IN THE KNOW —
Immigration NZ’s employer accreditation With borders opening, many employers are waiting for the stream of migrant workers to address dire resourcing problems. But, the way employers taken on migrant workers is changing. Step 2: Job Check
From 4 July 2022, employers taking on new employees on work visas will have to be accredited with Immigration New Zealand (INZ). The Accredited Employer Work Visa (AEWV) will replace Essential Skills work visas and other employerspecific visa categories.
Employers are also responsible for applying for a Job Check for each role, and: • All jobs must pay at least the median wage • Roles must be advertised according to specific immigration requirements, unless paid twice the median wage (in which case there will be a pathway to residency).
What does this mean for you? Before you hire a migrant worker, you will have to apply for accreditation with INZ. We set out the steps that apply below.
Applications for a Job Check are now open to accredited employers, paying the INZ fee of $610.
If you have employees with existing visas, you do not need to be accredited at this stage, but INZ has indicated it intends to make accreditation compulsory for everyone in 2023.
Step 3: AEWV Application From 4 July 2022, employees can apply for an AEWV to be granted for up to three years. Their employer must hold Employer Accreditation and have an approved Job Check. Employees will need to demonstrate they meet health and character requirements. They may also need to provide evidence of suitable qualifications/experience for the role.
Step 1: Employer Accreditation To hire employees on an AEWV, employers will need to firstly obtain accreditation. The type of accreditation will depend on the business model and number of migrant workers on AEWVs at any one time. INZ has advised that most applications will be assessed based on declarations and automated checks against publicly available information or information held by the Ministry of Business, Innovation and Employment.
Exemptions to the median wage INZ has also announced the new median wage of $27.76 per hour, with some exceptions for construction workers at $25 per hour.
To get accreditation, all employers must: • Be a genuinely operating business in a sound financial position • Have no recent history of regulatory non-compliance • Complete specified activities to support the settlement of migrant employees.
An AEWV holder who has obtained this visa and is paid below the median wage can hold this visa for a period of two years. After the expiration of this visa, the migrant worker is required to complete a 12-month stand-down period outside New Zealand, before they can renew their AEWV and be paid below the median wage.
There are different standards of Accreditation: • Standard (up to five AEWV at any one time – doesn’t include other types of visa holders) • High Volume (six or more AEWV at any one time) • Franchisee – Need to have been operating for at least 12 months as a franchisee – 15% of workforce are New Zealanders • Controlling third parties – Place AEWV holder with a compliant business – Have good monitoring systems in place – History of employing New Zealand staff – 15% of workforce are New Zealanders. At this stage there is no difference in the accreditation requirements between standard and high-volume accreditation, except fees. If an employer has standard accreditation and has used their five job quota spaces, they can apply and pay a fee to upgrade to high-volume accreditation.
The AEWV holder does not have to complete the stand-down period requirement if they can obtain another AEWV for a job paid above the median wage.
How can we help? We can assist employers with planning, preparation and applications for accreditation and to secure AEWV. Contact us to purchase our “AEWV Made Simple Guide” for $250.00 (plus GST), to help get you started. For further advice, give us a call on 0800 354 821 for a free 15-minute consultation. Or visit our website at www.coplandashcroft.co.nz for articles on legal updates and e-resources covering a range of workplace law topics. Kate Ashcroft, Partner, of Copeland Ashcroft Workplace Lawyers. Copeland Ashcroft Workplace Lawyers operate the NZCB Employment helpline and providing specialist advice, representation and support across employment, immigration and health and safety law, to businesses throughout New Zealand. Why us? We know what works, and partner with you to achieve the results you want. www.copelandashcroft.co.nz
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