WF3.1 Who is eligible for a work visa

1. Partners (see E4.1.20) of people granted work visas allowing a stay in New Zealand of more than six months may apply for, and be granted, a multiple entry work visa under these instructions, unless their partner has been granted a work visa under any one of the following instructions:
   1. Essential Skills where the employment is paid below $25.29 per hour, or lower-skilled if the visa application was made before 27 July 2020; or
   2. Foreign crew of fishing vessels (see WJ); or
   3. a Working Holiday Scheme (see WI2); or
   4. Recognised Seasonal Employer (RSE) Work Instructions (see WH1); or
   5. Supplementary Seasonal Employer (SSE) Instructions (see WH3); or
   6. Skilled Migrant Category Job Search Instructions (see WR5); or
   7. domestic staff of diplomatic, consular, or official staff (see WI4)
   8. seasonal workers under Specific Purpose Instructions (see WS2.1.1(o)).
2. Despite (a) above, the eligibility of partners of Accredited Employer Work Visa holders for work visas are set out at WF3.1.5 below.
3. Despite (a) above, a partner of the holder of a Migrant Exploitation Protection work visa (MEPV) may be granted a work visa under these instructions only if, as at the time they apply, the partner is in New Zealand on a visa that was granted on the basis of the visa held by the MEPV holder immediately prior to the MEPV holder’s current visa. If granted, the visa’s duration must be for the same period as the MEPV holder’s visa, will allow work for any employer (without the requirement of full-time employment), and will not include multiple entry travel conditions.
4. Work visas will be granted for the same period as the work visa held by the applicant's partner subject to the generic requirements at E4.5 being met.
5. Partners of people granted work to residence visas must meet health and character requirements for residence class visa applications as set out at A4 and A5. 
6. Any work visas granted under these instructions may be endorsed with conditions that allow work for any employer and do not require full-time employment.
7. Despite the requirement to determine applications for temporary entry in accordance with the instructions in effect at the time an application is made (E7.10(a)(ii)), any application for a visa under WF3.1.5 below that was submitted before 2 December and as of 2 December had not been decided, may be granted with a visa endorsed with conditions that allow work for any employer and do not require full-time employment, despite instructions in effect at the time stating that a work visa may only be granted with employment restriction conditions.

WF3.1.5 Partners of Accredited Employer and Essential Skills work visa holders

1. A work visa may be granted to an applicant who is the partner of an Accredited Employer work visa holder in a role that is classified as ANZSCO skill level 1, 2 or 3 and paid at least $25.29 per hour.
2. A work visa may also be granted to an applicant who is the partner of an Accredited Employer work visa holder who is:
   1. paid at least $47.41 per hour for any role; or
   2. paid at least $31.61 per hour in a role on the Green List and the work visa holder meets the applicable requirements (see Appendix 13); or
   3. in acceptable employment under the Transport Sector or Care Sector Work to Residence policies as defined in SR6.10 or SR7.10 and paid at least $25.29 per hour (or the wage requirement specified in the sector agreement, whichever is higher), with the exception of the requirement to have completed 24 months of work in New Zealand in that occupation.

      Note: The median wage of $31.61 per hour used for the above instructions reflects the June 2023 publication of median wage data by Statistics New Zealand. The other rates used in these instructions are 80 percent of the median wage published in June 2023 ($25.29 per hour) and 150 percent of the median wage published in June 2023 ($47.41 per hour).

3. Despite the requirement to determine applications for temporary entry in accordance with the instructions in effect at the time an application is made (E7.10(a)(ii)), the exception set out at (b)(iii) above applies to any application that was submitted before 6 October and as of that date had not been decided.
4. Despite (a) and (b) above, a work visa may be granted to an applicant who is the partner of an Accredited Employer work visa holder in an ANZSCO skill level 4 or 5 role, or an applicant who is the partner of an Essential Skills work visa holder, where the supporting partner is paid at least $25.29 per hour, if on 26 June 2024 the applicant:
   1. held a relationship-based visa supported by the Accredited Employer work visa holder; or
   2. had an application in progress for a relationship-based visa supported by the Accredited Employer work visa holder and that application was subsequently granted.
5. A work visa may be granted to an applicant who is the partner of an Essential Skills work visa holder paid at least $25.29 per hour.

WF3.1.5.1 Determining the supporting partner’s remuneration

1. Where the supporting partner holds an Accredited Employer or Essential Skills work visa, the evidence and information provided with their work visa application may be sufficient for an immigration officer to be satisfied their remuneration meets the requirements for the applicant to be granted a work visa.
2. Where the supporting partner’s remuneration has increased since the grant of their visa, evidence must be provided with the application to satisfy an immigration officer. Suitable evidence includes an employment agreement or letter from the employer confirming the new remuneration rate along with one or more of the following:
   1. full bank statements showing salary payment; or
   2. summary of income details from Inland Revenue; or
   3. payslips.
3. In addition to (b) above, an immigration officer may request any additional evidence as necessary to determine the supporting partner’s remuneration.

Note: The Accredited Employer work visa or Essential Skills work visa holder’s remuneration may be assessed as meeting a median wage threshold in place at the time their work visa was granted or when their partner makes their work visa application, whichever is more beneficial for the applicant.

Effective 02/12/2024