Immigration NZ Covid Recap

It has been a very long year with lots of twists and turns. Covid (Coronavirus) brought with it lots of immigration law changes. We know it can be a bit confusing to keep track of it all, so we’re giving you an update today based on the type of visa you hold. We are covering the popular visas types today and addressing questions that we’ve had clients ask us a lot recently. If you have any other visa types you would like us to address, please let us know at pooja@dslaw.nz.

D&S Law will be open throughout the holiday period and we are happy to help with any issues you may have. Call us on 029 122 5070 or 021 254 7570.

TEMPORARY VISAS

Offshore temporary visa applications have been suspended until May 2021. Processing of applications already made has also been suspended. This does not include visas for partners of New Zealanders and a few other categories.

Employer assisted work visas

Important now

• If you hold a visa which expires between 1 January 2021 and 30 June 2021, it will automatically be extended for another 6 months. Visas held by your partner and/or dependent children (if based on their relationship with you) will also be extended.

• You should receive confirmation of this extension from INZ by March 2021.

Important soon – mid-2021

• One new employer assisted work visa will replace the following categories:

  • Essential skills work visa

  • Essential skills work visa – approved in principle

  • Talent (Accredited employer) work visa

  • Long Term Skill Shortage List work visa

  • Silver Fern Job Search Visa

  • Silver Fern Practical Experience visa

• The new employer assisted process will involve three steps

  • Employer check – All employers will have to meet an accreditation level based on how many visa holders they will to support

  • Job check – INZ will check the conditions of the job and determine whether the labour market test requirements

  • Migrant worker check – the worker will apply for the visa once the job is approved. This stage will involve the usual character, health etc. check for the migrant worker.

Partnership-based work visas

• If you are offshore and are the partner of a New Zealand resident or citizen, you can apply for a border exemption to travel to New Zealand.

  • If granted an exemption, you must apply for the visa within one month of receiving your invitation to apply. This cannot be extended over the holiday period or otherwise.

• If you are onshore, and have a partnership based work visa as a partner of a worker;

  • if your worker partner holds an employer assisted visa, and this visa will expire between 1 Jan and 30 June, then your visa will automatically be extended along with theirs for 6 months.

  • if your worker partner holds an open work visa then you must both apply for new visas before they expire. Remember that you might not be able to work on the interim visa depending on what kind of visa you hold and what you are applying for.

Visitor visas – including working holiday

• INZ extended visitor visas expiring on 25 September 2020 until around February 2021. If you have not already applied for another visa, or found a way to head home, you need to seriously think about your options. Our advice would be to make a visa application as soon as you can to ensure you are not unlawfully in New Zealand.

• From 26 December 2020, working holiday visa holders, will not automatically be transferred to Supplementary Seasonsal work visa holders when the working holiday visa expires.

• If you working holiday visa expires between 21 December 2020 and 30 June 2020, it will be extended for 6 months. You will be allowed to continue in any employment that is not permanent in any sector until your visa expires.

RESIDENCE

Skilled Migrant Category

• EOI selection remains closed until March 2021. EOIs can still be lodged, but will not be selected.

• Applications which have already been submitted are being allocated to officers. Currently, INZ is allocating applications received in June 2019.

• Once allocated, it is taking around 3-4 months for applications to be decided. However, this will obviously depend on your individual circumstances.

Partnership based residence

• Applications for residence visas are still accepted onshore and offshore

Have questions? Get in touch.

dslaw.nz

029 122 5070
021 254 7570

pooja@dslaw.nz
stewart@dslaw.nz

D&S Law will be open throughout the holiday period and we are happy to help with any issues you may have.