New Zealand Partner Work Visa: Recent Policy Changes and Important Details

As of May 31, 2023, partners of a considerable number of Accredited Employer Work Visa holders encountered additional conditions upon applying for a new partnership-based work visa. These adjustments represented a landmark transformation within New Zealand's immigration history, significantly impacting the realm of family-related temporary visas.
It is essential to be aware of the following critical points.

1. What is the current state of affairs regarding Partner Work Visas?
   Applying for a partnership-based work visa as a Partner of an AEWV holder will involve adhering to certain conditions on the visa.
   • It is essential for them to be employed by an Accredited Employer.
   • It is necessary for them to earn at least the median wage, which is $29.66 per hour.
   • If their employment falls under an uncapped sector agreement, they have the flexibility to earn less than the median wage, but
     they must be paid the minimum wage designated for their particular position.
   • Being self-employed is not permitted for them.

   Starting from May 31, 2023, individuals had the option to check the accreditation of an employer on the INZ website.

2. Is this applicable to partners of all work visa holders?
   No, there are some exceptions to this provision. The following groups will retain their automatic open work rights:
   • Partners of those who have Post Study Work Visas.
   • Partners of Student Visa holders are governed by their own set of eligibility rules, and this particular policy does not apply to them.
   • Partners of migrants who are employed in jobs on the Green List (Tier 1 and Tier 2) or making twice the median hourly salary (current median hourly wage is $29.66).
   • Partners of citizens or residents of New Zealand.
3. When did the new policy come into effect?
   The new policy has taken effect as of May 31, 2023.
4. Is a job offer required for partners to apply for this visa?
   Having a job offer is not obligatory for partners, although they must ensure that any future offers they receive meet the necessary conditions. Furthermore, their employers are not obliged to carry out a job check when hiring.
5. What implications does this policy have for partners who have already had a job offer?
   When partners receive approval for their new visa, they need to confirm that their job offer complies with the new visa conditions.
6. Do partners have a mandatory minimum hour requirement for work?
   There is no obligation for partners to fulfill a minimum hour requirement.
7. If partners decide to change jobs, what are the implications?
   Changing accredited employers is permitted for partners without the need to apply for a Variation of Conditions. Partners who remain with their current employer will not be influenced by upcoming modifications to employer accreditation, median wage, or sector agreements.
8. What are the conditions for AEWV holders who are part of a sector agreement and receive a salary below the median wage?
   The eligibility for a partnership-based work visa for partners of AEWV holders is dependent on their salary and sector agreement. If partners are covered by a sector agreement and earn below the median wage, they will not be eligible.
   However, if their salary exceeds the median wage, they may be able to support their partners' work visa application, provided they can provide evidence of eligibility when applying for the Partner of a Worker Work Visa.
9. How does a partner's access to publicly-funded health services work?
   To be eligible for publicly-funded health services, individuals must possess a work visa that remains valid for a minimum period of 2 years. Alternatively, if they have been lawfully present in New Zealand for 2 years or more and still hold a work visa, they can also qualify. However, partners who become ineligible for a work visa will also lose their entitlement to publicly-funded healthcare. Detailed information regarding eligibility criteria is available here.
10. If I already have a Partner Work Visa or have already applied for a Partner Work Visa prior to 31 May 2023, what will be the impact of the new policy changes?
    Applications for Partner Work Visas submitted before the policy changes on 31 May 2023 will be processed based on the previous policy, ensuring no impact on their validity or work rights. If you currently hold a Partner Work Visa or have already submitted an application, rest assured that your visa status and rights will be unaffected by the policy change.
11. Is it necessary to live together for a minimum of 12 months to meet the criteria for being recognized as a 'partner' in the context of a partner work visa?While a 12-month cohabitation period is not mandatory, meeting the "living together" criteria is essential for being recognized as a partner in the "immigration sense" when applying for a work visa. Other partnership requirements also apply, and the assessment takes into account all available evidence. For instance, a work visa can be approved even if the partners have only lived together for a minimum of six months.The process of moving to a foreign country can be overwhelming, particularly with the recent changes to partner work rights that introduce more intricacies. If you are contemplating bringing your partner and dependents to New Zealand, we are here to help. Please get in touch with our team for personalized guidance.