Changing visa conditions for employees in NZ
If you provided an essential business or service at Alert Level 4, you can apply for a short-term change inwork visa conditions on behalf of your employees. This short term Variation of Conditions ends at 11.59PM,Wednesday, 24 June. After this, the conditions set out inthe original visa – including the role, employer and hoursof work or study – apply.
To find out if you fit the definition of an essentialbusiness or service, see covid19.govt.nz.Other work visa holders can apply to vary theconditions of their work visa if they are changing the employer they work for, the job they are doing, the location they are working in, or how long they can studyfor while they work. For more information, see www.immigration.govt.nz.
Essential Skills Visas for migrants in NZ
For an Essential Skills work visa to be granted,Immigration New Zealand must be satisfied that thereare no New Zealanders available to do the work offered at the time the visa application is made.
In normal circumstances, the labour market would be unlikely to change significantly between the time an employer attempts to recruit New Zealanders and the time an application is assessed. However, COVID-19 hasled to rising unemployment.
Immigration New Zealand must consider the currentemployment environment. Employers may be asked to provide further evidence to show that at the timethe application is assessed the availability of New Zealanders to undertake the work remains unchanged,the employment offer is still valid, and the employment issustainable.
These conditions also apply if you wish to employ anew migrant from overseas. For more information, see www.immigration.govt.nz.
Meeting visa conditions
Migrants and employers must continue to meet the conditions set out in existing visas. These include theregion, the role, and the 30-hour per week requirementfor full-time work.
Immigration New Zealand is aware of departures from visa conditions – such as failing to meet the required 30hours of work per week – during COVID-19.The Government is working with employers and stakeholders to develop options for employers and temporary work visa holders affected by COVID-19. For more information, see www.immigration.govt.nz.
Employees who are overseas
The New Zealand border is currently closed to almost all travellers to help stop the spread of COVID-19. The circumstances in which a person who is not exempt from the border restrictions will be permitted to travel to New Zealand are extremely limited.
Anyone entering New Zealand must undergo a period of quarantine or isolation. If your employee is unable to return to New Zealand, you may wish to explore other options, such as employing someone currently in New Zealand who is a New Zealand citizen or resident or has a current visa withappropriate work rights. For more infomation, see www.immigration.govt.nz.
Temporary migrants unable to leave NZ
Temporary migrants enquiring about assistance or flights home should contact their embassy or consulate. See www.mfat.govt.nz. They should also register with a local travel agency to be contacted when the appropriate international flights become available.
Personal circumstances will be taken into account when assessing visa applications.
However, employers must show that there are no New Zealanders available to do the work offered before an Essential Skills work visa can be granted. Migrants who find themselves without a visa, but unable to leave the country, may attempt to regularise their situation by making a request under Section 61 ofthe Immigration Act. For more information, see www.immigration.govt.nz.
Eligibility for residence
The conditions in a work-to-residence work visa or a job offer associated with a skilled migrant category visa application must be met for the applicant to be eligible for residence.
Redundancies
Regular employment law applies to all employmentRegular employment law applies to all employmentrelationships – regardless of the circumstances. For more information, see www.employment.govt.nz
For more details, contact us at +61 3 9999 7964.