Immigration (Visa, Entry Permission, and Related Matters) Amendment Regulations 2022

2022/100

Coat of Arms of New Zealand

Immigration (Visa, Entry Permission, and Related Matters) Amendment Regulations 2022

Cindy Kiro, Governor-General

Order in Council

At Wellington this 4th day of April 2022

Present:
Her Excellency the Governor-General in Council

These regulations are made under section 400 of the Immigration Act 2009—

(a)

on the advice and with the consent of the Executive Council; and

(b)

on the recommendation of the Minister of Immigration made after consultation in accordance with section 399B(1) of that Act.

Regulations

1 Title

These regulations are the Immigration (Visa, Entry Permission, and Related Matters) Amendment Regulations 2022.

2 Commencement

(1)

These regulations come into force on 23 May 2022, except as provided in subclause (2).

(2)

Regulations 4(1), 5, and 7(1) to (3) come into force on 4 July 2022.

3 Principal regulations

These regulations amend the Immigration (Visa, Entry Permission, and Related Matters) Regulations 2010.

4 Regulation 26AA amended (Prescribed fees (not imposed elsewhere by these regulations))

(1)

Revoke regulation 26AA(d) to (dab), (h), and (i).

(2)

After regulation 26AA(m), insert:

(n)

an application for employer accreditation under Accredited Employer immigration instructions:

(o)

a request for reconsideration of an application for employer accreditation under Accredited Employer immigration instructions:

(p)

a job check under Accredited Employer immigration instructions:

(q)

a request for reconsideration of a job check under Accredited Employer immigration instructions.

5 Regulation 26AAE amended (Exemptions from IVL)

(1)

Revoke regulation 26AAE(5)(e)(ix) and (xii).

(2)

After regulation 26AAE(5)(e)(xiv), insert:

(xv)

Accredited Employer.

6 Schedule 1AA amended

In Schedule 1AA,—

(a)

insert the Part set out in the Schedule of these regulations as the last Part; and

(b)

make all necessary consequential amendments.

7 Schedule 4 amended

(1)

In Schedule 4, under the heading Temporary visa—work visa, revoke the item relating to Temporary visa application—work visa under Silver Fern Job Search immigration instructions.

(2)

In Schedule 4, under the heading Temporary visa—work visa, after the item relating to Temporary visa application—work visa under working holidaymaker extension, insert:

10(1)(a), 23AA(1) and (5)(i)Temporary visa application—work visa under Accredited Employer immigration instructions540540540

(3)

In Schedule 4, under the heading Other matters—applications or requests by employers and organisations, revoke the items relating to regulation 26AA(d), (daa), (dab), (h), and (i).

(4)

In Schedule 4, under the heading Other matters—applications or requests by employers and organisations, after the item relating to regulation 26AA(l), insert:

26AA(n)Application for employer accreditation under Accredited Employer immigration instructions—standard740--
26AA(n)Application for employer accreditation under Accredited Employer immigration instructions—upgrade from standard to high volume480--
26AA(n)Application for employer accreditation under Accredited Employer immigration instructions—high volume1,220--
26AA(n)Application for employer accreditation under Accredited Employer immigration instructions—triangular employment3,870--
26AA(n)Application for employer accreditation under Accredited Employer immigration instructions—franchisee1,980--
26AA(o)Request for reconsideration of application for employer accreditation under Accredited Employer immigration instructions240--
26AA(p)Job check under Accredited Employer immigration instructions610--
26AA(q)Request for reconsideration of job check under Accredited Employer immigration instructions240--

Schedule New Part 3 inserted into Schedule 1AA

r 6

Part 3 Provisions relating to Immigration (Visa, Entry Permission, and Related Matters) Amendment Regulations 2022

5 Exemption from accreditation fees for employers accredited under previous scheme

A person applying for employer accreditation under Accredited Employer immigration instructions is exempt from paying the prescribed fee under regulation 26AA(n) if—

(a)

the application is the person’s first application for employer accreditation under Accredited Employer immigration instructions; and

(b)

at the start of 23 May 2022, the person held an employer accreditation under Talent (Accredited Employers) Work immigration instructions with at least 6 months’ validity remaining; and

(c)

the application is submitted before the end of those 6 months.

Michael Webster,
Clerk of the Executive Council.

Explanatory note

This note is not part of the regulations, but is intended to indicate their general effect.

These regulations amend the Immigration (Visa, Entry Permission, and Related Matters) Regulations 2010 (the principal regulations). They relate to accredited employer work visas (AEW visas), which are a new category of work visa provided for by immigration instructions under the Immigration Act 2009. AEW visas replace 6 existing categories of employer-assisted work visa.

Regulations 1 to 3, 4(2), 6, 7(4) and the Schedule come into force on 23 May 2022 and deal with employer accreditation and job checks for AEW visas. They—

  • impose prescribed fees on employers who apply for accreditation, job checks, or reconsideration of declined accreditation or job check applications (regulation 4(2)); and

  • set the level of the prescribed fees (regulation 7(4)); and

  • exempt some employers who apply for accreditation from being charged the prescribed fee if they already hold an accreditation under Talent (Accredited Employers) Work immigration instructions (regulation 6 and the Schedule).

Regulations 4(1), 5, and 7(1) to (3) come into force on 4 July 2022. They—

  • revoke references in the principal regulations to the visa categories being replaced (regulations 4(1), 5(1), and 7(1) and (3)); and

  • set the level of prescribed fees for AEW visa applications (regulation 7(2)); and

  • exempt AEW visa applicants from being charged the international visitor conservation and tourism levy (regulation 5(2)).

Regulatory impact statement

The Ministry of Business, Innovation, and Employment produced a regulatory impact statement in February 2022 to help inform the decisions taken by the Government relating to the contents of this instrument.

A copy of this regulatory impact statement can be found at—

Issued under the authority of the Legislation Act 2019.

Date of notification in Gazette: 7 April 2022.

These regulations are administered by the Ministry of Business, Innovation, and Employment.