Immigration Series: New Zealand announces changes to immigration pathways; steps to support exploited migrants

The New Zealand Government has announced a wide range of changes to its workforce and immigration pathways.

The changes include:

• adding 17 roles to the Green List
• increasing the Recognised Seasonal Employer cap to 19,500 for 2023/24 season
• closing the Recovery Visa to new applicants from September 23, 2023 existing holders of a Recovery Visa in New Zealand can apply for a 3-month extension
• adding a small number of roles to the Construction and Infrastructure Sector Agreement
• requiring a judicial warrant for out-of-hours compliance visits

Roles added to the Green List: Seventeen roles will be added to the Green List, following a scheduled and targeted review conducted by the Ministry of Business, Innovation and Employment (MBIE). The roles will be added to the Green List from March 2024.

Roles being added to the Green List are:

• Aviation Engineer (Avionics, Aeronautical, Aerospace Engineer)
• Naval Architects (aka Marine Designer)
• Mechanical Engineering Technician
• ICT Database and System Administrator
• Aircraft Maintenance Engineer
• Road Roller Operator
• Paving Plant Operator
• Corrections Officer
• Metal Fabricator
• Pressure Welder
• Welder
• Fitter (General)
• Fitter and Turner
• Fitter-Welder
• Metal Machinist (First Class)
• Panel Beater
• Vehicle Painter

Applications for work to residence pathway open: From September 29, 2023, the Green List and Sector Agreement Work to Residence pathways is open to applications for existing occupations on those lists.

Migrants with 2 years of eligible work experience in a Green List Work to Residence or eligible Sector Agreement role will be able to apply for residence if they meet other requirements relating to age, health, character and English language ability.

Increasing the cap for Recognised Seasonal Employer Scheme: The cap on the number of workers who may be employed under the Recognised Seasonal Employer (RSE) scheme is increasing to 19,500 for the 2023/2024 season — 500 more than the previous year.

The new RSE cap will allow access to workers from participating Pacific countries, providing workforce to the horticulture and wine sectors where local workers are not available.

This year’s increase reflects the request from industry for access to more workers, while balancing the effects on the New Zealand labour market, including expected labour market conditions in the coming year and the availability of suitable accommodation.

Cyclone Gabrielle Response Recovery Visa: The Government has announced that the Recovery Visa is closed to new applications from September 23, 2023.

From September 23, existing visa holders already in New Zealand will be able to apply for a 3-month extension to the Recovery Visa, to allow them time to transition to longer term work visas, if necessary.

Immigration New Zealand will contact existing visa holders as their visas approach expiration, to inform them of their options. Eligible visa holders will be able to apply for the extension using the existing online form for the Specific Purpose Work Visa.

New roles added to Construction and Infrastructure Sector Agreement: 

Additional roles will also be added to the Construction and Infrastructure Sector Agreement. These will be added early next year, and more information will be available closer to the time.

The roles being added to the Construction and Infrastructure Sector Agreement are:

• Driller’s Assistant (821912)
• Earthmoving Labourer (821113)
• Earthmoving Plant Operator (General) (721211)
• Linemarker (721912)
• Machine Operators n.e.c (711999)
• Mechanic’s Assistant (899916)
• Road Traffic Controller (899923).

Legislative changes to out-of-hours compliance visits: The Cabinet has agreed to amend the Immigration Act 2009 to require a judicial warrant to be sought for out-of-hours compliance activity, following the recommendation in Mike Heron KC’s independent review of out of hours compliance visits that the Government consider legislative change to specify criteria for these visits.

This change will ensure that powers are not used disproportionately and that there is a legal, third-party check and balance.

Steps to protect exploited migrant workers: The New Zealand Government announced today changes to the immigration system to increase protection and support for migrant workers, including:

• short-term basic financial support and job search assistance for people on the Migrant Exploitation Protection Work Visa (MEPV)
• an option for people on the MEPV to apply for a second MEPV if they need more time to search for a job, and
• removal of the 90-day trial for migrant workers on the Accredited Employer Work Visas (AEWV)

Financial support for Migrant Exploitation Protection Work Visa (MEPV) holders: There is financial support available for people on the Migrant Exploitation Protection Work Visa (MEPV) to help pay for accommodation and living expenses for a limited time while they search for a job that allows them to stay in New Zealand. The financial support is available to people on MEPVs who are not currently in employment and will run until March 2024. Accommodation and living costs benchmarked on the Jobseeker Support Benefit entitlement (approximately $50 per person a day), which could be topped up to $100 per person per day dependent on need, job seeker assistance.

The payment will continue until they either:

• find work while on their MEPV
• reach expiry of their MEPV
• find work on a different visa such as the Accredited Employer Work Visa (AEWV)
• leave New Zealand