Key Updates for Employers: 90-Day Trial Changes and AEWV Processing

Kia ora everyone,

Immigration New Zealand (INZ) has announced several significant changes affecting employers and Accredited Employer Work Visa (AEWV) holders. At Surani Associates, we want to ensure you're fully informed about these updates and how they might impact your business or visa status.

Key Changes:

1. 90-Day Trial Period Restrictions:

   • From 29 October 2023, employers cannot use 90-day trial periods for AEWV holders.

   • This applies to Job Check applications under assessment, regardless of submission date.

   • Existing approved Job Checks and AEWV applications are not affected.

2. Labour Hire Threshold for Construction:

   • From 27 November 2023, labour hire firms in specific construction occupations must have at least 35% of their workforce as NZ citizens or residents.

   • This is an increase from the current 15% threshold.

   • Applies to 31 specified construction occupations.

3. AEWV Processing Times:

   • Current processing times have increased due to more thorough checks.

   • Employers should allow at least six weeks for accreditation and job check applications.

4. Escalation Process:

   • INZ has introduced an employment visa escalation process for urgent applications.

How These Changes Affect You:

For Employers:

• Review and update employment agreements to remove 90-day trial periods for AEWV holders.

• Construction sector employers: Assess your workforce composition to meet the new 35% threshold.

• Plan for longer processing times when applying for accreditation or job checks.

For Visa Applicants:

• Be aware that your employment agreement should not include a 90-day trial period.

• Expect potential delays in visa processing due to increased scrutiny of applications.

Tips for Smoother Applications:

1. Employer Accreditation:

   • Provide evidence of financial viability (e.g., profit and loss statements for the last 24 months).

2. Job Checks:

   • Ensure applications are for current vacancies only.

   • Include all required documentation.

   • For multiple vacancies, provide additional information such as organisation charts and contracts for ongoing work.

3. Migrant Settlement Support:

   • Detail your plans for supporting migrant employees.

At Surani Associates, we understand that these changes can be complex and potentially challenging for both employers and visa applicants. Our team of expert immigration advisors is here to help you navigate these new requirements and ensure your applications are compliant and complete.

Whether you're an employer needing to adjust your hiring practices or a visa applicant concerned about these changes, we're here to provide personalized guidance and support.

Remember, staying informed and proactive is key to successful immigration outcomes. Don't hesitate to reach out if you have any questions or need assistance with your AEWV applications or compliance matters.

Let's work together to ensure your business and visa needs are met in this evolving immigration landscape.