Exclusion of Overnight Hours from Wage Calculations for Essential Skills and SMC Visas (Amendment Circular No. 2021-15)

Policy effect

Amends instructions SM6.20 and WK3.5.1 regarding the calculation of hourly remuneration by allowing certain hours worked overnight while sleeping to be excluded from hourly rate calculations for Essential Skills work visas and Skilled Migrant Category residence visas, provided that: (i) for any hours an applicant is sleeping, they are paid at or above the minimum wage; (ii) for any hours an applicant is required to perform their duties, they are paid at least their normal rate; (iii) the applicant works a minimum of 30 hours per week at their normal rate; and (iv) the applicant works in the Aged, Residential Care or Disability Care industry. These instructions may also be applied to any work visa application under Essential Skills work instructions that has not been decided and was submitted before the effective date.

Conditions and exceptions

Validated condition or limit: Amends instructions SM6.20 and WK3.5.1 regarding the calculation of hourly remuneration by allowing certain hours worked overnight while sleeping to be excluded from hourly rate calculations for Essential Skills work visas and Skilled Migrant Category residence visas, provided that: (i) for any hours an applicant is sleeping, they are paid at or above the minimum wage; (ii) for any hours an applicant is required to perform their duties, they are paid at least their normal rate; (iii) the applicant works a minimum of 30 hours per week at their normal rate; These instructions may also be applied to any work visa application under Essential Skills work instructions that has not been decided and was submitted before the effective date.

Official source excerpt

Quoted verbatim from the official source below. Ellipses indicate omitted text.

Appendix 1: Amendments to Temporary Entry instructions effective on and after 24 May 2021 … Changes have been made to immigration instructions to remove certain hours worked overnight from the remuneration calculation for Essential Skills and Skilled Migrant Category visa applications. … Where an applicant is required to work overnight, but allowed to sleep during this time, any hours spent sleeping may be excluded from WK3.5.5(g) provided that: i. for any hours an applicant is sleeping, they are paid at or above the minimum wage; and ii. for any hours an applicant is required to perform their duties, they are paid at least their normal rate; and iii. the applicant works a minimum of 30 hours per week at their normal rate required by WK3.5.1; and iv. the applicant works in the Aged, Residential Care or Disability Care industry. … Despite E7.10(a), these instructions may be applied to any work visa application under Essential Skills work instructions that has not been decided and was submitted before the effective date. … the applicant works in the Aged, Residential Care or Disability Care industry.

Review method

Gemini 3.5 Flash-Lite extraction with independent Gemini 3.8 Flash verification

Other New Zealand changes operative in 2021

• 2021-04-27Prioritisation Rules for Onshore and Quarantine-Free Travel (QFT) Zone Visa Processing
• 2021-05-07Temporary-visa applications allowed from former quarantine-free travel zones
• 2021-10-31Closure of Talent and Long Term Skill Shortage List Work Visas
• 2021-11-29Restriction of Compassionate Border Entry Exceptions