In this article we answer questions related to the recent changes to the Accredited Employer Work Visas scheme.
Our business has some migrant employees, but we don’t intend to recruit any more. Should we bother to get/renew accreditation?
If you are intending to retain those workers long-term, then it is likely that the business should get accreditation or renew its existing accreditation. There is a good chance that the employees will not be able to renew their visas or obtain residence, if the business is not accredited. Therefore, the employees may look for employment with another accredited employer, to enable them to stay in New Zealand.
One of the accreditation obligations is completing the employer modules on the Employer New Zealand website. Who needs to complete these?
Everyone who makes recruitment decisions about Accredited Employer Work Visa (AEWV) holders must complete the modules once during each accreditation period. This does not extend to people who might make recruitment decisions but to people who do make recruitment decisions about AEWV holders.
Do we only need to provide the settlement information to AEWV holders who are new to New Zealand? Or, do we also need to provide the information to existing staff who move from another type of visa to an AEWV?
Your business must provide all new AEWV holders with the settlement information and offer them employee paid time, during the first month of their employment. This is even if the employee has been in New Zealand for a long-time on a different type of visa.
What employment law modules must be completed?
A person making recruitment decisions about AEWV holders must complete the eight employer modules.
An AEWV holder must be given paid time during the first month of their employment to complete eight employee modules.
Both sets of modules can be found at Employment NZ (elearning.ac.nz)
When should my business submit its application to renew its accreditation?
INZ is now advising employers to submit their accreditation renewal applications at least six weeks before their current accreditation will expire.
How do we prove that our AEWV holders were, within the first month of employment, offered paid time to complete the online employment law modules, and were also given settlement information?
We recommend providing for both of these in the employment agreement, through the offer of employment letter, or by way of a documented induction process.
The settlement support information must include the following information about the location community and services and employee work-related matters:
- Accommodation options;
- Transportation options (including driver and driver licence information and public transport options)
- The cost of living in New Zealand;
- How to access healthcare
- Citizens Advice Bureau
- Relevant community groups
- How to obtain an IRD number
- Any industry training and qualification information and options
- Specific job or industry hazards.
What checks does my business have to undertake before giving a migrant a Job Check approval (a Job Check token)?
Your business must take reasonable steps to ensure that the migrant has at least three years of relevant work experience, or at least a qualification that has been assessed by the New Zealand Qualifications Authority as being at least at Level 4.
Your business must also take reasonable steps to ensure that the applicant is suitably qualified for the position, which means sighting qualifications/evidence of work experience, undertaking a job interview/requiring a practical test.
For certain positions, which match with jobs that are at Level 4 or 5 on the Australian and New Zealand Standard Classification of Occupations, available at ANZSCO version 1.3, we also recommend checking that the employee will meet the minimum English language requirements. They will need to prove this as part of their AEWV application, so it pays to know whether they can before your business gives them the Job Check token.
Does my business have to advise INZ when one of my AEWV holders’ leaves?
If your business obtained or renewed accreditation on or after 7 April 2024, it must advise INZ if an AEWV holder leaves its employment with more than a month of the visa remaining. This can be done by sending an email to AEWV Employer Declarations.
If you wish to discuss any accreditation issues please contact Nicola Tiffen or Nicky Robertson. They help employers with:
- Initial accreditation applications
- Subsequent renewal applications
- Successfully utilising accreditation to recruit migrants, whilst meeting accreditation obligations
- And more – depending on your unique circumstances
Disclaimer: The content of this article is general in nature and not intended as a substitute for specific professional advice on any matter and should not be relied upon for that purpose.
