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Immigration New Zealand has provided an option for employers to become accredited.  This means that the process for employers to hire skilled migrants to carry out work in New Zealand becomes easier, as they have met the specific requirements set by Immigration New Zealand to prove that business or organization is of a high standard.

One of the requirements in becoming an accredited employer is that they must prove that their business or organization is sustainable and that the employer has a real and genuine need to hire skilled migrants to carry out the work. 

Other requirements include:

  • Ensuring the employer maintains a sound financial position for the business or organization
  • Maintaining proper standards of human resource practices, through the implementation of health and safety policies and effective processes by which to work through
  • Have in place good workplace practices by complying with New Zealand employment law and immigration law and liaising with the relevant unions and employee representatives in order to get feedback and address concerns
  • Show a committed effort on behalf of the employer to train staff, ensuring that genuine attempts are made at hiring New Zealanders for vacant roles and also engaging with the relevant Industry Training Organisations (ITOs)

Once you have successfully achieved the requirements for becoming an accredited employer, your accreditation will be valid for 12 months initially then once it is renewed it will last 24 months.

The NEW 3-CHECK VISA application process – Effective from 01 November 2021

Immigration New Zealand on 07 May 2021 announced following clarity on the 3-check
visa process to be carried out under Accredited Employer Work Visa (AEWV).

Step 1: Employer Check

The employer check will replace 3 current employer schemes i.e.

  • Approval in principle before an employer hires a worker on essential skills to work visa
  • Accreditation as a Talent Accredited Employer, and
  • Labour Hire employers’ accreditation for essential skills work visa

If the employers want to use the above-mentioned statuses up to 01 November 2021, they should apply by 30 June 2021 and consider the processing timeframes.

From 01 November 2021, the employer is required to be accredited under the new system and meet the policy requirements if they are willing to hire a migrant worker on AEWV.

Employers will be able to apply for accreditation from late September. They only need to be accredited under the new system when they want to start hiring migrant under AEWV.

Employers who don’t apply for these statuses by 30 June 2021 will still be able to support work visa applications under the Essential Skills work visa category up until 31 October 2021.

The NEW accreditation levels are:

  • Standard accreditation – for the employer who wants to employ up to 5 migrant workers on AEWVs at any one time
  • High-volume accreditation – for the employer who wants to employ 6 or more
    migrant workers on AEWVs at any one time

This accreditation will be initially granted for 12 month period and then for 24 month period.

Franchisees and employers wanting to place migrant on AEWVs with third parties
(including labour-hire companies) will need to meet additional criteria to get accredited.

Accreditation to these categories of employers will initially be granted for 12 month period and again for 12 month period.

Step 2: Job Check

This step will check if the migrant worker are:

  • paid the market rate, AND
  • the terms and conditions of the employment comply with New Zealand employment laws, AND
  • a labour market test is conducted, if required. The labour market test will confirm that the employer had conducted a genuine advertisement and there are no New Zealander available for the offered position. The jobs paid under the national median wage rate will additionally require a Skill Match Report from the Ministry of Social Development.

Additionally, if the migrant is:

  • offered 200% of the national median wage rate, then they do not require labour market test, or
  • offered job at or above the national median wage rate in the specified regions will not require labour market test, or
  • offered job is in a city (i.e. Auckland, Wellington, Christchurch, Hamilton or Dunedin) that is on the skills shortage list and pays at or above the national median wage rate will not require labour market test

Please note, the employer has to pay for the labour market test.

Further, INZ has planned to introduce sector agreements for a range of industries that employ migrant workers. However, there have been delays in introducing them due to the COVID-19 pandemic.

Step 3: Migrant Worker Check

It is the last step of the AEWV process. The migrant worker must show they meet INZ’s character, identity, health requirements and also meet the skills and experience stipulated as part of the employer’s job check.
The migrant worker or the employer can pay for this process.

P O Box 14157 | Hamilton 3252 | P 07 855 2663| M 021 059 0050 | E rahul@sharmalaw.co.nz
The new visa will still have the name of the employer, position employed, and place of work mentioned on the visa.
Please note, the following work visas will NOT be impacted by the changes:

  • Recognized Seasonal Employer (RSE) Scheme
  • Working Holiday Visa
  • Post-Study Work Visa
  • Fishing Crew Work Visa
  • Religious Worker Work Visa
  • Specific Purpose Work Visa
  • Partnership Work Visa including Partner of a Worker Work Visa, Partner of a New Zealander Work Visa, and Partner of a Student Work Visa
  • Work Visas granted for International or humanitarian reasons, such as the domestic staff of diplomats, consular and official staff, and refugee or protection status claimants

Please note, Immigration New Zealand is still outlining the application fee and processing time for the newly introduced visa applications. The detail of the same has not been made available by Immigration New Zealand yet.

We will update you as soon as we hear from Immigration New Zealand.

If you have any further questions or require any clarifications regarding your visa conditions, please do not hesitate to contact us. We are available to answer your queries via email or text during normal office hours. You can also contact us on WhatsApp at +64 7855 2663.

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