The Accredited Employer Work Visa (AEWV) is a temporary work visa that Immigration New Zealand, implemented on 4 July 2022. Since that date all employers in New Zealand who want to hire migrant workers must be accredited and have completed the job check process before they can offer employment to a migrant worker who’s eligible for this new type of visa.
Applications for employer accreditation under the previous policy closed on 3 July 2022 and applications for employer accreditation under the new policy opened on 23 May 2022.
The accreditation process involves a three-check process. The process is employer-led, as opposed to the previous system that was instigated by the employee.
To hire migrant workers on the Accredited Employer Work Visa (AEWV) the employer will need to:
If your business needs input from skilled workers from overseas, you must be approved accreditation and a job check before you can hire migrants.
Initial accreditation lasts for 12 months before you need to renew it. Once you renew it will last for:
When you renew, INZ may ask for evidence that you have completed certain activities that you committed to do during the previous accreditation period. Therefore, it’s important you ensure these have been completed before you submit your application for renewal.
To employ migrants on the new Accredited Employer Work Visas (AEWVs), all employers must meet the standard accreditation requirements.
These requirements are intended to ensure all employers hiring migrants meet minimum requirements to support and settle migrants, and to comply with employment and immigration laws.
At a high level, the criteria for standard accreditation include:
You need to be a viable, genuine business able to meet one of these financial requirements:
You must also be compliant with New Zealand immigration law, employment, and business standards.
You and any key people in your organisation cannot be on the Labour Inspectorate stand-down list or permanently banned from hiring migrants – INZ will check this.
If you are a franchisee
Immigration has announced that franchisee accreditation will be discontinued from 16 June 2024. If you currently hold franchisee accreditation or have an application processing, you may continue to hold this accreditation. Once it is time to renew, you will be prompted to apply for standard, high-volume or controlling third party accreditation.
If you are placing migrants with a controlling third party
You must have a history of placing staff in New Zealand for the past 12 months and at least 15% of them must be New Zealand citizens or residents guaranteed at least 30 hours of work each week, unless the employer is placing no more than one employee in a triangular employment arrangement.
However, if you are intending to place Accredited Employer Work Visa holders in some construction occupations and have more than one employee in a triangular employment arrangement, a minimum of 35% of the employees who are placed in triangular employment arrangements must be New Zealand citizens or residents who are guaranteed at least 30 paid hours per week.
If your accreditation is approved, you must meet this requirement during your accreditation period.
If you are a trust, partnership or sole trader
For trusts, partnerships, and sole traders, New Zealand must be the primary place of established residence for the sole trader or at least one partner or trustee.
For trusts, partnerships, and sole traders, the business entity (which has an NZBN) must hold the accreditation, and the employer named on the employment agreement must be one or more of the trustees, partners or the sole trader.
You must not be bankrupt or subject to a No Asset Procedure.
Whether you need to renew is dependent on what is right for you and your business.
If you intend on continuing to hire migrant workers on AEWVs, support migrant workers on residence pathways and/or support current AEWV holders to apply for their extensions, you will need to renew.
There are various steps in the accreditation process, each with different timeframes:
Refer to the Accredited Employer Work Visa page for the costs charged by Immigration New Zealand.
Once you have become accredited, the next step is to apply for a Job Check for each job you want to hire a migrant worker for. If you do not do this, you cannot hire a migrant worker on an AEWV.
If you have multiple positions that have the exact same details (for example it is the same occupation, pay range, region/city, and the same minimum job requirements) they may be covered by the same advertising and proposed employment agreement, therefore, may be included on the one job check.
A Job Check fee is NZD $610 and a reconsideration of declined Job Check is NZD $240. Once a job check is approved, it is valid for six months or until you no longer hold accreditation, whichever is earlier.
Highly paid jobs (if the job is being paid at least 200% of the median wage) and is not on the Green List do not have to be advertised. Please note that AEWV applicants will need to meet the requirements of the Green List if this is used to avoid labour market testing.
Otherwise, all other jobs must pay at least the median wage (unless exempt) and you must be advertised.
Is there anything special I need to include in the employment agreement?
Yes, and your employment agreement will need to be completely up to date with the latest employment law.
If you’re hiring a migrant worker, you’ll need to include the following in the employment agreement:
Stating the minimum and maximum hours worked, and overtime rates, isn’t standard in most employment agreements in NZ. That’s why it’s worth engaging experts (like Consulting HQ) in this area to ensure your submission to INZ includes everything they need, or your application may be delayed or rejected. Contact us for help.