in mid next year. No changes have been made to the SMC tat this stage.
What happens if at SMC application stage the immigration officer decides the ANZSCO code doesn’t match, despite being accepted at work visa stage?
The ANZSCO assessment at SMC application stage is separate from any assessment that may have been undertaken with a previous work visa application. The approval of a temporary work visa does not guarantee that a person will meet the requirements under the SMC.
Do partners get work rights?
Only partners of work visa holders who have been approved a visa for work at or above the median wage are eligible for a partnership based work visa.
Partners of work visa holders who have been approved a visa for work below the median wage are only eligible for a partnership based visitor visa.
Will I be required to list this role formally as one of the ANZSCO job titles, or can I call the role anything I like when I advertise, as long as I’m paying the high salary?
The role can be advertised as you wish, however the closest ANZSCO occupation will need to be indicated on the INZ application forms.
Can I apply now for my worker who only has a one year visa, who is getting paid high salary, so they get a new 3 years?
Yes current visa holders are able to apply for a new visa (providing all required documents) and will be assessed against all current criteria at the time of lodgement (including an assessment against the current labour market). There is no guarantee that a new application will be approved based on the fact that they currently hold a visa.
Can I apply for a Visitor Visa as a dependant of my partner who has their own employment offer now? Does the stand down cease to apply to us?
The stand down does not preclude you applying for (or being granted) any other kind of visa, however you will not be eligible for the grant of a subsequent Essential Skills visa which is paid below the median wage until the stand down requirement has been met.
Can my children attend primary school?
You can apply for a Dependent Child Student Visa. Holders of this visa are treated as domestic students for the purpose of tuition fees at primary and secondary school for the period of your visa.
Can I switch now from a low skilled visa to a high one because my salary is now significantly more?
You are able to apply for a new visa and if you meet all of the criteria and are being paid at or above the median wage, you will be eligible for a 3 year visa. There is no guarantee that a new application will be approved based on the fact that you currently hold a visa.
I’m doing shift work/contract/project work and my salary can be variable – how does this affect me?
You must meet all of the requirements for the granting of the Essential Skills work visa including having full time employment. To be granted a 3 year visa you must be paid at or above the median wage (including for each hour of work). If you are paid a fixed salary but have a range of hours of work (i.e. 30-40 per week) we will calculate your hourly rate based on the maximum number of hours.
An immigration officer may request evidence of the range of hours to be worked in order to calculate the remuneration.
Can I apply for Working Holiday visa to avoid the stand down period?
The stand down does not preclude you applying for (or being granted) any other kind of visa, however you will not be eligible for the grant of a subsequent Essential Skills visa which is paid below the median wage until the stand down requireme
Kitty Xu
Licenced Immigration Adviser: 200901967
C & N Immigration Consultants Ltd
Address: Level 8, 59-67 High Street, Auckland 1010
Email: [email protected]
Tel: 0064 9 918 9099
Mobile: 0064 21 101 9508
