WF3.1 Who is eligible for a special work visa (15/08/2024)

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 the median wage (see WK3.5.1), 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 and (f) below, the eligibility of partners of Accredited Employer Work Visa holders for special work visas, and the conditions to be granted on special work visas for partners of Accredited Employer work visa holders, are set out at WF3.1.5 below.
3. Despite (a) above, partners of people granted a work visa under the Migrant Exploitation Protection work visa (MEPV) instructions who hold a visa based on their relationship to the MEPV holder, may apply for and be granted a work visa under these instructions.
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 (unless WF3.1.5 applies) and do not require full-time employment.

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

1. Depending on their circumstances and their partner’s role, partners of Accredited Employer work visa holders and Essential Skills work visa holders may:
   1. be eligible for a special work visa allowing work for any employer, or
   2. be eligible for a special work visa with employment restricting conditions as set out in WF3.1.5(g) below, or
   3. not be eligible for a special work visa.
2. Despite (c) to (f) below, a special work visa that allows the holder to work for any employer may be granted to an applicant who is the partner of an Accredited Employer work visa or Essential Skills work visa holder in a role that is:
   1. paid at least twice the median wage (see WA3.15(b)); or
   2. paid at least the median wage (see WA3.15(b)) and is on the Green List and the work visa holder meets the applicable requirements (see Appendix 13).
3. A special work visa with conditions may be granted to an applicant who is the partner of an Accredited Employer work visa holder who is:
   1. in a role classified as ANZSCO skill level 1, 2 or 3 and paid at least the median wage (see WA3.15(b)); or
   2. paid at least 1.5x the Skilled Migrant Category median wage (see SR3.20(a)(ii)); 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 the median wage (see WA3.15(b)).
4. Despite (c) above, a special work visa with conditions 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 who is paid at least the median wage (see WA3.15(b)) 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 special work visa with conditions may be granted to an applicant who is the partner of an Essential Skills work visa holder paid at least the median wage (see WA3.15(b)).
6. A special work visa will not be granted to an applicant who is the partner of:
   1. an Accredited Employer work visa holder paid less than the median wage (see WA3.15(b)), or
   2. an Accredited Employer work visa holder in an ANZSCO skill level 4 or 5, unless (b) to (d) above applies, or
   3. an Essential Skills visa holder paid less than the median wage (see WA3.15(b)).
7. Applicants defined in (c) to (e) above may be granted a work visa subject to conditions that the holder must:
   1. only work for an employer accredited under the Accredited Employer work visa scheme at the date applicable in (h) below; and either
      • in a role paid at or above the median wage (see WA3.15(b)) based on the rate at the date applicable in (h) below; or
      • in a role earning at least the relevant wage threshold (see WA3.15.1) if an un-capped sector agreement is in place for that role at the date applicable in (h) below; and
   2. not work at below the median wage (see WA3.15(b)) in a role offered under a capped sector agreement (see WA3.15.5).

      Notes:

      - The Accredited Employer is not required to have an approved job check to offer employment to Partners of Worker work visa holders granted with the condition to work for an accredited employer under the AEWV scheme.

      - The Accredited Employer work visa or Essential Skills work visa holder’s employment may be included on the Green List or meet remuneration requirements at the time their work visa was granted or when their partner makes a work visa application.

8. Visa condition requirements in (g) above must be met either:
   1. on the visa start date if the applicant is currently employed or has an offer of employment; or
   2. on the date the offer of employment is provided by the employer if the applicant does not have an offer of employment on the visa start date.
9. Visa condition requirements in (d) to (e) above relating to remuneration must continue to be met for the duration of the employment, meaning the visa holder’s remuneration must not fall below the threshold applicable to their visa.
10. Other conditions are consistent with WF3.1 above and the visa will be granted for the same period as the work visa held by the supporting partner.

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, and whether that visa should be subject to conditions (see WF3.1 and WF3.1.5).
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 the 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. See WF3.1.5.1.

Effective 15/08/2024