5/05/2023
Employer Accreditation
Immigration New Zealand is granting automatic extensions for employer accreditations. Surani Associates helps businesses with the accreditation process to hire migrant workers under the Accredited Employer Work Visa.
Accreditation
News - May 25, 2023
Immigration New Zealand is granting automatic extensions for employer accreditations. If your organisation applied for its first employer accreditation before 4 July 2023, that accreditation will automatically be extended by 12 months.
Ensure your organisation holds the correct accreditation type. For more information on accreditation types, visit our website: The accreditation process | Immigration New Zealand.
If you are a business employer looking to hire international migrant workers, Surani Associates can assist you with the Business/Employer Accreditation process. The Accredited Employer Work Visa (AEWV) came into effect on 4 July 2022, providing a new visa category for migrant workers to work in New Zealand with an accredited employer.
Standard Accreditation: For employers who want to employ up to 5 migrant employees.
High Volume Accreditation: For employers who want to employ more than 5 migrant employees.
Granting a business accreditation is a three-step process:
Employer Check
The employer must be a genuinely operating business.
Complete settlement support activities.
Comply with Immigration New Zealand standards, employment standards, and business standards.
Requirements include having sufficient capital, meeting financial obligations, providing information to migrant employees, and not breaching employment standards.
Job Check
Employers must provide information about the job position, including the occupation, job description, and employment agreement.
Perform a labour market test to demonstrate genuine attempts to recruit New Zealand employees before seeking migrant workers.
Migrant Check
The application for the migrant worker is processed to ensure they are suitable for the proposed job position and can work in New Zealand.
Contact us today if you want your business to be accredited.
FAQs
Will businesses who recruit self-employed contractors only, not employees, require accreditation?
The AEWV is not available to self-employed contractors.
What type of verification activities may INZ undertake after an initial accreditation application has been approved?
Most verification activities will be desk-based inspections. INZ may conduct site visits if necessary.
Do employers have the ability to incorporate the MBIE Employment e-modules into their own e-learning systems?
No, MBIE/INZ does not offer this service. E-modules can be accessed at Employment NZ.
If an employer has multiple branches across the country as separate legal entities to the controlling entity, would this business model be considered as an employer placing migrants with a controlling third party?
This depends on the relationship between the entities and the migrant workers. The definition of a controlling third party can be found on our website: Accreditation for employers placing migrants with controlling third parties | Immigration New Zealand.
From a privacy point of view, if a person at a company that involves several ‘key people’ applies for accreditation and a job check(s), will INZ be able to provide the information from the application(s) to the other key people if they request?
The person applying for accreditation can share the application with others. If a key person without access requests information, it must go through the Privacy Act and Official Information Act request processes.
Can a recruitment agency advertise a vacancy on behalf of an accredited employer?
Yes.
Does a job advert listed by a recruitment agency on behalf of an accredited employer need to specify the accredited employer’s name?
No, but additional evidence may be required to link the ad to the job check.
If the wrong accreditation type has been applied for, will INZ allow the employer to pay the difference and upgrade the application if they provide the necessary documentation?
Employers can upgrade from standard to high volume accreditation after approval by paying the fee difference. Upgrades for unapproved applications are not allowed.
For employers who hold accreditation to place AEWV holders with controlling third parties, can they ‘down grade’ their accreditation to standard accreditation? If yes, is there a fee involved?
Employers cannot downgrade but can apply for standard accreditation separately.
What happens to the accreditation of employers who place AEWV holders with controlling third parties if their placed workforce is reduced to less than 15% NZ citizens and/or resident visa holders?
Employers must maintain a 15% quota. Failure to comply can impact accreditation status and ability to apply for further accreditation.
Must an employer hold accreditation to place AEWV holders with controlling third parties despite the controlling third party electing not to exercise their control?
Yes, if the controlling third party is entitled to exercise control over AEWV holders similar to the employer, accreditation is required.
For employers who place AEWV holders with controlling third parties, can the 15% of the placed workforce made up of NZ citizens and/or resident visa holders requirement be an averaged percentage throughout the accreditation period?
No, it must be maintained at the time of application and throughout the accreditation period.
What are the factors INZ will consider when determining whether a controlling third party “directs or controls” the employee’s day to day work?
Factors include whether the worker benefits the controlling third party and the nature of the work.
If Employment New Zealand receives a complaint about an employer, will the employer be prevented from applying for accreditation?
Complaints will be assessed for further investigation. Employers can still apply for accreditation during this process.
How can an employer receive a GST tax receipt for fee payment?
A GST receipt/tax invoice is generated upon submission and is available in the employer’s Immigration Online account.
If an employer pays for the AEWV visa application for a migrant worker, can the employer recover the cost via deduction of wages or payment in agreed instalments?
Employers can recover the cost, but terms must comply with employment law.
How can an employer continue to employ their staff when their visas are nearing expiry? Will the employer need to do a job check for their existing migrant worker to continue working for them?
Yes, a new job check and labour market test are required.
For jobs where there are multiple identical vacancies but in different regions, how are employers supposed to list multi-region jobs on Seek and TradeMe?
Separate ads are required for each location. For jobs requiring travel, list the main location and note the travel requirement.
When calculating remuneration as part of the job check, how is ‘reasonable’ under WA3.15.f defined and/or how will it be assessed?
Deductions are assessed based on the role and New Zealand market standards. Employment New Zealand provides guidance on pay deductions.
If an employer needs to change something about a job ad for genuine reasons, what will the impact be for their job check application?
Changes are assessed case-by-case. If changes impact the likelihood of New Zealanders applying, the ad may need to run for 14 consecutive days.
Where a decision may be postponed ‘until the employer is determined to meet the requirements’, how long might this be at a maximum?
No set maximum timeframe. Employers may withdraw applications if they choose not to pursue the visa.
Does the requirement for the job to be listed for at least 14 calendar days mean the job needs to be listed for 14 days consecutively?
Usually, 14 consecutive days are expected. Non-consecutive days may be acceptable if advertising attempts are genuine.
