Expanded Work Rights for Partners of Migrant Workers: What This Means for You

In a significant shift for migrant families, New Zealand is broadening work rights for partners of migrant workers under the Accredited Employer Work Visa (AEWV) and Essential Skills Work Visa. Effective 02 December 2024, more partners will qualify for open work rights, meaning they can seek employment with any New Zealand employer.

Key Points of the Policy Update

Under the new guidelines, partners will be eligible for open work rights if the primary applicant meets certain employment criteria. Specifically:

• All partners of AEWV holders earning at least $25.29 an hour if they were already supporting a partner for a work visa on 26 June 2024.

• All partners of Essential Skills Work Visa holders earning at least $25.29 an hour.

• All partners of AEWV holders working in an Australian and New Zealand Standard Classification of Occupations (ANZSCO) Level 1-3 role and earning at least NZD$25.29 an hour (80 percent of the standard median wage)

• Partners of AEWV holders working in an ANZSCO Level 4-5 role:

  • earning at least $47.41 an hour, or

  • earning at least $31.61 an hour in a role on the Green List and meeting the Green List requirements for that role, or

  • earning at least $25.29 an hour and meeting the requirements of a role in the Transport or Care Sector Agreements (or the wage specified in the sector agreement, whichever is higher).

Why This Change Matters

This expansion of work rights is a welcome development for migrants who relocate to New Zealand with their families, often encountering challenges in balancing family needs with visa requirements. This policy changes makes New Zealand more attractive when competing against other countries for skills. With open work rights, partners can now explore job opportunities without the constraints of employer-specific or limited-duration work permissions, adding greater resilience to families’ financial stability and aiding partners’ professional growth.

For accredited employers, this update also brings potential benefits by helping retain valued staff whose family stability and income may be enhanced. Partners with children tend to take up part time roles to work around their families. Employers will no longer need to pay $29.66 per hour, a pay rate that was too cost prohibitive for some.

What Should Partners Do If They Have Conditions?

Current holders of partner work visas with specific employment conditions, will be able to apply to vary their visa conditions to switch to open work rights, if their partner meets any of the above situations. The eligibility is complicated and we suggest consulting a Licensed Immigration Adviser or exempt person. The Depart Immigration can assist with your needs.