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Employers
Employer Responsibilities and the Accredited Employer Work Visa
There is increasing pressure on Immigration New Zealand to hold employers accountable for their treatment of migrant workers. This is particularly important because migrants are often unfamiliar with their rights in New Zealand and may rely heavily on their employers, especially when their visa status is tied to their job.
To address these concerns, the Accredited Employer Work Visa (AEWV) scheme was introduced. While opinions differ on whether it has improved conditions for migrants or made them more challenging, it is the system currently in place.
What Accreditation Means
Accreditation is not limited to hiring staff on work visas. Employers seeking to support a residence application through employment must also hold accreditation at some stage of the process. Even employers hiring workers on open work visas risk losing staff if they cannot offer a pathway to residence.
To employ a migrant on a work visa, an employer must first be accredited by Immigration New Zealand. Accreditation ensures that:
There is increasing pressure on Immigration New Zealand to hold employers accountable for their treatment of migrant workers. This is particularly important because migrants are often unfamiliar with their rights in New Zealand and may rely heavily on their employers, especially when their visa status is tied to their job.
To address these concerns, the Accredited Employer Work Visa (AEWV) scheme was introduced. While opinions differ on whether it has improved conditions for migrants or made them more challenging, it is the system currently in place.
What Accreditation Means
Accreditation is not limited to hiring staff on work visas. Employers seeking to support a residence application through employment must also hold accreditation at some stage of the process. Even employers hiring workers on open work visas risk losing staff if they cannot offer a pathway to residence.
To employ a migrant on a work visa, an employer must first be accredited by Immigration New Zealand. Accreditation ensures that:
- The employer is a legitimate business entity.
- The employer is financially stable and able to meet employment obligations.
- The employer understands and complies with relevant laws, including the Employment Relations Act 2000, the Holidays Act 2003, and the Immigration Act 2009.
- The employer will notify Immigration New Zealand if a migrant worker’s employment ends with more than one month remaining on their visa.
Challenges for Newer Businesses
New businesses, including those formed to purchase the assets of existing companies, may face additional hurdles in obtaining accreditation. Immigration New Zealand staff follow a strict checklist that may not always align with modern business practices, making professional guidance valuable in navigating the process.
Accreditation and Job Checks
Initial accreditation is valid for one year, with renewals lasting two years. Once accredited, employers must also obtain a job check for each role they wish to fill. A single job check can cover multiple positions if the roles are nearly identical. Employers must provide Immigration New Zealand with compliant employment agreements and job descriptions and, in most cases, demonstrate that no citizens or resident visa holders are available for the role by advertising the position.
Ensuring Compliance
Employers must also adhere to various compliance measures. Immigration New Zealand now conducts random checks and requires evidence of compliance during accreditation renewals. Non-compliance can lead to bans on hiring migrants, often extended if the employer cannot demonstrate improved compliance.
How We Can Help
We can guide you through every step of the process, including:
New businesses, including those formed to purchase the assets of existing companies, may face additional hurdles in obtaining accreditation. Immigration New Zealand staff follow a strict checklist that may not always align with modern business practices, making professional guidance valuable in navigating the process.
Accreditation and Job Checks
Initial accreditation is valid for one year, with renewals lasting two years. Once accredited, employers must also obtain a job check for each role they wish to fill. A single job check can cover multiple positions if the roles are nearly identical. Employers must provide Immigration New Zealand with compliant employment agreements and job descriptions and, in most cases, demonstrate that no citizens or resident visa holders are available for the role by advertising the position.
Ensuring Compliance
Employers must also adhere to various compliance measures. Immigration New Zealand now conducts random checks and requires evidence of compliance during accreditation renewals. Non-compliance can lead to bans on hiring migrants, often extended if the employer cannot demonstrate improved compliance.
How We Can Help
We can guide you through every step of the process, including:
- Ensuring compliance with Immigration New Zealand requirements.
- Preparing and submitting accreditation and job check applications.
- Addressing any questions or concerns from you or Immigration New Zealand during the application process.
Our expertise ensures you meet the requirements and maintain your ability to hire migrant workers, giving you peace of mind in navigating this complex system.
