New Mandatory Employer Accreditation Requirements: What you need to know about employing Migrant workers

5 August, 2022 | Carolyn Ranson

From 4 July 2022, any employer in NZ employing a migrant (either in NZ or currently overseas) must successfully complete a mandatory accreditation process and obtain an Accredited Employer Work Visa (AEWV). This replaces 6 previous temporary work visas.

These new requirements are designed to streamline the process and ensure that qualifying employers are running viable businesses, that they are not exploiting migrants and that they are meeting all immigration and employment law requirements.

Does your business qualify?

In order to be able to apply for the AEWV, the employer must show that the business is viable.  This has been determined as meeting the following requirements:

  • You have not made a loss in the previous 2 years
  • You have enjoyed a positive monthly cashflow for the previous 6 months
  • You have enough capital/external investment to maintain a viable business
  • You have comprehensive 2-year plan to ensure your business remains viable

In addition, the business must be compliant with employment and immigration law and none of the key people in your business can be on the labour inspectorate ‘stand-down’ or’ permanently banned’ lists

Fees

A AEWV fee applies which is dependent on factors such as the number of migrants you employ at any one time and whether the business is a franchise etc. The fees range between $240 (for reconsideration of an application) to $3,870 if the business is a controlling 3rd party.

What does your business need to apply?

The business will need:

  • An IRD number
  • An NZBN
  • Details of its key people including passport numbers, full names and dates of birth

What else do we need to know?

The business must:

  • ensure the information in its application/declaration is accurate
  • must meet all hiring costs (rather than the migrant)
  • keep good records as evidence that it is complying with all its obligations
  • inform Immigration NZ if there are any changes in the business
  • ensure and declare that the job cannot be performed by a New Zealander

The AEWV is valid for 12 months. There will be a renewal process.

We can appreciate the pressure placed on employers, particularly those who have never been accredited or dealt with the intricacies of Immigration New Zealand. If you need assistance understanding these new obligations, contact Employment Law expert, Carolyn Ranson by phone 09 837 6830 or email carolyn.ranson@smithpartners.co.nz to set up an appointment.

Do you need assistance understanding your obligations under the New Employment Accreditation requirements?
Contact Employment Law expert, Carolyn Ranson to set up an appointment for further advice.

email Carolyn
+64 9 837 6891

About the author

An experienced employment, estate litigation and elder law lawyer, Carolyn completed her law degree at City University, London in 1996. She was in house legal counsel for a large retirement village operator, before entering private practice in 2000. She joined
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