The NZ government has announced changes to New Zealand’s investor visa settings.

The changes are being made to better attract experienced, high-value investors who will bring growth opportunities to New Zealand businesses.

The new Active Investor Plus visa category replaces two existing categories which have been running for more than 12 years, and which facilitated passive investments.

In summary:

• The new Active Investor Plus visa category replaces the existing Investor 1 and Investor 2 visa categories.
• Eligibility criteria includes a minimum $5 million investment if it is a direct investment. It also encourages greater economic benefit to New Zealand companies by capping passive investment in listed equities to 50% and excluding bonds and property.
• The visa category will open 19 September 2022.

Applications under the Investor 1 and Investor 2 visas will no longer be accepted after 27 July 2022. All applications in the current pipeline will continue to be processed. Clients with Expressions of Interest (EOI), valid Invitations to Apply (ITA), and applications for Investor categories 1 or 2 will be contacted by us about what they need to do.

The Active Investor Plus visa category will incentivise direct investment in New Zealand firms through a weighting system. Direct investments will receive a 3x weighting per dollar invested. This system has a minimum investment threshold of $15 million NZD or weighted equivalent. This means that applicants who want to make acceptable direct investments will be eligible with $5 million NZD.

This system sets lower weightings for indirect investments, such as private equity or venture capital funds (2x) and listed equities and philanthropy (1x). It also limits the scope for indirect investment by capping investment in listed equities to 50% of total investments. It also excludes bonds and property from being eligible asset classes.

This system will improve flexibility for investors by allowing them to invest over a three-year period. It will also allow investors to maintain their investments up to the end of a fourth year. Investor migrants will need to spend at least 117 days in New Zealand over the four-year investment period.

The new system will also include an English language requirement of an IELTS score of at least 5.0. This will ensure investors are able to share their knowledge and skills, and engage in the New Zealand investment network.

The eligibility criteria for each investment class will be confirmed soon and updated on our website.

The New Zealand Government have announced the introduction of the 2022 Special Ukraine Visa to assist Ukrainian New Zealanders to bring eligible family members who remain in Ukraine to safety in New Zealand.

When do visa applications open?

The 2022 Special Ukraine Visa applications are open from 15 March 2022 for 12 months. There are no fees to apply for this visa.

How does the 2022 Special Ukraine Visa work?

This visa type operates through a sponsorship model, where Ukrainians who are seeking to come to New Zealand due to the current situation must have family members in New Zealand who are eligible to sponsor you.

The following criteria apply:

On 3 February 2022, New Zealand revealed a 5-step plan for the reopening of their international border. This is long awaited news for New Zealand residents stuck in Australia, family and friends overseas and skilled workers and migrants.

New Zealand Immigration will be accepting applications for the Accredited Employer Work Visa (AEWV) from 4 July 2022.

The Government has introduced a new temporary work visa called the Accredited Employer Work Visa (AEWV). The Accredited Employer Work Visa will be introduced on 1 November 2021 and will replace 6 of the existing temporary work visa categories.

Alongside the Accredited Employer Work Visa, a new employer-led system will be introduced that will generally simplify the application process and make it easier for businesses and regions to fill genuine skills shortages when it is clear that there is no New Zealander available to do the job, or who can be trained up for the role.

Employers will need to be accredited before they can hire a migrant on an Accredited Employer Work Visa.

Employer leads visa application process

The new 3-check visa application process is led by the employer before the migrant applies.

New application process

The new Accredited Employer Work Visa (AEWV) application process will be employer led. Before hiring a migrant on the AEWV employers will need to:

• apply for accreditation under the new system
• apply for a job check to make sure the role they want to fill cannot be done by New Zealanders, and
• request a migrant worker to apply for a visa.

The migrant will need to meet the skills and experience stipulated as part of the job check. This is similar to Australia’s TSS 482 visa process.

Estimated Processing Timeframes

New Zealand Immigration have provided an estimate on processing timeframes for the AEWV. These are typical timeframes applicable to employers with a standard business model and no history of non-compliance.

Application	Estimated Processing Timeframe
Standard and high-volume accreditation	10 working days
Job check	10 working days
Accredited Employer Work Visa	20 working days

AEWV Fees & Costs

Employer – 

• Standard accreditation, up to 5 migrants at any one time, is NZD $740
• High-volume, 6 or more migrants at any one time, is NZD $1220
• Job check fee — NZD $610
• Reconsideration of declined job check — NZD $240

Employee/Migrant Worker – 

• Application for AEWV – NZD $540
• Immigration levy paid by worker – NZD $55
• Reconsideration of a declined AEWV application – NZD $220
• Variation of conditions – NZD $190

Single visa replaces 6

The AEWV replaces these 6 work visas:

• Essential Skills Work Visa – this visa will close to new applications from 3 July 2022
• Essential Skills Work Visa — approved in principle
• Talent (Accredited Employer) Work Visa
• Long Term Skill Shortage List Work Visa
• Silver Fern Job Search Visa (closed 7 October 2019)
• Silver Fern Practical Experience Visa.

New system has 3 checks

The system will introduce 3 checks before an employer can hire a migrant worker. These checks are:

• the employer check — employers need accreditation to pass this
• the job check
• the migrant worker check.

Employer check

The employer check will replace 3 current employer schemes:

• approval in principle (AIP) before an employer hires workers on an Essential Skills Work Visa
• Accreditation as a Talent Accredited Employer, and
• Labour Hire employers’ accreditation for essential skills work visas.

To pass the employer check you need accreditation in the new system. Only accredited employers can hire a migrant worker on the AEWV.

The new accreditation levels are:

• standard accreditation — for employers who want to have up to 5 migrant workers on AEWVs at any one time (similar to Australia’s Standard Business Sponsor)
• high-volume accreditation — for employers who want to have 6 or more migrant workers on AEWVs at any one time (similar to Australia’s Accredited Sponsorship)

Franchisees and employers wanting to place migrants on AEWVs with third parties (including labour hire companies) will need to meet additional criteria to get accredited.

Accredited Employer Work Visa Factsheet

Job check

Employers can apply for a job check from 20 June 2022.

The job check will confirm the job pays the market rate, the terms and conditions comply with our employment laws, and you have done a labour market test if you need to.

A labour market test shows you have genuinely advertised the role to New Zealanders and there are no New Zealanders available to do the job. For jobs paying below the median wage, the labour market test includes checking with the Ministry of Social Development.

Jobs paying 200 % of the median wage do not need a labour market test. Jobs paying at, or above, the median wage in regions also do not need a labour market test. In cities, jobs that are on a skills shortage list and pay at, or above, the median wage don’t need a labour market test.

You can only hire a migrant worker if the job check is passed. Employers pay for a job check (this is similar to Australia’s Labour Market Testing requirements).

NOTE

More information on the specific advertising requirements, jobseeker engagement and confirmation of the different region and city settings will be available in June or July 2021.

Current labour market test requirements continue to apply for essential skills visa applications.

Sector agreements

Some industries hire large numbers of migrant workers — sector agreements may be negotiated with them. Agreements will include a workforce plan and conditions on recruiting a temporary migrant worker for specific occupations in the sector (this is similar to Australia’s Labour Agreement stream).

NOTE

Introduction of sector agreements has been delayed due to the COVID-19 pandemic.

AEWV migrant worker check

The migrant worker check is where the migrant worker applies for a visa. It is the last step in the AEWV process. The migrant worker must show they meet INZ’s character, identity and health requirements, and meet the skills and experience stipulated as part of the employer’s job check application.

Migrant workers or employers pay for this check.

When to apply for accreditation

Employers can apply for accreditation under the AEWV program from 23 May 2022.

Employers accredited under the current system will need to apply and meet the policy requirements of the new accreditation system. Employers only need to be accredited under the new system when they want to start hiring migrants on AEWVs.

Employers don’t need to be accredited in the new system by 1 November 2021 if they do not plan to start hiring migrants on AEWVs at this time. Employers who want to start hiring migrants on AEWVs soon after 1 November 2021 should consider applying during the pre-accreditation period.

Businesses employing migrants who hold a current talent or essential skill visa don’t need to become accredited until they want to hire someone on the new visa.

Transitioning to the new accreditation system

The following employer policies are closing to new and renewing applications on 30 June 2021:

• Accredited Employer (Talent – Accredited Employer)
• Labour Hire Accreditation (Essential Skills)
• Approval in Principle (Essential Skills) – this does not include approval in principle for other policies including AIP for foreign crew of fishing vessels.

If employers want to be able to use these statuses up to 1 November 2021, they should apply by 30 June 2021 and consider the processing timeframes.

Employers who don’t apply for these statuses by 30 June 2021 July will still be able to support work visa applications under the Essential Skills work visa category up until 31 October 2021.

Employers who only want to hire migrants using the new AEWV should wait and apply under the new accreditation system.

Employers accredited under the current system must apply and meet the policy requirements of the new accreditation system.

In between the existing Labour Hire Accreditation closing and the new accreditation policy being implemented, Labour Hire Accreditation will not be mandatory for labour hire employers supporting Essential Skills Work Visas for jobs in the construction industry in the Canterbury region.