The 5-year AEWV & "Maximum Continuous Stay" is almost here!

So just 3 days out from this big set of changes.

What does it all mean for you/your employees on Accredited Employer Work Visas?

On this day of receiving a new government, it feels slightly funny to be reporting on changes from the outgoing government. Such is life at the immigration coalface. We know as of today, we will be having more changes in the future. We do look forward to greater industry input to what gets cooked up in future.

Here we go, though, for now, on what's happening from Monday.

From 27 November, 4 important things will happen:

• Fresh applicants for AEWVs will receive 5-year visas instead of 3;

• Holders of existing 3-yr AEWVs will be able to apply for a 2 yr extension;

• Some (sector agreement) 2-year AEWVs will be able to be extended to 3 years;

• A new "maximum continuous stay" of 5 years comes into force for ALL AEWV holders.

I thought it easiest to set this out in a Q&A format. Just click on each question and up will come your answer.

What's this all about?

So, to date, there have been 2-year and 3-year Accredited Employer Work Visas or "AEWVS". From 27 November, instead of 3 years for those being paid median wage or above, it will be 5 years. The Maximum Continuous Stay means that a migrant can only hold an AEWV (or combination of AEWVS) for a total of 5 years unless when the 5 years is up, they can show they are on a demonstrable pathway to residence. Someone who reaches their 5 year limit who does not have such a pathway must leave NZ for at least 12 months before they can reapply for an AEWV. The idea came about to try to stop people becoming settled in New Zealand while on forever renewable temporary visas, without having a pathway to residence.

Is this the first time we've had 5-year work visas in New Zealand?

No. We did used to have a 5 year "Essential Skills" work visa but it was reserved for the "highly paid". Whereas this new 5-year visa is for anyone earning the median wage or above.

If I have applied already for my AEWV but it is decided after the 27th November, what length visa will I receive?

5 years if paid the median wage. 2 years if paid below the median wage. 3 years if a Caregiver being paid Level 3 or Level 4 Wages.

If I am already on a 3 year visa do I get an automatic extension for the balance of 5 years?

No. In all cases, you need to apply.

Is there a fee that applies to an extension application?

Yes - it is the same fee as a new applicant pays. Currently NZD750 for an AEWV. National has pledged to raise fees to 90% of what Australia charges so watch this space - this could be an incentive to some to apply before rates are hiked (take advice!).

So when should I apply?

Well you can apply at any time after 27 November. However, take note: Immigration NZ will not be processing your application until you are 9 months from expiry of your current visa. Your application will simply be queued until that time.

If I get an extension do my dependents get automatic extensions?

No. They must also apply again and pay the applicable fee.

What if I am going to apply for residence during the life of my current 3 year visa - do I still need to extend?

You do not need to extend necessarily, but it will depend on which residence category you are applying for and when. If e.g. you are eligible under the 6-point system, you will be eligible for a free 24-month interim visa once you apply. That could tide you over if you run over your 3 years. However, if you are applying under 1 of the other 3 categories, there is no interim option. It therefore all depends on your situation. You will need to think about how long your residence is likely to take to process - remember, if you need a National Security Check those have often been taking 8-12+ months.

Will my Employer need to re-advertise my job if I am going for an extension?

No: they will not. This is good news and a completely new provision.

How do I apply for an extension? How, as an employer can we help our employee apply?

Well, step 1 is the Employer can reuse the original token they gave to you provided the job is the same and is paying at least the median wage that was in force when you first got your AEWV. Step 2 is that you must meet all the usual provisions for the category you are applying under - that includes health and character requirements. Employers - see below for instructions specifically for you.

What if my Employer is no longer Accredited?

Then you will not be able to apply for an extension. Rather, you would need to apply for a new Accredited Employer Work Visa with a new Job Token.

Will I need to be paid the new median wage when I apply for an extension?

Not necessarily. You do have to be paid at least the same wage stipulated on your existing AEWV (which may e.g. have been above the old median but below a new median). The key is to check your existing AEWV and check you are still at or above that wage. If your wage had for some reason dropped below you would be in breach of your current visa and would not be able to get an extension. Be aware, also that for residence you may well need a raise!

What if I reach the end of my 5 years and I have managed to get onto a pathway to residence, what then?

INZ has said for those with a demonstrable pathway there can be further extensions - details to be fleshed out.

What if I'm part of the Care Workforce Sector Agreement? Can I extend my visa even if not paid the median wage?

If you are a Healthcare Worker on Level 3 or 4 wages you can extend for 1 year bringing you to 3 years.

For workers paid at the level 3 pay rate, this increase gives you enough time to complete the level 4 qualification and move to the higher pay rate and pathway to residence. If you move to the level 4 pay rate, you can apply for a further AEWV to get the maximum continuous stay of 5 years.

For workers paid at the level 4 pay rate, this increase gives you time to apply for residence after you have completed the required 2 years of work experience at the level 4 pay rate.

What if I am on a 2 year visa being paid under the Median Wage?

You cannot apply to extend unless you are an eligible Sector Agreement AEWV. However, if you move to a job offer at median wage and the Employer is willing to provide you with a Job Token you can apply for a further 3 year visa.

The advice to Employers wanting to support workers to apply for their balance:

Your employee must:

• be paid at least what is on their existing visa

• be in the same job in the same region

That all being so, you can:

1. Log in to Immigration Online:

2. Go to 'Employ migrants'.

3. Find the accreditation on the list of 'My granted accreditations'.

4. Open the 'Options' menu for the accreditation and click 'View accreditation'.

5. Find the employee on list of 'Migrant workers with visas'.

6. Open the 'Options' menu for the employee and click 'Send request'.

7. Complete and submit the form 'Send request to apply for a further AEWV'.

Turning to what might happen within your 5 year maximum continuous stay...

Now, given the 5-year limit on being in NZ on AEWVs:

Here at Into NZ, we have a dedicated Team of seasoned Advisors at your disposal. We are well-versed in all the skilled categories & can provide you with all the advice you need.

If you don't have a clear-cut pathway now, be sure to seek advice on whether you may be able to develop one. If ever there is a pathway for you (and assuming you want to stay in NZ) we'll be sure to find it - we are true lateral thinkers!

Get Advice!