Do you wish to employ migrant workers under the Accredited Employer Work Visa policy? Want to know how to become an INZ accredited employer, what is the job check process and requirements for AEWV visa application? Check out the details below and contact us for advice, guidance and assistance with accreditation, job check and work visa applications.
EMPLOYER ACCREDITATION
Check out what are the steps to become an accredited employer, accredition types and requirements.
STEPS TO EMPLOY MIGRANT WORKERS
Employing skilled migrant workers involves 3 steps as under:
- Employer needs to be an Accredited Employer; and
- Employer has to complete Job Check for the job offered; and
- Employee then applies for the Accredited Employer Work Visa.
The first two steps of becoming an accredited employer and applying for job check, have to be completed by the employer at it's own cost The employer cannot charge or recover the cost from the employee. The final step of applying for accredited employer work visa may be completed by the employee at own cost.
ACCREDITATION TYPES
There are three types of Employer Accreditation:
- Standard Accreditation for employers hiring up to 5 migrant workers in a 12 month period;
- High volume accreditation for employers hiring 6 or more migrant workers in a 12 month period;
- Controlling third party accreditation for businesses placing migrant workers with third parties while being the direct employer.
ACCREDITATION REQUIREMENTS
To obtain accreditation, business must:
- Have a New Zealand Business Number (NZBN) and a New Zealand IRD Number;
- Be viable and genuine, that is, meet at least 1 of the following financial requirements:
- Not made a loss in the last 2 years; or
- Have positive cash flow in each of the last 6 months; or
- Have adequate capital or external investments; or
- Have a 2-year plan to ensure business remains viable.
- Key people in the organisation are not on the Labour Inspectorate's stand-down list;
- Be compliant with Employment Laws and Standards and also the Immigration Act 2009;
- Meet the following additional requirements, if placing migrants with controlling third party:
- Have a history of placing staff in NZ for at least 12 months;
- Ensure that at least 15% of staff placed (including specified construction roles) are New Zealand citizens or residents and guaranteed at least 30 hours work per week
- Commit to providing AEWV employees information about working and settling in New Zealand;
- Commit to pay all recruitment related costs and not pass them on to the migrant employees.
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JOB CHECK
Upon becoming an accredited employer, employers than need to complete Job Check and obtain Job Token. Job check involves advertising the job in most cases, to check if suitable New Zealand citizens or residents are available to do the job. This ensures that jobs are not given to migrant workers if suitable NZ citizens or residents are available for that job.
Advertise The Job
Not all employers need to advertise the job and employers need not advertise, if the job:
- is on the Green List and meets the green list job requirements
; or
- if the job pays at least twice the median wage.
For all other jobs, employers should advertise the job. Advertisement should meet the following requirements:
- must be issued in leading national employment website or suitable channel;
- job should be listed for at least 14 days if it is at ANZSCO skill level 1, 2 and 3 or for 21 days if the job is at ANZSCO Level 4 and 5;
- for jobs at ANZSCO skill level 4 or 5, employers must also engage with Work and Income
Acceptable Job Offer
Employer must have an acceptable job offer, that meets the following requirements:
- job must be for at least 30 hours a week; and
- paid at market rate; and
- paid at least the median wage unless the job is on the Exempt List.
Job Check Application Requirements
Application for Job Check must include:
- Evidence of advertisement issued, unless exempted;
- Work and Income Engagement check for jobs at ANZSCO skill level 4 and 5;
- Job Description and the ANZSCO Code for the job being offered;
- Employment Details such as job title, location of work, type of employment, minimum qualification and experience required;
- Remuneration Details such as hours of work, salary or hourly rates (minimum and maximum), deductions, benefits and allowances;
- Proposed Employment Agreement that includes:
- All clauses required by the Employment Law;
- All immigration specific clauses, such as job title, fixed-term or permanent, overtime rates, period within which personal grievances and sexual harassment grievances must be raised, not have any trial period and more.
Job Token
If the Job Check application is approved, INZ will issue to the employer a Job Token:
- for each job included in the application;
- is valid for one-time use only and is unique for each job;
- cannot be re-used.
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ACCREDITED EMPLOYER WORK VISA
This is the third and final stage of the AEWV process. Employer provides the Job Token to the proposed employee to apply for the Accredited Employer Work Visa (AEWV).
For details refer to Accredited Employer Work Visa (AEWV).
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