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New Open Work Rights for Migrants’ Partners Starting Dec 2024

New Open Work Rights for Migrants’ Partners Starting Dec 2024

Introduction

From 2 December 2024, New Zealand will implement significant changes to its immigration policies, offering open work rights to a broader range of partners of migrant workers. These changes aim to attract skilled labor, address sector-specific labor shortages, and provide stability to families. This article explores the details of the updated policy, covering eligibility criteria, key sectors affected, and step-by-step instructions for securing New Zealand Work Visas under the new regulations.

Understanding Open Work Rights

Open work rights allow visa holders to work for any employer in New Zealand, removing restrictions tied to specific job offers or employment conditions. This change empowers migrant workers’ partners to actively contribute to the workforce, fostering greater flexibility and family unity.

Key Changes Effective 2 December 2024

The revised visa regulations will significantly broaden access to open work rights. Below are the primary eligibility categories:

1. Partners of AEWV Holders in ANZSCO Level 1-3 Roles

  • Occupation Level: Australian and New Zealand Standard Classification of Occupations (ANZSCO) Level 1-3
  • Minimum Wage Requirement: NZD $25.29 per hour (80% of the median wage)
  • Impact: This change helps partners of workers in high-skilled roles to join the workforce without additional constraints.

2. Partners Supported Prior to 26 June 2024

  • Partners of Accredited Employer Work Visa (AEWV) holders earning at least NZD $25.29 per hour will remain eligible if they were supporting a partner visa on or before 26 June 2024.

3. Partners of Essential Skills Work Visa Holders

  • Minimum Wage Threshold: NZD $25.29 per hour
  • Additional Flexibility: Partners of Essential Skills visa holders are now eligible for open work rights, which were previously limited.

Also read: How to Write a Standout Relationship Support Letter for NZ Immigration?

Expanded Access for Partners of AEWV Holders in Lower-Skilled Roles

For AEWV holders working in ANZSCO Level 4-5 occupations, open work rights are available under specific conditions:

1. High-Wage Threshold

  • Earnings Requirement: NZD $47.41 per hour (150% of the median wage)

2. Green List Roles

  • Wage Requirement: NZD $31.61 per hour
  • Green List Requirements: Occupation must be listed on the Green List, which identifies roles with severe shortages in New Zealand.

3. Transport or Care Sector Agreements

  • Wage Requirement: NZD $25.29 per hour (or the amount specified in the sector agreement, whichever is higher)
  • Sector-Specific Conditions: Open work rights align with labor agreements addressing shortages in transport and care industries.

What is ANZSCO?

ANZSCO (Australian and New Zealand Standard Classification of Occupations) is a system used to categorize occupations by skill level, ranging from Level 1 (most skilled) to Level 5 (least skilled).

Partners of AEWV holders working in roles at Levels 1-3 gain easier access to open work rights, while those in Levels 4-5 must meet higher wage requirements or align with sector agreements.

Applying for Open Work Rights

Step 1: Confirm Eligibility

  • Check ANZSCO Level: Identify the skill level of the AEWV holder’s occupation using the ANZSCO classification system.
  • Verify Wage Criteria: Ensure that the AEWV holder meets the required wage thresholds for their occupation level.

Step 2: Apply for a Variation of Conditions

Current partners on restricted work visas can apply for a variation of conditions starting 2 December 2024. This allows them to switch to open work rights if they meet the eligibility criteria.

Step 3: Submit a New Visa Application

If your visa conditions cannot be varied, or if you are applying for the first time, submit a new work visa application through Immigration New Zealand’s portal.

Benefits of Open Work Rights for Partners

1. Improved Family Stability

Families can stay together without compromising employment opportunities for partners.

2. Attracting Skilled Workers

Employers benefit from increased access to skilled labor, encouraging long-term migration.

3. Economic Contribution

Partners can work in various sectors, contributing to New Zealand’s economic growth and filling critical labor shortages.

Conclusion

The upcoming immigration changes represent a significant shift in New Zealand’s approach to migrant workers and their families. By expanding access to open work rights, the government aims to attract skilled talent, retain workers, and address labor shortages in critical sectors. Partners of migrant workers now have greater opportunities to contribute to the economy while ensuring their families remain united.

From 2 December 2024, eligible partners can apply for open work rights, ushering in a new era of flexibility for migrant families in New Zealand. Ensure you meet the criteria and begin the application process early to benefit from these expanded opportunities.

FAQs

1. What are open work rights?

Open work rights allow the visa holder to work for any employer in New Zealand without specific employment restrictions.

2. Who qualifies for open work rights from 2 December 2024?

Partners of AEWV and Essential Skills visa holders meeting ANZSCO skill level and wage requirements are eligible.

3. How do I find the ANZSCO level of my partner’s occupation?

You can access the ANZSCO classification system through Immigration New Zealand’s official website to determine the relevant skill level.

4. What if my partner’s wage does not meet the new thresholds?

Partners of AEWV holders in Green List roles or those aligned with sector agreements may still qualify under alternative wage criteria.

How Immigration Chambers Can Help?

Immigration Chambers offers expert assistance with New Zealand’s Partnership and Open Work Visas. We assist you at every stage to guarantee a seamless and successful application process. Book a consultation with our Immigration Adviser Auckland now and take the first step toward securing your work rights.