Accredited Employer Work Visa NZ

What is the Accredited Employer Work Visa?

The Accredited Employer Work Visa (AEWV) is a temporary New Zealand work visa designed to simplify the hiring process for accredited employers seeking skilled foreign workers. Employers must first obtain accreditation from Immigration New Zealand to facilitate this visa.

Upon passing the job check, the prospective employee can apply for the AEWV, providing evidence of their qualifications, work experience, and meeting health and character requirements. This visa not only facilitates the employment of skilled overseas workers but can also offer a pathway to permanent residence in New Zealand, depending on the job and individual circumstances.

2 common pathways to permanent residence include the Work to Residence Visa pathway and the Skilled Migrant Category (SMC) Visa pathway.

Eligibility Criteria for the AEWV

To qualify for the AEWV, applicants must have a job offer from a New Zealand employer accredited by Immigration New Zealand. The role offered must be full-time and meet the market rate and conditions suitable to the skills required.

Applicants should possess relevant qualifications or work experience in line with the position offered, enhancing the legitimacy of their application. Additionally, they must meet health and character requirements, ensuring they are fit to work and unlikely to pose any risk to New Zealand’s societal fabric.

Visa Conditions and Entitlements

Holders of the AEWV are entitled to work only in the job specified in their application. Any changes in employment or employer require a new or varied application. This visa does not automatically grant permanent residency rights, but it can be a pathway to residence after a qualifying period.

Family members may be eligible to accompany the visa holder, but this often requires separate applications, depending on their relationship to the applicant and their meeting of specific criteria. Benefits such as healthcare access might be available depending on the duration and terms of the stay.

Visa Application Process

The application process for the AEWV involves a series of steps starting with securing a job offer from an accredited employer. Once the offer is obtained, the applicant must submit an online application through the Immigration New Zealand system, providing detailed personal information and supporting documents.

Fees are payable at the time of application, and processing times can vary. It is crucial to ensure all documents are accurate and complete to avoid delays. Regular updates on the application status are provided through the immigration platform, and applicants are advised to comply with all requests for additional information promptly.

Accreditation Standards for Employers

Employers seeking to hire international workers through the Accredited Employer Work Visa (AEWV) scheme in New Zealand must adhere to specific accreditation standards. These standards ensure that employers are committed to fair workplace practices and are capable of providing a positive working environment for employees.

Standard and High-Volume Accreditation

Standard Accreditation:

Applies for businesses intending to employ up to 5 migrant workers within a 12-month period. It focuses on ensuring employers have a history of compliance with employment and immigration standards. Commitment to these rules is mandatory, and documentation demonstrating past compliance may include proof of previous tax records and evidence of maintaining legal employment conditions.

High-Volume Accreditation

Applies to employers planning to hire 6 or more migrant workers annually. This requires a more comprehensive evaluation of the employer’s ability to maintain large-scale operations. The criteria involve additional checks on the company’s financial health, a commitment to staff training, and demonstrated competence in employee welfare. Employers also need to submit a detailed workforce plan outlining future staffing needs in alignment with accreditation conditions.

Requirements for Maintaining Accreditation

To continue benefiting from AEWV, employers must meet ongoing obligations. They need to regularly update the authorities on any significant changes within the organisation that might affect their accreditation status. This includes providing accurate employee records and evidence of continued adherence to New Zealand employment laws.

Ongoing engagement in workforce development is required. Employers must demonstrate efforts in upskilling both local and migrant workers. Failure to maintain these standards risks losing accreditation, which can impact the business’s ability to recruit internationally.

Additionally, an employer must implement a robust complaint and mediation process to handle workplace issues. This process should be transparent and accessible, ensuring employees feel supported and heard. Maintaining a healthy workplace culture is critical to fulfilling the standards set by New Zealand’s immigration policies.

Job Check Requirements

The Job Check is a critical component in the Accredited Employer Work Visa process in New Zealand. It ensures that the position offered is genuine and that efforts have been made to hire locals before seeking overseas candidates.

Labour Market Test

The Labour Market Test is designed to verify that there are no suitable New Zealanders available for the job. Employers must advertise the position locally on at least two platforms, such as job websites, newspapers, or social media, for a specified period.

These advertisements should detail the job description, salary range, and location. Additionally, the employer must document responses received, outlining reasons why local applicants, if any, were unsuitable for the position. Any discrepancies during this process may lead to delays or denial of the Job Check approval.

Ensuring Genuine Job Offers

Employers must confirm that the job offer is legitimate and aligns with industry standards. This involves demonstrating that the role exists within a genuine business and is necessary for its operations.

Job offers should be consistent with prevailing market conditions, particularly in terms of wages and employment conditions. Regular audits might be conducted to verify compliance. Contracts should detail the nature of the work, agreed hours, and the duration of the employment. This transparency helps protect both employers and potential employees, ensuring that the visa process is fair and equitable.

Rights and Responsibilities

Employers must uphold legal obligations regarding work conditions and payment, while employees must adhere to the terms of their contracts, including work hours and performance standards.

For Employers

Employers in New Zealand holding an Accredited Employer Work Visa must comply with specific legal requirements. Contractual commitments must be met, ensuring fair wages and working conditions. Legal obligations include providing a safe working environment by adhering to health and safety regulations.

Employers must also ensure that the job offer provided to the visa holder matches the advertised position in terms of job description and salary. Documentation and record-keeping are vital, as employers need to maintain accurate employment records for auditing purposes. An essential responsibility is to ensure that any international employee is aware of their rights in the New Zealand workforce.

For Employees

Employees working under an Accredited Employer Work Visa in New Zealand are expected to adhere to their employment contracts. This includes meeting the job’s expectations, such as work hours, responsibilities, and performance standards. They have the right to receive fair compensation as agreed in their employment terms.

They are entitled to a work environment that meets safety standards and are encouraged to report any issues that may affect their health or safety. Employees must respect workplace policies, maintain their legal status by following immigration rules, and renew their visa as required by the New Zealand immigration law. Maintaining open communication with employers is recommended for a smooth working relationship.