Maximum continuous stay and the Peak Seasonal Work Visa: what you need to know

Immigration New Zealand has confirmed how maximum continuous stay rules apply to the Peak Seasonal Work Visa (PSWV). The rules follow the same framework as the Accredited Employer Work Visa but there are some specific scenarios worth understanding, particularly around time spent offshore and visa cancellation.

How maximum continuous stay is calculated

The Peak Seasonal Work Visa is treated the same as a standard Accredited Employer Work Visa (AEWV) for maximum continuous stay purposes. The following applies:

• Time spent offshore counts toward maximum continuous stay if the worker continues to hold the visa.
• If the worker resigns and the employer requests cancellation of the visa, the maximum continuous stay clock stops from the date the visa is cancelled.
• If a worker reached the end of their maximum continuous stay while offshore and then completed a four-month stand-down period, the clock resets and they are eligible to apply for a new Peak Seasonal Work Visa.
• Time spent on a non-seasonal AEWV or a Global Workforce Seasonal Visa does not count toward the maximum continuous stay of a Peak Seasonal Work Visa.
• There is no maximum period a person may hold a Global Workforce Seasonal Visa before becoming eligible for another.

Why employer notification matters

Employers are required to notify Immigration New Zealand if a worker's employment ends more than a month before their visa expiry. Doing so creates a more accurate record of the worker's stay and supports a cleaner calculation if the worker wants to return and apply for a new visa in the future. Failing to notify can result in a worker's maximum continuous stay continuing to accrue even after they have left employment.

For workers

If you are working on a Peak Seasonal Work Visa and you resign or your employment ends, the maximum continuous stay clock may or may not stop depending on whether your visa is cancelled. Do not assume the clock stops automatically. If you are planning to go offshore and return for a future season, it is worth understanding exactly where you stand before you leave.

Checklist for employers managing seasonal workers

• Check the expiry date on each worker's visa and note when maximum continuous stay will be reached.
• If a worker resigns or employment ends more than a month before visa expiry, notify INZ promptly to trigger a visa cancellation.
• Keep records of each worker's time in New Zealand and offshore in case of future applications.
• Do not assume time offshore resets the clock unless the visa has been cancelled and a stand-down period has been completed.
• Ensure employment agreements are compliant before lodging AEWV or PSWV applications. Agreements must not include trial periods, bonding clauses, or fees that bind workers to the employer.
• Work experience evidence must be independently verifiable. A CV alone is not sufficient. IRD tax statements are acceptable for onshore applicants.

If you have questions about maximum continuous stay for a specific worker or want to check whether a worker is eligible to return, our team can assist.