As we are getting ready to welcome temporary visa holders from 1 December, further restrictions have come into place as a new COVID-19 variant of concern, Omicron, emerges internationally.

Please note this information may change at any time and it is very important travellers stay updated.

New travel restrictions from certain Southern African countries
Travel restrictions are now in place for people who have been in South Africa, Lesotho, Eswatini, Namibia, Botswana, Zimbabwe, Seychelles, Mozambique, or Malawi in the last 14 days.

Australian citizens, permanent residents or their immediate family members entering Australia who have been in South Africa, Lesotho, Eswatini, Namibia, Botswana, Zimbabwe, Seychelles, Mozambique, or Malawi in the last 14 days must enter supervised quarantine for 14 days in line with state and territory requirements, irrespective of their vaccination status.

Any other travellers who have been in South Africa, Lesotho, Eswatini, Namibia, Botswana, Zimbabwe, Seychelles, Mozambique, or Malawi in the last 14 days are not permitted to enter Australia, even if they hold a travel exemption, eligible visa or are seeking to enter under a Safe Travel Zone arrangement.

Other than those countries, who can come to Australia?
Fully vaccinated Australian citizens, permanent residents and from 1 December eligible visa holders across a number of categories can now travel to and from Australia without needing to apply for a travel exemption.

Other visa holders will need to apply for a travel exemption even if fully vaccinated, with certain exceptions relating to travellers coming from the Safe Travel Zones of New Zealand, Singapore, South Korea and Japan.

Proof of vaccination
If vaccinated in Australia, travellers need to show airline staff their International Vaccination Certificate (ICVC).

If travellers are vaccinated overseas and do not have an ICVC, they need to present a Foreign Vaccination Certificate  that meets all of the requirements outlined by the Australian Passport Office. .

Quarantine and isolation – local requirements
Quarantine is determined by the States and Territories. To check requirements, see State and Territory Information for travellers.

Due to the new variant, Australian citizens, permanent residents or their immediate family members entering Australia who have been in South Africa, Lesotho, Eswatini, Namibia, Botswana, Zimbabwe, Seychelles, Mozambique, or Malawi in the last 14 days must enter supervised quarantine for 14 days in line with state and territory requirements irrespective of their vaccination status.

If vaccinated with a TGA approved vaccine and arriving in NSW, Victoria or the ACT and have not been in one of those countries in the past 14 days, there is no mandatory hotel quarantine but there are self-isolation rules of 72 hours from arrival.

Interstate travel once in Australia
Travellers returning to Australia may only enter and travel between NSW, Victoria and the ACT without quarantining.

PCR tests & travel declaration forms
Before returning to Australia, travellers must complete an online travel declaration and a COVID-19 PCR test at least 72 hours before departure

We can only reiterate restrictions may change at short notice even when people are mid-flight. Travellers need to also check their country of destination’s rules as well as transit countries.

DISCLAIMER This information is current as of date of publication and subject to change. The information contained in this publication is of a general nature only. It should not be used as legal advice. To the extent permissible by law, Ajuria Lawyers and its associated entities shall not be liable for any errors, omissions, defects or misrepresentations in the information or for any loss or damage suffered by persons who use or rely on such information. Liability limited by a scheme approved under Professional Standards Legislation.

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The Minister for Immigration, The Hon Alex Hawke, has today announced reforms to the Australian visa program to make it easier for skilled migrants to remain in Australia and continue working in industry sectors critical to Australia’s economic recovery.

There have been no regulations or policy details released and so it is very hard to know exactly who these changes will help or when they will be implemented. The Minister specifically identified the health and hospitality industries as intended beneficiaries of the changes.

From the limited information available, the proposed changes will:

• create a pathway to permanent residence for existing TSS and 457 visa holders in two-year occupations who have remained in Australia during the pandemic and are employed in the health and hospitality industries
• extend visas for skilled regional (provisional visa) holders (subclass 489, 491 and 494)
• extend by a further six-months the Visa Application Charge waivers for new Visitor visa applicants overseas to include expiries between 1 January 2022 and 30 June 2022
• allow Temporary Graduate visa holders, who have been unable to travel to Australia as a result of COVID-19 international border restrictions, to apply for a replacement visa
• increase the length of stay on Temporary Graduate visas in the Masters by Coursework and Vocation Education and Training (VET) streams
• simplify the requirements for Temporary Graduate visa applicants for VET sector graduates
• extend the existing measure for student and temporary graduates to recognise time spent offshore studying online to count towards qualifying for a Temporary Graduate visa application.

The only information available at this time is through media reports and Ministerial media releases and no legislation or policy has been released. There is no indication of when these details are expected.

This announcement follows an announcement to boost the number of students in Australia, the addition of new occupations to ANZSCO  (no changes to the TSS lists yet but could be expected) and the government’s decision to allow fully vaccinated eligible visa holders travel to Australia without an exemption from 1 December 2021.

There is obviously a lot of interest from employers and visa holders and we are closely monitoring the official government sources for officially published details before being able to provide specific advice of the impact of the changes on any particular business or visa holder.

DISCLAIMER This information is current as of date of publication and subject to change. The information contained in this publication is of a general nature only. It should not be used as legal advice. To the extent permissible by law, Ajuria Lawyers and its associated entities shall not be liable for any errors, omissions, defects or misrepresentations in the information or for any loss or damage suffered by persons who use or rely on such information. Liability limited by a scheme approved under Professional Standards Legislation.

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If your business employs 457/TSS visa holders then this webinar has critical information for you.

On 18 March 2018, significant changes were made to the Employer Nomination Scheme (subclass 186) which limited access to permanent residence for many applicants. These changes included:

• a reduced occupation list (only four-year occupations could apply)
• fewer age concessions
• an increase in the time an employee had to work for an employer from two to three years
• a limit of only two TSS visas for those employees in occupations on the two-year list.

To ensure that existing subclass 457 and subclass 482 visa holders would not be disadvantaged, transitional arrangements, also known as ‘grandfathering provisions’, were introduced to protect those employees who held, or had applied for, a subclass 457 visa application on 18 April 2017. This group of employees are currently able to apply for permanent residence based on the old rules as they applied before the change.

This concession ends on 18 March 2022.

If you have subclass 457 or subclass 482 visa holders who are grandfathered but have not yet applied for permanent residency, you will need to review their situation well before the March deadline and work through a specific plan of action for them.

For those who applied for a TSS visas after 18 April 2017, and who are nominated in two-year occupations, there will be very limited options for them to remain in Australia at the end of their second TSS visa.

Ajuria Lawyers will be holding a Webinar on 8 December 2021 at 1pm AEDT to discuss the possible options and recommended actions you should take.

Click here to register
Webinar will be recorded for those that cannot attend.

If you have any questions prior to the session, please do not hesitate to reach out. We hope to (virtually) see you there!

DISCLAIMER This information is current as of date of publication and subject to change. The information contained in this publication is of a general nature only. It should not be used as legal advice. To the extent permissible by law, Ajuria Lawyers and its associated entities shall not be liable for any errors, omissions, defects or misrepresentations in the information or for any loss or damage suffered by persons who use or rely on such information. Liability limited by a scheme approved under Professional Standards Legislation.

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The Federal Government has today announced that certain fully vaccinated Australian visa holders will be able to travel to Australia from 1 December 2021, without the need to first seek approval from the Australian Border Force. This will also apply to those visa holders who are already in Australia but who have been unable to depart and return without that approval.

Travel bubbles with South Korea and Japan will also open from 1 December 2021, following the opening of the Singapore travel bubble on 21 November 2021. More countries expected to follow.

Those who hold the following visas will be permitted to travel to Australia from 1 December 2021:

Subclass 300 – Prospective Marriage visa
Subclass 400 – Temporary Work (Short Stay Specialist) visa
Subclass 403 – Temporary Work (International Relations) visa (other streams, including Australian Agriculture Visa stream)
Subclass 407 – Training visa
Subclass 408 – Temporary Activity visa
Subclass 417 – Working Holiday visa
Subclass 457 – Temporary Work (Skilled) visa
Subclass 461 – New Zealand Citizen Family Relationship visa
Subclass 462 – Work and Holiday visa
Subclass 476 – Skilled – Recognised Graduate visa
Subclass 482 – Temporary Skill Shortage visa
Subclass 485 – Temporary Graduate visa
Subclass 489 – Skilled – Regional (Provisional) visa
Subclass 491 – Skilled Work Regional (Provisional) visa
Subclass 494 – Skilled Employer Sponsored Regional (Provisional) visa
Subclass 500 – Student visa
Subclass 580 – Student Guardian visa (closed to new applicants)
Subclass 590 – Student Guardian visa
Subclass 870 – Sponsored Parent (Temporary) visa

The full list of eligible visa holders is here: https://covid19.homeaffairs.gov.au/vaccinated-travellers.

The above eligible visa holders must be fully vaccinated with the following Therapeutic Goods Administration (TGA) approved or recognised vaccines (including mixed doses):

• Two doses at least 14 days apart of:
  • AstraZeneca Vaxzevria
  • AstraZeneca Covishield
  • Pfizer/Biontech Comirnaty
  • Moderna Spikevax
  • Sinovac Coronavac
  • Bharat Biotech Covaxin
  • Sinopharm BBIBP-CorV (for 18-60 year olds).
• Or one dose of:
  • Johnson & Johnson/ Janssen-Cilag COVID Vaccine.

The final vaccine dose must have been administered at least 7 days before travel to Australia.

Quarantine free travel arrangements apply only to NSW, Victoria and the ACT. If visa holders wish to travel on to another state or territory they may not be allowed to enter or may be subject to a quarantine period.

At this stage, it is unclear how processing for people offshore who have applied for one of the above visas will be affected and which visas will be prioritized.  Ajuria Lawyers will be in touch with our clients direct on any news on this.

Further information can be found on the Department of Home Affairs website https://covid19.homeaffairs.gov.au/vaccinated-travellers.

DISCLAIMER This information is current as of date of publication and subject to change. The information contained in this publication is of a general nature only. It should not be used as legal advice. To the extent permissible by law, Ajuria Lawyers and its associated entities shall not be liable for any errors, omissions, defects or misrepresentations in the information or for any loss or damage suffered by persons who use or rely on such information. Liability limited by a scheme approved under Professional Standards Legislation.

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The Federal Government has opened a consultation process and is inviting public submissions to assist with the planning of Australia’s Migration Program for 2022-23. Submissions are due by 3 December 2021.

The Department of Home Affairs have set primary questions for consideration which relate to the size and composition of the permanent Migration Program:

• Should the Australian Government increase/reduce/maintain the size of the Migration Program in 2022-23 and why?
• What is the ideal composition of the Skill and Family streams of the 2022-23 Migration Program?
• How can Australia remain attractive to prospective migrants to support our recovery from the impacts of COVID-19 in the short term and support a future Australia for 2030 and beyond?

They have also added supplementary questions about Australia’s migration settings:

• How can the Skilled stream of the Migration Program effectively address workforce shortages while boosting efforts to upskill and reskill Australians?
• How can the Migration Program help address the challenge of uneven population growth and economic development between urban and regional Australia?
• How can migration policy settings better support economic security of women in Australia overall, and migrant women in particular?
• How can migration policy settings better support social cohesion outcomes in Australia?

Ajuria Lawyers is working on submissions which will address the above and common challenges across our client base.

We will also be collaborating with our clients on their own specific response, due by close of business 3 December 2021.

For those that want to send a response direct to the Department, submissions can be sent to migration.policy@homeaffairs.gov.au addressed to: The Director, Permanent Migration Planning and Policy Section Department of Home Affairs

Submissions will not be published but de-identified content may be shared with other parties such as state and territory governments or other Commonwealth agencies unless requested not to do so. If you wish to discuss your organisation’s submissions, we would be happy to help.

DISCLAIMER This information is current as of date of publication and subject to change. The information contained in this publication is of a general nature only. It should not be used as legal advice. To the extent permissible by law, Ajuria Lawyers and its associated entities shall not be liable for any errors, omissions, defects or misrepresentations in the information or for any loss or damage suffered by persons who use or rely on such information. Liability limited by a scheme approved under Professional Standards Legislation.

Have more specific questions about your visa? Get in touch with Ajuria Lawyers today.

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The recent announcement of a safe travel zone between Australia and Singapore was another welcome sign that Australia is slowly but surely opening up to the rest of the world.

Details were initially scarce, aside from the commencement date of 21 November 2021, but further guidelines have been released today outlining exactly who can take advantage of this arrangement.

Who can travel to Australia from Singapore under this arrangement?
Only Singapore citizens (not temporary or permanent residents) can travel from Singapore to Australia quarantine-free and without requiring a travel exemption, provided they:

• Hold a valid Australian visa;
  • Please contact your Ajuria Lawyers advisor for visa assistance
• Are fully vaccinated with a completed dosage of a vaccine approved or recognised by Australia’s Therapeutic Goods Administration (TGA);
• Depart from Singapore and arrive in a participating state or territory (NSW, VIC or ACT at time of writing);
  • Interestingly, there is no requirement for an eligible traveller to have spent a certain amount of time in Singapore before coming to Australia, as there is for the Australia-NZ safe travel zone
• Provide proof of their vaccination status; and
• Complete an Australia Travel Declaration (ATD) at least 72 hours before departure, which involves making a legally binding declaration in relation to their vaccination status. Penalties will apply for giving false and misleading information, including potential criminal prosecution

Non-Singaporean citizens (including family members who are not Singaporean travelling with a Singapore citizen) are not eligible to travel to Australia under these arrangements. They will still require a travel exemption, which they may or may not be eligible for.

Finally, it is essential that eligible travellers are aware of following warning from the Department of Home Affairs:

Any change in the COVID-19 situation in Australia or Singapore could lead to a pause in quarantine-free travel arrangements without notice. You are responsible for checking the entry requirements for each state and territory in Australia, including quarantine arrangements.

Who can travel from Singapore to Australia under this arrangement?
Singapore has its own specific criteria for Australian citizens wishing to travel to Singapore under the safe travel zone. Further details can be found via the SafeTraveller website. If you need help with visas to Singapore, please contact our Global Team at global@ajurialawyers.com.

DISCLAIMER This information is current as of date of publication and subject to change. The information contained in this publication is of a general nature only. It should not be used as legal advice. To the extent permissible by law, Ajuria Lawyers and its associated entities shall not be liable for any errors, omissions, defects or misrepresentations in the information or for any loss or damage suffered by persons who use or rely on such information. Liability limited by a scheme approved under Professional Standards Legislation.

Have more specific questions about your visa? Get in touch with Ajuria Lawyers today.

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Visa processing
Visa processing for those in Australia and overseas continues, including for the subclass 482 TSS visa. Temporary visa holders continue to need a travel exemption to enter Australia (see below), however the Australian government has indicated that borders will reopen to skilled workers and students by the end of this year.

We are strongly urging clients to consider starting any TSS visa process now to mitigate expected processing backlogs and the usual Christmas slow down. We are still finding simple things like obtaining a medical appointment or police checks are taking much longer than pre-COVID, and waiting times are expected to increase given the rush of applications. Remember that many positions will require Labour Market Testing that will add at least an additional 28 days to the process.

Who is coming and going?
From 1 November 2021, fully vaccinated Australian citizens, permanent residents and their immediate family members can depart Australia without requiring an outwards travel exemption. Children under 12 and Australian citizens and permanent residents with acceptable proof they cannot be vaccinated for medical reasons will also be able to travel overseas without seeking a travel exemption.

Any other Australian citizens and permanent residents who do not meet the eligibility requirements (unvaccinated) must continue to follow the current border processes when leaving Australia or coming to Australia. This means applying for a travel exemption to depart and a 14 day mandatory hotel quarantine on return.

It is possible for temporary visa holders to leave Australia without needing a travel exemption. They do not need to be fully vaccinated, and do not need to show a vaccination certificate on departure. However, they continue to require a travel exemption to enter Australia (unless they are in an exempt category) until the Australian borders reopen. It is still recommended that temporary visa holders who wish to depart Australia and return, apply for a travel exemption before they leave Australia.

There are still caps on the number of passengers coming into Australia however this applies to those that do not meet the vaccination requirements.  For example, for New South Wales (NSW) this is 210 arrivals per week.

Who needs to quarantine?
International arrivals into NSW, VIC and the ACT who meet the requirements of vaccination and pre-departure testing are not required to quarantine or self-isolate, and may leave the airport and enter the community after clearing border control. This applies to Australian citizens, permanent residents and temporary visa holders.

Quarantine is still required in other states and territories for all international arrivals.

What are the current vaccination requirements?
A person will meet the vaccination requirements if they have completed a course of a Therapeutic Goods Administration (TGA) approved or recognised vaccine. Current vaccines and dosages accepted for the purposes of travel are:

• Two doses at least 14 days apart of:
  • AstraZeneca Vaxzevria
  • AstraZeneca Covishield
  • Pfizer/Biontech Comirnaty
  • Moderna Spikevax
  • Sinovac Coronavac
  • Covaxin (manufactured by Bharat Biotech, India)
  • BBIBP-CorV (manufactured by Sinopharm, China)
• Or one dose of:
  • Johnson & Johnson/Janssen-Cilag COVID Vaccine.

At least 7 days must have passed since the final dose of vaccine in a course of immunisation for a person to be considered fully vaccinated. Mixed doses count towards being fully vaccinated as long as all vaccines are approved or recognised by the TGA.

Unless vaccinated with the above doses or schedule, a person will not meet Australia’s definition of ‘fully vaccinated.’ This includes instances where the dosing schedule or vaccine eligibility differs in another country of origin. If Australia’s definition of fully vaccinated is not met, current border restrictions apply with the border processes when leaving Australia or coming to Australia. This includes requesting a travel exemption and undertaking mandatory quarantine. The TGA is evaluating other COVID-19 vaccines that may be recognised for the purposes of inbound travel to Australia in future. The most up-to-date information on approved and recognised vaccines is available on the TGA website.

What about children?
In VIC, all international arrivals under the age of 12 will not be required to quarantine if they do not meet the vaccination requirements. This also applies in NSW, provided they are accompanied by a person aged 18 or over who does meet the requirements.

Unvaccinated or partially vaccinated Australian children aged 12-17 years old arriving in NSW or VIC may also be eligible for reduced quarantine requirements.

ACT has modified quarantine conditions for international arrivals under the age of 18, and such travellers will be required to obtain an exemption from ACT Health to travel into the ACT.

International vaccination certificates
International arrivals into Australia can rely on vaccination certificates obtained from the country where vaccinated.

Anyone with a valid passport and COVID-19 vaccinations registered on the Australian Immunisation Register (AIR) can apply for an International COVID-19 Vaccination Certificate (ICVC). The ICVC will be provided in PDF format and can be printed or or shown electronically.

Travellers vaccinated overseas that cannot obtain an ICVC will need to present a foreign vaccination certificate.

For those with multiple passports, each international certificate includes a passport number in the person’s name. Multiple certificates can be obtained on multiple passports so that a certificate is linked to each passport.

Please contact us if you have any further questions.

DISCLAIMER This information is current as of date of publication and subject to change. The information contained in this publication is of a general nature only. It should not be used as legal advice. To the extent permissible by law, Ajuria Lawyers and its associated entities shall not be liable for any errors, omissions, defects or misrepresentations in the information or for any loss or damage suffered by persons who use or rely on such information. Liability limited by a scheme approved under Professional Standards Legislation.

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Overview
As many will be aware, the Minister of Immigration recently announced the introduction of a new residence visa pathway. The new visa, referred to as the ‘2021 Resident Visa’ is primarily aimed at providing residence to migrants who are currently in New Zealand and providing certainty to New Zealand businesses who are reliant on them.

Immigration New Zealand has now released the policy instructions for the new 2021 Resident Visa and individual eligibility as well when an individual can apply can now be confirmed. Further detail is provided below.

Eligibility Criteria
The key requirements an individual must meet in order to be eligible to apply for residence under the 2021 Resident Visa category (either in the first or second cohort) are as follows:

• Have been in New Zealand on an eligible work visa (or have applied for one and are subsequently granted that visa) on 29 September 2021; or
• Arrive in New Zealand on a Critical Purpose Visitor Visa (CPVV) as a critical health worker or other critical worker for more than 6 months before 31 July 2022 (additional requirements apply to nurses granted a CPVV to travel to and obtain occupational registration in New Zealand)

And meet:

• The settled criteria in New Zealand; or
• The skilled criteria; or
• The scarce

Principal applicants in Australia may also be eligible if they left New Zealand between 6 April 2021 and 23 July 2021 (inclusive).

Dependent family in New Zealand and overseas can be included in the residence application as secondary applicants if they meet dependency requirements. Dependent children aged 25 and over can also be included in some circumstances.

Settled Criteria
Applicants applying under the settled criteria must have lived in New Zealand for three or more years as of 29 September 2021. This means they must have first arrived in New Zealand on or before 29 September 2018.

Applicants must also have spent at least 821 days in New Zealand between 29 September 2018 and 29 September 2021 (inclusive). Immigration New Zealand will use their travel records to determine whether applicants meet the settled criteria.

Skilled Criteria
Applicants applying under the skilled criteria must normally be paid at or above $27/hour and have been paid this on 29 September 2021 and at the time their residence application is submitted.

The $27/hour requirement excludes employment-related allowances and bonuses and is calculated on base remuneration only.

To support an application for residence under the skilled criteria, applicants will need to evidence they meet the hourly rate through submission of:

• An employment agreement or letter from their employer confirming their pay and hours of work; and
• A full bank statement or Inland Revenue summary of income or pay slips

Applicants who received a pay rise effective after 29 September 2021 are not eligible under the skilled criteria.

Scarce Criteria
To be eligible for the 2021 Resident Visa under the scarce criteria, applicants must have been working in a scarce occupation on 29 September 2021 and at the time their residence application is submitted. A scarce occupation is defined as:

• A role on the Long-Term Skill Shortage List
• A role on the specified primary sector roles list
• A role that requires occupational registration in the health or education sector
• Other critical health care worker or personal carer roles as defined by policy including paramedics, aged and disabled carers and workers who install, operate, or maintain medical equipment

To support an application for residence under the scarce criteria, applicants will need to provide the following evidence:

• An employment agreement or letter from their employer confirming their occupation and hours of work; and
• Evidence of occupational registration in New Zealand (if applicable)

Health and Character Requirements
Acceptable standard of health and good character requirements apply to all residence visa category applications and the 2021 Resident Visa pathway is no different. However, the evidential requirements have been relaxed to allow for faster visa processing.

Health Requirements
Applicants will need to submit a Limited medical certificate, obtained via an authorised panel physician only if:

• They have not submitted a medical certificate to Immigration New Zealand in the last 36 months; or
• There have been changes to their standard of health since their previous medical was submitted; or
• Their standard of health was previously assessed by Immigration New Zealand as not meeting requirements

Character Requirements
Applicants are not required to provide police certificates with their application unless specifically requested by Immigration New Zealand.
Immigration New Zealand will obtain a police certificate from the New Zealand Police on an applicant’s behalf during the processing of the application.

Government Application Fee
Immigration New Zealand have confirmed the application fee for a 2021 Resident Visa will be NZD2,160 including GST.

Applicants will only be required to pay this fee once an in-principal decision (Approval in Principle) has been made on their application. It does not need to be made on application.

Once an in-principal decision has been made, applicants who have applied for residence under the Skilled Migrant or Residence from Work categories will be given the option to:

• Withdraw their Skilled Migrant Category application and use the fee from that application to cover the cost of the 2021 Resident Visa with a refund of the difference; or
• Withdraw their Skilled Migrant Category Expression of Interest or Residence from Work application and use the fee from that application towards the 2021 Resident Visa with the difference payable by the applicant before the application can be finalised

Applicants who chose not to withdraw their existing application will need to pay a fee of NZD1,330 for the processing of their 2021 Resident visa application.

How and when to apply
The application form for the 2021 Resident Visa will be available online from 1 December 2021.

Applications will be processed in two cohorts with the first cohort of applications being accepted from 1 December 2021 and the second from 1 March 2022. All applicants must be submitted by 31 July 2022. Applications submitted after this date will be declined.

Whether a migrant has already applied for residence under the Skilled Migrant or Residence from Work category or has submitted an Expression of Interest with a dependent child included in that application aged 17 or older, will determine whether they are eligible to apply in the first or second cohort.

Processing Timeframes and current Resident visa applications
Immigration New Zealand expect to process applications for residence under this new category within 12 months of receiving an application.

This means that some migrants who have already submitted a residence application are likely to obtain residence earlier if they submit a new application under the 2021 Resident Visa pathway than awaiting an outcome on their Skilled Migrant or Residence from Work category application. It also means that individuals holding Work to Residence visas under the Talent (Accredited Employer) and Long-Term Skill Shortage List instructions do not necessarily have to wait the 24 months normally required to be eligible to apply for New Zealand residence.

Given the Minister’s confirmation that selections of Expressions of Interest under the Skilled Migrant category will remain suspended until at least 31 July 2022, migrants who have submitted an Expression of Interest are also likely to benefit from applying for residence under the new category instead of waiting for selections to resume.

Next Steps
We recommend those individuals that are eligible to apply on 1 December 2021 commence their document preparation now.

Immigration New Zealand have confirmed that applications received from individuals in December 2021 who are not eligible under the first cohort must be declined. Therefore, those individuals who are not eligible until 1 March 2021 should wait until the new year before commencing the process.

Actions they can take in advance of their eligibility is:

• Ensure they hold an up-to-date passport valid for at least 12 months
• Obtain full unabridged birth certificates for them and their dependent family members (if not already held)
• If they wish to include a dependent partner or spouse in their application, gather relationship supporting documents to evidence living together and genuine and stable relationship requirements are met

If you have any questions on the updates provided or have employees who are interested in assessing their eligibility and applying for residence under the new 2021 Resident Visa pathway, please do not hesitate to contact us.

DISCLAIMER This information is current as of date of publication and subject to change. The information contained in this publication is of a general nature only. It should not be used as legal advice. To the extent permissible by law, Ajuria Lawyers and its associated entities shall not be liable for any errors, omissions, defects or misrepresentations in the information or for any loss or damage suffered by persons who use or rely on such information. Liability limited by a scheme approved under Professional Standards Legislation.

Have more specific questions about your visa? Get in touch with Ajuria Lawyers today.

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Resumption of new Employer Accreditation and Work Visa framework

The Government has set a new date for the introduction of the New Zealand Accredited Employer Work Visa (AEWV) and associated framework. The intention is for the new framework and associated requirements to be effective from 4 July 2022.

Applications for accreditation under the new framework will open on 9 May 2022 and, under the new framework, employers will need to be accredited in order to support migrants to obtain employer supported work visas.
The intention of the new framework remains to encourage businesses and regions to train, upskill and hire New Zealand workers while continuing to support the use of migrant workers where a genuine skill or labour shortage exists.

Key dates

• 31 October 2021: Closure of Talent (Accredited Employers), Long Term Skill Shortage List and Silver Fern Practical Experience Work Visa categories to new applications
• 9 May 2022: Applications open for Employer Accreditation under new framework as well as submission of Job Checks
• 3 July 2022: Applications close for Essential Skills Work Visas under current system
• 4 July 2022: Applications open for Accredited Employer Work Visas and full launch of new framework

Employers can continue to employ new onshore temporary migrant workers on an Essential Skills Work Visa, without employer accreditation, until 3 July 2022 and the launch of the new Accredited Employer Work Visa.

Closure of three existing visa categories
The Talent (Accredited Employers) Work Visa and the Long-Term Skill Shortage List Work Visa categories will close to new applications on 31 October 2021 in preparation for the new immigration framework. The Silver Fern Practical Experience Work Visa category will also close on the same day.

Existing Work to Residence visa holders are able to continue on their pathway to residence.
Applications for the Silver Fern Practical Experience work visa will not be accepted after 31 October 2021.

Applications submitted by 31 October 2021
People who have made an application for a Talent (Accredited Employers) work visa or Long-Term Skill Shortage List work visa on or before 31 October will have their application processed and, if approved, will also maintain a pathway to residence.
To ensure that visa holders and applicants are not disadvantaged by the diminishing number of employers who hold accreditation status, Talent (Accredited Employers) work visas may be granted if an employer’s accreditation has expired between the time the visa application was made and it being decided.

The closure to new applications is effective 1 November 2021. However, all other transitional instructions are effective now and can be applied to applications that have already been submitted to Immigration New Zealand but have not yet been decided.

First time applications for the Talent (Accredited Employers) work visa and Long-Term Skill Shortage List work visa will not be accepted after 31 October 2021.

Changing employers
Greater flexibility has also been introduced for existing Talent (Accredited Employers) work visa holders.

The conditions of a Talent (Accredited Employers) work visa may now be varied to allow work for an employer who held accreditation status after 31 March 2021, even if the accreditation has since expired.

Submitting a Residence from Work application
Changes have been made to ensure that the residence pathway for Talent (Accredited Employers) work visa holders is maintained.

Talent (Accredited Employers) work visa holders can apply for Residence under the Residence from Work instructions beyond 31 October 2021 on the basis that they:

• Hold a valid Talent (Accredited Employers) work visa; and
• Have held a valid Talent (Accredited Employers) work visa for at least 24 months; and

One of the following:

• Have been employed by an Accredited Employer for a period of at least 24 months; or
• Have been employed by an employer that is no longer Accredited but who held Accreditation at the time the Talent (Accredited Employers) work visa was granted and the terms of employment continue to meet all other requirements.

Awaiting a Residence from Work application decision
Migrants who have a current Talent (Accredited Employers) or Long-Term Skill Shortage List work visa will not be affected by the closure of these categories as long as they continue to meet their visa conditions and their visa remains valid.

Work to Residence visa holders who have applied for a Residence from Work visa may apply for a subsequent Work to Residence visa after 31 October 2021, if they meet the requirements under the relevant visa category and their application for residence under the corresponding Residence from Work instructions has not yet been decided by Immigration New Zealand.

Offshore Work to Residence Visa holders
Applications for subsequent Talent (Accredited Employers) or Long-Term Skill Shortage List work visas will remain open for people who had begun employment in New Zealand on one of these visas but departed New Zealand before 19 March 2020, when the borders were closed, and who return to New Zealand after 31 October 2021.

If you have any questions on the updates provided, please do not hesitate to contact us.

DISCLAIMER This information is current as of date of publication and subject to change. The information contained in this publication is of a general nature only. It should not be used as legal advice. To the extent permissible by law, Ajuria Lawyers and its associated entities shall not be liable for any errors, omissions, defects or misrepresentations in the information or for any loss or damage suffered by persons who use or rely on such information. Liability limited by a scheme approved under Professional Standards Legislation.

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