Amendments in Partnership Based Work Visa from May 2023

The partnership based Work Visa is suitable for you if you and your partner live together in a stable relationship and one of you is a citizen or resident of New Zealand. Let us first understand what a partnership-based work visa is. 

Partnership based work visa

It is a category of visa generally applied for by applicants who wish to visit or accompany their partners who hold a Work Visa or are applying/have applied for a Work Visa. Let us look at the changes that will apply to a partnership based work visa from May 2023. 

Changes in partnership-based work visa from May 2023

While applying for a new partnership-based Work Visa, partners of many people with Accredited Employer Work Visas will have some constraints put on their visa as of May 31, 2023.

These modifications to temporary family visas rank among the most significant in New Zealand's immigration history. 

1. Where does the Partner Work Visa stand?

If a partner of an AEWV applies for a new partnership-based work visa, the following restrictions will be applied on their visa:

  • They need to be employed by an Accredited Employer 

  • They must also be paid at least the median wage of $29.66 per hour. 

  • If they perform a job covered by an uncapped sector agreement, they are permitted to be paid less than the median rate but are still required to receive the minimum wage required for that position.

The partner of an AEWV holder earning less than the median pay will not qualify for a partnership-based work visa; instead, they will only be eligible for a tourist visa. 

2. Are all partners of work visa holders subject to this rule?

No. There are exemptions, and these are as below. Automatic open work privileges will continue to be granted to these groups.

  • Partners of those with post-study work visas

  • Partners of Post-Study Work Visas holders have their eligibility requirements, which do not apply to them.

  • Partners of immigrants employed in jobs on the Green List (Tier 1 and Tier 2) or earning twice the median hourly salary (which is currently $29.66/hour);

  • Partners of citizens or residents of New Zealand

3. Just when does the new policy go into effect?

This regulation will be applicable starting on May 31, 2023.  

4. Is a partner able to access publicly funded health care?

You must possess a work visa with a minimum 2-year validity period to use publicly financed health care (or must have been lawfully in NZ for 2 years or more but must still hold a work visa). Partners who lose their right to a work visa also lose their right to receive government-funded healthcare. 

5. What if I already have a partner work visa or apply for one before May 31, 2023?

If you possess a Partner Work Visa, these terms will continue to apply, and your employment privileges won't be suspended. It's also acceptable to apply for a partner work visa before the rules change, so long as your partner work visa is ultimately approved. All applications authorized or filed before May 31, 2023, will be exempt from the abovementioned change since the policy in effect applies once an application is submitted. 

6. Is a year of living together necessary to qualify as a "partner" for a work visa?

Although you don't have to have lived together for a full year, you must meet the living together requirement (as one of the essential requirements; there are additional partnership requirements that you must also meet) to be regarded as a partner in the "immigration sense." This is a comprehensive evaluation of all the supporting data you may offer. For instance, you can also be granted a work visa for six months if you live together. 

Wrapping Up 

Even in the best of circumstances, moving abroad can be challenging, but not any longer thanks to Immigration Chambers. Our best immigration lawyers in New Zealand can assist you in choosing the appropriate visa choice if you want to work, reside, and/or study in New Zealand. 

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