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.

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

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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.

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

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Further to our update earlier today about NSW’s new quarantine arrangements from 1 November 2021, the Australian Prime Minister has this afternoon confirmed:

• From 1 November 2021, fully vaccinated Australian permanent residents/citizens will no longer need a travel exemption to depart Australia.
• At this stage, all temporary visa holders, whether vaccinated or not, will still need an exemption to enter Australia. It is expected these arrangements will be in place until Australia reaches Phase D of the National Plan, anticipated to be around December.  The date for this has not been confirmed.
• Quarantine requirements will continue to be decided by each State/Territory Government. NSW has announced that from 1 November there will be no need for quarantine (including home quarantine)  for vaccinated travellers.
• Parents can now enter Australia subject to having the appropriate visa.

This was quickly followed by Qantas’ announcement that it will bring forward its planned restart date for international flights from NSW to 1 November.

Can temporary visa holders depart and then return to Australia?
Yes they can depart at any time but will still need a border exemption to re-enter Australia.

For those wanting to go overseas for Christmas, they should be advised that there is no set date on when the current border exemption requirement will be removed although it is hoped it will be by December.

Should employers be initiating visas now?
For businesses and individuals planning travel to Australia in the New Year, we recommend getting started on the visa process now in order to avoid delays due to processing backlogs.

What next
Things are changing rapidly as Australia gets ready to open up. We are holding a webinar with the latest updates on Monday, 18 October 2021 at 2pm AEST.
REGISTER HERE

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 NSW Government has today announced that all quarantine arrangements will be removed for fully vaccinated travellers into NSW from 1 November 2021.

What does this mean
From 1 November all arrivals into NSW, including temporary visa holders AND Australian citizens and permanent residents, who are fully vaccinated with an  Australian government TGA-approved vaccine, will no longer need to quarantine in a hotel or even at their home.

What about those already in hotel quarantine
Fully vaccinated travellers already in quarantine will complete their quarantine requirements on 1 November, even if it is less than 14 days.

What about testing?
Further advice about testing requirements for arrivals will be provided in coming days.

What if not vaccinated or the vaccine is not recognised by the TGA?
Those travellers will need to go into the 14 day hotel quarantine and will be subject to flight caps of 210 arrivals per week in NSW.

Do temporary visa holders still need travel exemptions to enter Australia?
Yes. These are not managed by the NSW government but by the Australian Border Force Commissioner. It is expected these arrangements will be in place until Australia reaches Phase D of the national plan which is expected to be around December.

When will all international travel resume with no requirement for travel exemption requests for temporary visa holders?
This is expected in December 2021 once we reach Phase D of the National Plan.

More information will be provided as we receive it but if you have any questions please contact your Ajuria Lawyers advisor.

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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Australia’s Prime Minister, Scott Morrison has announced that fully vaccinated Australian citizens and permanent residents (Australians) will be able to return home sometime in November 2021.

The PM also announced the end to flight caps for Australians opening the possibility of earlier returns to Australia.

The announcement contained no new information about travel for visa holders and so the current arrangements will remain in place until further notice. However, the changes to arrival limits will hopefully make it easier to secure flights.

The exact timing of the new rules for Australians will vary across the states & territories across Australia but it is expected that New South Wales will be the first Australian state that will reopen in accordance with their vaccination rollout.

All fully vaccinated Australians will be able to quarantine at home for a period of 7 days. These vaccinations must be TGA-approved, although two further vaccines that are made in China and India (Sinovac & COVID Shield) will also be recognised for the purpose of travel.

However, quarantine will remain in place for unvaccinated Australians and visa holders who will still be required to undergo quarantine at hotels or other dedicated quarantine facilities for 14 days.

The Australian government is also still working towards creating further travel bubble with certain countries to allow for quarantine-free travel.

We will provide further updates as soon as we receive them.

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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Introduction of the 2021 Residence Visa
The Minister of Immigration has today announced the introduction of a new Residence visa pathway.  The new visa, referred to as the ‘2021 Residence 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.

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.  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.

Immigration New Zealand intends to release the policy instructions for the new 2021 Residence visa by the end of October 2021.  However, high level guidance on the eligibility criteria and cohorts that have been released by the government to date can be found below.  Note that as the finer details have yet to be released, these are subject to change but correct at the time of writing.

Eligibility Criteria
The key requirements an individual must meet in order to be eligible to apply for Residence under the 2021 Residence 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

and:

• Have lived in New Zealand for three or more years as of 29 September 2021; or
• Earn $27/hour or more as of 29 September 2021; or
• Work in a scarce occupation (i.e., in a role on the Long-Term Skill Shortage List, in specified primary sector jobs, as a critical health care worker or in a job in the education or health sector that requires occupational registration)

The Immigration New Zealand application processing fee for a 2021 Residence visa is yet to be finalised.

Processing Timeframes
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 Residence 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.

Skilled Migrant Residence Category
Finally, with the introduction of the new 2021 Residence Visa, the Minister has confirmed 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 likely to benefit from applying for Residence under the new category instead of waiting for selections to resume.  However, details on whether refunds will be issued to those that choose to withdraw their Expressions of Interest are not yet confirmed.

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.

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

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Closure of Talent (Accredited Employer) and LTSSL Work Visa Applications

As advised in our previous newsletter, the Minister of Immigration has delayed the implementation of the new Accredited Employer Work Visa (AEWV) framework and associated mandatory accreditation standards, due to come into effect on 1 November 2021, to at least mid-2022.

Despite the delay in the new framework, the Minister has now confirmed that some of the changes that had been announced as part of the transition to the new framework will still go ahead. Specifically, the closure of the Talent (Accredited Employer) Work visa and the Long-Term Skill Shortage List (LTSSL) Work visa will happen on 31 October 2021. Note that this is different to our last newsletter, when the intention was for these visas to continue to be applied for beyond October 2021.

Those employers who were able to obtain Accreditation before applications closed on 30 June 2021, or who hold Accreditation that remains valid for some time will be able to leverage their status to support Work to Residence – Talent (Accredited Employer) work visa applications up to 31 October 2021 only. After this date, new applications will not be possible.

Visa Processing during Level 4 lockdown

Outside of Auckland the majority of Immigration New Zealand’s offices have resumed operations with the move to COVID-19 Alert Level 2. The Auckland offices remain closed. As the primary receiving centre for paper-based applications this has caused delays to the processing of most applications.

While mail has now been redirected from the Auckland documentation office to Immigration New Zealand offices outside the city, there will continue to be delays in the receipting and lodgement of paper applications. Therefore, applicants are encouraged to submit their visa applications using INZ’s Online system where possible. Online applications are being prioritised.

In addition, Immigration New Zealand has released an online request portal for Variation of Conditions applications for work visa holders. These applications are being processed in the order received, with priority given to paper applications submitted prior to lockdown. Only Variation of conditions applications related to work visas can be requested through this new channel. Individuals applying to vary the conditions of their visa to study, for example, will still need to submit paper-based applications in the normal manner.

Skilled Migrant Residence Category

Finally, a further update on the Skilled Migrant Category. Whilst selection of Expressions of Interest under the Skilled Migrant Category remains suspended, the Minister’s latest update on 14 September 2021 advised that an announcement on the resumption of selections could be expected by the end of 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.

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

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Ajuria Lawyers is proud to work with Talent Beyond Boundaries in its mission to find employment and permanent residence solutions for refugees worldwide.

What does TBB do?
TBB can connect your business to a candidate pool of more than 25,000 skilled professionals across many industries such as ICT, hospitality, construction, manufacturing and health. Candidates include skilled trade workers, engineers, healthcare professionals, software developers, and teachers.

Candidates are refugees and their families have been displaced from their homes and home countries and are in desperate need of permanent relocation and settlement solutions – a job is core to that.

TBB provides a full remote recruitment service, including identifying suitable refugee candidates and assisting employers in conducting video interviews and skills validation. TBB also helps with relocation, settlement support, cultural awareness programs.

How you can be involved
We know a lot of our clients will be interested in this. If your business would like to help change the lives of a talented individual from outside your usual candidate pool, then the process is as follows:

1. Seek any internal approvals – the candidates do not have money, so the business will need to meet costs.
2. Tell us you would like to be involved.
3. We will work with TBB to send you potential candidates.
4. TBB will help you set up interviews, trade tests etc.
5. We will guide you and the successful candidate through the immigration process and help with visas.
6. TBB will help arrange relocation and settlement services.

How is Ajuria helping
Ajuria is donating our time and expertise to help connect TBB and employers and help the candidates navigate the immigration process.

We have set up a team of volunteers who are happy to answer questions and provide expert guidance.

Throughout our pro bono program, we will offer our free legal assistance as much as we can.

What to do next
If your business is interested in becoming involved just let your Ajuria team know and they will provide you with further information and next steps.

Donations
You can also make a direct donation to TBB through their website.

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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