Immigration policy changes

The Government state they are focused on improving productivity across New Zealand.  One of their strategies is using immigration policy to ensure the people we bring in from overseas are working in skilled employment in their area of expertise.

For an introduction to the overall process and frequently-used terms click here.

On 27 July 2017 the Government announced finalised changes to the Essential Skills work visa policy. The changes will be implemented on 28^th August 2017.

What are the changes?

At a high level

• Temporary work visa applicants (Essential Skills visas) will have salaries of the job offered assessed in conjunction with the ANZSCO skills framework to understand the skill level required for the job and the visa entitlements which a migrant is eligible for.
• How it applies to the dairy industry: A large number of dairy employees will be eligible for visas which:
• Are up to 1 year in length
• Maximum of 3 years in New Zealand before a mandatory 12 month stand down period
• Not eligible to have children or parents join them unless they have visas in their own right

In more detail

For dairy assistants and herd managers (ANZSCO level 5, for clarification click here) - if they are paid between minimum wage and $35.24 the jobs are classified as lower skilled and:

• Are subject to a 1 year max visa
• Have a 3 year cap in New Zealand before a 12 month stand down will be enforced
• For new arrivals, children and partners will not be able to join under the principal applicant’s visa. For migrants with family already here they will be able to stay, as long as the principal applicant is eligible to be in New Zealand
• Will need to be paid more than $35.24 per hour to move to the high skilled category

For farm managers and assistant farm managers (ANZSCO level 1, for clarification click here):

• If they are paid between minimum wage and $19.97 per hour, the jobs are classified as lower skilled and subject to the same rules as above
• If paid between $19.97 and $35.24 per hour they will be classified as mid skilled and may be eligible for a visa of up to 3 years in duration, and eligible to have partners and children join them
• If paid more than $35.24 per hour they will be classified as higher skilled and may be eligible for visas up to 5 years in duration, and eligible to have partners and children join them.

[1] – Indexed to 1.5 times NZ median wage, and will be updated annually
[2] – Indexed to 85% of NZ median wage, and will be updated annually
[3] – Indexed to NZ minimum wage

Next steps

When Government announced this policy they recognised that ANZSCO classifications currently do not recognise any mid skilled jobs on farm.  They have committed that the next phase of immigration policy will address the concerns raised by DairyNZ, Federated Farmers and others regarding this limitation so we remain hopeful that we can get herd managers recognised as a mid skilled position.  We will be working to achieve this so these migrant employees can experience the visa conditions we believe they are entitled to and employers can run their businesses knowing they can access the people capability they need if no suitable New Zealanders can be found. For more information:

See our page on transition arrangements here.

See Immigration New Zealand’s FAQ here.

South Island pathway to residency

An estimate of 1600 'low skilled' work visa holders in the South Island have been granted a pathway to residency. 1600 is not a cap, rather it’s an estimate of how many people may be eligible based off Immigration data. Anyone who meets the criteria at the date the category opens can apply. Check the details on Immigration New Zealand.

Migrants may be eligible for this pathway to residency if they:

• Are currently on an Essential Skills work visa for a job in the South Island
• Hold current full-time employment with an employer who has a history of compliance with immigration and employment law, and is not included on the list of non-compliant employers maintained by the Labour Inspectorate.
• Have been employed on an Essential Skills work visa in the South Island for five years or more at the time the policy is implemented. There is some flexibility for those who have spent some limited time working in the North Island
• Are aged 55 years or younger and
• Meet health and character requirements.

For more information

See Immigration New Zealand’s FAQ here.

See our page on transition arrangements here.