Is Your Partner Eligible For Open Work Rights From Dec?

Immigration New Zealand, on 23 October 2024, announced changes to the work conditions of certain partnership-based visas. These changes will allow the partners of AEWV/Essential Skills visa holders to get open work rights, without the restriction of having to work only with an accredited employer and earn a certain wage threshold.

This is a welcome step for many migrants who were struggling to find work or were not able to support their partners to come live with them in New Zealand.

It is pertinent to note here that not ALL partners have become eligible for an open work visa. I have tried to simplify the eligibility criteria below for the readers of Indian Weekender. 

• I am an AEWV holder. Is my partner eligible for the grant of open work rights?

Yes, if you are an AEWV holder working in a Skill Level 1-3 occupation and earn at least $25.29/hour. 

• I am an AEWV holder (skill level 4 and 5 on ANZSCO) and my current wage is $25.29/hour or above. Is my partner eligible for an open work visa? 

Yes, if on 26 June 2024 your partner held a relationship-based visa supported by you or had an application in progress on 26 June 2024 which was later approved.

• I hold an Essential Skills visa and am getting paid $25.29/hour or above. What about my partner?

If you earn $25.29/hour or above, your partner may be eligible to get open work rights. 

• Who else is eligible to support their partner for an open work visa?

AEWV holders earning at least $47.41/hour for any role can support their partners for an open work visa. You may also be eligible if your role is in the Green List (and you meet its requirements) and you earn at least $31.61/hour in a role on the Green List. 

• I am in an acceptable employment under the Transport Sector Work to Residence policy and my wage is $25.29/hour or more with the exception of the requirement to have completed 24 months of work in New Zealand. 

Yes, your partner is eligible to apply for a partnership-based work visa allowing them open work rights.

• I am in an acceptable employment under the Care Sector Work to Residence policy and my wage is $25.29/hour or more with the exception of the requirement to have completed 24 months of work in New Zealand. 

Yes, your partner is eligible to apply for a partnership-based work visa allowing them open work rights. INZ has clarified that a person employed in a care workforce role needs to earn at least NZ$28.25 to support their partner with an open partnership-based work visa.

• So, who has lost out on claiming this opportunity?

AEWV holders in skill level 4-5 roles who do not meet the Skill level 4-5 conditions outlined above and whose partners did either not have a relationship-based visa or had not applied for one supported by them on 26 June 2024, lost out the most. 

To those who have become eligible, congratulations and best wishes.

(Hemant Kaushal is a Licensed Immigration Adviser who runs his own practice in Auckland. His practice handles various simple and complicated immigration matters. Nothing in this article constitutes immigration advice and we strongly recommend you consult a Licensed Immigration Adviser or a lawyer to discuss your specific circumstances.)