 Detailed information about changes to the Essential Skills policy is now available. The amended policy applies to all Essential Skills applications made from 28 August 2017. Changes to the Essential Skills work visa policy were announced on 27 July 2017, following an extensive round of consultation. These support changes already announced to the residence Skilled Migrant Category (SMC). Changes to SMC and Essential Skills policies will both be implemented on 28 August 2017. The Essential Skills changes are designed to maintain employer access to temporary migrant workers when there are genuine shortages, while reinforcing the temporary nature of work visas and reducing expectations of settlement from temporary migrants with no pathway to residence. The changes to the Essential Skills work visa category include:
Frequently asked questions: What are the changes? The changes apply to all applications made on and after 28 August 2017. There are 3 key changes from the existing Essential Skills policy:
When do the changes take effect? The amended immigration instructions come into place on 28 August 2017. The changes do not affect existing Essential Skills visa holders until they apply for their next Essential Skills visa. Remuneration bands How many skill bands are there? There are 3 skill bands: lower-skilled, mid-skilled, and higher-skilled. The remuneration offered and ANZSCO level of an occupation is assessed to determine the applicable skill band. Australian and new Zealand Standard Classification of Occupations (ANZSCO) What are the skill band thresholds? The following table outlines the remuneration and ANZSCO levels associated with each skill band. The mid-skilled remuneration rate of $19.97 per hour equates to $41,538 per year, based on a 40 hour work week.
What visa conditions apply to each skill band level? The skill band determines the maximum visa length and whether your partner or dependent child(ren) will be able to apply for visas on the basis of their relationship to you. Note: If your employment contract is for a period of time less than the maximum visa duration, your visa will be valid for the length of your employment contract.
When will the remuneration thresholds be updated? The remuneration thresholds will be updated in November each year, based on New Zealand income data. My job is classified as ANZSCO skill level 4, can I still be classified as mid-skilled? No. ANZSCO skill level 4 or 5 roles can only be higher or lower-skilled. How are the remuneration rates calculated? To ensure the skill bands are applied consistently, remuneration will be calculated on the basis of payment per hour. A number of common payment scenarios are described below.
Do employers still need to pay the market rate?
Yes, the Essential Skills policy still requires remuneration to be at least the market rate. My employment agreement includes deductions, how are these factored into the remuneration calculation? Reasonable, agreed deductions (for example, for accommodation, goods and services) will be included when calculating whether a particular remuneration threshold has been met. The calculation of remuneration will not include allowances, such as tool or uniform allowances, or bonuses which are dependent on performance. Maximum stay Who is subject to the requirement to spend time out of New Zealand after 3 years (subject to a stand-down period)? The 3 year maximum stay only applies to those granted an Essential Skills visa on the basis of lower-skilled employment. After holding Essential Skills visas granted on the basis of lower-skilled employment for 3 years, you are subject to a stand down period. When you are subject to a stand-down period, you must spend 12 consecutive months outside of New Zealand before you can be granted a further Essential Skills visa that allows lower-skilled employment. Spending 12 consecutive months outside of New Zealand is the only way to satisfy the stand-down requirement. Holding a different type of visa for 12 months or spending 12 non-consecutive months outside New Zealand does not reset the 3 year maximum. Can I apply for a further visa if I am subject to a 12 month stand-down? Yes. The 12 month stand-down only prevents you from being approved another Essential Skills work visas for lower-skilled work. If you are subject to a stand-down period you can still apply for another type of visa, or an Essential Skills work visa based on mid- or higher-skilled employment. Does time spent in New Zealand on visas from before the policy changed count towards the maximum duration? No. Only visas for lower-skilled employment applied for from 28 August 2017 count towards the 3 year maximum. Family members Do the changes impact the ability of visa holders undertaking mid- or higher-skilled work? No. Family members of Essential Skills visa holders undertaking mid-or higher-skilled work are still eligible for visas based on their relationship to the Essential Skills visa holder. Are there special arrangements in place for family members already in New Zealand? Yes. Family members who already hold a visa on 28 August 2017 on the basis of their relationship to a lower-skilled Essential Skills work visa holder may continue to be eligible for a visa on the basis of their relationship, until the Essential Skills visa holder is subject to a stand-down period. Can family members come and visit or apply for work visas in their own right? Yes. Family members of Essential Skills visa holders engaged in lower-skilled work can apply for work, student or visitor visas in their own right. Applicants will need to meet the requirements for the visa, including the requirement that they demonstrate they are bona fide applicant. Are there special arrangements for family members of students, or ex-students? Essential Skills visa holders who are undertaking lower-skilled work and previously held a student visa can support visas for their partner or dependent child(ren) if they meet the following criteria:
Other frequently asked questions Are any changes being made to the labour market test? No. Employers must continue to make genuine attempts to attract and recruit New Zealand citizen or resident workers. For roles that are not on a skill shortage list, that includes advertising and other recruitment efforts. Roles that are ANZSCO skill level 4-5 must continue to be listed with Work and Income. Advertising with Work and Income I submitted an Essential Skills visa application but it hasn’t been decided yet. What should I do? All applications made before 28 August 2017 will be assessed against the immigration instructions that were in effect at that time. Any visa conditions imposed will also be in line with the immigration instruction in effect at the time of the visa application was made. My employer has an approval in principle. Does this affect my application? If your employer’s approval in principle request was granted prior to 28 August, then the length of your visa will be granted in line with the conditions stated on the approval in principle. If you are applying for a visa to undertake lower-skilled work, your partner and/or dependent children will be unable to apply for visas based on their relationship to you, regardless of when your employer’s approval in principle was granted. Time spent working on a visa granted as a result of an approval in principle awarded prior to 28 August 2017 does not count towards the 3 year maximum stay for workers in lower-skilled roles. How will employers be able to source the skills they need under the proposals? Immigration policy is premised on a New Zealanders first approach and employers are required to ensure they are doing all they can to train and employ New Zealanders. Provided employers can demonstrate there are no New Zealanders available, they will still be able to recruit temporary migrant workers. If the employment offered is lower-skilled, an individual visa holder will only be able to stay for a maximum of 3 years before having to upskill, apply for a different or higher skilled type of visa, or depart New Zealand. Employers are not prevented from supporting a new visa application to fill the vacancy. Source: www.immigration.govt.nz If you wish to discuss any of these changes make sure to get in contact and arrange a consultation with our licensed adviser - www.easyvisa.co.nz
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 Detailed information about changes to the Skilled Migrant Category is now available. The amended policy comes into effect on 28 August 2017. Changes to the Skilled Migrant Category were announced on 19 April 2017 and will be implemented on 28 August 2017. The Skilled Migrant Category changes are designed to ensure we are attracting migrants who bring the most economic benefits to New Zealand and to improve the skill composition of people gaining residence under the Skilled Migrant Category. The changes to the Skilled Migrant Category include:
Frequently asked questions: Why is the Skilled Migrant Category (SMC) changing? The Government is committed to ensuring our immigration settings best support the economy and the labour market. These changes are designed to improve the skill composition of the SMC and ensure that it prioritises higher-paid and higher-skilled migrants. How is the SMC changing? The SMC is changing to improve the skill composition of people gaining residence under the Skilled Migrant Category and ensure we attract migrants who bring the most economic benefits to New Zealand. The changes affect many aspects of the policy, including:
Some points factors are also being removed: Points for employment, work experience and qualifications in identified future growth areas, as well as points for qualifications in areas of absolute skills shortage and points for close family in New Zealand. When will the changes come into effect? On 28 August 2017. Are the changes designed to allow fewer people to be granted residence under the SMC? While there will be an impact on some people in lower-paid employment, the changes expand the definition of skilled employment to allow some people to gain residence who have previously been unable to claim points for their employment in New Zealand – people who are not currently considered to be in skilled employment because their job is not in an Australian and New Zealand Standard Classification of Occupations (ANZSCO) skill level 1, 2 or 3 occupation will be able to claim points for their job if they meet the relevant remuneration threshold. Will particular types of applicants benefit from the changes? The changes put more focus on skilled work experience, more recognition of skill levels in the 30-39 age group and high remuneration levels. Are there any changes to the health, character or English language requirements? No. Will the selection point change when the new SMC comes into effect? No, the selection threshold for Expressions of Interest when the new SMC comes into effect will be 160 points. The selection point is able to be adjusted by the Minister of Immigration as necessary for the overall planning range of the New Zealand Residence Programme, so the selection point may change from time to time. Has the process for applying for residence under the SMC changed? No, the process for applying has not changed. There are four steps:
What requirements are changing under the SMC? How will this affect the points awarded? The number of points that people can claim for criteria under the SMC has changed. New requirements may also need to be met to gain these points. What are the specific changes in each policy area? Skilled employment The key changes for skilled employment points are:
Bonus points will be available for applicants whose remuneration is at or above $46.98 per hour, which equates to a salary of $97,718 per year based on a 40 hour week. The remuneration requirements will be updated in November each year, based on New Zealand income data. The same number of points will be awarded for offers of skilled employment in New Zealand or current skilled employment in New Zealand.
For all occupations, training and experience requirements can also be met by the following: if the employment is in an occupation included on the Long Term Skill Shortage List (LTSSL) and the applicant meets the relevant requirements specified in column three for that occupation, or the employment is in an occupation that requires New Zealand registration by law to be undertaken and the applicant holds evidence of full or provisional registration in that occupation in New Zealand. Long Term Skill Shortage List (LTSSL) How will INZ work out whether my remuneration is above the threshold? INZ will assess your remuneration based on your employment agreement or offer of employment, and may request further information about your pay and hours of work if this is required. We will calculate remuneration based on payment per hour. Each hour of work must be paid above the applicable per hour remuneration threshold. If your employment agreement specifies payment other than by hour (such as by salary), we will calculate the payment per hour by dividing the annual salary by 52 weeks, followed by the number of hours that will be worked each week. If your employment agreement specifies a range of hours, the maximum hours will be used to calculate whether the remuneration threshold is met. If your employment agreement specifies payment by salary and the hours of work vary, we may request evidence of the range of hours to assess whether the different hours worked would result in the per hour rate of pay being below the remuneration threshold. To work out if you meet the remuneration threshold, we will exclude employment-related allowances (for example tool or uniform allowances) and bonuses which are dependent on performance and include: the agreed value of any reasonable deduction from the your salary or wages for goods or services; and in the case of accommodation provided in connection with your employment: the agreed value of any reasonable deduction from the your salary or wages for that accommodation; or if accommodation is provided by your employer, and there is no deduction from your salary or wages for that accommodation, the market rental value of the accommodation provided; or if an accommodation allowance is provided, the amount of that allowance. Will the remuneration thresholds change? The remuneration thresholds will be reviewed in November each year, based on information from New Zealand income data. Skilled work experience The key changes for skilled work experience points are: More points are available for skilled work experience.
Qualifications, age and partner’s qualifications
Can my application under the SMC be approved if I do not have skilled employment in New Zealand? To be approved residence, an applicant needs to have either skilled employment in New Zealand (or an offer of skilled employment), or a Master’s degree or Doctorate gained after two years of study in New Zealand. If you are assessed as having sufficient points to meet the selection threshold, and you meet health, character and English language requirements, but do not have skilled employment in New Zealand (or a Master’s degree or Doctorate gained after two years of study in New Zealand), we will defer the decision on your application and invite you to apply for a job search visa. This job search visa will allow you to look for skilled employment in New Zealand. The decision on your residence application will be deferred while you look for skilled employment. How long can I be in New Zealand on the job search visa? If you meet the requirements for of the job search visa policy and are already in New Zealand, you will be granted a job search visa valid for 9 months. If you meet the requirements of the job search visa policy and you are outside New Zealand you will be granted a job search visa valid for 12 months. If I don’t get a skilled job within that timeframe, what will happen to my resident visa application? Your application for residence under the SMC will be declined. Can I bring my family with me on the job search visa? No, the job search visa will only be granted to the principal applicant. I have employment in New Zealand and the pay for my job is below the threshold, however I am expecting a pay increase – can I submit my Expression of Interest (EOI) now? You should wait until your pay is above the minimum remuneration threshold. If you claim points for your job in your EOI but your pay is below the threshold, points will not be awarded. In which areas will points no longer be awarded? Points will no longer be awarded in the following areas:
What will happen to these under the new policy settings? These lists are both being removed from Immigration New Zealand’s Operational Manual as they are no longer relevant. Will there be different remuneration thresholds in different regions of New Zealand? No there is no regional variation. The remuneration threshold will be the same throughout New Zealand. Will the new policies affect the way that student visas or post study work visas are assessed? No. The changes apply to the SMC residence policy. They do not affect the assessment of student visas or post study work visas (including graduate job search or employer assisted). I’m currently studying towards a PhD, which I expect to complete soon. However, even without points for my PhD or for skilled employment, I think I’m eligible for at least 100 points. Can I submit an Expression of Interest now? You may wish to wait until you’ve finished your studies, before submitting your EOI. You can submit an EOI, however you will also need to meet the selection threshold to have your EOI assessed and to be invited to apply for residence. After submission to INZ, EOIs remain valid for six months only. Additionally, an application for residence under SMC cannot be approved unless you have skilled employment, or have completed and been awarded a Doctorate or Master’s degree after at least 2 years’ study in NZ, and you have enough points to meet the selection threshold. There are students who began their studies under the impression that they would meet the points threshold and be able to apply for SMC. What happens to current students who are worried that they won’t meet SMC requirements because of the recent changes? While we understand that changes to immigration policies can cause confusion and uncertainty for students, they will need to meet the SMC requirements that apply at the time they lodge their application. People whose EOIs have been selected from the SMC Pool before the change to the policy will be able to apply under the rules in place before 28 August 2017 if their selection results in an invitation to apply. I have already submitted my SMC application but it has not yet been finalised. What will happen to my application if it’s not decided until after the changes come into effect? Because your application was submitted before the changes come into effect it will continue to be assessed under the current instructions. My SMC Expression of Interest (EOI) has been selected from the SMC Pool but I have not yet been invited to apply. If I receive an invitation to apply before the changes come into effect but do not submit my SMC residence application until after the changes, will I be assessed under the current SMC instructions? If your Invitation to Apply was issued on the basis of a selection from the SMC Pool before the policy change, your application will be assessed under the SMC instructions that were in place at the time your EOI was selected, regardless of whether you application is submitted after the changes come into effect. The application must be received within four months of from the date your Invitation to Apply was issued. If my EOI is in the Pool on 28 August 2017, what will happen to my EOI? If your EOI is in the Pool on 28 August 2017 (including if your EOI has been selected and returned to the Pool) you will be able to edit and resubmit your EOI on the new EOI form, at no cost. The new form will reflect the new requirements. However, if as a result of the changes you are no longer able to claim 100 points, your EOI will not be accepted into the Pool. When you choose to edit the EOI all the answers to the question that have changed will be deleted and you will be required to answer the new questions. If you do not edit and resubmit your EOI your EOI cannot be selected from the Pool. Does my job need to be included in the List of skilled occupations (Appendix 6 of the INZ Operational Manual)? No. Under the new rules, occupations at all Australia and New Zealand (ANZSCO) levels can be assessed if the relevant remuneration thresholds are met (for jobs at ANZSCO skill levels 1, 2 or 3 at least $23.49 per hour and for jobs at skill level 4 or 5 at least $35.24 per hour). I have a qualification included on the Long Term Skill Shortage List (LTSSL) – can I claim extra points for this qualification? No. Under the new rules there are no bonus points for qualifications in areas of absolute skill shortage and column 4 of the LTTSL, which included these qualifications, will be removed. When I am granted residence will conditions be imposed on my resident visa? Conditions will be imposed if you haven’t yet taken up your offer of skilled employment or you haven’t been in your current skilled employment for three months or more at the time we assess your application. One of those conditions will be that you continue to be paid at or above level of remuneration for which skilled employment points where awarded to you, during the period for which conditions are imposed. Conditions may be imposed for 3 or 12 months. I have a qualification that has been assessed as being at level 3 of the New Zealand Qualifications Framework. Can I claim points for this qualification? Qualifications, age and partner’s qualifications
Can my application under the SMC be approved if I do not have skilled employment in New Zealand? To be approved residence, an applicant needs to have either skilled employment in New Zealand (or an offer of skilled employment), or a Master’s degree or Doctorate gained after two years of study in New Zealand. If you are assessed as having sufficient points to meet the selection threshold, and you meet health, character and English language requirements, but do not have skilled employment in New Zealand (or a Master’s degree or Doctorate gained after two years of study in New Zealand), we will defer the decision on your application and invite you to apply for a job search visa. This job search visa will allow you to look for skilled employment in New Zealand. The decision on your residence application will be deferred while you look for skilled employment. How long can I be in New Zealand on the job search visa? If you meet the requirements for of the job search visa policy and are already in New Zealand, you will be granted a job search visa valid for 9 months. If you meet the requirements of the job search visa policy and you are outside New Zealand you will be granted a job search visa valid for 12 months. If I don’t get a skilled job within that timeframe, what will happen to my resident visa application? Your application for residence under the SMC will be declined. Can I bring my family with me on the job search visa? No, the job search visa will only be granted to the principal applicant. I have employment in New Zealand and the pay for my job is below the threshold, however I am expecting a pay increase – can I submit my Expression of Interest (EOI) now? You should wait until your pay is above the minimum remuneration threshold. If you claim points for your job in your EOI but your pay is below the threshold, points will not be awarded. In which areas will points no longer be awarded? Points will no longer be awarded in the following areas:
What will happen to these under the new policy settings? These lists are both being removed from Immigration New Zealand’s Operational Manual as they are no longer relevant. Will there be different remuneration thresholds in different regions of New Zealand? No there is no regional variation. The remuneration threshold will be the same throughout New Zealand. Will the new policies affect the way that student visas or post study work visas are assessed? No. The changes apply to the SMC residence policy. They do not affect the assessment of student visas or post study work visas (including graduate job search or employer assisted). I’m currently studying towards a PhD, which I expect to complete soon. However, even without points for my PhD or for skilled employment, I think I’m eligible for at least 100 points. Can I submit an Expression of Interest now? You may wish to wait until you’ve finished your studies, before submitting your EOI. You can submit an EOI, however you will also need to meet the selection threshold to have your EOI assessed and to be invited to apply for residence. After submission to INZ, EOIs remain valid for six months only. Additionally, an application for residence under SMC cannot be approved unless you have skilled employment, or have completed and been awarded a Doctorate or Master’s degree after at least 2 years’ study in NZ, and you have enough points to meet the selection threshold. There are students who began their studies under the impression that they would meet the points threshold and be able to apply for SMC. What happens to current students who are worried that they won’t meet SMC requirements because of the recent changes? While we understand that changes to immigration policies can cause confusion and uncertainty for students, they will need to meet the SMC requirements that apply at the time they lodge their application. People whose EOIs have been selected from the SMC Pool before the change to the policy will be able to apply under the rules in place before 28 August 2017 if their selection results in an invitation to apply. I have already submitted my SMC application but it has not yet been finalised. What will happen to my application if it’s not decided until after the changes come into effect? Because your application was submitted before the changes come into effect it will continue to be assessed under the current instructions. My SMC Expression of Interest (EOI) has been selected from the SMC Pool but I have not yet been invited to apply. If I receive an invitation to apply before the changes come into effect but do not submit my SMC residence application until after the changes, will I be assessed under the current SMC instructions? If your Invitation to Apply was issued on the basis of a selection from the SMC Pool before the policy change, your application will be assessed under the SMC instructions that were in place at the time your EOI was selected, regardless of whether you application is submitted after the changes come into effect. The application must be received within four months of from the date your Invitation to Apply was issued. If my EOI is in the Pool on 28 August 2017, what will happen to my EOI? If your EOI is in the Pool on 28 August 2017 (including if your EOI has been selected and returned to the Pool) you will be able to edit and resubmit your EOI on the new EOI form, at no cost. The new form will reflect the new requirements. However, if as a result of the changes you are no longer able to claim 100 points, your EOI will not be accepted into the Pool. When you choose to edit the EOI all the answers to the question that have changed will be deleted and you will be required to answer the new questions. If you do not edit and resubmit your EOI your EOI cannot be selected from the Pool. Does my job need to be included in the List of skilled occupations (Appendix 6 of the INZ Operational Manual)? No. Under the new rules, occupations at all Australia and New Zealand (ANZSCO) levels can be assessed if the relevant remuneration thresholds are met (for jobs at ANZSCO skill levels 1, 2 or 3 at least $23.49 per hour and for jobs at skill level 4 or 5 at least $35.24 per hour). I have a qualification included on the Long Term Skill Shortage List (LTSSL) – can I claim extra points for this qualification? No. Under the new rules there are no bonus points for qualifications in areas of absolute skill shortage and column 4 of the LTTSL, which included these qualifications, will be removed. When I am granted residence will conditions be imposed on my resident visa? Conditions will be imposed if you haven’t yet taken up your offer of skilled employment or you haven’t been in your current skilled employment for three months or more at the time we assess your application. One of those conditions will be that you continue to be paid at or above level of remuneration for which skilled employment points where awarded to you, during the period for which conditions are imposed. Conditions may be imposed for 3 or 12 months. I have a qualification that has been assessed as being at level 3 of the New Zealand Qualifications Framework. Can I claim points for this qualification? You can only claim points for your level 3 qualification if it is included on the List of Qualifications Exempt from Assessment (LQEA) and it is relevant to an occupation at ANZSCO level 3 or below. The only level 3 qualifications included on the LQEA are particular trade and technical qualifications from South Africa and the United Kingdom. You can only claim points for your level 3 qualification if it is included on the List of Qualifications Exempt from Assessment (LQEA) and it is relevant to an occupation at ANZSCO level 3 or below. The only level 3 qualifications included on the LQEA are particular trade and technical qualifications from South Africa and the United Kingdom. Source: www.immigration.govt.nz If you wish to discuss any of these changes make sure to get in contact and arrange a consultation with our licensed adviser - www.easyvisa.co.nz  The Government recently announced changes to the Skilled Migrant and Essential Skills policies, aimed at striking the right balance between ensuring New Zealanders are at the front of the queue for jobs while preserving access to the temporary migrant skills necessary for New Zealand’s continued economic growth. The Skilled Migrant category allows for the grant of a resident visa to people with the skills and experience to contribute to New Zealand’s economic growth. Changes to this category include:
The Essential Skills category is a temporary work visa category designed to allow employers to recruit overseas workers where shortages mean that no suitable New Zealanders are available or trainable. Changes to this category aim to manage the settlement expectations of overseas workers by:
Changes that extend the period of accreditation under the Accredited Employer policy have also been announced. Read about changes to the Accredited Employer policy Detailed information about the Skilled Migrant and Essential Skills changes is now available below, including immigration instructions and frequently asked questions. View the skilled migrant detailed changes here. View the essential Skills detailed changes here. |