How long you can stay on an AEWV?

Understanding Visa Duration and Stay Limits on the Accredited Employer Work Visa (AEWV)

Welcome to the third installment of our series on the April 2024 updates to the Accredited Employer Work Visa (AEWV) in New Zealand.

After checking into the new English language requirements and minimum skill criteria in our previous posts, today we explore an equally important aspect if not the most important of all: the duration of stay allowed on an AEWV and what you need to watch out for under the new regulations.

If you don't remember anything after reading this newsletter, the key takeaway is this:

The days of arriving in New Zealand with just a suitcase and a dream are over. Today, Immigration New Zealand's policies are increasingly detailed and geared towards automation and simplification in decision-making. The importance of meticulously planning your immigration journey cannot be overstated—it’s essential, not optional. Securing a visa is just the beginning; the true prize is understanding your pathway to residency. That’s where your future is truly unlocked.

What Determines Your Stay Duration on an AEWV?

The total time you can remain in New Zealand on one or more AEWVs, often referred to as the "maximum continuous stay," is influenced by three main factors:

• The pay rate of your job,
• The ANZSCO skill level of your position,
• The date you applied for your first AEWV.

Key Elements Affecting Your Visa Duration:

Understanding how long you can legally work and reside in New Zealand on an AEWV is crucial for planning your stay and ensuring compliance with immigration laws.

Here are the critical components that you need to know:

Maximum Visa Length and Continuous Stay:

Maximum Visa Length: This term refers to the total time period that your visa is valid for after it is issued. In simple words, it tells you how long you can stay in New Zealand before your visa expires and needs to be renewed or if you need to exit the country.

The length of your visa can vary significantly depending on the specific terms set by Immigration New Zealand, influenced by factors such as your job’s ANZSCO level, your salary, and the date you applied for your visa.

For example, if you are in a highly skilled role that pays well above the median wage, you might be eligible for a visa that lasts up to 5 years. Conversely, for lower-wage or lower-skilled positions, the visa might be limited to only a few months or years.

Continuous Stay: This refers to the maximum amount of time you can continuously stay in New Zealand on one or more AEWVs without leaving the country.

Immigration New Zealand sets this limit to ensure that individuals do not use temporary visas as a way to permanently bypass residency requirements.

Continuous stay limits also help manage the flow and integration of skilled workers into the country, ensuring opportunities for domestic workers while still benefiting from skilled immigration.

The duration of your continuous stay may be affected by the same factors as your visa length. In some cases, even if your visa has a maximum length of 5 years, the continuous stay might be capped at a shorter period, requiring you to leave New Zealand temporarily before applying for a new visa.

Mandatory Time Outside New Zealand

After the maximum continuous stay has been reached, visa holders are required to spend a mandatory period outside New Zealand. This is also known as the "stand-down" period.

This rule is designed to prevent the continuous and uninterrupted stay of temporary workers in New Zealand, encouraging them to either return to their home countries or apply for residency through the appropriate channels if they wish to stay longer. That's why having a residence pathway or building one, it is crucial if your goal is to make New Zealand your forever home.

The length of the mandatory time outside New Zealand can vary based on your wage level and the specifics of your job category.

For instance,12 months is typical for workers who earn at or above the median wage and are not in meat or seafood processing roles.

4 months it is specifically for those in lower-wage roles within the meat and seafood processing sectors.

These periods ensure that the policy objectives of temporary work visas are met, helping to maintain a balanced approach to workforce management in New Zealand.

We encourage you to fully understand these key elements—Maximum Visa Length, Continuous Stay, and Mandatory Time Outside New Zealand— because with them in mind, you can better plan your immigration and visa trajectory, as well as you personal and family life around your visa conditions.

This knowledge not only helps in compliance with immigration policies but also in making informed decisions about employment and residency in New Zealand.

For those who are already in New Zealand, we suggest that you update your immigration plans as the 7th April AEWV policy update, no doubt has altered many plans. Don't leave it to chance.

Why Is This Important?

Whether you are onshore or off shore planning your life in New Zealand, understanding these duration limits is crucial for planning your career and residency in New Zealand. It affects how you strategize job applications, visa renewals, and even your long-term settlement plans in the country.

Practical Tips and Warnings:

Before I sign off for today, let's think about what you could be doing to survive these changes and plan ahead:

• Know where you stand: Don't underestimate the potential changes to your current visa or your future plans. Know exactly how these changes affect you and your family.
• Be Proactive with Your Applications: Always apply for a further AEWV before your current one expires to avoid any gaps in your legal status.
• Document Your Stay Carefully: Keep thorough records of your employment and visa dates to ensure compliance with maximum stay rules.
• Plan for Your Time Abroad: Knowing the required duration to spend outside New Zealand after your visa expires can help you plan your career breaks and manage your personal commitments more effectively.
• Have a plan B-C-D: If the changes have been "cruel" to you, learn what you can do to create a pathway for your New Zealand residence plans or consult with a Licensed Immigration Adviser who can help you plan your stay in New Zealand for the long term. A small cost to pay compared to how much you can loose otherwise.

Ava Sanchez Neal

LIA200900809

Upcoming in This Series: Introducing the VisaPath Explorer

Get ready for an insightful dive into the world of New Zealand's updated immigration policies in our next post. We're excited to showcase the VisaPath Explorer, our innovative new tool designed to simplify how you calculate visa durations and plan your stay in New Zealand.

With VisaPath Explorer, navigating the complexities of immigration becomes straightforward and stress-free.

What to Expect Next?

In our upcoming article, we will present specific scenarios reflecting the new rules, providing you with practical examples and detailed advice on how to effectively navigate these changes. Whether you are a new applicant puzzled by the visa process or a long-term planner seeking to maximize your time in New Zealand, these scenarios will help clarify how the VisaPath Explorer can be your essential guide.

Highlights Include:

• Real-Life Applications: See how different visa scenarios play out with our step-by-step guides.
• Strategic Advice: Learn how to use the VisaPath Explorer to maximize your opportunities in New Zealand's dynamic job market. We'll cover everything from choosing the right visa category to planning your mandatory time outside New Zealand.

Comprehensive Support from VisaPlex

At VisaPlex, we are more than just a consultancy; we are your partner in navigating New Zealand's immigration landscape. From the initial assessment to final application, we are here to provide you with comprehensive support and expert advice.

Connect with us today to start planning your future with confidence and clarity

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Join us as we explore the possibilities and empower you with the knowledge to succeed in New Zealand. Stay tuned for the VisaPath Explorer – your new key to unlocking a smooth immigration experience.