General messaging:

• People in New Zealand with expiring working holiday visas will be able to stay in the country to fill short-term horticulture and viticulture roles.

• Around 12,000 Working Holiday Scheme visa holders who are in New Zealand, with visas expiring between 1 October 2020* and March 2021, will be automatically granted Supplementary Seasonal Employment (SSE) visas.
  • NOTE: for all eligible WHV holders with visas expiring in October 2020 (those onshore without onhand temporary applications on the day their visa expires), we will retrospectively record the SSE visa in AMS and remove their UNLI record.
• This allows SSE visa holders to work until 30 June 2021 in horticulture and viticulture seasonal roles where there are not enough New Zealanders available to do the work.
• Eligibility for the SSE visa has been expanded so that people who hold or have held a work visa will be able to apply. They will need to have a job offer from an eligible employer.
• Employers can take on SSE workers when:
  • They are an RSE employer with unfilled (RSE) spaces, or
  • They are an SSE AIP employer, or
  • The role and region is included on a list maintained and published by MSD (https://www.workandincome.govt.nz/about-work-and-income/news/2020/supplementary-seasonal-employer-visa.html)
• An SSE visa will enable the visa holder to be employed by any of the following:
  • an employer with an approved SSE Approval in Principle (AIP);
  • an RSE employer with an approved Agreement to Recruit (ATR) where places have been unable to be filled by RSE workers;
  • any employer in a role, region and period of time specified by MSD.

For Non-RSE employers:

• To employ an SSE visa holder for work that has not been identified on the MSD list of approved roles/regions, you will need to obtain an SSE Approval In Principle (AIP). This involves:
  • demonstrating your efforts to employ New Zealanders, including through MSD, and satisfying INZ/MSD there are no suitable New Zealanders to do the work
  • showing that you are compliant with employment and immigration law 
  • providing access to suitable accommodation
• NZ encourages you to engage with MSD to get an indication of support before you lodge an application. This will help speed up the process.

For RSE employers

• You need to prioritise your RSE workforce, before seeking to recruit an SSE visa holder.
• To employ an SSE visa holder:
  • you must have places in an approved ATR that you have been unable to fill by employing an RSE worker, you can go ahead and employ an SSE visa holder for the shortfall.
  • you can apply for an SSE AIP – employers can only employ SSE visa holders if they have a current approved ATR/SSE AIP space available in the region of employment.

Working holiday visa holders not covered by special direction

• Anyone who is in New Zealand and whose visa is expiring should leave before the visa expires or secure a new visa or a visa extension.
• If your visa does not expire between 1 October and 31 March you will not be automatically granted a SSE visa by special direction. 
• If your visa is expiring between 1 October 2020 and 31 March 2021 (inclusive) and you have applied for a new visa, but would prefer to be granted the SSE visa instead, you can withdraw your application so that you are automatically granted the SSE visa. You should seek to withdraw your application as soon as possible before the expiry of your visa to ensure that you are eligible for the SSE visa.

Working holiday visa holders covered by special direction

• You are invited to stay in New Zealand to seek work in the horticulture and viticulture season. However, you will only be able to work in certain roles, for certain employers, in certain regions for certain periods of time.
• If you have been offered work that is not listed in MSD’s list of approved work, you should ask to see the employer’s approval to hire SSE visa holders.
• If you do not want to be granted the SSE visa, you will need to lodge an application for a different visa appropriate to your circumstances, or leave New Zealand before your current visa expires. SSE visas will not be automatically granted if you have applied for another visa. 

Visitors/students/other work visa holders onshore 

• You can apply for an SSE visa and will have the same work rights as those being granted by special direction.

FAQs

Am I eligible to apply for an SSE visa?

Working visa holders whose visas expire from 1 October will automatically be granted the SSE visa. If your visa expires from 1 October 2020, you will receive notification that you have been granted an SSE shortly after your visa expires.

For those whose visas expire from 1 October to 31 October, your  SSE visa will not show in the system for this period. We will contact you in writing as soon as possible after the expiry of your working holiday visa to confirm you met the criteria for the granting of the new SSE visa.  You will be able to provide this to an employer as evidence of your entitlement to work in eligible horticulture and viticulture roles.

If I fall into the 1 October to 31 October 31 group, is it possible I could end up being considered unlawful?

We will contact you in writing as soon as possible after the expiry of your working holiday visa to confirm you met the criteria for the granting of the new SSE visa.  You will be able to provide this to an employer as evidence of your entitlement to work in eligible horticulture and viticulture roles.

Affected clients’ UNLI record will be removed if they fit the qualifying criteria and do not have an on-hand temporary visa application on the date of their visa expiry.

If your visa expires from 1 November 2020, you will receive notification that you have been granted an SSE on the date your visa expires.

If your extended visa expired between 25 September 2020 and 30 September 2020, you will not be eligible for the SSE visa. You should read the information about what to do if your visa has expired.

When and how can I apply?

The changes will be processed automatically for all eligible working holiday visa holders. These visa holders will be contacted by Immigration New Zealand shortly after their current visas expire.

Other work visa holders can apply now, in time for the start of the horticulture and viticulture season.

I’m on a visitor visa. Can I apply?

Yes, students and visitors can already apply for a Supplementary Seasonal Employment visa.

My visa is expiring now. Can I stay and wait for the SSE visa?

You need to have a current a working holiday visa and have no applications in process to be granted the SSE visa automatically by Special Direction.

Source: INZ New Zealand