New family restrictions for migrant workers

The government has tightened the situations where migrant workers can bring family to New Zealand. This change went live on 26 June 2024 and affects people who work in low-skilled jobs (ANZCO Level 4 or 5).

It does not affect families already in New Zealand who hold a valid visa based on the relationship with the migrant worker.

The government made this move because the high net migration numbers have placed extra strain on our education, health and housing infrastructure. It has been rolled out when the job market is softening and more Kiwis are looking for work.

The new rules do not affect low-skilled migrant workers who:

• held or have an application in progress for a "dependent family visa" on or before 26 June 2024; or
• are paid at least 1.5 times the median wage of the Skilled Migrant median wage (currently $47.41 per hour); or
• work in an occupation on the Green List and meet the role's requirements; or
• work in an occupation on the Transport or Care Work to Residence sector agreements and meet the role's requirements for residence

It does not mean family are banned from coming to New Zealand. If a migrant worker wants their family to join them then the family will need to qualify for a visa in their right (not based on the relationship with the migrant worker). For example, if a school-age child wants to study in New Zealand while their parent is working then a student visa as an international student must be applied for. That would require international tuition fees to be paid and secure an offer of place to study from an approved institution.

Likewise, if a partner wants to visit or work while the migrant worker is working, a visa application would be assessed under the normal immigration rules (not family-based).

The type of visa (i.e. student, work or visitor) a migrant worker can support for their partner and children will depend on the ANZSCO skill level, whether you meet the Green List or Work to Residence sector agreements, and how much you earn.

Malcolm Pacific Immigration are experts in assessing if visa applications have the potential to succeed. Contact our team for professional immigration advice today.‍