Accredited Employer Work Visa New Zealand: Unlocking Opportunities for Skilled Migrant Workers

Introduction

In the ever-evolving global economy, businesses across New Zealand frequently encounter skill gaps and labor shortages that cannot be filled solely by the local workforce. To address this challenge, the Accredited Employer Work Visa (AEWV) scheme was introduced, enabling accredited employers to hire skilled migrant workers from abroad. This visa category not only bridges the talent gap but also ensures compliance with immigration and employment laws, safeguarding the rights and interests of both employers and employees.

Understanding Employer Accreditation: The Key to Hiring Migrant Workers

Employer accreditation is the cornerstone of the AEWV process, serving as a crucial vetting mechanism for businesses seeking to hire foreign workers. To become an accredited employer, companies must meet stringent criteria that demonstrate their financial stability, good workplace practices, and commitment to employing and training New Zealanders.

The accreditation process involves a comprehensive assessment of the employer’s business, including its financial position, human resource practices, and compliance with relevant laws and regulations. Employers must provide evidence of their ability to offer genuine employment opportunities, fair working conditions, and a commitment to upholding employment standards.

Benefits of Employer Accreditation

Obtaining accreditation from Immigration New Zealand (INZ) brings numerous benefits to employers, including:

1. Streamlined Hiring Process: Accredited employers can bypass the often-lengthy process of proving the unavailability of local workers for specific roles, as the accreditation itself serves as evidence of genuine labor shortages.
2. Access to Skilled Talent: With accreditation, employers gain access to a broader pool of skilled migrant workers, enabling them to fill critical roles and drive business growth.
3. Compliance Assurance: By adhering to the accreditation requirements, employers can ensure compliance with immigration and employment laws, reducing the risk of legal and financial penalties.
4. Reputation and Credibility: Being an accredited employer enhances a company’s reputation and credibility, positioning it as a responsible and attractive employer for both local and international talent.
5. Improved Retention: By creating a positive work environment and offering competitive employment terms, accredited employers can improve employee satisfaction and reduce turnover rates.

The Three-Step AEWV Application Process

The AEWV application process involves three distinct steps, each designed to ensure the integrity of the system and protect the interests of all parties involved.

Step 1: Employer Accreditation

The first step in the AEWV process is for the employer to obtain accreditation from INZ. This involves submitting an application, providing comprehensive information about the business, and demonstrating compliance with various legal and regulatory requirements.

During the accreditation process, employers must make several declarations and commitments, including:

• Compliance with New Zealand employment laws and standards, as well as the Immigration Act 2009.
• A commitment to taking reasonable steps to ensure that each prospective AEWV holder meets the skill requirements and has the necessary qualifications and experience for the job.
• Ensuring that all individuals involved in recruitment decisions complete Employment New Zealand’s online employer modules.
• Paying all recruitment costs, both in and outside New Zealand, without passing them on to AEWV employees.
• Providing AEWV workers with time during paid work hours to complete Employment New Zealand’s online employee modules within one month of starting work.
• Supporting migrant workers in settling into New Zealand by providing information about working and living in the country, as well as local community services.
• Notifying INZ within 10 working days if an AEWV holder stops working for the employer or if key personnel changes occur within the business.

INZ assesses most applications based on the declarations made by employers, as well as automated checks against publicly available information or data held by the Ministry of Business, Innovation, and Employment (MBIE).

Step 2: Job Check

Once accredited, employers must apply for a Job Check for each specific role they wish to fill with a migrant worker. During this step, INZ assesses the job description, terms and conditions, and ensures that the employer has conducted a labor market test (if required) to demonstrate the inability to find suitable local candidates.

To apply for a Job Check, employers must provide the following:

• The job title and location of the work.
• The Australia and New Zealand Standard Classification of Occupations (ANZSCO) code and skill level that best match the job being offered.
• An acceptable job offer, job description, and a draft employment agreement.
• Proof of advertisement for the role, unless the job is exempt from advertising requirements.
• Evidence of engagement with Work and Income New Zealand (WINZ) if the role is classified as ANZSCO level 4 or 5.

Step 3: Migrant Worker Check

If the Job Check is approved, the employer can then extend a job offer to a migrant worker, who must subsequently apply for an AEWV. During this final step, INZ assesses the migrant worker’s qualifications, experience, and suitability for the role, as well as their character and health requirements.

Throughout the application process, employers and migrant workers must provide various supporting documents, such as employment agreements, job descriptions, evidence of qualifications and work experience, and proof of compliance with relevant laws and regulations.

Key Considerations for Employer Accreditation

To obtain accreditation, employers must meet specific criteria that demonstrate their eligibility and commitment to upholding employment standards. Here are some key considerations:

Financial Requirements

INZ closely examines the financial stability of the employer to ensure they can provide secure and sustainable employment opportunities. Employers must demonstrate a sound financial position, positive cash flow, sufficient capital or external investment, and a credible business plan.

Good Workplace Practices

Accredited employers are expected to maintain good workplace practices, including fair employment terms and conditions, adequate training and development opportunities for employees, and a commitment to diversity and inclusion.

Compliance with Immigration and Employment Laws

Employers must comply with all relevant immigration and employment laws, including those related to minimum wage rates, working hours, leave entitlements, and occupational health and safety. Any history of non-compliance or exploitation may result in the denial of accreditation.

Training and Upskilling Initiatives

To demonstrate their commitment to developing local talent, employers must provide evidence of initiatives aimed at training and upskilling New Zealanders. This may include apprenticeship programs, internships, or other workforce development strategies.

Commitment to Ethical Recruitment

INZ places a strong emphasis on ethical recruitment practices, ensuring that employers do not engage in any form of exploitation or coercion when hiring migrant workers. This includes prohibiting the charging of recruitment fees to workers and ensuring fair and transparent employment agreements.

Navigating Challenges and Finding Solutions

While the AEWV process is designed to protect the interests of all parties involved, employers may face certain challenges during the accreditation and job check stages. Here are some common challenges and potential solutions:

Documentation and Paperwork

One of the most significant challenges for employers is gathering and presenting the required documentation for accreditation and job check applications. This may include financial records, employment agreements, job descriptions, and evidence of compliance with various laws and regulations.

Solution: Employers should seek professional assistance from immigration consultants or legal experts who can guide them through the documentation requirements and ensure that all necessary information is provided in the correct format.

Labor Market Testing

For certain roles, employers may be required to conduct labor market testing to demonstrate their inability to find suitable local candidates. This process can be time-consuming and may delay the hiring process.

Solution: Employers should plan ahead and allocate sufficient time for labor market testing. They should also work closely with recruitment agencies and job boards to ensure that job advertisements are properly targeted and reach the appropriate audience.

Compliance with Employment Laws

Ensuring compliance with ever-changing employment laws and regulations can be a challenge, particularly for smaller businesses or those new to the AEWV process.

Solution: Employers should seek guidance from legal professionals or industry associations to stay up-to-date with the latest employment laws and regulations. Additionally, they should implement robust internal policies and procedures to ensure ongoing compliance.

Managing Accreditation Renewals

Employer accreditation is typically valid for a specific period, after which employers must renew their accreditation to continue hiring migrant workers under the AEWV scheme.

Solution: Employers should carefully monitor the expiration dates of their accreditation and begin the renewal process well in advance to avoid disruptions in their hiring processes. They should also maintain detailed records of their compliance with accreditation requirements to facilitate a smoother renewal process.

Post-Accreditation Checks and Compliance Monitoring

To ensure ongoing compliance with accreditation standards, INZ conducts post-accreditation checks on a regular basis. These checks can occur at any time and are designed to verify that employers are meeting their commitments and declarations made during the application process.

INZ aims to check approximately 16% of accredited employers each year through a combination of random selection, targeted checks across all accredited employer types, and comprehensive audits of controlling third-party business models. Additionally, any complaints or issues raised against accredited employers may trigger further investigations.

If an accredited employer is found to be non-compliant with immigration or employment laws, INZ may take appropriate action, including the suspension or revocation of their accreditation. As of April 2024, INZ had revoked the accreditation of 255 employers and suspended the accreditation of 82 others, demonstrating the importance of maintaining compliance throughout the accreditation period.

Conclusion: Unlocking Opportunities with the AEWV

The Accredited Employer Work Visa (AEWV) scheme plays a vital role in addressing the skill shortages and labor gaps faced by businesses in New Zealand. By enabling accredited employers to hire skilled migrant workers, the AEWV not only bridges talent gaps but also fosters economic growth and innovation.

However, navigating the accreditation and application processes can be complex, requiring a deep understanding of legal and regulatory requirements. Employers must be prepared to meet stringent criteria, demonstrate good workplace practices, and maintain compliance with immigration and employment laws throughout the accreditation period.

If you are an employer seeking to leverage the benefits of the AEWV scheme or a migrant worker exploring opportunities in New Zealand, it is highly recommended to seek professional assistance. Our team of experienced immigration consultants and legal experts can guide you through every step of the process, ensuring a smooth and successful application.

By working with us, you can minimize the risks associated with non-compliance, streamline the application process, and gain a competitive edge in attracting and retaining top talent from around the world. Contact us today to learn more about our services and take the first step towards a successful AEWV journey.

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