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 We provide comprehensive service from initial consultation right through to receiving the application decision.
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.
ACCREDITATION TYPES AND REQUIREMENTS
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.
Effective from June 2024, Franchisee Accreditation has been discontinued. Franchises have to apply for the type of accreditation, appicable to them.
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 PROCESS
Upon receiving accreditation, employers then proceed with the Job Check process, as under.
- Advertise the job. All jobs, except those that pay twice the median wage or those on the Green List, should be advertised before applying for Job Check. Advertisement should meet the following requirements:
- must be issued in a 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
- Have an acceptable job offer as under:
- 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.
- Apply for Job Check. Application 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. Agreement must have:
- All clauses required by 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
Upon approval of Job Check application, employers will be issued Job Token for each job. Job token is valid for one-time use only and is unique for each job and 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) page.
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