From:
Emilie Hwang
To:
*Immigration – COO – VO - ManukauTT
Cc:
AEWV Christchurch TA
Subject:
Manukau Temp TA update - 16/04/2024
Date:
Tuesday, 16 April 2024 8:00:18 AM
Hi all,
Please find the Manukau Temp TA update for this week:
AEWV policy change
There are more requirements for migrant workers who apply for an AEWV on or after 7 April
2024:
Minimum skills threshold: 3+ years relevant work experience or NZQCF Level 4 relevant
qualification (WA4.10.6)
Furthermore, if their job is assessed as ANZSCO Level 4 or 5 occupation at JC, they must meet:
Minimum standard of English language (WA4.12) &
Maximum Continuous Stay: 36 months
(WA4.10.7)
Out of Scope
Have a great week!
Kind regards,
Emilie Hwang
SENIOR TECHNICAL ADVISOR
Manukau Visa Operations
Chief Operating Officer Immigration Branch, Immigration New Zealand (INZ)
Ministry of Business, Innovation & Employment (MBIE)
[email address] | DDI: +64 (0)9 928 2259
From:
Mark Riddle
To:
Hattie White; Mark Wilson; Hannah Dillon; Katarina McNaught; Neill Rhodes; Jenna Thompson; Brendan
Belcher; Jenna Birnie; Mikaela Davidson; Emily Winter; Martin Thomas; James Tennant; Shannon Lordwin;
Chloe Farnell; Wondy Asres; Frances Mitchell; Leonardo Corrales Torres; Georgia Bayliss
Subject:
RE: AEWV changes
Date:
Friday, 12 April 2024 9:50:58 AM
Work risks
Verification Toolkit (VT) Issue Date: Enter date.
-----Original Appointment-----
From: Mark Riddle
Sent: Tuesday, April 9, 2024 8:59 AM
To: Mark Riddle; Hattie White; Mark Wilson; Hannah Dillon; Katarina McNaught; Neill Rhodes;
Jenna Thompson; Brendan Belcher; Jenna Birnie; Mikaela Davidson; Emily Winter; Martin
Thomas; James Tennant; Shannon Lordwin; Chloe Farnell; Wondy Asres; Frances Mitchell;
Leonardo Corrales Torres; Georgia Bayliss
Subject: AEWV changes
When: Friday, 12 April 2024 9:30 am-12:00 pm (UTC+12:00) Auckland, Wellington.
Where: Room 6.02
Hi there
Inviting you to learn about the recent changes to AEWV. (This is a pilot, so is a best
guess at the duration, and I’m hoping we will finish early!)
Please bring along your charged up laptop, and whatever you use for taking notes. J
Cheers,
Mark Riddle
LEARNING FACILITATOR
Learning Delivery, Immigration New Zealand
Ministry of Business, Innovation & Employment
[email address] | Telephone: +64 (0)4 896 5383 | s 9(2)(a)
| Level 6,
161 Cashel Street, Christchurch
NZBN 9429000106078
From:
Hattie White
Sent:
Monday, 8 April 2024 8:44 AM
To:
*Immigration - COO - VO - Christchurch Level 6
Subject:
FW: Changes to the Accredited Employer Work Visa (AEWV) [UNCLASSIFIED]
Good Morning Everyone
Further to Alison’s email below, the immigration instructions for the AEWV changes have been updated in the
Operational Manual. These changes are effective from yesterday (07/04/2024) and apply based on the lodgement
date of applications. When you are referring to instructions in your assessment or PPI letters please ensure that if
the application was lodged prior to 07/04/2024 that you are referring to the appropriate archived version of the
instructions, for example:
Come and have a chat to one of the TAs if you have any questions
স
হ
Ngā mihi nui,
Hae White
PRACTICE LEAD , CHRISTCHURCH TWO
Product Responsibility – Job Check; Visitor Visa
Ōtautahi Christchurch 2 Visa Operations
Chief Operating Office Immigration Branch, Immigration New Zealand|Rōpū Manene
[email address] | Telephone: +64 (0)3 966 6662 | PO Box 22 111, Christchurch, New
Zealand
NZBN 9429000106078
1
Please note I do not work Thursdays
From: Alison McDonald <[email address]>
Sent: Sunday, April 7, 2024 1:39 PM
To: s 9(2)(g)(ii)
Cc: Stacy Smith <[email address]>; Abhi Beri <[email address]>; Aija Zvidrina
<[email address]>; Alex Ronquest <[email address]>; Andrew Glover
<[email address]>; Anjana Abayarathna <[email address]>; Annie Brash
<[email address]>; Annie Kim <[email address]>; Bradley De Swardt
<[email address]>; Carey Lambert <[email address]>; Derik Patel
<[email address]>; Garrik Perry <[email address]>; Janakan Karunaharan
<[email address]>; Jeein Kim <[email address]>; Kamal Kumar
<[email address]>; Kate Woodward <[email address]>; Ksenia Pashkevich
<[email address]>; Kylie Hunter <[email address]>; Logan Burrell
<[email address]>; Mary Ann Castro <[email address]>; Priya Madhan Shanmuga
Vijaya Kumar <[email address]>; Priya Prasad <[email address]>; Quintus De Wet
<[email address]>; Richa Taneja <[email address]>; Roger Chandler
<[email address]>; Sophia Rudd <[email address]>; Sreeni Ganji
<[email address]>
Subject: Changes to the Accredited Employer Work Visa (AEWV) [UNCLASSIFIED]
Kia ora koutou
Today the Minister of Immigration, Hon Erica Stanford, announced changes to the Accredited Employer
Work Visa (AEWV). The changes take effect from today and include:
•
The duration of the AEWV and Maximum Continuous Stay (MCS) will be reduced for some
lower-skilled occupations.
•
A minimum skills and work experience threshold will be introduced for the AEWV.
•
A minimum English language requirement will be introduced for ANZSCO skill level 4 and 5
roles.
You can view all the changes on the Immigration New Zealand website.
Why AEWV is changing
2
I’m sure you were all expecting changes to AEWV after the Minister’s public statements about tightening
the AEWV scheme. However, the extent of what's changing may be surprising.
Like many other countries that are attractive to migrants, Aotearoa New Zealand has a duty of care to
provide a safe place to live for those migrants, as well as the people who are already here. These changes
are part of the Government’s efforts to ensure migration levels match our level of infrastructure.
The changes also aim to reduce migrant exploitation, which has generated significant public interest in the
last 12 months.
For INZ, these changes support our efforts to be a good regulator and strike the balance between
facilitation and protection. I appreciate there have been many changes of late, but I hope you’ll agree we’ll
be better equipped to deliver a robust AEWV system with these changes in place.
What it means for you
These changes will impact many people across INZ and the wider MBIE immigration system, as well as our
kiritaki (customers).
The biggest and most immediate impact will be on our engagement partners in our Customer Branch and
our client service advisors in the Customer Service Centre in Te Whakatairanga Service Delivery (TWSD),
who will no doubt begin receiving calls straight away. I know that there is a virtual stand-up planned for
you first thing tomorrow and I thank you for your patience and understanding.
The operational impacts on visa processing may not be felt for a couple of weeks, however there is a lot to
come up to speed with. There are virtual stand-ups on Monday morning for Visa Operations kaimahi who
process AEWV applications in Ōtautahi Christchurch 1 & 2 and Manukau and also for our Risk and
Verification teams onshore and offshore on Monday and Tuesday.
I want to thank you in advance for your patience and assure you the appropriate learning and SOP updates will be
available to support you through the transition. We know it won't be perfect from the get-go, there will be a
number of manual processes in place, until ADEPT enhancements can be made, and processing may take longer,
especially during the implementation period.
There will be support available, regular check-ins, and opportunities to feedback. Please make sure you
share your experiences and feedback so we can take everything into consideration in making adjustments
where we can.
There will also be significant impacts across our kaimahi in Immigration Compliance and Investigations in
TWSD. Many of you will also have meetings with your leaders in the next couple of days to go through the
changes and what they mean for you. If you have any questions or doubts about what you need to do,
please talk to you people leader first. They can raise the question further as required.
The ADEPT enhancements to support the Customer online form are taking place today.
Thank you
I want to thank the Digital, Data and Insights teams who are working over the weekend to complete the
ADEPT updates, as well as Ligs Hoffman and her INZ web team in TWSD for the mahi they are doing today
to make sure the INZ website and online forms are updated and ready for our kiritaki.
3
Many people across the MBIE immigration system have contributed to this mahi in recent weeks, and its
success now rests with many more of you. My heartfelt thanks to everyone carrying out this important
part of the Government’s work programme.
Ngā mihi
Alison
s 9(2)(a)
Alison McDonald OBE (she/her)
DEPUTY SECRETARY – IMMIGRATION | Mana Hautu Rōpū Manene
Immigration New Zealand | Rōpū Manene
Ministry of Business, Innovation & Employment | Hīkina Whakatutuki
[email address] | DDI: +6449133927 | s 9(2)(a)
15 Stout Street, PO Box 1473, Wellington 6140 www.mbie.govt.nz
NZBN 9429000106078
4
From:
Rhiannon Martin
To:
*Immigration - COO - VO - Christchurch Level 6
Cc:
Matt Stansfield; Rana Ghumkhor
Subject:
Job check ONLY - re advertising
Date:
Monday, 8 April 2024 11:42:16 AM
Good morning everyone,
For job check applications - from
today, we will no longer be giving the employer an opportunity
to re-advertise as the job advert is required to be closed prior to the Job Check application being
submitted.
This is as per Immigration Instruction WA3.20.1(b) which states ‘
The job advert must have
closed prior to the Job Check application being submitted’
If the employer does not meet advertisement requirements as set out at WA3.20 then a
PPI is to be sent (allowing the usual 5 day PPI timeframe) without the offer of allowing the
employer to re advertise. (A waiver
may be considered taking into account the
instructions set out at WA3.5(c)).
Please no longer use the PPI blurb you have been using for previous applications and
continue to use the ADEPT blurb which is automatically generated.
For applications that have already been PPI’d allowing re-advertising, it is acceptable to
assess the re-advertisement as we have already given them the opportunity to re-
advertise. This will require a waiver going forward so please send any waivers to the
consult inbox for this prior to approval.
If you have previously PPI’d and not allowed re-advertising and they have provided
evidence of re-advertising anyways, then we will consider WA3.20.1(b) as not being met
as the advertising has not closed and we would not consider the new advertising.
For further context, we were previously doing this to take a facilitative approach however,
we are applying instructions as written from now - this is not the new instructions, this is
just applying the old instructions as they were intended.
If you have any questions – please approach a JC TA
Thank you,
Rhiannon Martin
SENIOR TECHNICAL ADVISOR
Ōtautahi Christchurch 2 Visa Operations
Chief Operating Office Immigration Branch, Immigration New Zealand|Rōpū Manene
Ministry of Business, Innovation & Employment
[email address]
PO Box 22 111, Christchurch, New Zealand
Recruitment process concerns post JC and pre/at AEWV
We may identify concerns from the recruitment process when processing an AEWV, either from an
offshore VO’s telephone interview or our own findings. Technically, according to WA3.20, the labour
market test (to determine whether the employer made genuine attempts to recruit suitable New
Zealanders) is assessed at JC stage and it is a requirement for an AEWV.
Hence, a concern on the recruitment process cannot be raised for an AEWV application directly since
there is no instruction to be quoted under WA4. Yet the circumstances of the recruitment process
may be indirectly and additionally included to make your rationale stronger when you raise a
concern on the genuine job offer or bona fide requirement. In general, it is inappropriate to PPI or
decline an AEWV application just on findings of the recruitment process.
Genuine job offer vs. Genuine intent (Bona Fide) vs. False or misleading info (Character)
If you are concerned about genuine job offer (WA4.10.1(a)), you may also be concerned that the
applicant may not be bona fide (W2.10.1(a)(ii)) because their genuine intent to stay in New Zealand
may not be working since their job offer does not appear to be genuine.
When false or misleading info (FMI) may have been provided, the applicant may not meet A24 or
A5.45.5(c). However, FMI issue does not always also trigger a bona fide concern when the FMI is not
relevant to the applicant’s intent to stay (On the contrary, they may have provided FMI to
desperately work in NZ).
Please note that the bona fide requirement has these two elements:
i)
genuine intent: what is the applicant’s intention to stay in NZ: visit (for VV), study (for
SV) or work (for WV)?
ii)
remain lawfully: how likely are they to not breach conditions and remain in NZ lawfully
on a visa?
Genuine information is not part of bona fide requirements. We distinguish it from genuine intent.
Therefore, false/misleading information issues cannot directly become a bona fide concern unless it
further leads to a concern on applicants’ genuine intent or lawful stay.
Congrats you reached the end!
If you want to dig deeper check out:
•
Appendix A – Scenarios and actions
•
Appendix B – Interview questions
•
Appendix C – Example PPIs
Appendix A –Scenarios and actions
Bill’s Big Construction Company
Bill from Bills Big Construction Company Ltd wanted to hire his 70 year old dad Harold to be a
construction worker, a role that requires no experience or qualifications. Bill hasn’t hired anyone
else yet using a job token. While no experience/qualifications are required, the role appears to be a
labour intensive role not everybody can do. There are people in the workforce past retirement age.
We need an open minded and judicious approach when assessing the genuineness of the job.
In this scenario it would be highly beneficial to have an interview with Bill and Harold. It’s
recommended to talk to your local verification officer when forming questions.
Example questions to ask Bill & Harold
Qs for Bill
Qs for Harold
What lead to the decision to hire Harold over
When were you last in the workforce? If you are
others in the migrant workforce?
re-entering the workforce, why are you re-
entering it?
Can you describe the recruitment process like for
the role?
What lead to the decision take the role over others
that might be available to you?
What aptitude does Harold have for the role? Do
they have relevant experience? Is there evidence
Can you describe the recruitment process like for
of their aptitude for the role?
the role?
Given the physical demands associated with labour
What aptitude do you have for the role? What
positions, what have you discussed with Harold
experience do you have?
about ensuring a safe and productive work
Given the physical demands associated with labour
environment for Harold?
positions, what have you discussed with Bill about
Has it been discussed what would happen if
how you may have a safe and productive work
Harold is no longer able to perform the role?
environment?
Would he go home, and if so, where to?
What would happen if you were no longer able to
What barriers does Harold have in performing the
perform the role? Would you go home, and if so,
role such as any disability or health conditions?
where to?
What the conditions of the role are expected to
Are there any barriers for you performing the role
be?
such as any disability or health conditions?
What are the day-to-day activities of the role?
What are the day-to-day activities of the role?
What the conditions of the role are expected to
be?
The above are potential questions, and you are encouraged to use follow up questions to drill into
the information provided to you for substance. For instance if Harold claimed construction
experience, you could ask what their recollection of their experience was. Follow up questions help
ensure the credibility of answers you receive.
Comparing Bill and Harolds answers will help you check their understanding and if they match. If
they do not match, or if their answers lack sufficient credibility, you may need to request
information to support any comments they made, or mitigate concerns you have. You should also
consider risk factors and which party you want to approach first.
Jenny’s Nail Salon
Jenny from Jenny’s Gnarly Nails Ltd wants to hire Melia from Thailand to be a Hair Dresser. Jenny has
hired two nail technicians previously, but this is her first time hiring a Hair Dresser. The role requires
3 years of work experience.
To support her application Melia gave these documents:
1)
Business License for their business called Krabi Green Barber Shop. Date of
Establishment: June 13th, 2021. Yet the business noted on this licence was not for
hairdressing but for retail.
2)
Letter of recommendation from a former employer dated January 2011 as the
manager of hairstyles in their salon Best Beauty for 10 years.
3)
Photographs of the applicant allegedly doing hair dressing.
After looking at the information in the AEWV and JC application you note:
-
At JC, the employer stated in their advertising that they were going to start offering hair
dressing services. Yet their website still does not say they offer this service.
-
There is a discrepancy in the location of employment. The IEA, and the JC locations appear
to be different, and they are residential addresses.
-
Melia has declared Jenny is their niece.
The discrepancies, and given that PA is a family member, it appears further investigation would be
warranted.
Actions you may want to consider:
•
Asking the employer why their website has not been updated and is that reason credible?
•
Is there third-party verifiable evidence of PA’s work experience? If not why not? The
verification toolkit’s country profile may have further information or resources to help.
•
While we would not want to rework the JC, we may want to consider what information was
in the JC itself. What recruitment was done for the role after advertising? Who applied, and
why were they unsuitable? If this information is not available within the JC application, it
may be worth requesting it from the employer to substantiate the role’s genuineness.
•
What due diligence has Jenny undertaken to confirm her aunt is suitable for the role?
•
Clarification regarding locations
•
Confirmation with evidence what locations are equipped for the proposed role.
Liz’s Liquor Store
Liz from Lizzie’s Booze Ltd wants to hire Rakesh. Rakesh works for his dad’s store in India. Liz has
gotten job tokens recently for a retail supervisor to work at her Auckland store. The role requires 1
year of work experience, working 40 hours a week for $29.70 per hour. Liz got introduced to Rakesh
through his friend who recently got a work visa to work for Liz as a manager. You have noted a
recent anonymous allegation that Liz is being paid to give jobs to people. Liz also recently hired a
worker, who left NZ shortly after arriving where she requested cancellation of that workers visa
To support their application Rakesh gave these documents through his Advisor:
1)
The mandatory employment agreement and job offer letter.
2)
Letter of recommendation from Rakesh’s dad that he worked at his store.
3)
Liz’s letter of support stating she desperately needs the help at the store.
4)
His application which confirms he intends to support his partner’s visa.
You gave Liz a call to discuss how she met Rakesh. She confirmed:
•
She met Rakesh online through his friend.
•
Liz did not do any reference checks. Instead she has taken Rakesh’s friend’s word that
Rakesh is suitable for the role at face value.
•
Rakesh did not apply using the advert she had on trademe, mentioned in the Job Check
application. Instead he was referred to her by his friend who manages the store.
(Note: word of mouth referrals can be a genuine method of recruitment. Applicants don’t
need to apply for roles via the JC advertising.)
Your offshore verification officer contacted Rakesh who confirmed:
•
The payrate and hours for the role.
•
He could not confirm where the job was located but said it was in Auckland.
•
He said he paid 350,000 indian rupees for the visa. This is about $7000 NZD.
The offshore verification officer marked the role as having concerns. What can you do to try and
mitigate concerns? Suggestions:
1. Don’t fixate on a single point ie the fee, the allegation, that Rakesh allegedly works for his
dad. Try to consider the big picture.
2. Did the offshore verification officer have any advice on mitigating concerns? And if not do
our local verification officers have advice for you?
3. Ask for a breakdown for the 350,000 payment. EG Application fee, advisor fee, airline fee,
any logistic fees to move items.
4. Liz trusts the friends word. You may want to consider why this is.
5. Does Liz know she has an anonymous allegation against her business? What does she think
of the allegation? Consider if there will be value or if it’s appropriate to inform Liz of the
anonymous allegation.
6. It may be worth asking why things did not work out with the previous worker. Was it job
related, or were there personal circumstances that made them leave?
Appendix B - Interviews
Interview questions are best discussed with your local verification officer to ensure they are tailored
to individual circumstances. In general open questions are better than closed.
Note: For more information on conducting interviews please see TA Update 20/06/2023
Example questions for employers:
6(c) of the OIA
If reviewing an employers documents, ask questions about them.
Examples questions for PA:
6(c) of the OIA
Appendix C - PPI example (Text in yellow gives commentary)
Genuine job offer – General concern
//Instructions
Immigration instruction WA4.10.1(a) states that an Accredited Employer work visa may be granted if
your offer of employment is genuine.
// Information of concern
During your phone interview on 13/04/2023, you submitted that you applied for the position Team
Leader on 12/02/2023. During this interview, you were unable to demonstrate your knowledge of
the roles and responsibilities of the Team Leader position offered to you, or the nature of your
employer’s business.
// Any additional events or information of concern
Additionally, you were unable to demonstrate that you had any knowledge the job application
process. You noted that no interview was undertaken because your prospective employer is a good
friend of your relative. We acknowledge that recruitment through employee referral is common, but
traditionally candidates follow a job application, interview process, and recruitment procedures,
including reference checks which may follow.
Further to this, you stated that your prospective employer called you in December and advised you
to start the police certificate process. We note that this was before you stated you applied for the
position on 12/02/2024.
//Conclusion
Based on the factors above, we are not satisfied that your offer of employment is genuine, so you
may not meet instruction WA4.10.1(a)
https://www.immigration.govt.nz/opsmanual/#77195.htm
// Note: If your concern is based on an interview with the applicant, make sure to include a
transcript of that interview at the end of your signature, and mention this.
A transcript of our interview with you is attached.
//Given we are not satisfied the job is genuine, this may lead to a concern the applicant has not
applied for the visa with a lawful purpose.
Bona fides
Immigration instruction WA4.10(a)(i) states an immigration officer may grant an Accredited
Employer work visa if they are satisfied that the applicant meets the generic work visa requirements
for applicants at W2.10.1, and immigration instruction W2.10.1(a)(ii) states that all applicants for
work visas must meet the requirements for bona fide applicants. The definition of a bona fide
applicant is set out at instruction E5.1, and the factors that should be considered in determining
whether an applicant is a bona fide applicant are set out at instruction E5.10.
Given we are not satisfied your offer of employment is genuine, we are not satisfied you are a bona
fide applicant with a lawful purpose applying for a visa, or that you are unlikely to breach the
conditions of any visa granted to you. Therefore, we are not satisfied you meet WA4.10.1(a) and
your application may be declined.
https://www.immigration.govt.nz/opsmanual/#77195.htm
Genuine job offer – Concern based on visa history and interview combined
Immigration instruction WA4.10.1(a) states that an Accredited Employer work visa may be granted if
your offer of employment is genuine.
Assessing your work visa application, it is noted that INZ have found some concerning factors that
may have an impact on your application. It appears your offer of employment may not be genuine,
and you may not meet instructions WA4.10.1(a). Here are the below concerns we have found that
may affect your application.
6(c)
//The above concern by itself may not have been sufficient to show the job was not genuine.
However when combined with the below concern it created an obvious issue around job
genuineness.
6(c)
6(c)
It
therefore appears that your offer of employment might not be genuine, so you may not meet
instruction WA4.10.1(a).
https://www.immigration.govt.nz/opsmanual/#77195.htm
//Given we are not satisfied the job is genuine, this may lead to a concern the applicant has not
applied for the visa with a lawful purpose.
Bona fides
Immigration instruction WA4.10(a)(i) states an immigration officer may grant an Accredited
Employer work visa if they are satisfied that the applicant meets the generic work visa requirements
for applicants at W2.10.1, and immigration instruction W2.10.1(a)(ii) states that all applicants for
work visas must meet the requirements for bona fide applicants. The definition of a bona fide
applicant is set out at instruction E5.1, and the factors that should be considered in determining
whether an applicant is a bona fide applicant are set out at instruction E5.10.
//If you have an indication the PA may intend to perform within a different ANZSCO you could
mention it here
Given the lack of credible answers given at interview,6(c)
we are concerned, you may actually be intending
to come to New Zealand to work 6(c)
in breach of visa conditions.
Given we are not satisfied your offer of employment is genuine, we are not satisfied you are a bona
fide applicant with a lawful purpose applying for a visa, or that you are unlikely to breach the
conditions of any visa granted to you.
Therefore, we are not satisfied you meet WA4.10.1(a) and your application may be declined.
https://www.immigration.govt.nz/opsmanual/#77195.htm
From:
Charlotte Pook
To:
*Immigration - COO - VO - Christchurch Level 6
Subject:
AEWV E-learning Module Friday, 12 April 2024
Date:
9:37:15 AM
Hello CHCH2,
The AEWV Policy Implementation e-Learning Module is now available on Learn@MBIE! Link to
the module is below:
https://mbihas.live.kineoplatforms.net/course/view.php?id=1892
If you are an IO processing EA, JC or WV, please complete the module by Friday 19 April.
If you process VV you are off the hook
Thanks,
Charlotte
From:
Henry Vanwyk
Sent:
Monday, 8 April 2024 1:39 PM
To:
Lalupe Lolesi; Manhal Yaikoob; Angela O'Brien-Hug; Janet Cho; Shweta Divekar;
Sahar Rao; Lava Nofo'akifolau; Anitha Polapelli; Marina Hu; Renee Chand; Celia
Moore; Felicia Jeripothula; Manjiri Phatak; Renee Malua; Priya Sharma; Trisha Sila-
Mose; Nithya Kumaran; Gregory D'Ath; Nicky Pulu; Upma Samanta; Irene Miranda;
Jamshaid Shah; Kishor KC; Ice Chan; Esha Sandevni; Payal Kaur; Aaliyah Gemmell-
Sow; Willow McPike-Kapila; Dylan Joffe; Pooja Singh; Jessica Ponifasio; Lalupe Lolesi;
Pamela Nofo'akifolau; Trissa Fifita; Stephen Huinga; Nunu Kumdi; Val D'Souza E
Almeida; Emma Croker; Jessica Wang; Malia Vaka; Gee Walker; Fidel Delgado
Pimentel; Veronica Toniatti; Jamie Wu; Angela Salatielu; Anita John; Buffy Wang;
Christine Deocampo; Eve Seo; Gareth White; Kree Mataia; Liz Collins; Narthi Sudha;
Ryan Jacob; Ann Khanna; Mario Puliuvea; Khushi Sharma; Bismark Asumadu; Eveline
Prakash; Priyanka Garg; Matt Stansfield; Nathanael Mackay; Hannah Dillon; La'a
Tamarau; Sujata Baurhoo; Archana Chand; Jason Huang; Taufa Waqasokolala; Roya
Ghanbari; Peter Thacker; Joelle Lee; Rema Erueti; Joelle Lee; Te Rewa Stewart
Williams; Jodie Parsons; Amelia Kim; Reen Bentley; Michael Ryan; Dom Pullen; Renu
Malhotra; Leanne Lin; Sumayya Sufi; Joy Deng; Sahil Garg; Joelle Lee; Katarina
McNaught; Jazz Luthra
Subject:
The week that was [
Follow Up Flag:
Follow up
Flag Status:
Completed
Tēnā koutou,
Yesterday the Minister of Immigration announced a number of changes to tighten up the AEWV Scheme. The
changes came into effect on 07 April 2024. It was a great opportunity to have a meeting with everyone today and to
share our operational plan for the next couple of months.
What is changing for new AEWV applications
There are now higher work experience and qualification requirements, a standard of English for people applying to
work in roles assessed as ANZSCO skill level 4 and 5, and a shorter stay in New Zealand for those working in specific
roles.
New minimum skill requirement
Applicants applying for a AEWV will need to show evidence of work experience or qualification. This is in addition to
the skills and qualification that the employer has identified as necessary for the role. Unless the role is on the Green
List and meets the role requirements, or is paid at least twice the median wage, applicants must now have:
•
At least 3 years relevant work experience, or
•
A relevant qualification at level 4 or above of the New Zealand Qualifications and Credentials Framework.
Minimum standard of English
•
ANZSCO level 4 or 5 roles will need to demonstrate that they meet the minimum English language
requirements.
Shorter visa length and stay in New Zealand
•
ANZSCO level 4 or 5 roles paid at or above the required AEWV wage rate, the maximum visa length for
AEWV is reduced to 2 years, with the ability to apply for one more year with a new job check.
•
The total time applicants can stay in New Zealand (also called maximum continuous stay) on one or more
AEWV is reduced to 3 years. When applicants get to the end of their maximum continuous stay, they will
need to leave New Zealand for a specified amount of time usually 12 months.
1
Ministry of Business, Innovation & Employment | Hīkina Whakatutuki
[email address]| Telephone: +64 9 928 2610| s 9(2)(a)
Auckland|Tamaki Makaurau
Mon
Tues
Wed
Thurs
Fri
✓
✓
✓
✓
౪
౫
౬
౭
✓ = In the office
౪
౫
౬
౭
= Working from home X = Not working
3
From:
Jodie Parsons
Sent:
Friday, 17 May 2024 9:20 AM
To:
Neill Rhodes
Subject:
FW: Changes to the Accredited Employer Work Visa (AEWV) [UNCLASSIFIED]
For OIA request
Ngā mihi
Jodie Parsons (she/her)
[email address]
IMMIGRATION MANAGER, CHRISTCHURCH
Ōtautahi Christchurch 2 Visa Operations
Chief Operating Officer Immigration Branch, Immigration New Zealand|Rōpū Manene
Ministry of Business, Innovation & Employment | Hīkina Whakatutuki
From: Alison McDonald <[email address]>
Sent: Sunday, April 7, 2024 1:39 PM
To: s 9(2)(g)(ii)
Cc: Stacy Smith <[email address]>; Abhi Beri <[email address]>; Aija Zvidrina
<[email address]>; Alex Ronquest <[email address]>; Andrew Glover
<[email address]>; Anjana Abayarathna <[email address]>; Annie Brash
<[email address]>; Annie Kim <[email address]>; Bradley De Swardt
<[email address]>; Carey Lambert <[email address]>; Derik Patel
<[email address]>; Garrik Perry <[email address]>; Janakan Karunaharan
<[email address]>; Jeein Kim <[email address]>; Kamal Kumar
<[email address]>; Kate Woodward <[email address]>; Ksenia Pashkevich
<[email address]>; Kylie Hunter <[email address]>; Logan Burrell
<[email address]>; Mary Ann Castro <[email address]>; Priya Madhan Shanmuga
Vijaya Kumar <[email address]>; Priya Prasad <[email address]>; Quintus De Wet
<[email address]>; Richa Taneja <[email address]>; Roger Chandler
<[email address]>; Sophia Rudd <[email address]>; Sreeni Ganji
<[email address]>
Subject: Changes to the Accredited Employer Work Visa (AEWV) [UNCLASSIFIED]
Kia ora koutou
Today the Minister of Immigration, Hon Erica Stanford, announced changes to the Accredited Employer
Work Visa (AEWV). The changes take effect from today and include:
1
•
The duration of the AEWV and Maximum Continuous Stay (MCS) will be reduced for some
lower-skilled occupations.
•
A minimum skills and work experience threshold will be introduced for the AEWV.
•
A minimum English language requirement will be introduced for ANZSCO skill level 4 and 5
roles.
You can view all the changes on the Immigration New Zealand website.
Why AEWV is changing
I’m sure you were all expecting changes to AEWV after the Minister’s public statements about tightening
the AEWV scheme. However, the extent of what's changing may be surprising.
Like many other countries that are attractive to migrants, Aotearoa New Zealand has a duty of care to
provide a safe place to live for those migrants, as well as the people who are already here. These changes
are part of the Government’s efforts to ensure migration levels match our level of infrastructure.
The changes also aim to reduce migrant exploitation, which has generated significant public interest in the
last 12 months.
For INZ, these changes support our efforts to be a good regulator and strike the balance between
facilitation and protection. I appreciate there have been many changes of late, but I hope you’ll agree we’ll
be better equipped to deliver a robust AEWV system with these changes in place.
What it means for you
These changes will impact many people across INZ and the wider MBIE immigration system, as well as our
kiritaki (customers).
The biggest and most immediate impact will be on our engagement partners in our Customer Branch and
our client service advisors in the Customer Service Centre in Te Whakatairanga Service Delivery (TWSD),
who will no doubt begin receiving calls straight away. I know that there is a virtual stand-up planned for
you first thing tomorrow and I thank you for your patience and understanding.
The operational impacts on visa processing may not be felt for a couple of weeks, however there is a lot to
come up to speed with. There are virtual stand-ups on Monday morning for Visa Operations kaimahi who
process AEWV applications in Ōtautahi Christchurch 1 & 2 and Manukau and also for our Risk and
Verification teams onshore and offshore on Monday and Tuesday.
I want to thank you in advance for your patience and assure you the appropriate learning and SOP updates will be
available to support you through the transition. We know it won't be perfect from the get-go, there will be a
number of manual processes in place, until ADEPT enhancements can be made, and processing may take longer,
especially during the implementation period.
There will be support available, regular check-ins, and opportunities to feedback. Please make sure you
share your experiences and feedback so we can take everything into consideration in making adjustments
where we can.
There will also be significant impacts across our kaimahi in Immigration Compliance and Investigations in
TWSD. Many of you will also have meetings with your leaders in the next couple of days to go through the
2
changes and what they mean for you. If you have any questions or doubts about what you need to do,
please talk to you people leader first. They can raise the question further as required.
The ADEPT enhancements to support the Customer online form are taking place today.
Thank you
I want to thank the Digital, Data and Insights teams who are working over the weekend to complete the
ADEPT updates, as well as Ligs Hoffman and her INZ web team in TWSD for the mahi they are doing today
to make sure the INZ website and online forms are updated and ready for our kiritaki.
Many people across the MBIE immigration system have contributed to this mahi in recent weeks, and its
success now rests with many more of you. My heartfelt thanks to everyone carrying out this important
part of the Government’s work programme.
Ngā mihi
Alison
s 9(2)(a)
Alison McDonald OBE (she/her)
DEPUTY SECRETARY – IMMIGRATION | Mana Hautu Rōpū Manene
Immigration New Zealand | Rōpū Manene
Ministry of Business, Innovation & Employment | Hīkina Whakatutuki
[email address] | DDI: +6449133927 | s 9(2)(a)
15 Stout Street, PO Box 1473, Wellington 6140 www.mbie.govt.nz
NZBN 9429000106078
3
AEWV Changes Q&As
For migrants, it will be important to
check whether an English language test
is required and if so, provide this with the
application, and to understand what
they need to provide to show they meet
the minimum skills threshold.
Regarding people who have made
If they made recruitment decisions about 17.04.2024
recruitment decisions about AEWV
AEWV holders or applicants during the
holders or applicants in the past, but do
accreditation period, they are required to
not anticipate making any more, are
do the modules within that accreditation
they required to do the Employment
period, even if they will not be
New Zealand online employer modules? making further recruitment decisions
about AEWV holders or applicants
within that period.
Will applicants who now need to meet
INZ is working through how applications
17.04.2024
English language requirements by taking of this kind will be treated and will
an English test be eligible for an
provide further details when they are
alternative visa if they don’t have time
available.
to do this before their current visa
In general, INZ is not able to provide
expires or the applicable job token is
immigration advice to applicants about
nearing expiry, such as a Visitor Visa?
which visa they should apply for.
Applicants need to consider their options
and carefully consider whether the right
approach is to apply for a different visa to
remain in NZ or to remain outside of NZ
in the interim. If the client decides to
apply for a Visitor Visa they will need to
demonstrate how they meet the
requirements for that visa when they
make their application. The fact that
someone is waiting to take an English
test, in itself, does not mean that a visitor
visa application will be approved. INZ will
assess every application on a case-by-
case basis. Visitor visa requirements are
available on the INZ website.
Do migrants who want to submit a Job
No, they do not.
17.04.2024
Change application need to meet these
new requirements?
Are the minimum skills and suitably
Yes. Subsequent Accredited Employer
17.04.2024
qualified thresholds required to be met
work visa applications applied for using a
2
AEWV Changes Q&As
when a migrant applies for the balance
re-used Job Check number as per
of their AEWV even if they didn’t need
WA4.10.20 must meet the requirements
to be met for their current AEWV?
at WA4 at the time of the application.
Where Bachelor’s degrees or higher can
No. The instruction that allows Bachelor’s 17.04.2024
be considered relevant to any
degrees or higher to be considered
employment (so for example a holder of
relevant to any employment offered, is
degree in information technology meets
only used when determining whether an
the minimum skills for healthcare or
applicant meets the minimum skills
farm positions), does this contradict
threshold. Instructions for determining
WA3.16 which states that an IO will
the occupation and skill level of the job
assess the occupation and skill level in a
are set out separately at WA3.16.
certain manner?
Regarding checking candidates offshore
No. An employer taking reasonable steps
17.04.2024
work experience, will a record of verbal
to ensure a migrant’s work experience
references generally be acceptable
meets the minimum skills threshold must
rather than written references?
sight evidence not written by the migrant
worker themselves. While an employer
may choose to contact the migrant
worker’s references verbally for an
additional level of assurance in their
recruitment processes, they still must
also sight documentation.
Does the change mean that Health Care
The changes to minimum skills and
17.04.2024
Workers who currently meet the
experience requirements will apply to
requirements of the Health Care
applicants under the Care Workforce
Workers Pay Equity Agreement by
sector agreement. Therefore, they will
holding a Level 3 qualification and Level
need to either hold a Level 4 qualification
3 pay rate will now require a Level 4
or demonstrate three years of work
qualification?
experience.
By 'readily trainable’, is this defined as
Readily trainable means being able to be
17.04.2024
the period of relevant experience listed
trained on the job within a reasonable
in the ANZSCO for the role?
period of time. There is no exactly
defined period, but we’d generally
consider people who could be trained on
the job within about six months to be
‘readily trainable’.
Do all AEWV applicants relying on
IQAs must be provided for qualifications
17.04.2024
overseas-comparable level 4 - 6
which are below a Bachelor's degree and
qualifications need an IQA?
from outside New Zealand.
3
AEWV Changes Q&As
Are there any changes regarding interim
No, there are no changes.
17.04.2024
visas for visa applicants under the
AEWV?
What should employers do if they have a Job Checks already in progress at the
17.04.2024
Job Check they now can’t use in time
date of the announcement are still able
due to a planned candidate not meeting
to be used, but any migrants who submit
the new minimum required skill
AEWVs on or after the date of the
threshold?
announcement will need to meet the
new minimum skills threshold
requirement. If employers are not able to
find a suitable migrant prior to the Job
Check expiring but still require a Job
Check, they will need to submit a new
one.
For someone who has completed a
Instructions require that a copy of the
17.04.2024
course but hasn't graduated yet, does
qualification certificate awarded to the
this meet the qualification requirement? applicant specifying the qualification type
and awarding institution be provided as
evidence. However, there may be
instances where an applicant cannot
provide the certificate at the time of
submitting the application. If the person
provides evidence of completing the
course and undertakes to submit the
completed qualification as soon as
possible, this may be taken into
consideration by the Immigration officer.
Does a new Job Check need to be
No. Employers can still use existing Job
17.04.2024
conducted reflecting the new
Checks, but should be aware candidate
requirements even if the existing Job
will have to meet new requirements
Check is still valid?
when they apply for a visa.
Have Work and Income made any
Work and Income have committed to
17.04.2024
commitments to process listings within a getting back to employers about their
certain timeframe?
listings within five working days.
Regarding these changes, what does
A qualification or work experience can be 17.04.2024
'relevance' mean in terms of
considered relevant if it is in the same
qualifications and work experience?
field or industry as the job offered.
This definition of relevance allows
experience within different roles to be
considered relevant – for example
4
AEWV Changes Q&As
experience as a kitchenhand could be
considered relevant to a role as a chef
because they are both in the same
industry.
Qualifications that are Bachelor’s degrees
or higher can be considered relevant to
any employment offered.
In terms of the maximum period of stay,
Where they make an application for a
19.04.2024
it appears that if someone came to New
further AEWV for an ANZSCO Level 1-3
Zealand on a Level 4 or 5 role before
they will be eligible for a MCS of 5 years.
June 2023 (paying at or above the
Further visa will be granted for the
median wage), and now applies for an
balance of the 5 years.
AEWV for a Level 1-3 role, their
maximum duration of stay would still be
three years (WA4.10.7.d.vi). Is this
NOTE: The instruction referred to in the
correct or an oversight?
question is incorrect. WA4.10.7.d.i is the
correct one.
Can I use my bachelor’s qualification
Qualifications that are bachelor's degrees 19.04.2024
despite it not being relevant to my job
or higher can be considered relevant to
offer?
any employment offered as per
WA4.10.6
In what situations will INZ require IQA
It is not required in order the make the
19.04.2024
tests for Bachelor-level qualifications or
application. INZ may ask for an IQA if
higher?
there are concerns with the authenticity
of the document.
Is the guidance on the INZ website
Yes, the guidance on the INZ website is
19.04.2024
relating to the six roles recognised as a
still applicable under the new changes.
higher ANZSCO skill level for SMC,
AEWV, and all temporary work visas still
applicable under the new AEWV
changes?
WA2.10.14(b)(iii) - the employer having
As long as the employer has seen a
19.04.2024
to “reasonably believe” a qualification to qualification and they're satisfied that
be at least NZQCF Level 4, how will this
the person has the skills roughly
be interpreted? How is this related to
equivalent to a NZQCF Level 4, they have
the fact that WA4.10.6 (e)(ii) the IQA is
met their obligations.
in fact required?
Migrants who are relying on an overseas
qualification will need to provide
an IQA with their AEWV application, if
their qualification is not a Bachelor's
5
AEWV Changes Q&As
degree or higher. But the employer does
not need to see the IQA at the Job Check
stage.
Employers who want to be absolutely
sure that their candidate has a
comparable qualification can ask for an
IQA. But we recognise that this is not
practical for a lot of employers during the
recruitment process.
Regarding Level 4 & 5 ANZSCO, it seems
Employers should make sure that their
19.04.2024
that for the AEWV process, candidates
New Zealand advertising including
need to show the same level of work
engagement with Work and Income only
experience or qualification as Level 1 - 3, includes qualifications and skill
e.g. three-year work experience or NZQA requirements that are genuinely required
Level 4 and above qualification - How is
for the role. This will allow Work and
this going to work in practice when
Income to provide candidates for the
employers engage with WINZ for lower-
role.
skilled occupations that do not require
Also, employers are not required to apply
this level of experience or qualifications
the new skill threshold to New Zealand
i.e. can employers ask WINZ to ensure
applicants. The role can be advertised
the 3 year or level 4 & above qual
with a lower skill threshold when testing
requirement is met?
the domestic labour market and it’s ok
for the advertising submitted at the job
check to reflect this.
For Level 4 and 5 roles, would employers No, as this is a requirement for the
19.04.2024
always need to specify in their
migrant and not for any New Zealander
advertisements that they require either
who applies. The advertising needs to list
a minimum of 3 year’s relevant work
the requirements of the role the
experience or level 4 qualification?
employer is trying to fill.
Will INZ determine the ANZSCO match in Primarily at Job Check. There generally
19.04.2024
the course of the job check, or the
will not be a requirement to check
AEWV Application, or both?
ANZSCO for AEWV.
What happens if the job check accepts
Instructions require the ANZSCO level to
19.04.2024
the ANZSCO match as skilled (i.e.;
be determined at the Job Check level.
ANZSCO 1,2 or 3) however in the AEWV
Where employers are consistently
assessment the new Immigration Officer inflating jobs it may impact the
takes a different view?
assessment of job checks for them in the
future.
For a Job Check for a Level 4 or 5 role
Yes this is correct. If the Job Check was
19.04.2024
that was approved before 7 April, is it
submitted before the 7th of April, the
6
AEWV Changes Q&As
correct that a) the job token can still be
employer does not need to go back and
used if the applicant can satisfy the new
complete further advertising to make up
requirements and b) engagement with
21 days and they do not need to engage
Work and Income does not need to
with WINZ. And yes, the AEWV applicant
occur?
needs to meet the English language and
other requirements if they are applying
for their visa on or after the 7th of April.
WA4.10.6(f)(ii) refers to “twice the
They do not need to meet the minimum
19.04.2024
median wage or higher”. Where the
skills threshold but they still need to
employment offer is for twice the AEWV
meet the requirements of the role set by
median wage the employer is deemed to the employer.
have taken reasonable steps to ascertain
suitability/qualification for the role
where either the employee is asked to
undertake a practical test, or
interviewed, or has relevant occupation
registration. Is it therefore correct that
there is no requirement for these roles
to show any qualification or experience
in the AEWV application?
WA4.10.6(c) says "Qualifications that are Qualifications that are bachelor's degrees 19.04.2024
bachelor’s degrees or higher can be
or higher can be considered relevant to
considered relevant to any employment
any employment offered as per
offered.", does this mean for AEWV
WA4.10.6.
application, candidates who hold
Bachelor of Arts can apply for a job to
work as a chef (for example), and the
suitably qualified requirements will be
met?
Do applicants need to meet English and
Yes as they are technically a new
19.04.2024
skills requirements to now qualify for
application, the Note under WA4.10.20
the balance (if they previously
states: Note: Subsequent Accredited
qualified)?
Employer work visa applications applied
for using a re-used Job Check number as
per WA4.10.20, must meet the
requirements at WA4 at the time of the
applications.
Are English language requirements
There is nothing in instructions at
19.04.2024
required for migrants doing a Job
E3.26.20 that indicates they will need to
Change?
meet English language requirements, as
this isn't a new visa application.
7
AEWV Changes Q&As
In determining minimum skills threshold
No, this does not need to be consecutive. 19.04.2024
of relevant three years’ work
experience, does the experience need to
be consecutive?
For example, a migrant may have
accumulated 24 months' experience,
took a career break for 12 months, and
returned to the workforce and
accumulated another 12 months.
Will employers still need to undertake
Where the job is on the Green List (and
19.04.2024
‘reasonable steps’ to ensure the
the employer has ensured that the
applicant is ‘suitably qualified’ and
migrant meets those requirements) OR if
meets the ‘minimum skills threshold’
the job pays twice the median wage or
requirement if the role they’re offering
higher and the employer has taken steps
pays at least twice the median wage
to ensure they’re suitably qualified, then
and/or on the green list?
the employer will be considered to have
taken ‘reasonable steps’ to ensure that
the applicant meets the minimum skills
threshold and is suitably qualified to do
the work on offer (WA2.10.14d)
To ensure that a migrant is ‘suitably
qualified’, the employer must either -
-require a practical test of the person, OR
-require the person to demonstrate their
knowledge through a job interview, OR
-sight evidence that they hold
occupational registration for the job.
Would INZ recommend to migrants who
We will require both the qualification and 19.04.2024
wish to apply for an AEWV based on
the associated IQA when the person
their non-degree level qualification, to
applies for their AEWV. We require
obtain an IQA as soon as possible and
AEWVs to have complete documentation
send this to INZ to save on their file to
and will generally not hold applications
avoid delays?
open while people collect documents
such as IQAs or Police Certificates.
WA4.10.6 g. If a previous AEWV
We can consider work experience that
19.04.2024
application was assessed showing one
was supplied as part of previous
year of experience; for the next
applications without having to sight it
application for the same role will we
again.
need to show three years, a further two
years, or will the previous assessment
8
AEWV Changes Q&As
suffice (i.e. as demonstrated suitably
qualified with one year previously, do
we now need to prove three years?)
WA4.10.6. Can part-time experience be
Yes.
19.04.2024
counted towards proving the required 3
years’ experience? E.g. 15 hours a week
pro-rated so two years would be
equivalent to one year full time?
WA4.10.6 c. Is the Level 7 bachelor’s
It can be any Bachelor’s degree from any
19.04.2024
degree referred to at WA4.10.6 c. any
country, although INZ reserves the right
bachelor’s degree from any country, or
to request an IQA if there are any
does it need to be recognised on
concerns about the degree.
Appendix 3, or NZQA assessed?
For Level 4 & 5 roles recognised as a
For the six roles that are recognised as a
19.04.2024
higher skill level (such as Aged or
higher skill level, employers would not
Disabled Carer; Driller & Bicycle
need to go through W&I or advertise for
Mechanic) would employers need to go
21 days.
through W&I and advertise for 21
days?
How would the minimum skills threshold Minimum skills thresholds apply
19.04.2024
and suitably qualified requirement be
regardless of ANZSCO skill level of the
assessed for the six Level 4 & 5 roles
role, the only carve outs are for
‘recognised as a higher skill level’?
occupations on the Green List or earning
twice the median wage.
To be suitably qualified, an employer
must be satisfied that a person meets the
criteria for their role. In the case of those
occupations, to be recognised as a higher
skill level, the requirements of the role
must be consistent with the ANZSCO skill
level 3 version of that occupation.
ANZSCO skill level 3 also requires three
years of work experience or a level 4
qualification.
So for these occupations, the minimum
skills threshold and suitably qualified for
the role criteria both require the same
thing.
Can the advertising period for lower-
Yes. However, employers must ensure
19.04.2024
skilled roles be considered non-
the job check is submitted within 90 days
9
AEWV Changes Q&As
consecutive before submitting a job
of the periods of advertisements,
check application?
including if the role needed to be
advertised with W&I.
For example, if the employer has already
advertised for 14 days and was ready to
submit a job check application before
the changes, can they do a further
advertisement for another 14 days and
advertise with W&I?
For
approved Level 4 and 5 job checks, if No.
19.04.2024
the employer did not engage with W&I,
must they now go back to WINZ now?
Would the holder of a five-year AEWV
No, visa duration cannot be affected by a
19.04.2024
working in a Level 4 or 5 role lose their
job change.
five year MCS if they got a job change?
If an applicant is currently on a two or
Where they make an application for a
19.04.2024
three-year Work Visa (e.g. skill level 4-5)
further AEWV for and ANZSCO Level 1-3
and they get a new job offer at a higher
they will be eligible for a MCS of 5 years.
level (1-3) can their visa based on that
Further visa will be granted for the
new role be granted to the full five years balance of the 5 years.
(including time already spent on their
If they leave New Zealand but do not stay
previous level 4 or 5 role)?
outside of New Zealand for more than 12
Similarly, if they reach the maximum
months they can return on a AEWV with
amount of time on a lower-skilled visa,
a skill level 1-3 for the balance of the 5
and depart the country, can they return
years.
based on a higher-level job offer or does
the no-return period apply to any
further AEWV no matter the skill level?
10
