Hot topic: Immigration

It is important for employers planning to hire migrant workers to have an understanding of changing immigration requirements and processes. There are a range of visa types, some of which are ‘open’ meaning the applicant can work in any position, and others are tied to the job itself. Many visa categories require applicants to meet certain qualification or experience requirements to undertake a particular role, and for the employer to meet certain requirements such as completing an acceptable labour market test. It is a good idea for employers to take advice from an expert on what exactly is required to ensure that a successful application can be submitted.

In terms of making attractive job offers to applicants, something to keep in mind is that visa holders may be working towards specific immigration goals, often residence. When considering candidates on work visas, it is a good idea for employers to understand what the immigration goal of the prospective employee is – if they are working towards residence, they may need to be offered a role that allows them to make this application now or in the future. This might mean offering training or a pathway to professional registration, a certain salary, or an attractive location of work.

By taking advice and understanding immigration requirements before offering roles to a prospective employee, any risks involved in the application process can be mitigated or removed. Provided the employer has a suitable system in place to ensure visa conditions are complied with and expiry dates tracked, there are no significant risks to employing migrant workers. One thing to keep in mind is that work visas are temporary by nature, and any renewals of visas should be started well before expiry dates to ensure they are completed on time.

In mid-2022, the current work visa system will be replaced by a new ‘Accredited Employer Work Visa’ system. If an employer is planning to recruit migrant workers or renew visas next year, they should start working towards ensuring their company will comply with the new system well ahead of its introduction.

Although the borders are currently closed to most non-New Zealand residents and citizens, there are some narrow exemptions for bringing workers into New Zealand, including critical health workers and ‘other’ critical workers. Eligible ‘other’ critical workers will generally be working on a major government event or infrastructure project, be on a specified list of exempt classes of workers, or may have skills or qualifications that are not obtainable in New Zealand. However, the full requirements are very prescriptive and advice should be taken before commencing any applications for offshore workers.

There have been frustrations within the community around long residence timeframes (a result of high levels of applications received and further delayed by the outbreak of Covid-19), as well as the suspension of the Skilled Migrant Category, which left many workers in limbo as to their ability to remain in New Zealand indefinitely. For many, these frustrations were alleviated In September when the Minister of Immigration announced a new one-off resident visa policy through which approximately 165,000 onshore visa holders will be eligible for residence. This announcement has been well-received and has provided certainty to many migrant workers and their families.

Separation from family members who are outside of New Zealand remains a pressing issue for many visa-holders, some of whom have not seen their families for close to two years or more. As we approach the holiday season employers should be mindful of employees who may be in this position and offer appropriate support where possible.