E3.26 Varying the conditions of temporary entry class visas (20/10/2021)

See also Immigration Act 2009 s 52

1. Holders of temporary entry class visas should apply for a variation of the conditions of their visa if:
   1. they wish to work and do not have a visa that allows work in New Zealand; or
   2. they hold a work or visitor visa and wish to undertake a programme of study in New Zealand for longer than 3 months (unless U2.5 applies); or
   3. they hold a work visa limited by conditions and wish to change employers, and/or occupation and/or the place of employment; or
   4. despite the ban on travel to New Zealand by temporary entry class visa holders in response to COVID-19, they have a critical purpose to carry-out in New Zealand (E3.27).
2. Immigration officers may grant a variation of conditions for cases (a) (i)– (iii) above provided that the applicant completes an Application for Variation of Conditions and produces:
   1. the appropriate fee;
   2. a valid passport (or a certified copy) or travel document (or a certified copy);
   3. documents which support the requested variation, such as:
   4. an offer of employment (see W2.10.10); or
   5. an offer of place at a suitable education provider (see U3.5), and evidence of tuition fee payment or exemption (see U3.10); and
   6. any other documents or information requested by the immigration officer.
3. A variation of conditions will only be granted where the varied conditions still meet the objectives of the instructions which the visa was granted under.
4. A variation of conditions to work for a specific employer will only be granted where the employer meets requirements at W2.10.5, W2.10.6 and W2.10.15.

E3.26.1 Varying the conditions of work visas

E3.26.1.1 Varying Essential Skills work visa conditions

1. Essential Skills work visa holders seeking to change occupation or place of employment will not be granted a variation of conditions and must instead apply for a new work visa, unless:
   1. their new occupation is listed on an Essential Skills in Demand list; and
   2. they meet the requirements of the list.
2. Essential Skills work visa holders whose visa is based on employment paid at or above the median wage, and who are seeking to change to employment paid below the median wage (WK3.5.1), will not be granted a variation of conditions, and must instead apply for a new work visa.
3. Essential Skills work visa holders whose visa was granted on the basis of employment assessed as higher-skilled or mid-skilled (for applications made before 27 July 2020), and who are seeking to change to employment paid below the median wage (WK3.5.1), will not be granted a variation of conditions, and must instead apply for a new work visa.

E3.26.1.5 Varying Specific Purpose or Event visa conditions

1. Holders of a work visa granted under WS2 as players or professional sports coaches may apply for a variation of conditions of their work visa to undertake additional employment. A variation of conditions may be granted if:
   1. the terms of the existing employment have been met, and will continue to be met; and either
   2. the secondary employment is offered by the sports club or a company involved in the sport and the position is offered solely to this particular player or coach; or
   3. the secondary employment is offered by an employer other than the sports club or a company involved in the sport and an immigration officer is satisfied that there are no New Zealand citizens or residence class visa holders available to be employed in the position (see WK3.10).

E3.26.1.10 Varying Talent (Accredited Employers) work visa conditions

1. Holders of a work visa granted under WR1 (Talent (Accredited Employers) Work Instructions) may apply for a variation of conditions of their work visa to change employers. Variation of conditions may be granted:
   1. to undertake employment for another employer who is accredited under WR1 (Talent (Accredited Employers) Work Instructions); or
   2. to undertake employment for another employer who is not accredited under WR1 (Talent (Accredited Employers) Work Instructions) if their employment is no longer available due to reasons beyond the visa holder’s control. When assessing such applications for a variation of conditions, immigration officers will consider all the circumstances of the applicant and the reasons for which the former accredited employer did not continue employment or the former employer’s accreditation was not renewed or rescinded; or
   3. to undertake employment for another employer who held accreditation (as defined by WR1.20) under the Talent (Accredited Employer) Work Instructions after 31 March 2021 and accreditation has since expired.
2. In order to be granted a variation of conditions under (a) above:
   1. the base salary offered must be no less than the base salary that was required at the time the initial work visa application was made; and
   2. the offer of employment must meet the requirements of WR1.10; and
   3. employers must meet the requirements under W2.10.5, W2.10.6, W2.10.10 and W2.10.15.
3. Despite E7.10(a)(ii), immigration officers may apply E3.26.1.10(a)(iii) to an application to vary employer conditions of a Talent (Accredited Employer) work visa that has not been decided and was submitted before the effective date of these instructions.

Notes:
~ Where a person fails to continue employment in the circumstances described in (a) and (b) above, they will not be eligible for residence under the Residence Instructions for holders of work visas granted under the Talent (Accredited Employers) Work Instructions.
~ For the avoidance of doubt, the base salary in (b) above excludes employment-related allowances (for example overtime, tool or uniform allowances). The base salary is calculated on the basis of 40 hours work per week.

E3.26.1.15 Varying South Island Contribution work visa conditions

1. Despite WR7.15(b), holders of a work visa granted under WR7 (South Island Contribution work instructions) may apply for a variation of conditions of their work visa to change employers and/or regions.
2. A variation of conditions may be granted:
   1. to undertake employment in another industry in the same region; or
   2. to undertake employment in the same industry in another South Island region.
3. In order to be granted a variation of conditions under (a) above the applicant must:
   1. provide evidence to show they meet the requirements of WR7.10(b)-WR7.10(f); and
   2. demonstrate that their employment is no longer available due to reasons beyond their control.
4. When assessing such applications for a variation of conditions, immigration officers will consider all the circumstances of the applicant and the reasons for which the former employer did not continue employment.
5. A variation may only be granted once under these instructions.

E3.26.5 Varying the conditions of visitor visas

1. Holders of visitor visas granted under V3.100 Guardians accompanying students to New Zealand may only be granted a variation of conditions for part time work or part time study between the hours 9:30am and 2:30pm Monday to Friday (inclusive) (see V3.100.35).
2. Holders of visitor visas may be granted a variation of conditions for a duration of six weeks to undertake seasonal work (planting, maintaining, harvesting and packing crops) in any region where the Ministry of Social Development has identified a shortage of seasonal labour and for any employer in the horticulture or viticulture industries, provided the applicant has not been granted a variation of conditions for this purpose since their most recent entry to New Zealand.

E3.26.10 Varying the conditions of student visas

Holders of student visas may be granted a variation of conditions to allow them to work in line with the requirements at U13.

Effective 20/10/2021