Changes to work rights for partners of work visa holders in New Zealand

Moving to a new country can be challenging. The recent changes to work rights for partners of NZ work visa holders now add another layer of complexity. These changes, which came into effect on May 31, 2023, have implications for both employers and visa holders.

Understanding the changes

New policy has tightened work rights for partners of Accredited Employer Work Visas (AEWV) and Essential Skills Work Visa (ESWV) holders. Before the changes, partners could work in any job and for any employer in New Zealand. Now, however, partners can only work for accredited employers, and the job they do must pay at least minimum wage. To find out more …..

New work visa conditions

Partners of migrant workers will no longer receive open work visas. They can now only work for NZ Accredited Employers. In addition, they can only work in roles that pay at or above the median wage of $29.66 per hour. Additionally, partners on AEWV visas will no longer have the option of self-employment. Under the previous open work visas, they could run their own businesses.

Understanding the exceptions

These changes affect a significant portion of partners of work visa holders. However, there are exceptions to these new requirements. For example, partners of students, partners of New Zealand citizens or residents, and partners of people paid twice the median wage or working in jobs on the Green List are still allowed to work in any job. The roles on the Green List are professions where migrants can apply for residence straight away if they work within that profession, or after completing two years of work in NZ.

The new rules started on May 31, 2023. If a partner already holds a Partner Work Visa before this date, the conditions of the visa will remain valid. Their work rights will not be revoked. They don’t have to worry about future changes to their employer or how much they get paid.

Similarly, if a Partner Work Visa application was submitted before May 31, 2023, the application will be considered under the previous policy.

Healthcare eligibility

Partners who are no longer eligible for a work visa will also lose eligibility for publicly funded healthcare. To access publicly funded health services, a migrant must hold a work visa of two years or more or have been lawfully in New Zealand for two years or more while holding a work visa.

Addressing concerns and confusion

The recent changes to partner work rights have raised several concerns. They introduce additional complexity to the visa process, potentially leading to confusion.

Employers and recruiters who were previously hiring ‘partner’ candidates, will no longer be able to do so without checking the ‘conditions’ of their work visa.

Partners must now ensure that the job they wish to apply for meets the minimum hourly wage requirement and that the employer is accredited. This limits the job market for partners planning to move to New Zealand, adding complication to the job hunt.

How to get help with the AEWV

We recommend partners seeking employment should utilise the tool Immigration New Zealand has recently launched. It allows job seekers to search for accredited employers. This tool will simplify the process by quickly verifying an employer’s accreditation status.

Employers should consider including their accreditation status in job advertisements to make it clear that they are eligible for partner visas.

Given the complexity of the recent changes and the potential impact on employers and visa holders, and to ensure compliance and avoid any unintended violations, it is advisable to seek professional guidance from an experienced immigration lawyer. We can help clarify doubts, provide advice tailored to individual circumstances, and help streamline the visa application process. We can ensure a smoother transition for employers and visa holders alike. Call us on 09-283 0157. If visiting our Auckland office is not feasible, we offer online consultations. Call us at 09-283 0157 to schedule a virtual meeting.

If you are concerned about the new partner work rights or need assistance, our team at IDESI LEGAL is here to help.
We have extensive experience in immigration law and can provide the guidance and support you need.