The recently announced changes to the Accredited Employer Work Visas have opened a number of questions around visas for the Healthcare workforce. INZ have been running explanatory webinars, but there is still a lot of confusion, even for those of us with years of experience as Immigration Advisers! In this newsletter we hope to provide some clarity as far as we can.
6 roles which would normally be classed as lower skilled and requiring a WINZ Labour Market Check are recognised at skill level 3 or higher if specific skill requirements are met. These include Personal Care Assistant (ANZSCO 423313) and Aged or Disabled Carer (ANZSCO 423111). Health Care Assistants are classed as Aged or Disabled Carers in ANZSCO.
The skill requirements are:
- Occupational registration (if required), and
- At least 3 years of relevant work experience, or
- A relevant qualification, that is at least level 4 (for ANZSCO skill level 3) or a diploma (for ANZSCO skill level 2) on the New Zealand Qualifications and Credentials Framework (NZQCF)
Applicants for SMC must meet these requirements for a role to be recognised at a higher skill level.
For AEWV, the skill level of these roles will be determined at the Job Check, according to the qualification and work experience requirements specified by the employer, as well as any other information relevant to determining the occupation itself.
The ANZSCO skill level has nothing to do with the pay grade/step, or with the qualifications or work experience of the individual applying for or extending an AEWV.
The issues we’ve come across are:
- Re-using job tokens to extend visas
- Pay rates
- Stand down periods
- English Language requirements
- Ability to support family visas and pathways to residence.
In the past, you may have had a Job Check approved specifying a requirement for 6 or 12 months’ experience, or a Level 3 qualification. Following from that logic, such a Job Check would now lead to the role being classed as a Skill Level 4 role. However, Immigration will only grant an AEWV to someone who meets the minimum skill requirement of at least 3 years’ work experience or a Level 4 Qualification.
Reusing Job Tokens for HCAs currently holding a 2-year work visa (Skill Level 4) where the original Job Check specified less than 3 years/lower than level 4 qualification.
The maximum continuous stay for a skill level 4 role is 3 years. People who had limited work experience or no relevant qualification at the time of their application were granted 2-year visas with the option to apply for a further 1 year. If they have been working in that role for a while now and meet the new minimum skills or qualification, they will be able to re-use their token to apply for a further 1 year as long as they are staying in the same job, same location and same employer. In this case, the employer is not required to do a new Job Check, but the applicant must meet the new English language requirement, as well as the new work experience or qualification level.
If the applicant is unable to meet these new requirements, they will need to leave New Zealand at the end of their 2-year visa and face a 12-month stand-down period offshore before they can apply for another visa.
A matter for consideration for those who do meet the new requirements: It makes more sense to apply for a new visa based on a new Job Check rather than re-use the token to get just 1 more year. They will now be considered to meet the requirements for a skill level 3 occupation, so a new application will get them a further 3 years, to 5 years total visa length. This provides the opportunity to build enough work experience to apply for residence after 2 years. In this case, an English language test is not required for the work visa, but the employer will need to re-advertise the role and apply for a new Job Check.
Reusing Job tokens for HCAs currently holding a 3-year work visa (Skill Level 3)
The maximum continuous stay for a skill level 3 role is 5 years. People who hold 3-year AEWVs are eligible to re-use their tokens and apply for the balance of 5 years, as long as they meet the new work experience/qualification requirement. They will not need an English test and the employer does not need to apply for a new Job Check.
Residence Pathway
If the person is eligible to apply for a new visa to get the balance of 5 years and are being paid at least $28.25 an hour, they will be able to apply for residence after 24 months from the date of meeting the new requirements. Note: $28.25 does not allow for the applicant to support a partner’s work visa, but they will be able to include the partner on their residence application.
Get in touch
It is essential for employers to ensure the information they put into their adverts and Job Checks is correct for the outcome they want to achieve. A misunderstanding at this stage of the application may mean that the outcome of the Job Check does not suit the employer’s needs and a new advert and Job Check may be required.
Contact us if you need clarification around your organisation’s particular workforce needs. We can help you with Job Checks, assessing the requirements for individual staff, and applying for the balance of an AEWV or an AEWV for new staff.