New Zealand Expands Open Work Rights for Partners of Migrant Workers Starting December 2024

The New Zealand Government has announced significant changes to immigration policy that will positively impact the families of migrant workers. Starting December 2, 2024, more partners of migrant workers will gain open work rights, allowing them to seek employment with any employer in New Zealand.

This initiative aims to strengthen family unity and address critical skill and labor shortages across various sectors in the country.

Bankside Immigration — Open Work Rights Eligibility for Partners of Workers in New Zealand

What Are Open Work Rights?

Open work rights refer to the permission granted to visa holders to work for any employer in New Zealand without the need for a specific job offer or sponsorship. This flexibility not only enhances the employment opportunities for partners of migrant workers but also contributes to the overall economic growth by filling essential roles in the labor market.

Eligibility Criteria for Open Work Rights

From December 2, 2024, the following categories of partners will be eligible for open work rights:

1. Partners of Accredited Employer Work Visa (AEWV) Holders

Occupational Level: Partners must be linked to AEWV holders working in Australian and New Zealand Standard Classification of Occupations (ANZSCO) Level 1-3 roles.
Wage Requirement: The primary visa holder must earn at least NZD$25.29 per hour, which is 80% of the standard median wage.
Existing Support: Partners who were already supporting a work visa holder as of June 26, 2024, and meet the earning criteria can also apply.

2. Partners of Essential Skills Work Visa Holders

Wage Requirement: Must earn at least NZD$25.29 per hour.

3. Partners of AEWV Holders in ANZSCO Level 4-5 Roles

Higher Wage Thresholds:
- Earning at least NZD$47.41 per hour (150% of the standard median wage).
- Earning at least NZD$31.61 per hour in roles listed on the Green List and meeting specific role requirements.
- Earning at least NZD$25.29 per hour in roles under Transport or Care Sector Agreements, or the wage specified in the sector agreement, whichever is higher.

Understanding ANZSCO Skill Levels

ANZSCO classifies occupations based on skill levels ranging from 1 to 5, with Level 1 being the most skilled and Level 5 the least. Here's a brief overview:

Level 1: Highly skilled roles requiring extensive qualifications and experience.
Levels 2-3: Skilled positions that may require specific training or certifications.
Levels 4-5: Occupations that require less formal education and training.

For a detailed understanding of ANZSCO skill levels and to determine your specific classification, visit the ANZSCO website.

Note: ANZSCO will be replaced. Statistics New Zealand will be introducing a new New Zealand classification system called the National Occupation List (NOL).

How to Apply for Open Work Rights

If you meet the eligibility criteria, you can apply for a variation of your current visa conditions or apply for a new work visa starting December 2, 2024. Here's a step-by-step guide:

Check Eligibility: Ensure you fall under one of the eligible categories and meet the wage requirements.
Gather Documentation: Prepare necessary documents, including proof of your partner’s visa status, employment details, and income statements.
Submit Application: Apply online through the Immigration New Zealand website.
Await Decision: Processing times may vary, so it's advisable to apply well in advance of the December 2 deadline.

Benefits of Open Work Rights

For Families

Family Unity: Partners can live and work together without restrictions, fostering a more stable and supportive family environment.
Economic Stability: Dual incomes can provide greater financial security for families.

For Employers and the Economy

Addressing Labor Shortages: Open work rights enable partners to fill vital roles in sectors facing skill and labor shortages, such as healthcare, construction, and technology.
Attracting Skilled Workers: Enhanced family support makes New Zealand a more attractive destination for skilled migrants, helping to sustain the country’s economic growth.

Impact on the New Zealand Labor Market

The introduction of open work rights for partners of migrant workers is expected to have a substantial positive impact on the labor market. By allowing partners to work freely, the policy not only supports family cohesion but also leverages the full potential of migrant households to contribute to the economy. This move is particularly strategic in sectors where there is a high demand for skilled labor, ensuring that New Zealand remains competitive and can meet its economic goals.

Frequently Asked Questions (FAQs)

1. Can all partners of migrant workers apply for open work rights?

No, only partners of AEWV holders and Essential Skills work visa holders who meet specific wage and occupational criteria are eligible.

2. What is the ANZSCO Level, and why is it important?

ANZSCO levels classify occupations based on skill and qualification requirements. They determine the eligibility for various visa categories and work rights.

3. When can I apply for open work rights?

Applications can be submitted from December 2, 2024, provided you meet the eligibility criteria. In the interim INZ will approach the existing applications in a practical manner.

4. Do I need a job offer to apply for open work rights?

No, open work rights allow you to work for any employer without needing a specific job offer.

Conclusion

The New Zealand Government’s decision to expand open work rights for partners of migrant workers represents a significant reversal of previous policies in this area. The current restrictions were introduced because the government did not accept the industry's arguments that such changes would make the migrant labor market less attractive and would not foster family unity or address critical labor shortages.

By enabling partners to work freely, New Zealand not only supports the well-being of migrant families but also enhances its ability to attract and retain the skilled workforce necessary for sustained economic growth.

If you or your partner are currently on an AEWV or Essential Skills work visa, review the eligibility criteria and prepare your application to take advantage of these new opportunities starting December 2, 2024. For more detailed information and assistance, feel free to contact us directly.

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Tags: Immigration NZ, Open Work Rights, Migrant Workers, Family Unity, ANZSCO, New Zealand Jobs, Skilled Migration, Labor Shortages