The Essential Skills Work Visa (ESWV) and Accredited Employer Work Visa (AEWV) holders who put in an application for a new Partner of a Worker Work Visa in New Zealand might be subject to revised employment restrictions on the visa starting on June 1, 2023. These criteria are not applicable to existing work visa holders or those who apply on or before May 31, 2023; they will merely be applied to new applicants. Further, the terms of visas for partners of people on other kinds of visas, such as a New Zealand Post-Study Work Visa, remain unchanged.
These modifications are a part of the New Zealand federal government's effort to restore equilibrium to its immigration system in promoting economic growth with increased productivity and wages. However, the partner's current work visa status will not be impacted by this move. Also, the bare minimum number of hours that partners must work is also not mandated.
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Partner of a worker work visa NZ is a category of visa that is typically requested by those who want to travel with or join their partner who has a work visa or who has filed for one. The bearer of a work visa may employ their partner in New Zealand with this visa.
New Zealand spouse visa processing time for Indians is nearly 49 days with a visa fee of NZD 700 (approx. INR 36,330). Furthermore, the stay is for the same period as the partner's work permit. With this visa, applicants can do the following things:
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Study in New Zealand (for up to three months)
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Work in New Zealand
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Join their partner living/working in New Zealand
Note: To be eligible for this visa, partners are not required to have a job offer, and employers are not obligated to perform an employment check. If approved, partners are free to switch jobs without submitting a Variation of Conditions request.
Migrant Worker Partners' Work Conditions
After May 31, 2023, those who are granted an NZ Partner of a Worker Work Visa may be subject to the following prerequisites:
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They are only permitted to work for accredited employers.
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They are unable to perform jobs covered under agreements for the capped industry.
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If performing a job covered by an uncapped industry agreement, they must obtain compensation that is at least equal to the applicable wage benchmark.
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They must also be compensated not less than the average hourly rate in effect at the time they acquire their work visa, or when they are offered a job offer, whichever comes first if they are performing work that is not covered by a particular industry agreement.
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Partners Who are Highly Paid or Listed on the Green List are Exempt
Certain partners of AEWV or ESWV holders will still be qualified for work visas that do not require the minimum wage requirement and permit them to pursue employment in any job for any business in New Zealand. Included are the partners:
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migrants who earn not less than twice as much as the average pay, or
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migrant workers who hold positions on the Green List
These exceptions also cover immigrants who previously did not fit these criteria but have now done so due to an increase in compensation or their position having been included in the Green List. A petition for a Partner of a Worker Work Visa in New Zealand or a request for an Essential Skills Work Visa Variation of Conditions will both require proof of eligibility.
A Partner Work Visa Cannot be Supported by all Holders of an AEWV and an ESWV
A partner work visa cannot be supported by AEWV bearers who are covered by an industry-specific agreement and earn less than the average pay. Also, the work visa cannot be supported by ESWV holders who earn less than the average hourly rate (or who are lower-skilled if their visa application was submitted before July 27, 2020).
They could be eligible to sponsor their partner's application for an NZ work visa if they are given an increase in salary that lifts their income to at least the average level. Whether they wish to have their eligibility for a more prolonged employment visa to be determined based on the higher wage, they are not required to submit an application for a new work visa to support a partner. This is attributed to the fact that partners typically acquire visas that are valid for periods equal to those of their contributing partner's employment.
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Who is Not Eligible to Support Family Visas?
If you possess any of the following categories of visas, you are not eligible to sponsor a work, visitor, or New Zealand student visa for your partner or dependant child:
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Domestic Staff of a Diplomat work
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Fishing Crew work visa
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Limited visa under schemes such as the Supplementary Seasonal Employer (SSE) or Recognised Seasonal Employer (RSE)
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Silver Fern Job Search visa
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Working holiday visa
Also, the partners of temporary employees might look for alternative visas to check if they qualify to apply on their own. For partners who do not want to work in New Zealand, a Visitor Visa can be requested.
Source: Money Control
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