Variation of condition and partnership visa changes

• Published date: 06 December 2022
• Subject Matter: Immigration, Work Visas
• Law Firm: Cavell Leitch
• Author: Mr Shi Sheng Cai and Jackson Hagen

Immigration New Zealand (INZ) have released:

• a new policy that will allow an Accredited Employer Work Visa (AEWV) to be varied;
• an updated policy to allow an Essential Skills work visa (ESWV) to be varied; and
• an update, delaying changes to the eligibility of Partnership work visas supported by AEWV holders.

The AEWV and ESWV variation of condition policy changes are effective from 5 December 2022.

Varying an Accredited Employer Work Visa

A Job Change application can be used to vary the employer, occupation and location condition on an AEWV. A single condition or a combination of conditions on a AEWV can be varied. A Job Change application can be submitted via the form here. AEWVs can only be varied to allow holders to work for an accredited employer.

The requirements for a Job Change application are as follows:

1. A valid approved Job Check token is available that matches the parameters of the new employment. For example, if a AEWV holder needs to vary the employer and location condition on their AEWV, a Job Check token will need to be available for the new employer, in the same role and in a new location.
2. If the role/occupation condition on an AEWV is being varied evidence will need to be provided to confirm that a the AEWV holder is able to meet suitably qualified requirements set in the Job Check application that generated the token used for the Job Change application.
3. A copy of the new employment agreement and job description.
4. A copy of the AEWV holder's passport.
5. A completed online form.

AEWVs that are being varied to work in roles that pay below median rate (in effect when a Job Change application is submitted) will only be granted for roles that have exemptions. The validity of the varied visa will be equal to or less than the maximum duration allowed for under renumeration exemption policy. In additional, a Job Change for a role that has a renumeration exemption will not exceed the period allowed for under renumeration exemption policy.

Essential Skills Work Visas

An ESWV can be varied if a new labour market test is completed unless:

1. The occupation is on the Essential Skills in Demand list and associated requirements are met; or
2. The occupation is on the Green List and associated requirements are met; or
3. The ESWV holder will be paid twice the median wage rate.

Significant changes within this policy are that...