Checking or changing New Zealand work visa conditions

A guide to checking New Zealand work visa conditions and applying for a variation of conditions or a Job Change for the AEWV, GWSV and PSV.

Checking or changing work visa conditions

Find out how to check work visa conditions and apply for a variation of conditions or a Job Change.

Checking work visa conditions

Work visas come with conditions. The conditions say what the visa holder may and may not do on their visa.

Holders may find their visa conditions:

• trong eVisa
• on the visa label in their passport, where there is a label
• in the letterImmigration New Zealand (INZ)sent when the visa was granted
• online using the Visa Verification service.

To change visa conditions, the holder needs to apply for a variation of conditions or a Job Change. A Job Change is only for changes to anAccredited Employer Work Visa (AEWV), a Global Workforce Seasonal Visa (GWSV) or a Peak Seasonal Visa (PSV).

Where the visa conditions cannot be changed, the holder will need to apply for a new visa.

Note:

Changing the visa conditions will not change the visa’s expiry date.

Common work visa conditions

The following are some common work visa conditions.

Visa expiry date

The last date the holder may stay in New Zealand on their visa.

Return/onward travel not required

Unless the visa states “Return/onward travel not required”, the holder must have:

• a ticket to leave New Zealand for an acceptable destination, or
• enough money to buy a ticket to leave New Zealand, or
• an acceptable sponsor who can pay for a ticket to leave New Zealand.

Travel conditions

• First entry before
  • The travel condition “First entry before” means the holder must arrive in New Zealand before this date.
  • Where the holder does not enter New Zealand before the “First entry before” date, the visa will no longer be valid.
• Number of entries
  • Where the visa states that there are multiple entries, the holder may leave and return to New Zealand as many times as they wish before the “Expiry date travel”.
• Expiry date travel
  • The last date the holder may enter New Zealand on this visa.
  • The visa will expire where the holder is outside New Zealand and the “Expiry date travel” has passed.

Employment conditions

The holder may only work in accordance with the conditions set out in the visa.

The conditions may include:

• who the holder may work for
• the occupation or job the holder may do
• the location of the job
• the rate of pay that must be paid
• the number of hours that must be worked in a week
• the employment arrangement, for example whether the holder may work under a labour-hire arrangement.

Study conditions

Some visas allow the holder to study for a certain period.

Where the visa allows study, the holder may only study in accordance with the conditions set out in the visa.

Where you wish to stay longer

A person in New Zealand who wishes to stay beyond the visa’s expiry date cannot extend the visa. They must apply for another temporary visa before the current visa expires. That visa may be to visit, study or work.

To apply for another temporary visa while in New Zealand, the person must hold a current visa that is not a limited visa, an Interim Visa or a Transit Visa.

They should apply for another visa at least 1 month before the current visa’s expiry date.

Where the current temporary visa is due to expire while the person is awaiting a decision, Immigration New Zealand will usually grant an Interim Visa to allow them to stay in New Zealand lawfully. The conditions on an Interim Visa depend on the visa the person previously held and the new visa they have applied for.

The conditions that may be changed

Where a work visa comes with conditions on any of the following, the holder may apply for a change:

• the employer they work for
• the job they are doing
• the location where they are working (where multiple locations have not been approved as a condition of the visa)
• how long they may study while working.

Changing employer, job or location

Where the work visa allows the holder to work in any job, for any employer and at any location, they need not apply for a variation of conditions or a Job Change. Otherwise, they will need to apply to change these conditions.

Applicants need to be alert toNew Zealand immigration fraud and scams.

Changing an Accredited Employer Work Visa (AEWV) or a seasonal AEWV (GWSV or PSV)

Changing accredited employer, job or location

Holders may apply for a Job Change to change employer, job, location, or a combination of these.

• The employer must be an AEWV accredited employer, and must hold a valid job check for the new job.
• The holder will need a job token (also known as a job check number) for their application.
• The job token must be for the same type of visa the person currently holds. For example, where they hold an Accredited Employer Work Visa (AEWV) and the job token is for a Peak Seasonal Visa (PSV) or Global Workforce Seasonal Visa (GWSV), they cannot apply for a Job Change.
• Where they hold a GWSV, they may only apply for a Job Change to move to a job on the list of Global Workforce Seasonal Visa jobs.
• Where they hold a PSV, they may only apply for a Job Change to move to a job on the list of Peak Seasonal Visa jobs.

The time remaining on the visa does not change where a Job Change is granted.

Where changing job, the person must meet any qualification or work experience requirements the new employer listed in the job advertisement.

Where the employer sells the business or restructures

Where the employer is transferring a worker to a different business because of a sale of the business or a restructure, the worker will need to apply for a Job Change.

A sale of the business or a restructure occurs where the legal owner of the business changes. Where the reporting line changes but the organisation and the main duties of the job stay the same, the person need not apply for a Job Change.

Where the employer loses accreditation

Where the employer loses accreditation, the worker may continue working for them until the visa expires. However, where they choose to find a job with a new accredited employer, they may apply for a Job Change.

Maximum continuous stay and changing job

The total period of stay allowed, or maximum continuous stay, is the length of time the holder may be in New Zealand on their visa before they must spend time outside New Zealand.

Holders need to check the visa term and the total period of stay allowed for the current job and the new job, before checking whether they may change jobs.

• Where they hold an AEWV, the total period of stay allowed in New Zealand on an AEWV before having to spend time outside New Zealand may be 3 or 5 years, depending on the job. Time spent on a PSV or GWSV does not count towards the period of stay allowed on an AEWV.
• Where they hold a PSV, the total period of stay allowed in New Zealand each year is 7 months.
• Where they hold a GWSV, the total period of stay allowed in New Zealand each year is 9 months.

Where they hold an AEWV and the current job attracts a maximum visa term of 5 years, they cannot move to a job with a maximum visa term of 3 years, unless:

• they filed the current AEWV application before 06/04/2024
• the minimum rate of pay was NZD 29.66 an hour when the AEWV was granted, and
• the job is at skill level 4 or 5 of the Australian and New Zealand Standard Classification of Occupations (ANZSCO).

Holders may move to a job at the same ANZSCO level as, or a higher level than, the current job without losing the 5-year AEWV where:

• they filed their first AEWV application between 21/06/2023 and 06/04/2024, and
• the current job is an AEWV job that may have a maximum visa term of 5 years and is at ANZSCO level 4 or 5.

ANZSCO classifies jobs by skill level. ANZSCO skill levels run from 1 to 5, where 1 is the most highly skilled level and 5 the less skilled level.

The employer is changing the job or the worker has lost their job

Contact Immigration New Zealand where a worker has been told that:

• the job, or the place of work, is changing because of a restructure, liquidation or bankruptcy, or
• they are being made redundant — meaning the employer can no longer employ them in their job, or
• they have been dismissed from their job.

Immigration New Zealand’s Customer Service Centre staff can explain how this will affect their work visa. They will tell the person whether they need to change the conditions of the work visa, apply for a Job Change, or apply for a new work visa.

Where they hold an AEWV and the employer is changing because of a sale of the business or a restructure, check the section “Changing an Accredited Employer Work Visa (AEWV) or a seasonal AEWV (GWSV or PSV)” for further information.

Changing a Talent (Accredited Employer) Work Visa

Before 04/07/2022, employers could apply for accreditation under the Talent (Accredited Employer) Work Visa rules. This visa was replaced by the Accredited Employer Work Visa (AEWV) from 04/07/2022. Visas granted under the Talent (Accredited Employer) rules remain valid.

Holders may apply to change the conditions of a Talent (Accredited Employer) Work Visa in order to work for an employer:

• accredited under the Talent (Accredited Employer) rules
• previously accredited under the Talent (Accredited Employer) rules but whose accreditation expired after 31/03/2021
• not accredited under the Talent (Accredited Employer) rules, where the person’s current job no longer exists for reasons outside their control.

The new job must pay at least the minimum rate of pay the person needed to earn when applying for the visa.

They will need an “Employer supplementary form (INZ 1113)” completed by the new employer, unless the employer:

• was accredited under the Talent (Accredited Employer) rules and their accreditation expired after 31/03/2021, or
• is currently accredited under the Talent (Accredited Employer) rules or the AEWV rules.

Where the employer loses their accreditation

Where the employer loses or does not renew their accreditation, the worker may continue working for them without applying for a variation of conditions of the visa.

Changing a Long Term Skills Shortage List Work Visa (LTSSL)

Before 04/07/2022, applicants could apply for this visa where they held a job offer for a role on the Long Term Skill Shortage List (LTSSL). This visa was replaced by the Accredited Employer Work Visa (AEWV). Where a holder has a Long Term Skills Shortage List Work Visa and their circumstances change, they may change or update the visa conditions.

Moving to a different job, employer or location

Holders may apply for a variation of conditions to change their job, employer or location.

Where they wish to change job, they must have:

• a job offer for a job on the LTSSL, and
• the skills, experience, qualifications or registration listed in the LTSSL as a requirement for their occupation.

Where they wish to change employer, Immigration New Zealand may refuse the application where the new employer is listed on:

• the list of non-compliant employers maintained by the Labour Inspectorate, or
• the immigration stand-down list.

Where the job has been removed from the Long Term Skill Shortage List

Where the job has been removed from the long term skill shortage list, the current Long Term Skill Shortage List (LTSSL) Work Visa is unaffected.

Holders may still apply for residence where they have been employed in New Zealand for 2 years on their visa, even where the job has been removed from the list. They must:

• be in New Zealand
• be 55 or younger at the time of application
• have held an LTSSL Work Visa for at least 2 years, and
• meet the other requirements for the resident visa.

Changing a Partner of a Worker Work Visa

Where a holder has a Partner of a Worker Work Visa with employment conditions, they may apply for a variation of conditions to have them removed. This means they will be able to work in any job they wish, provided:

• the work they do is lawful
• they do not provide commercial sexual services
• they do not invest in or operate a business providing commercial sexual services
• they hold any occupational registration needed to do that job in New Zealand.

To have the employment conditions removed, their spouse must:

• earn at least NZD 28.00 an hour, and
• hold an Accredited Employer Work Visa (AEWV).

Where a person holds an open work visa, they need not notify Immigration New Zealand where they change employer, job or location. They must continue to meet the other conditions of the visa.

Where occupational registration is lost

Where a holder loses the occupational registration for their job, and the law requires it, they cannot work in that job.

They will need to apply for a new work visa, or a Job Change or variation of conditions into a job that does not require registration.

Where the employer is a District Health Board (DHB)

District Health Boards (DHBs) are now known as Te Whatu Ora — Health New Zealand.

Where the employer is listed as a District Health Board (DHB) in the visa conditions, holders may leave it as it is. Immigration New Zealand accepts a DHB visa condition as being work for Health New Zealand.

Changing how long you may study on a work visa

To study for more than 3 months on a work visa, holders need to check whether the conditions of the current visa need to be changed. Where the main reason for being in New Zealand will be to study, they will need to apply for a student visa instead.

They need do nothing where:

• the employer has required them to attend a course as part of the job, or
• they hold a working holiday visa and are studying for under 6 months.

Studying for more than 3 months

Holders apply for a variation of conditions where they wish to study part-time for more than 3 months on their work visa. The main reason for being in New Zealand is still to work, but they wish to study part-time in addition.

With the application, they need to include:

• an offer of place from the education provider they wish to study with, and
• evidence that the tuition fees have been paid.

Where study will be more important than work

Holders apply for a student visa where study will be more important than work. The main reason for being in New Zealand will be to study.

Changing travel conditions

Where the travel conditions on a work visa need to be changed, holders may make a paper application for a “variation of travel conditions”.

For example, where there is a “single entry” travel condition, holders may apply to change it to a “multiple entry” travel condition to allow them to enter and leave New Zealand several times.

When a new visa is needed

In some cases, a variation of conditions cannot be applied for, and the holder will need a new visa. For example, where they wish to be self-employed.

Holders may be self-employed where they hold a work visa with open employment conditions.

Where the visa does not have open employment conditions, they will need to apply for a different visa. Immigration New Zealand has visas allowing investment in a business.

How to apply for a variation of conditions or a Job Change

Documents needed

For all applications, applicants will need a copy of their passport or identity document — where applying on paper, they must provide a certified copy.

Where changing job, employer or place of work, they will also need:

• an offer of employment or employment agreement
• the job token number, where required for an AEWV or seasonal AEWV (GWSV or PSV)
• an Employer supplementary form (INZ 1113) completed by the new employer, where they are not an accredited employer
• a covering letter setting out the notice period, where required
• a signed Work visa declaration form (INZ 1225) where someone else is applying on their behalf.

Details of the offer of employment or employment agreement

The offer of employment or employment agreement must contain:

• the employer’s name
• the name of the person offered the job, and
• details of the job.

Details of the job include:

• the job title or position
• the place of work
• the type of work and the duties and responsibilities involved
• details of the rate of pay and working conditions
• the hours of work, and
• the term of the job.

Where applying to change the visa to an open work visa

They will also need evidence:

• of their spouse’s pay increase, or
• that their spouse meets the Green List requirements for their job.

Where changing conditions in order to study for more than 3 months

They will also need:

• an offer of place from the education provider
• evidence that the tuition fees have been paid.

How to apply online

Holders may apply online for:

• a Job Change, where they hold an AEWV, or a seasonal AEWV (GWSV or PSV)
• a variation of conditions, where they hold another work visa.

Note:

To apply for a variation of travel conditions, they will need to apply on paper.

1. File the application and pay the fee

To apply online, log in to your account, or set one up where you do not have one.

Then you may fill in the application, upload the documents and pay the applicable fees.

2. Await a decision

Immigration New Zealand will check that:

• the original work visa would have been granted for the new employment conditions being requested
• the person has met the conditions of the current visa, and
• the person still genuinely intends to work in New Zealand.

Immigration New Zealand will notify the applicant when a decision is made.

Immigration New Zealand may need further information from the applicant before the application can be approved. Immigration New Zealand will make contact and say what is needed.

When Immigration New Zealand approves the application, it will issue an updated eVisa.

How to apply on paper for a variation of conditions

Holders may apply on paper to change the conditions of a visa including the travel conditions.

1. Complete the form

Complete the form and attach all the supporting documents.

2. File the application and pay the fee

Use the tool on the “Fees, decisions times and where to apply” page to find out the cost of applying for a variation of conditions, where to file the application, and how long a decision will take.

3. Await a decision

Immigration New Zealand will check that:

• the original work visa would have been granted for the new employment conditions being requested
• the person has met the conditions of the current visa, and
• the person still genuinely intends to work in New Zealand.

Immigration New Zealand will notify the applicant when a decision is made.

Immigration New Zealand may need further information from the applicant before the application can be approved. Immigration New Zealand will make contact and say what is needed.

When Immigration New Zealand approves the application, it will issue an updated eVisa.

To apply for another temporary visa, applicants must:

• be in New Zealand when applying
• hold a current visa that is not a limited visa, an Interim Visa or a Transit Visa.