Partner's Working Rights

Steve Baker • October 24, 2024

Changing working rights for partners.

There have been significant changes to the working rights of partners of work visa holders over the past few months by INZ. Two of the most significant changes currently affecting partners are: 


  1. Conditional open work visa conditions were granted to most migrants who were granted a Partner of a Worker work visa. This meant that the holders of these visas could only work for an Accredited Employer and be paid at least the median wage (currently NZ$29.66 per hour). Self-employment was also not permitted for those who held this conditional open work visa.
  2. Work visa holders who work in an Australian and New Zealand Standard Classification of Occupations (‘ANZSCO’) Skill level 4 to 5 role could no longer support a Partnership Work Visa application unless they met Green List requirements, earned at least 1.5 times the median wage ($47.41 per hour), or were part of the Transport or Care Sector Agreement and met the requirements for those roles. 

 

The Government have reviewed this and today announced that they will reverse the first change mentioned above from 2 December 2024. 


In essence, migrants who are granted a Partner of a Worker work visa will now be granted open work rights once more. This means that they will now be able to work for any employer in New Zealand and can also be self-employed should they choose to do so. 


In summary, from 2 December 2024, open work rights will be available to: 

  • All partners of Accredited Employer Work Visa (AEWV) working in an ANZSCO Level 1-3 role and earning at least NZD$25.29 an hour, or 
  • Partners of AEWV holders earning at least $25.29 an hour if they were already supporting a partner for a work visa on 26 June 2024, or 
  • All partners of Essential Skills work visa holders earning at least $25.29 an hour 

 

Furthermore, open work rights will be available to partners of AEWV holders working in an ANZSCO Level 4-5 role: 

  • Earning at least $47.41 an hour (1.5 times the median wage), or 
  • Earning at least $31.61 an hour in a role on the Green List and meeting the Green List requirements for that role, or 
  • Learning at least $25.29 an hour and meeting the requirements of a role in the Transport or Care Sector agreements (or the wage specified in the sector agreement, whichever is higher) 

 


Those who hold a current Partner of a Worker work visa with conditions, whose partners meet the criteria mentioned above will also be able to apply for a variation of their visa conditions to allow them open work rights from 2 December 2024.


This is a great outcome for Migrants and their families in these difficult economic times. 

 

Please contact Steve or Bernadette to discuss this further should you be interested in supporting your partner or varying their visa.


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