Some important immigration law and policy updates: January 2024
- Permanent resident visas must now be applied for online. Given the expected influx of applications from holders of 2021 resident visas, INZ has moved applications for permanent resident visas, second or subsequent resident visas and variations to travel conditions online. Visa schemes with their own permanent residence requirements such as the Global Impact Permanent Resident Visa and the Afghan Emergency Resettlement Permanent Resident Visa have not been shifted online and a paper-based application is still required.
- 2024 reopening dates for capped Working Holiday Visas have been announced.
- The AEWV median wage was due to increase from $29.66 to $31.61 in February 2024. That increase has been paused. Current wage rates for roles with exemptions to the median wage (eg. jobs covered by sector agreements) will similarly remain for now. The median wage will however increase to $31.61 in February 2024 for other visa categories that use it including the Skilled Migrant Category and Parent Resident Category.
- From 27 November 2023, AEWV labour hire (triangular) employers placing migrants in specific construction roles must have at least 35% of their labour hire workforce comprised of NZ citizens and residents in fulltime employment.
- The Worker Protection (Migrant and Other Employees) Act 2023 introduces important legislative changes to combat migrant exploitation. In the immigration context these changes are:
- Requiring employers to provide employment-related documentation (ie. any document regarding the remuneration or employment conditions of an employee) within 10 working days of such documentation being requested by an immigration officer;
- Creating 3 new immigration infringement offences, namely:
- Allowing a person to work in the employer’s service when the person is not entitled to under the Immigration Act 2009;
- Employing a person in a manner inconsistent with a work-related condition of that person’s visa;
- Failing to comply with a requirement to supply documents within 10 working days, and
- Enabling MBIE’s Chief Executive to publish the names of employers who offend against the Immigration Act.
