COVID-19 FAQ
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We receive updates from INZ on questions that are frequently asked and would like to share this with you.
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National Area Documentation Office (NaDO)
The National Area Documentation Office (NaDO) has now reopened with a small number of staff now able to work onsite. The NaDO staff have been focused on opening and tendering the high volume of mail received during the lockdown period.
What date will be used as the lodgement date of my application that I couriered in / posted in?
The received application date will be the date that is shown on the courier consignment note. If there is no date to be found, the received date applied will be the date INZ opens your application at NaDO.
What if I want to dispute the date of lodgement of my visa application?
INZ understands that it has been difficult to complete and submit paper applications during COVID-19 lockdown. Disputes of lodgement dates may be considered on a case by case basis once the application has been allocated.
I have been granted an extension to my visa under the Epidemic Management Notice. Will the visa application I submitted still be processed?
Yes. Applications will continue to be processed in line with processing priorities during COVID-19.
What if my paper visa application is incomplete because I have not been able to get all the required documents during the Covid19 lockdown? Will my visa application be returned due to failing to meet mandatory lodgement requirements?
No. INZ understands that it may have been difficult to submit all required documents with your paper application. INZ will note the missing documents at lodgement and request that you provide the mandatory documents as soon as you are able. INZ will not be able to process the application until the required documents have been received.
Labour Market Tests
Why am I being asked for updated information about the availability of New Zealanders?
Under current immigration instructions, INZ needs to balance facilitating businesses getting the workforce they need, and protecting the employment opportunities of New Zealanders. COVID-19 has had significant impacts on New Zealand’s job market, and unemployment rates are rising. Assessing applications only on information provided before the impacts of COVID-19 does not align with the requirement to protect the employment opportunities of New Zealand. This means that INZ needs to ensure that no New Zealanders are available to do the work being offered, before visas are granted to any migrant employees.
Do I have to re-advertise?
Employers aren’t required to re- advertise the vacancy, but they may need to provide updated information that there are still no New Zealanders available in this current job market, to the best of their knowledge. Employers may choose to re-advertise as part of providing further evidence.
What does genuine and sustainable mean? My business is receiving the wage subsidy, does this matter?
The employment offered to Essential Skills visa applicants needs to be for real and genuine work, for at least 30 hours per week. Essential Skills work visas are granted for a period of either 12 months, three years, or five years, and consideration needs to be given to whether the work being offered is going to remain available for the entire duration of the visa. It’s likely that New Zealand’s economic situation is going to continue to change, and employers must be confident in their ability to continue trading (to the best of their knowledge).
The wage subsidy provides support for business who have experienced a reduction in revenue, and doesn’t necessarily mean the business won’t be sustainable going forward. Employers receiving the wage subsidy can still hire Essential Skills work visa applicants.
I’m confident my business and the employment is sustainable. But what happens if my business’s situation changes, and I can’t keep my workers on?
If your business situation changes then you must go through normal employment law processes. Any work visas holders who are made redundant would then need to obtain new employment and either obtain a new work visa or vary their existing visa to begin that new employment if they wish to work and remain in New Zealand.
What kind of things does INZ usually take into consideration if there are no New Zealanders available for the role being offered?
INZ considers a range of factors when determining whether any suitable New Zealanders are available for the work. This includes, but isn’t limited to, things like:
Timing
How long will it take to process the Essential Skills work visa application I’m supporting?
Due to the complexities of the situation and INZ’s current limited visa processing capability, we’re unable to give exact timeframes of when these applications will be processed. However, we aim to do so as quickly as possible given the current constraints on visa processing resources.
Can I submit this further evidence now, even though I haven’t been asked for it yet?
INZ will request additional evidence at the time the application is being assessed.
Skills Match Report
What is the Skills Match Report (SMR) and why is it important?
Current immigration instructions require employers seeking to employ an overseas worker for an occupation with an ANZSCO skill level of 4 or 5 are required to obtain a SMR from the Ministry of Social Development (MSD). A SMR details if any New Zealanders are available to work in the role being offered to the migrant worker. One can only be issued to employers who have advertised their vacancy with Work and Income New Zealand, where no suitable New Zealanders have been found.
Will I be able to get an SMR from MSD?
MSD have confirmed that SMR’s are available to employers who engage with MSD to recruit New Zealanders for vacancies.
General
What about if the role I want to recruit for is on the skills shortage list?
No New Zealanders are considered available if the job offered is on one of the skills shortage lists, and the applicants meets the qualification and work experience required by the list for that particular job.
What if I want to hire someone under the Skilled Migrant Category?
There is no labour market test for applications under the Skilled Migrant Category (SMC).
I need to hire someone but I can’t pay them a full wage like I normally would. How does this impact the work visa application?
To be granted an Essential Skills work visa, the applicant must be paid the market rate for the role. Where you are unable to pay them the normal rate for the role, then you should provide evidence that either the market rate for the role has changed, or reasons why the visa should be granted despite the market rate not being paid. These applications will be assessed on a case-by-case basis. The wage or salary paid must also always be above the minimum wage. The pay offered may also affect the duration of the visa and whether the visa holder is able to support visas for family members.
What if I want to recruit migrant workers in the future – how long will these changes be in place?
Decisions around changes to Immigration Instructions are made by the government. INZ and the wider Ministry of Business, Innovation and Employment is working through possible options for longer term solutions, and providing advice to the Minister of Immigration. This is a rapidly evolving situation and we’re unable to give a timeframe at this stage, but will keep employers informed and provide more information as decisions are made. In the meantime INZ will continue to process visas according to current Government policy as expressed in immigration instructions.
There might be New Zealanders available somewhere, but people aren’t able to move regions due to COVID-19. Does this mean I still have to hire them over migrant workers?
Employers who are unable to recruit New Zealanders for a vacancy due to COVID-19 restrictions should be able to provide evidence of particular barriers where this is the case.
If I can’t hire the migrant worker I need, I’m not going to be able to keep my business running. What options are available?
Essential Skills work visa applications will be assessed in date order.
Are we able to hire migrants for a short period of time just to see us through, and move to hire New Zealanders later down the track?
Essential Skills work visas are granted for the duration that the employment is offered, for a maximum of period of 12 months, three years, or five years (depending on the skill level of the role). Employment law may determine what are considered sufficient reasons for offering employment for a fixed term and you may wish to seek legal advice on your options.
Exceptions for People to Travel to New Zealand
My migrant employee was on holiday overseas when the border was closed and didn’t get back. How soon will they be able to return?
The Government’s current border restrictions mean that people on temporary visas who are currently offshore are not able to come back to New Zealand unless they meet the strict border exception criteria. Individuals who believe they meet the exceptions criteria need to submit a request for an exception to the border restrictions. If the circumstances are considered exceptional and justify travel to New Zealand for a critical purpose, individuals will be invited to apply for a visitor visa, or to vary their existing visa to allow them to travel. Any decisions on when to lift the border restrictions will be made by the Government.
What is the process for holders of work visas who are currently offshore to return to New Zealand?
The New Zealand border is currently closed to almost all travellers to help stop the spread of COVID-19. However the New Zealand government acknowledges that there may be extremely limited circumstances where it is appropriate for a person who is not exempt from the border restrictions to travel to New Zealand. All individuals entering New Zealand will be quarantined.
Border Restrictions and Future Migrant Employment
After the lockdown period is over how soon will we be able to employ migrant labour again from overseas?
No decisions have been made by the Government on when the border restrictions will be lifted, but this is unlikely to happen at the same time that lockdown is lifted.
Any decision made in regards to employing migrant labour in the future will need to take into account the wider impacts of COVID-19, including any changes to the labour market.
In the short term employers should consider alternative solutions, for example employing someone already currently in New Zealand.
Should I still be interviewing and planning/recruiting for new migrants to come out in July / August?
No decisions have been made by the Government on when the border restrictions will be lifted, but this is unlikely to happen at the same time that lockdown is lifted.
Any decision made in regards to employing migrant labour in the future will need to take into account the wider impacts of COVID-19, including any changes to the labour market. In the short term employers should consider alternative solutions, for example employing someone already currently in New Zealand.
My employee went overseas and now cannot return for an unknown period of time. His work Visa is to expire in June. Can we promise him his job will be here when he returns? What do we do in the meantime?
Example case: Our worker is now stuck in the Philippines. He is due to start back on the 4th of April but given the current situation that is unlikely.
The New Zealand border is currently closed to almost all travellers to help stop the spread of COVID-19. However the New Zealand government acknowledges that there may be extremely limited circumstances where it is appropriate for a person who is not exempt from the border restrictions to travel to New Zealand.
All individuals entering New Zealand will be subject to quarantine or isolation. You may need to think about alternative options, for example employing someone currently in NZ who is either a New Zealand citizen/resident or has a current visa with appropriate work rights.
Visa Flexibility
I have a worker on a temporary work visa transferring from another employer to me and who is due to start now. Can they start working for me at the end of the lockdown period if it is not processed by INZ in time?
No. Work visa holders may only work for the employer(s) specified in their visa conditions until a Variation of Conditions or new visa has been granted.
My employer and I have agreed to reduced hours and / or reduced pay during the lockdown. What do I need to do now to ensure that I am not in breach of my visa?
INZ and other Government agencies involved in the COVID-19 response are engaging regularly with employers and other stakeholders and listening to their concerns. The Government is looking at options for temporary work visa holders who have been affected by COVID-19 and will make decisions as soon as possible. However, the priority at the moment is on ensuring the continuation of essential services.
We are unable to lodge a work visa application with the Skills Match Report because WINZ is closed. Will INZ waive this requirement?
This will be on a case by case basis, and only in exceptional circumstances. You can still apply for a work visa and include an explanation noting you are currently unable to obtain a Skills Match Report.
My employer is pressuring me to take a paycut. I hold a work to residence work visa. This will take me below the minimum base salary requirement. Will it impact my eligibility for residence?
What if this is due to the 80% govt subsidy?
INZ and other Government agencies involved in the COVID-19 response are engaging regularly with employers and other stakeholders and listening to their concerns. The Government is looking at options for temporary work visa holders who have been affected by COVID-19 and will make decisions as soon as possible. However, the priority at the moment is on ensuring the continuation of essential services. To be granted residence, the applicant would need to have employment that meets immigration instructions. INZ has no discretion in terms of residence instructions.
Variation of conditions for essential workers temporary visa holders
My company provides essential services – one of my employees holds a temporary work visa to work in Occupation A, but I need more workers in Occupation B during the lockdown. What needs to happen for my employee to be able to work in Occupation B temporarily?
The Government has recently made some changes to relax visa conditions for some work visa holders working in an essential service.
I am an essential worker Nurse – I hold a work visa to work as a nurse during the week but I would like to help the COVID-19 response in NZ by working another healthcare related job in the weekends. Can I submit VOC to do this?
The Government has recently made some changes to relax visa conditions for some work visa holders working in an essential service.
I am an essential worker Nurse – I normally work for a DHB at a private clinic. This work has been stopped during lockdown. I have been approached and asked to work another job with another employer to assist with the COVID-19 response in NZ. Can I get a VOC to work this other job? If I do what happens to my original employment?
The Government has recently made some changes to relax visa conditions for some work visa holders working in an essential service.
I have an application for a Variation of Conditions in process to commence work for a new employer. I am unable to work for my old employer and am facing financial strain due to lack of income. Is there any process for consideration of priority processing based on humanitarian factors rather than essential services only?
INZ and other Government agencies involved in the COVID-19 response are engaging regularly with employers and other stakeholders and listening to their concerns. The Government is looking at options for temporary work visa holders who have been affected by COVID-19 and will make decisions as soon as possible. However, priority at the moment is on ensuring the continuation of essential services.
Extensions to visas under Epidemic Management Notice
Were South Island Contribution Visas extended under the Epidemic Management Notice?
Yes. Holders of a work, student, visitor, limited or interim visa with an expiry date of 2 April to 9 July 2020 inclusive who were in New Zealand on 2 April 2020 will have had their visa automatically extended to 25 September 2020. If you did not receive an email confirming your visa was extended, please use the Visa Verification Service to confirm.
Visas were automatically extended if they expired between 2 April and 9 July 2020 but what happens if the visa expires after that?
The worker will need to either depart or apply for a further visa closer to the time of expiry.
Other
What about temporary migrants who want to go home but are stuck here?
What about people on student visas whose visa was automatically extended but they are no longer studying? Is their student visa still valid?
Students whose visa had an expiry date of 2 April to 9 July 2020 inclusive, and who were in New Zealand on 2 April 2020, had their visa automatically extended to 25 September 2020. Their visa conditions remain the same as before the visa was extended.
Those who are already employed in an essential services role will be able to work longer hours while New Zealand remains in Alert Level 3 or 4 and for six weeks following. Their employer must make a request to vary the visa conditions. We have also announced changes specifically for those student visa holders working in supermarkets and the healthcare sector to undertake more employment than they were able to previously.
We understand that some student visa holders may have had their student visa extended automatically but may have finished their course of study and do not intend to undertake any further studies. Students who no longer wish to study in New Zealand should notify their education provider as soon as they are able to. Their education provider will in turn notify INZ on the student’s behalf. We are considering options for students in this circumstance and will provide more information as it is available. Students who have finished their course of study can make plans to return home where possible.
Are there any plans to allow people already in New Zealand on visitor visas to work while they are stuck here?
People who come to New Zealand temporarily as tourists are required to have enough money to maintain themselves in New Zealand and pay for their return flights home. These requirements remain in place; therefore there has been no consideration of allowing visitor visa holders to work. Short term visitor visa holders should seek assistance from the Embassy or Consulate and/or look into options for returning home if they are unable to support themselves while remaining in New Zealand. Individuals who are currently in New Zealand on a visitor visa and wish to work while they are here, need to apply for and be granted a work visa to be legally able to work in New Zealand.
INZ understands there are a number of temporary work visa holders whose work has been affected by the current COVID-19 situation and we are currently looking at further options for these individuals and will make decisions as soon as possible. However, the priority at the moment is on ensuring the continuation of essential services. Some changes have already been made for those work visa holders already employed in essential services.
My migrant worker was due to finish in April and now can’t go home. They are living in our accommodation and have nowhere to go. I need the house for my new workers. What should we do?
Foreign nationals who are not currently employed or are experiencing any difficulties should talk to their Consulate or Embassy for assistance, especially regarding repatriation flights.
Support to self-isolate is available for those in particular hardship through the Temporary Accommodation Service and local Civil Defense Emergency Management (CDEM) Groups.
I am on a visa with work conditions and am currently unable to return to New Zealand due to the current travel restrictions. Is my employer eligible to receive the wage subsidy even though I am not in New Zealand and pay me my wages? What if my work visa expires whilst I am overseas?
You should contact the Ministry of Social Development for enquiries relating to INZ to the Wage Subsidy Scheme.
If your work visa expires whilst overseas, you will need to apply for a new work visa.
What obligations do employers have for migrants who were employed by them before and during the epidemic notice period?
Employers must continue to comply with New Zealand employment law.
My employee has had their work visa extended. Do I now have to extend their employment as well?
Employers are not required to extend fixed-term employment because an employee’s visa has been extended, unless they wish to continue employing the individual
As an employer, what will be the impact on my ability to employ staff on work visas in the future if we have to declare we have previously made workers redundant?
Employers must still demonstrate that they have attempted to hire New Zealand citizens or residents before being permitted to supplement their New Zealand workforce with any migrant labour. They may also need to demonstrate that the business is in the financial position to take on any additional employees they wish to hire.
Can the first entry date on my visa be extended so that it doesn't expire while border restrictions are in place? What about for resident visas?
INZ is considering the situation of those currently outside of NZ whose visas have either expired or will expire. More information on this will be provided when it is available.
What should migrants do if they have lost their job and are facing financial hardship?
INZ understands that many migrants may have lost their job or had their hours of work and/or wages reduced as a result of COVID-19 and New Zealand’s Alert level system, which means they are not meeting their visa requirements.
Migrants who are experiencing financial hardship should contact their Embassy or Consulate for assistance. Migrants who are unable to support themselves or secure employment should make steps to leave the country.
The National Area Documentation Office (NaDO) has now reopened with a small number of staff now able to work onsite. The NaDO staff have been focused on opening and tendering the high volume of mail received during the lockdown period.
What date will be used as the lodgement date of my application that I couriered in / posted in?
The received application date will be the date that is shown on the courier consignment note. If there is no date to be found, the received date applied will be the date INZ opens your application at NaDO.
What if I want to dispute the date of lodgement of my visa application?
INZ understands that it has been difficult to complete and submit paper applications during COVID-19 lockdown. Disputes of lodgement dates may be considered on a case by case basis once the application has been allocated.
I have been granted an extension to my visa under the Epidemic Management Notice. Will the visa application I submitted still be processed?
Yes. Applications will continue to be processed in line with processing priorities during COVID-19.
What if my paper visa application is incomplete because I have not been able to get all the required documents during the Covid19 lockdown? Will my visa application be returned due to failing to meet mandatory lodgement requirements?
No. INZ understands that it may have been difficult to submit all required documents with your paper application. INZ will note the missing documents at lodgement and request that you provide the mandatory documents as soon as you are able. INZ will not be able to process the application until the required documents have been received.
Labour Market Tests
Why am I being asked for updated information about the availability of New Zealanders?
Under current immigration instructions, INZ needs to balance facilitating businesses getting the workforce they need, and protecting the employment opportunities of New Zealanders. COVID-19 has had significant impacts on New Zealand’s job market, and unemployment rates are rising. Assessing applications only on information provided before the impacts of COVID-19 does not align with the requirement to protect the employment opportunities of New Zealand. This means that INZ needs to ensure that no New Zealanders are available to do the work being offered, before visas are granted to any migrant employees.
Do I have to re-advertise?
Employers aren’t required to re- advertise the vacancy, but they may need to provide updated information that there are still no New Zealanders available in this current job market, to the best of their knowledge. Employers may choose to re-advertise as part of providing further evidence.
What does genuine and sustainable mean? My business is receiving the wage subsidy, does this matter?
The employment offered to Essential Skills visa applicants needs to be for real and genuine work, for at least 30 hours per week. Essential Skills work visas are granted for a period of either 12 months, three years, or five years, and consideration needs to be given to whether the work being offered is going to remain available for the entire duration of the visa. It’s likely that New Zealand’s economic situation is going to continue to change, and employers must be confident in their ability to continue trading (to the best of their knowledge).
The wage subsidy provides support for business who have experienced a reduction in revenue, and doesn’t necessarily mean the business won’t be sustainable going forward. Employers receiving the wage subsidy can still hire Essential Skills work visa applicants.
I’m confident my business and the employment is sustainable. But what happens if my business’s situation changes, and I can’t keep my workers on?
If your business situation changes then you must go through normal employment law processes. Any work visas holders who are made redundant would then need to obtain new employment and either obtain a new work visa or vary their existing visa to begin that new employment if they wish to work and remain in New Zealand.
What kind of things does INZ usually take into consideration if there are no New Zealanders available for the role being offered?
INZ considers a range of factors when determining whether any suitable New Zealanders are available for the work. This includes, but isn’t limited to, things like:
- the employer's case in support of an individual worker's application; and
- evidence of a genuine attempt by the employer to recruit New Zealanders, through advertising and the use of other channels, such as recruitment agencies
- advice from Work and Income about the availability of New Zealand citizens or residence class visa holder workers to do the work offered; and
- advice from relevant stakeholders within the particular industry, including unions
Timing
How long will it take to process the Essential Skills work visa application I’m supporting?
Due to the complexities of the situation and INZ’s current limited visa processing capability, we’re unable to give exact timeframes of when these applications will be processed. However, we aim to do so as quickly as possible given the current constraints on visa processing resources.
Can I submit this further evidence now, even though I haven’t been asked for it yet?
INZ will request additional evidence at the time the application is being assessed.
Skills Match Report
What is the Skills Match Report (SMR) and why is it important?
Current immigration instructions require employers seeking to employ an overseas worker for an occupation with an ANZSCO skill level of 4 or 5 are required to obtain a SMR from the Ministry of Social Development (MSD). A SMR details if any New Zealanders are available to work in the role being offered to the migrant worker. One can only be issued to employers who have advertised their vacancy with Work and Income New Zealand, where no suitable New Zealanders have been found.
Will I be able to get an SMR from MSD?
MSD have confirmed that SMR’s are available to employers who engage with MSD to recruit New Zealanders for vacancies.
General
What about if the role I want to recruit for is on the skills shortage list?
No New Zealanders are considered available if the job offered is on one of the skills shortage lists, and the applicants meets the qualification and work experience required by the list for that particular job.
What if I want to hire someone under the Skilled Migrant Category?
There is no labour market test for applications under the Skilled Migrant Category (SMC).
I need to hire someone but I can’t pay them a full wage like I normally would. How does this impact the work visa application?
To be granted an Essential Skills work visa, the applicant must be paid the market rate for the role. Where you are unable to pay them the normal rate for the role, then you should provide evidence that either the market rate for the role has changed, or reasons why the visa should be granted despite the market rate not being paid. These applications will be assessed on a case-by-case basis. The wage or salary paid must also always be above the minimum wage. The pay offered may also affect the duration of the visa and whether the visa holder is able to support visas for family members.
What if I want to recruit migrant workers in the future – how long will these changes be in place?
Decisions around changes to Immigration Instructions are made by the government. INZ and the wider Ministry of Business, Innovation and Employment is working through possible options for longer term solutions, and providing advice to the Minister of Immigration. This is a rapidly evolving situation and we’re unable to give a timeframe at this stage, but will keep employers informed and provide more information as decisions are made. In the meantime INZ will continue to process visas according to current Government policy as expressed in immigration instructions.
There might be New Zealanders available somewhere, but people aren’t able to move regions due to COVID-19. Does this mean I still have to hire them over migrant workers?
Employers who are unable to recruit New Zealanders for a vacancy due to COVID-19 restrictions should be able to provide evidence of particular barriers where this is the case.
If I can’t hire the migrant worker I need, I’m not going to be able to keep my business running. What options are available?
Essential Skills work visa applications will be assessed in date order.
Are we able to hire migrants for a short period of time just to see us through, and move to hire New Zealanders later down the track?
Essential Skills work visas are granted for the duration that the employment is offered, for a maximum of period of 12 months, three years, or five years (depending on the skill level of the role). Employment law may determine what are considered sufficient reasons for offering employment for a fixed term and you may wish to seek legal advice on your options.
Exceptions for People to Travel to New Zealand
My migrant employee was on holiday overseas when the border was closed and didn’t get back. How soon will they be able to return?
The Government’s current border restrictions mean that people on temporary visas who are currently offshore are not able to come back to New Zealand unless they meet the strict border exception criteria. Individuals who believe they meet the exceptions criteria need to submit a request for an exception to the border restrictions. If the circumstances are considered exceptional and justify travel to New Zealand for a critical purpose, individuals will be invited to apply for a visitor visa, or to vary their existing visa to allow them to travel. Any decisions on when to lift the border restrictions will be made by the Government.
What is the process for holders of work visas who are currently offshore to return to New Zealand?
The New Zealand border is currently closed to almost all travellers to help stop the spread of COVID-19. However the New Zealand government acknowledges that there may be extremely limited circumstances where it is appropriate for a person who is not exempt from the border restrictions to travel to New Zealand. All individuals entering New Zealand will be quarantined.
Border Restrictions and Future Migrant Employment
After the lockdown period is over how soon will we be able to employ migrant labour again from overseas?
No decisions have been made by the Government on when the border restrictions will be lifted, but this is unlikely to happen at the same time that lockdown is lifted.
Any decision made in regards to employing migrant labour in the future will need to take into account the wider impacts of COVID-19, including any changes to the labour market.
In the short term employers should consider alternative solutions, for example employing someone already currently in New Zealand.
Should I still be interviewing and planning/recruiting for new migrants to come out in July / August?
No decisions have been made by the Government on when the border restrictions will be lifted, but this is unlikely to happen at the same time that lockdown is lifted.
Any decision made in regards to employing migrant labour in the future will need to take into account the wider impacts of COVID-19, including any changes to the labour market. In the short term employers should consider alternative solutions, for example employing someone already currently in New Zealand.
My employee went overseas and now cannot return for an unknown period of time. His work Visa is to expire in June. Can we promise him his job will be here when he returns? What do we do in the meantime?
Example case: Our worker is now stuck in the Philippines. He is due to start back on the 4th of April but given the current situation that is unlikely.
The New Zealand border is currently closed to almost all travellers to help stop the spread of COVID-19. However the New Zealand government acknowledges that there may be extremely limited circumstances where it is appropriate for a person who is not exempt from the border restrictions to travel to New Zealand.
All individuals entering New Zealand will be subject to quarantine or isolation. You may need to think about alternative options, for example employing someone currently in NZ who is either a New Zealand citizen/resident or has a current visa with appropriate work rights.
Visa Flexibility
I have a worker on a temporary work visa transferring from another employer to me and who is due to start now. Can they start working for me at the end of the lockdown period if it is not processed by INZ in time?
No. Work visa holders may only work for the employer(s) specified in their visa conditions until a Variation of Conditions or new visa has been granted.
My employer and I have agreed to reduced hours and / or reduced pay during the lockdown. What do I need to do now to ensure that I am not in breach of my visa?
INZ and other Government agencies involved in the COVID-19 response are engaging regularly with employers and other stakeholders and listening to their concerns. The Government is looking at options for temporary work visa holders who have been affected by COVID-19 and will make decisions as soon as possible. However, the priority at the moment is on ensuring the continuation of essential services.
We are unable to lodge a work visa application with the Skills Match Report because WINZ is closed. Will INZ waive this requirement?
This will be on a case by case basis, and only in exceptional circumstances. You can still apply for a work visa and include an explanation noting you are currently unable to obtain a Skills Match Report.
My employer is pressuring me to take a paycut. I hold a work to residence work visa. This will take me below the minimum base salary requirement. Will it impact my eligibility for residence?
What if this is due to the 80% govt subsidy?
INZ and other Government agencies involved in the COVID-19 response are engaging regularly with employers and other stakeholders and listening to their concerns. The Government is looking at options for temporary work visa holders who have been affected by COVID-19 and will make decisions as soon as possible. However, the priority at the moment is on ensuring the continuation of essential services. To be granted residence, the applicant would need to have employment that meets immigration instructions. INZ has no discretion in terms of residence instructions.
Variation of conditions for essential workers temporary visa holders
My company provides essential services – one of my employees holds a temporary work visa to work in Occupation A, but I need more workers in Occupation B during the lockdown. What needs to happen for my employee to be able to work in Occupation B temporarily?
The Government has recently made some changes to relax visa conditions for some work visa holders working in an essential service.
I am an essential worker Nurse – I hold a work visa to work as a nurse during the week but I would like to help the COVID-19 response in NZ by working another healthcare related job in the weekends. Can I submit VOC to do this?
The Government has recently made some changes to relax visa conditions for some work visa holders working in an essential service.
I am an essential worker Nurse – I normally work for a DHB at a private clinic. This work has been stopped during lockdown. I have been approached and asked to work another job with another employer to assist with the COVID-19 response in NZ. Can I get a VOC to work this other job? If I do what happens to my original employment?
The Government has recently made some changes to relax visa conditions for some work visa holders working in an essential service.
I have an application for a Variation of Conditions in process to commence work for a new employer. I am unable to work for my old employer and am facing financial strain due to lack of income. Is there any process for consideration of priority processing based on humanitarian factors rather than essential services only?
INZ and other Government agencies involved in the COVID-19 response are engaging regularly with employers and other stakeholders and listening to their concerns. The Government is looking at options for temporary work visa holders who have been affected by COVID-19 and will make decisions as soon as possible. However, priority at the moment is on ensuring the continuation of essential services.
Extensions to visas under Epidemic Management Notice
Were South Island Contribution Visas extended under the Epidemic Management Notice?
Yes. Holders of a work, student, visitor, limited or interim visa with an expiry date of 2 April to 9 July 2020 inclusive who were in New Zealand on 2 April 2020 will have had their visa automatically extended to 25 September 2020. If you did not receive an email confirming your visa was extended, please use the Visa Verification Service to confirm.
Visas were automatically extended if they expired between 2 April and 9 July 2020 but what happens if the visa expires after that?
The worker will need to either depart or apply for a further visa closer to the time of expiry.
Other
What about temporary migrants who want to go home but are stuck here?
What about people on student visas whose visa was automatically extended but they are no longer studying? Is their student visa still valid?
Students whose visa had an expiry date of 2 April to 9 July 2020 inclusive, and who were in New Zealand on 2 April 2020, had their visa automatically extended to 25 September 2020. Their visa conditions remain the same as before the visa was extended.
Those who are already employed in an essential services role will be able to work longer hours while New Zealand remains in Alert Level 3 or 4 and for six weeks following. Their employer must make a request to vary the visa conditions. We have also announced changes specifically for those student visa holders working in supermarkets and the healthcare sector to undertake more employment than they were able to previously.
We understand that some student visa holders may have had their student visa extended automatically but may have finished their course of study and do not intend to undertake any further studies. Students who no longer wish to study in New Zealand should notify their education provider as soon as they are able to. Their education provider will in turn notify INZ on the student’s behalf. We are considering options for students in this circumstance and will provide more information as it is available. Students who have finished their course of study can make plans to return home where possible.
Are there any plans to allow people already in New Zealand on visitor visas to work while they are stuck here?
People who come to New Zealand temporarily as tourists are required to have enough money to maintain themselves in New Zealand and pay for their return flights home. These requirements remain in place; therefore there has been no consideration of allowing visitor visa holders to work. Short term visitor visa holders should seek assistance from the Embassy or Consulate and/or look into options for returning home if they are unable to support themselves while remaining in New Zealand. Individuals who are currently in New Zealand on a visitor visa and wish to work while they are here, need to apply for and be granted a work visa to be legally able to work in New Zealand.
INZ understands there are a number of temporary work visa holders whose work has been affected by the current COVID-19 situation and we are currently looking at further options for these individuals and will make decisions as soon as possible. However, the priority at the moment is on ensuring the continuation of essential services. Some changes have already been made for those work visa holders already employed in essential services.
My migrant worker was due to finish in April and now can’t go home. They are living in our accommodation and have nowhere to go. I need the house for my new workers. What should we do?
Foreign nationals who are not currently employed or are experiencing any difficulties should talk to their Consulate or Embassy for assistance, especially regarding repatriation flights.
Support to self-isolate is available for those in particular hardship through the Temporary Accommodation Service and local Civil Defense Emergency Management (CDEM) Groups.
I am on a visa with work conditions and am currently unable to return to New Zealand due to the current travel restrictions. Is my employer eligible to receive the wage subsidy even though I am not in New Zealand and pay me my wages? What if my work visa expires whilst I am overseas?
You should contact the Ministry of Social Development for enquiries relating to INZ to the Wage Subsidy Scheme.
If your work visa expires whilst overseas, you will need to apply for a new work visa.
What obligations do employers have for migrants who were employed by them before and during the epidemic notice period?
Employers must continue to comply with New Zealand employment law.
My employee has had their work visa extended. Do I now have to extend their employment as well?
Employers are not required to extend fixed-term employment because an employee’s visa has been extended, unless they wish to continue employing the individual
As an employer, what will be the impact on my ability to employ staff on work visas in the future if we have to declare we have previously made workers redundant?
Employers must still demonstrate that they have attempted to hire New Zealand citizens or residents before being permitted to supplement their New Zealand workforce with any migrant labour. They may also need to demonstrate that the business is in the financial position to take on any additional employees they wish to hire.
Can the first entry date on my visa be extended so that it doesn't expire while border restrictions are in place? What about for resident visas?
INZ is considering the situation of those currently outside of NZ whose visas have either expired or will expire. More information on this will be provided when it is available.
What should migrants do if they have lost their job and are facing financial hardship?
INZ understands that many migrants may have lost their job or had their hours of work and/or wages reduced as a result of COVID-19 and New Zealand’s Alert level system, which means they are not meeting their visa requirements.
Migrants who are experiencing financial hardship should contact their Embassy or Consulate for assistance. Migrants who are unable to support themselves or secure employment should make steps to leave the country.