New family restrictions on migrant workers

In April 2024 the government added restrictions to the entry of low-skilled workers. The maximum time a low-skilled worker can work in New Zealand was reduced from five to three years. The “labour market test" was strengthened now requiring employers to engage with Work and Income as well as national job advertising. Plus a new requirement for 3 years of proven work experience or a formal relevant qualification.

A recent announcement will stop some migrant workers bringing family members to New Zealand.

From 26 June 2024, low-skilled workers (jobs classified at ANZSCO Level 4 and 5) cannot bring family to New Zealand on visitor, student or work visas unless they qualify for a visa in their own right (e.g. international student fees for a child are paid and an approved place of study has been offered).

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 time 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.

The type of visas (i.e. student, work or visitor) that migrant workers can support for their partner and children now depends on the ANZSCO skill level, if they meet the Green List or Work to Residence sector agreements, and how much they earn.

If you are recruiting new workers from overseas the discussion usually will involve how family can come to New Zealand. Malcolm Pacific Immigration can help by assessing whether visas can be obtained for family members. The blanket ban on the family of low-skilled workers does not mean there are aren't other visa pathways.

A few have been upset by this change, but the reality is that New Zealand's health and education systems plus housing availability have been stretched by high net migration numbers. This is the government’s taking action to remove some of the heat off critical infrastructure. The timing coincides with a cooling in the job market which means more Kiwis are looking for work.

Call Malcolm Pacific Immigration to assess whether visas can be obtained for family members of your migrant employees.