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❗Wage Threshold Increase – $33.56Immigration New Zealand has confirmed that, from 18 August 2025, the wage thresholds fo...
10/07/2025

❗Wage Threshold Increase – $33.56

Immigration New Zealand has confirmed that, from 18 August 2025, the wage thresholds for several visa categories – including the Accredited Employer Work Visa (AEWV) – will be updated to reflect the new median wage of $33.56 per hour, as announced in June 2024. The changes are also intended to clarify criteria for certain exemptions.

Under the new settings:

▶Migrant workers earning at least twice the median wage ($67.12 per hour) may be exempt from the labour market test and minimum skills assessment.
▶Those earning 1.5 times the median wage ($50.34 per hour) may be eligible for the maximum five-year stay on an AEWV.

While the Government states these adjustments aim to protect domestic wage standards and support access to skilled labour, concerns have been raised about their broader impact.

Many employers, particularly in sectors already facing acute skill shortages, are struggling to meet Immigration New Zealand’s escalating requirements. The rising wage thresholds may also place additional pressure on migrant workers, potentially narrowing pathways for those whose skills remain in demand but whose remuneration does not align with the new benchmarks.

There is growing unease that the current trajectory of policy settings may hinder, rather than help, both employers and migrants trying to navigate an increasingly complex and demanding immigration framework.

⚖️ Ministerial Intervention in Complex Family Case Our client, a minor child, was included in a residence application un...
21/04/2025

⚖️ Ministerial Intervention in Complex Family Case

Our client, a minor child, was included in a residence application under the family category. Immigration New Zealand (INZ) raised concerns regarding the legal right of the child’s parent to remove the child from the country of residence, as required by immigration instructions. The application stalled due to the inability to provide formal custody documentation, all arising from a complex divorce matter involving an uncooperative parent—despite clear evidence of the child’s settled care arrangement and long-term residence in New Zealand.

We prepared a ministerial intervention request on humanitarian grounds, emphasising the best interests of the child, long-term care history, and broader family circumstances. The submission set out legal, procedural, and compassionate grounds for granting residence as an exception to instructions.

✅ Outcome:

The delegated decision-maker, acting on behalf of the Associate Minister of Immigration, granted the child residence as an exception to immigration policy. The case was referred back to INZ to action the decision, subject to standard checks. The residence was subsequently granted.

This case demonstrates how ministerial discretion can be a vital remedy in complex family situations where standard immigration pathways are blocked by legal or evidentiary barriers. Our firm has extensive experience in securing positive outcomes through tailored legal strategies in high-risk and exceptional cases. If you are facing similar challenges, we invite you to contact us for a confidential consultation to explore your options.

Health screening for children of temporary visa holders to change.From 17 March 2025, the health requirements for depend...
14/03/2025

Health screening for children of temporary visa holders to change.

From 17 March 2025, the health requirements for dependent children of temporary visa holders are changing.

The government has announced changes to the immigration health requirements for dependent children of temporary visas holders.
From 17 March 2025, dependent children of work, student or military visa holders will no longer be eligible for student and visitor visas if they have a severe cognitive or development disability that requires significant support.
These changes align the health requirements for temporary entry visas for dependent children with those in place for residence class visas.
It also provides clarity upfront for families who might be excluded from gaining residency because their child has high learning needs.
We aim to strike the balance between facilitating the entry of the people New Zealand needs to work, visit, live or study here and managing costs and demands on New Zealand’s health and education systems.
Aligning the health settings across these visas helps ensure consistency in our immigration system, as well as protect our schools from potential resourcing burden.

Changes to the Accredited Employer Work Visa (AEWV) and median wage.A number of changes will be made to the AEWV in Marc...
20/02/2025

Changes to the Accredited Employer Work Visa (AEWV) and median wage.

A number of changes will be made to the AEWV in March 2025. Changes will also be made to the median wage in February 2025.

In December 2024, the Government announced reforms to the AEWV to make the settings more flexible and responsive to the differing needs of businesses in certain sectors and regions. As a result of this, Immigration New Zealand (INZ) will be rolling out a number of changes over the course of 2025.

Phase 2 of these changes are as follows.

Remove the median wage requirement from AEWV and Specific Purpose Work Visa (SPWV):

From 10 March 2025, employers recruiting workers under the AEWV and seasonal SPWV policies will no longer be required to pay the median wage. Instead, there will be no set pay thresholds except the New Zealand minimum wage (currently NZD $23.15 an hour, increasing to NZD $23.50 an hour on 1 April).
Employers will however, still be expected to pay migrant workers on par with their New Zealand counterparts (the New Zealand market rate).
Sector Agreements which provided an exemption to the median wage will be removed alongside this change. Sector Agreements which offer residence pathways will continue to do so, with no changes to the wage rate required to gain residence.The removal of sector agreements means that roles previously covered by sector agreements for below median wage jobs are no longer subject to restrictions such as caps or limitations on visa duration and instead will be treated the same as other jobs of the same skill level.
Current AEWV holders should continue to be paid in line with their employment agreement and visa conditions.

Reducing the work experience requirement for migrants from 3 years to 2 years:

From 10 March 2025 the work experience requirement for migrants will be reduced from 3 years to 2 years.
Employers still have to check that their migrant worker meets the threshold, and applicants will still need to provide evidence that they meet the 2-year threshold.
This change will still make sure that migrants have enough experience to help minimise the risks of exploitation.

Amending the requirement for employers to engage with the Ministry of Social Development (MSD):

From 10 March 2025 the requirement for employers to engage with the MSD will be now become declaration based.
They will need to declare in good faith, that they have advertised lower skilled roles (ANZSCO skill level 4 and 5) with MSD and interviewed candidates who may be suitable for the role. Employers will be required to retain evidence of their engagement as they may be requested to provide it. This can be done alongside recruitment employers will already be undertaking in the domestic labour market.

Increasing the visa duration for ANZSCO Level 4 and 5 AEWV holders to 3 years:

From 10 March 2025 the visa length for new ANZSCO Level 4 and 5 AEWVs will be extended to 3 years, matching the total time they can stay in New Zealand on 1 or more AEWVs (their maximum continuous stay).

Increasing the income threshold for supporting dependent children:

From 10 March 2025 the income threshold will be increased from an annual threshold of NZD $43,322.76 to NZD $55,844. This is 80% of the median wage (aligning with eligibility for partner work rights) based on an annual, 40-hour work week. It will be updated annually in line with changes to the median wage.
The previous income threshold will continue to apply where a child held a visa on, or had applied for a visa, before 10 March – this ensures that children who are already here do not have to leave if their parent can meet the old threshold but cannot meet the new one.

Recognition of higher ANZSCO skill levels:

With INZ transitioning from the Australian and New Zealand Standard Classification of Occupations (ANZSCO) to the National Occupation List (NOL), there are differences with the classification of some roles.
So that applicants are not disadvantaged, from 10 March 2025 the following occupations will be treated as ANZSCO skill level 3 to align with their skill level in the NOL:
-Cook (351411)
-Pet groomer (361113)
-Kennel hand (361115)
-Nanny (421113)
-Fitness instructor (452111)
-Scaffolder (821712)
-Slaughterer (831212)

There are also 4 other roles that will be recognised as ANZSCO skill level 3 where the employer has specified that the job needs either 3 years of work experience or a level 4 qualification, as part of the job check. This ensures skilled workers can be retained in certain critical jobs. These 4 roles are:
-Agricultural and horticultural mobile plant operator (721111)
-Excavator operator (721214)
-Forklift driver (721311)
-Mobile plant operators not elsewhere classified (721999)

Updates to interim visa work rights:

In April, there will be further changes coming into effect regarding work rights for people on interim visas while they are awaiting the outcome of an AEWV application. This includes:
- allowing AEWV applicants to have interim work rights if they apply while holding any type of work visa or from a student visa that permits work during term time, and
enabling time spent on an interim visa that allows work, to be considered when calculating a migrant's total continuous stay under the AEWV, as well as for gaining work experience needed for work-to-residence pathways.

Median wage changes:

From 28 February 2025, AEWV holders who want to support a partner will still be required to meet the wage threshold, which is increasing to NZD $26.85 an hour.
From 28 February 2025, income thresholds for sponsors under the Parent Category will indexed to the new median wage of NZD $33.56 an hour.
These changes are based off Statistics New Zealand’s publication of median hourly earnings for the previous year’s June quarter and is intended to ensure migrants who are supporting a partner or parent have the financial means to do so.

Find out how these changes may affect you:

The incoming changes to the AEWV on 10 March 2025 will impact both employers who hire migrants and workers who are applying for an AEWV.

Working remotely from New ZealandThe Government announced today that the rules for visitors are changing and people arri...
30/01/2025

Working remotely from New Zealand

The Government announced today that the rules for visitors are changing and people arriving on a visitor visa or NZeTA can work for overseas employers while visiting New Zealand.

New visa conditions will now allow visitors to work remotely for an overseas employer or client. The change applies to applications received from 27 January 2025 for all visitors, including tourists and people visiting family, and partners and guardians on longer-term visitor visas.

These new conditions mean that tourists can stay in New Zealand as a digital nomad and keep in touch with work back home, without breaching their visa conditions.

Both visitor visa recipients and people who enter with an NZeTA (New Zealand Electronic Travel Authority) will receive these conditions.

Visitor visa holders must not:
-work for a New Zealand employer;
-provide goods or services to people or businesses in New Zealand;
-do work that requires them to be physically present at a workplace in New Zealand.

Tax information:
-The tax treatment of a digital nomad’s income from working for a foreign employer while in New Zealand depends on the person’s individual circumstances and the individual is responsible for understanding the tax rules relevant to their circumstances.
-Generally, if the person’s income is taxed elsewhere, New Zealand will exempt it from tax if the person does not spend more than 92 days in New Zealand in a 12-month period. The days do not need to be consecutive.
-If the person is tax resident in one of the 40 plus countries with which New Zealand has a tax treaty (such as Australia, most of Europe, the UK, the US and much of Asia), this period can often be extended to 183 days. More information is available on Inland Revenue’s website.
-If the person is present in New Zealand for longer than the relevant limit for exemption, New Zealand will tax their income from providing services. This tax will apply from the first day of their New Zealand presence, and will be imposed at the same rates as apply to New Zealand residents.

We’re thrilled to announce a significant milestone for our company. Over the years, we’ve expanded far beyond immigratio...
15/01/2025

We’re thrilled to announce a significant milestone for our company. Over the years, we’ve expanded far beyond immigration law to meet the evolving needs of our clients. Today, we proudly offer expertise in commercial, public, employment, and contract law, in addition to our long-standing immigration services.

Here’s what we can help you with:

✔️ Immigration Law: From work and residence visas to appeals with the Immigration and Protection Tribunal and requests to the Minister of Immigration, we’ve got you covered.

✔️ Commercial Law: Business transactions, contract drafting and reviews, business establishment support, and investment guidance.

✔️ Public Law: Assisting with government agencies interactions, resolving disputes, and representing clients in administrative matters.

✔️ Employment Law: Drafting and reviewing employment agreements, addressing workplace issues, and protecting your rights.

✔️ Contract Law: Developing contracts of any complexity, from service agreements and sales contracts to franchise agreements, tailored specifically for you.

To better reflect our expanded services and professional dedication, we’re rebranding as Gild Legal. Visit our new website: https://gildlegal.co.nz/ for an overview of what we offer.

📧 New email address: Please update your records with my new email: [email protected].

Thank you for your trust and support! We’re excited to continue being your go-to partner for all your legal needs. Got questions? Need assistance? Feel free to reach out anytime—we’re here to help!

Warm regards,
Yana Gild | Director
Gild Legal
🌐 https://gildlegal.co.nz/

Reforms to Accredited Employer Work Visa announcedThe Government has announced reforms to the Accredited Employer Work V...
17/12/2024

Reforms to Accredited Employer Work Visa announced

The Government has announced reforms to the Accredited Employer Work Visa (AEWV).

These include removing the median wage threshold, reducing experience requirements to 2 years and introducing new seasonal visa pathways to support employers to fill skill gaps.

The changes will be implemented in 4 different stages over the course of 2025, beginning in January.

Immigration New Zealand (INZ) is also re-designing the Job Check step of the AEWV process. The changes will help streamline the Job Check for low-risk employers and improve processing timeframes. This will be implemented from July 2025.

Read the Government's announcement on the Beehive website (https://www.beehive.govt.nz/release/securing-skills-and-experience-nz-needs).

Key changes:

1)Removing the median wage requirement:
Wage thresholds for all AEWV roles will be removed. Employers still need to advertise and offer AEWV employees the market rate for their position and workplace location. This change does not affect existing employment agreements. There are no changes to the wages that AEWV workers must earn to apply for residence.

2)New earning threshold:
AEWV migrants will need to earn at least NZ$55,844 a year to bring children, along with meeting other criteria. This threshold has not been updated since 2019.

3)Reducing the experience requirement for migrants:
The experience requirement for migrants will be reduced from 3 years to 2. This ensures migrants are sufficiently skilled while addressing key issues raised during consultation.

4)Introducing new pathways for experienced seasonal workers:
In November 2025, two new pathways for seasonal workers will be introduced, including a 3-year multi-entry visa for experienced workers and a 7-month single entry visa for lesser-skilled workers. The existing temporary seasonal pathways will remain available until then.

5)Increasing the visa duration for ANZSCO Level 4 or 5 AEWV holders to 3 years:
Following feedback through consultation, the visa duration will increase to 3 years for new AEWVs issued for jobs assessed as skill level 4 or 5 on the Australian and New Zealand Standard Classification of Occupations (ANZSCO). The visa length will change from 2 years (with the option of 1 additional year) to 3 years to align with the total time these workers can stay in New Zealand (their maximum continuous stay). Those currently on a 2-year visas will be able to apply for a further AEWV for 1 year if they meet the requirements.

6)Amending the Work and Income engagement requirement:
The current requirement for employers to engage with the Work and Income will be amended to be declaration based. Employers must declare that they have, in good faith, advertised ANZSCO skill level 4 or 5 jobs with Work and Income and interviewed candidates who could have been suitable for the job. This can be done alongside the recruitment that employers will already be undertaking in the domestic labour market. There will also no longer be a set 21-day timeframe.

7)Greater work rights for those on interim visas:
From April 2025, interim work rights will be extended to AEWV applicants who are applying from any work visa type or from a student visa that allows them to work during term time, supporting migrants to maintain employment while their visa is processed.

8)Removing the requirements for completion of Employment New Zealand online modules:
The requirements regarding online modules will be removed from 27 January 2025 for all current and future accredited employers and Recognised Seasonal Employers (RSE).
INZ will instead provide employers and workers with links to freely available Employment New Zealand or INZ webpages that set out employment rights and obligations at the most appropriate points in the immigration process.

9)Reducing the domestic workforce threshold for certain construction roles:
The domestic workforce threshold for employers of certain construction roles is being reduced from 35 per cent to 15 per cent.

More information about the changes will be available in early 2025.

Holiday working hoursDear Clients and Partners,As the holiday season approaches, we would like to extend our warmest wis...
26/11/2024

Holiday working hours

Dear Clients and Partners,

As the holiday season approaches, we would like to extend our warmest wishes for a Merry Christmas and a Happy New Year to you and your loved ones. We are grateful for your trust and partnership throughout and look forward to continuing to serve you in the coming year.

As many businesses, we would have adjusted working hours during the holiday period:

We will be closed from 20 December 2024 and will be back on 13 January 2025.

We understand that legal needs can arise at any time. Our office will have limited capacity during the annual closedown and will be available for urgent matters.

Changes to the Post Study Work Visa (PSWV)INZ making changes so that students who complete a Master's degree following a...
19/11/2024

Changes to the Post Study Work Visa (PSWV)

INZ making changes so that students who complete a Master's degree following a Postgraduate Diploma do not lose eligibility for a Post Study Work Visa.

Students who studied a Postgraduate Diploma (PGDip) for 30 weeks and immediately progressed to a Master’s degree, but were not enrolled in the Masters for 30 weeks, are now eligible to apply for a Post Study Work visa (PSWV) based on their PGDip enrolment. This will give students more flexibility in their course of study and ensure they can remain eligible to work following their qualification.

If a student has completed a qualification that is eligible for a PSWV then immediately completes a higher-level qualification (that is ineligible for PSWV, including because they did not study for the minimum duration), they will have 12 months from the end date of their student visa for the initial qualification to apply for a PSWV.

If a student wants a 3-year PSWV, they would need to complete at least 30 weeks of full-time study in New Zealand, enrolled in the Master’s degree itself.

To be eligible for a PSWV, applicants must hold an eligible New Zealand qualification that has been studied full-time in New Zealand for the required minimum duration and apply within the required timeframe.

Changes to the list of qualifications Eligible for a Post Study Work Visa.

The following changes are being made to align the list of qualifications eligible for a PSWV with the Green List:

-PSWV applicants who qualify to teach at secondary school no longer require a Bachelor’s degree specialising in Science, Mathematics, Technology or Pacific Languages;
-applicants who have completed graduate diplomas and meet the Teaching Council’s registration requirements are able to get a PSWV to work as a Primary or Intermediate school teacher;
-the New Zealand Diploma in Engineering (Level 6) with a strand in Mechanical Engineering has been added so Mechanical Engineering Technicians are eligible for a PSWV

Simpler Job Change process following business sales and restructuresThe Government has made changes to the accreditation...
11/11/2024

Simpler Job Change process following business sales and restructures

The Government has made changes to the accreditation and Job Check process that make it easier for employers and Accredited Employer Work Visa (AEWV) holders during a business sale or restructure.

From 6 November 2024, if an AEWV holder remains in the same role and location, but their employer changes due to a business sale or restructure, then the AEWV holder must still apply for a Job Change (also known as a variation of conditions).

They will be asked to provide information about their circumstances, such as a letter from their new employer explaining the sale or structure change.

If the new employer holds, or has applied for, accreditation when we receive the Job Change application, we will be able to approve the Job Change before deciding the employer’s accreditation application.

The new employer will not need to apply for a Job Check unless the AEWV holder’s role or work location will change.

Any AEWV holders who transfer to a new employer after a sale or restructure will be counted in the employer’s quota of five AEWV employees under standard accreditation. Employers who will exceed this should apply for high-volume accreditation before the workers apply for their Job Change.

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