As the New Zealand employment regulations undergo significant changes, prospective workers and employers are eager to understand the implications of work visas, particularly with the 90-day trial period.
In this article, we will delve into the intricacies of the recent shifts and explore whether individuals can still benefit from a 90-day trial period when applying for work visas.
Understanding the Regulatory Changes
Effective December 11, 2023, the New Zealand government introduced alterations to the 90-day trial period, impacting a majority of employers. However, the burning question remains: Can individuals on work visas still avail themselves of this trial period? Let’s break down the details.
Exemptions for Work Visa Holders
The good news is that despite the regulatory changes, certain categories of work visa holders, such as those under the Accredited Employer Work Visa (AEWV) program, remain exempt from the extended 90-day trial period.
This exemption provides a crucial advantage for both employers and individuals seeking employment under specific visa categories.
Caution for Employers and Visa Applicants
While the exemption exists, caution is advised for employers crafting employment agreements for work visa applicants. Implementing trial terms without careful consideration may lead to risks, potentially impacting visa approval.
Employers need to navigate this aspect of the regulatory landscape with diligence to ensure compliance and seamless hiring processes.
Impact on Job Check Applications
In the realm of work visas, the Job Check process is a critical step. As of October 29, any Job Check application featuring an employment agreement with a trial term will face rejection by Immigration New Zealand (INZ).
Employers and visa applicants need to be aware of this change to avoid complications during the application process.
Must Read: New Zealand Announces 5 Major Changes to Accredited Employer Work Visa
Exceptions and Considerations
For individuals and employers with existing job checks or AEWV applications submitted or approved before October 29, 2023, the revised legislation does not retroactively impact them. This exception provides some relief for those already in the application pipeline.
Conclusion
In the ever-evolving landscape of New Zealand work visas, the question of the 90-day trial period looms large. While recent changes bring new considerations, employers and visa applicants alike need to stay informed.
By understanding the exemptions, exercising caution, and adapting to the evolving regulations, navigating the New Zealand work visa process can still be a manageable and fruitful endeavour.
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