The Accredited Employer Work Visa (AEWV) is replacing six other temporary work visas, such as the Talent Accredited Work Visa, Long Term Skills Shortages List Work Visa, Silver Fern Practical Experience Work Visa, Essential Skills Work Visa.

All employers wishing to employ a migrant must be accredited. Please click here for details.

The application process consist out of three steps;

• Employer Check - The employer requiring to meet and satisfy the accreditation criteria
• Job Check - Labour Market Test meaning thet the position must meet criteria inclusive of pay rate, skills and experience, min 30 hrs per week, meeting employment laws and minimum job requirements
• Migrant Check - The migrant muast meet and satisfy the Educational background and Experience required to perform the offered position

Next to a Pathway to Residence through the Skilled Migrant Category (still closed), the AEWV has TWO Pathways to Residence, this as follow;

1. Green List occupations - two-year work to residence OR ‘fast track’ straight to residence options
2. If paid twice the median wage - two-year work to residence option

Please contact TNC for more information

The Government announced a new one-off residence visa pathway for some temporary work visa holders currently in New Zealand. Those arriving in New Zealand between 30 September 2021 and 31 July 2022 on long-term critical purpose visas (for six months or more) may also be eligible for this new visa. Partners and dependents can be included as part of these residence applications.

Applications will be open in two phases from 1 December 2021 for some eligible applicants and from 1 March 2022 for remaining eligible applicants.

All applications must be submitted by 31 July 2022.

Eligibility

Applicants must have met the criteria on 29 September 2021.

To be eligible you must:

1. have been in New Zealand on 29 September 2021, and
2. be on an eligible visa or have applied for an eligible visa before 29 September 2021 that is later granted.

You must also meet one of these three criteria, not all three but only 1:

3.1 have lived in New Zealand for three or more years, or
3.2 earn at or above the median wage ( per hour), or
3.3 work in a role on a scarce list.

If you meet the criteria for eligibility but are in Australia and have been unable to return to New Zealand by 29 September 2021, you may be considered eligible.

Eligible visas

All applicants must be on an eligible visa. These are:

> Post Study Work Visa
> Talent (Accredited Employer) Work Visa
> Essential Skills Work Visa
> Religious Worker Work Visa
> Talent (Arts, Culture, Sports) Work Visa
> Long Term Skill Shortage List Work Visa
> Silver Fern Practical Experience Work Visa
> Trafficking Victim Work Visa
> Migrant Exploitation Protection Work Visa
> Skilled Migrant Category Job Search Work Visa
> Victims of Family Violence Work
> Visa South Island Contribution Work Visa
> Work Visa granted under Section 61 (provided the applicant held another eligible visa type within 6 months of being granted a Section 61 visa)
> Some Critical Purpose Visitor Visas (CPVV):
> Critical health workers for longer term roles (6 months or longer), and
> Other critical workers for long term roles (more than 6 months).
> Short-term visa holders are not eligible, such as visitors, students, working holiday makers, and seasonal workers like those on the Recognised Seasonal Employer Scheme or those who enter as short-term critical workers.

Partners and dependent children, including those currently outside New Zealand, can be included in residence applications.

All applicants must meet the heath and character requirements for the 2021 Resident Visa. Overseas police certificates will not be required unless specifically requested by an Immigration Officer. Limited medical certificates and chest x-ray certificates may be required for some people. Immigration New Zealand may request further information as part of the application process.

Individuals who do not meet the criteria will need to look at what other residence pathways or temporary visa options may be available to them.

Critical Purpose visitor holders

Two groups of Critical Purpose visitor visa holders will be eligible, as long as you arrive in New Zealand and apply before 31 July 2022.

> Critical health workers for longer term roles (6 months or longer), and
> Other critical workers for long term roles (more than 6 months).

If you are in a short term or seasonal role on a Critical Purpose Visitor Visa, including fishing crew, agricultural and horticulture mobile plant operators and shearers, you will not be eligible.

Applicants who have lived in New Zealand for three or more years (3.1)

To be eligible under this criteria, you must have lived in New Zealand for the past three or more years and

> have arrived in New Zealand on or before 29 September 2018, and
> have spent a minimum of 821 days in New Zealand between 29 September 2018 and 29 September 2021 (inclusive).

The time spent in New Zealand does not need to be consecutive. There is no minimum amount within a calendar year.

If you need to check how much time you have spent in New Zealand, you are able to request your travel movements from Immigration New Zealand.

Applicants earning at or above the median wage (3.2)

To be eligible under this criteria, you must be paid the median wage of NZD per hour or above on 29 September 2021.

Applicants working in a job on a scarce list (3.3)

To be eligible under this criteria, on 29 September 2021 you must work in a job that is on a scarce list. These are:

> Jobs on the Long Term Skill Shortage List
> Jobs requiring occupational registration in the health or education sector
> Personal carer and other critical health workers
> Specified primary sector jobs

Application process

The 2021 Resident visa will be open for applications in two phases, with the first group of people able to apply from 1 December 2021.

From 1 December 2021 you can apply if:

> you have already applied for residence under the Skilled Migrant and Residence from Work categories before 29 September 2021, or
> you have submitted a Skilled Migrant Category Expression of Interest, and have included your dependent child in the Expression of Interest aged 17 years or older on 29 September 2021.

From 1 March 2022 all other eligible applicants can apply, including all others who have submitted a Skilled Migrant Category Expression of Interest.

All applications must be made by 31 July 2022.

Applications can be submitted online.

More information about fees and the application process will be available on this page by the end of October.

Those who are eligible to apply from 1 December 2021 will receive an email from Immigration New Zealand by the end of October with further information.

Processing timeframes

It is expected the majority of applications will be processed within 12 months, with most being processed much faster

The Global Impact Visa (GIV) programme is to attract talented innovative entrepreneurs, investors and start-up teams who have the drive and capabilities to create and support innovation-based ventures in New Zealand.

The Global Impact Visa programme is operating as a pilot for four years between 2017 and 2021.

Click here for the latest news on this Global Impact Visa.

For a Talent Visa, exceptional talent in the field of art, culture or sport and level of salary are some of the main requirements.

When successful the employee will be offered a Talent Visa which allows the employee to remain in New Zealand for a period of 30 months. When the employee has worked for the accredited employer for 24 months (two years) minimum, the employee may apply for residency.

Please contact TNC for more information.

Residence may be obtained under the Entrepreneur Residence Visa.

Under the six month option, where the applicant has been self employed in the businessfor 6 months, and has invested at least 0,000 (excl working capital), and has created at least 3 full time jobs for NZ residents/citizens, and have a EntrepreneurWork Visa or LTBV at the time that they lodge this application.

Under the two year option, where the applicant has two years of successful self-employment in the business on an open work visa or in a business approved under the Entrepreneur Work Visa or LTBV category, an application for residence may be lodged under the Entrepreneur category.

Applicants must provide clear evidence that they have met the above described critria, added value to an existing business and created employement for New Zealand residents and or citizens as per buisness plan.

Certain other criteria are also required to be met.

For further or additional information please contact us.

This is applicable for applicants who are in New Zealand on a valid visa and their application has been declined.

The Reconsideration Request must be submitted within a reasonable time frame, normally within 10 to 15 days, and requires to be supported with new and or compelling information or interpretation of the documents submitted.

Please note that the new information will be assessed each time by a different case officer.

For more information please contact TNC

This is applicable for applicants whose residence applications or temporary visa applications have been declined. You can appeal in 2 ways:

• Immigration mis-applied its own rules or processes; or
• When you have special circumstances which may justify getting Residence from the Minister of Immigration as an exception.

For declined Residence Class Visas, the Appeal must be lodged within 42 days + 7days for post/courier from the date of the decline letter. The IPT will re-asses your application and determine if the decision is made based according to the current policy instructions at the moment of assessment by the INZ case officer, AND, the Immigration and Protection Tribunal may take into consideration the personal circumstances of the appellant relevant to the applicant and his/her dependents.

For declined Temporary Class Visas, the Appeal agains Deportation must be lodged within 42 days from the date of the decline letter. The Appeal must be based on Humanitarian Grounds only. Please note that the bar is set very high and you will only be succesful if your circumstances are not normal, uncommon, outside the norm, out of the ordinary.

For more information please contact TNC