How to fill critical staff shortages

Shi Sheng (Shoosh) Cai and Vienna Tse, immigration lawyers at Cavell Leitch Lawyers, provide tips and information to help employers use the New Zealand immigration system to fill critical staff shortages.

The international labour market is a competitive space that some New Zealand employers successfully navigate, but not all. More employers will likely need to tap into the global labour market to fill critical staff shortages.

Accredited employer work visa

For most local roles, employers will support workers for an Accredited Employer Work Visa (AEWV). As a brief introduction to the AEWV category, an employer must have approved accreditation status and a Job Check application before they can support a worker for an AEWV. Processing times are relatively quick and average between two to four weeks. AEWV holders will be able to support their partner or spouse for a Partnership Work Visa and their children for temporary visas. Unless a worker submits a Job Change application or obtains a further visa, the worker will be tied to working for the employer.

Currently, the validity of an AEWV will depend on whether an employee is paid at or above the median wage rate (these workers will get a three-year AEWV) or if they work in a role that has a median wage rate exemption (these workers will get an AEWV with two years of validity or less).

Here are tips for employers to bear in mind when using the wider Accredited Employer system.

Job Check applications should be carefully planned. This means that:

• if an employer holds High Volume accreditation, we recommend applying for additional tokens. This covers scenarios where a worker leaves after their AEWV is approved and a new worker needs to be supported

• pay bands should have a minimum and maximum pay band that is wide enough to support any fluctuations in pay rate during a recruitment period

• roles that share the same location, job description and role title should be bundled within one Job Check application

• any requirements for roles should be genuine but wide enough to ensure that workers can demonstrate they are suitably qualified for the role.

Immigration New Zealand (INZ) will be completing checks to ensure that employers comply with accreditation requirements. This includes checking that employers are:

• ensuring workers are paid at least the rate that is set out on an AEWV for all hours worked

• providing settlement information to AEWV team members within one month of the AEWV holder commencing employment

• providing AEWV holders paid time to complete Employment New Zealand modules

• ensuring INZ is kept up to date on changes to business structure and other considerations, such as changes to key people.

The consequences for employers who are found in breach will range from requirements to improve their compliance systems and standdown periods barring employers from supporting migrant workers for visas, to fines of up to $100,000 per breach and jail time of up to seven years if it is identified that migrant workers are being exploited. We recommend completing regular audits to ensure breaches do not occur and that any breaches are disclosed and addressed properly.

Working holiday visa

Workers from countries that have a Working Holiday Scheme with New Zealand and who meet the requirements under the scheme can apply for Working Holiday Visas (WHVs) to work here. Recently, INZ announced that British Nationals will be eligible for a three-year WHV allowing workers to work for any New Zealand employer for three years.

It is essential to understand the ins and outs of WHVs, because requirements can vary between schemes. For example, British Nationals will have no restrictions on work; however, WHV holders from Chile cannot work for the same employer for a period exceeding six months. General requirements also apply to most WHVs, including a condition that does not allow WHV holders to work in permanent employment.

Other categories

Specific Purpose Work visas allow multi-national companies or significant employers here to support senior managers, executives or specialist personnel for fixed-term assignment work in New Zealand.

Straight to Residence applications can be used to attract talent to our shores. Resident visas can provide talent with security about settlement in New Zealand. When assisting employees with Straight to Residence applications, it is important to note that processing times for workers from countries that require a National Security Check can vary and take over 10–12 months to process, which can delay a recruitment campaign.

Shoosh Cai is a Senior Associate in the immigration team at Cavell Leitch. He has a wide range of experience delivering immigration solutions to corporate and individual clients across all immigration categories. He uses a collaborative and effective approach when tackling the most difficult immigration matters, to ensure that clients understand what is happening and are involved at each stage of their immigration matter. Shoosh is able to communicate with clients in English and Mandarin.

Vienna Tse is an Associate in the immigration team at Cavell Leitch. She specialises in immigration law and has a sound working knowledge of immigration law, regulations and policies. She excels at understanding her clients’ needs and developing practical immigration strategies. In particular, she understands that immigration matters can be confusing, stressful and scary; therefore, she listens to people’s needs, simplifies the process and delivers pragmatic advice. Vienna is able to communicate in English, Mandarin and Cantonese.