Accredited Employer Work Visas for Otago Wineries

Migrant workers in the Otago wine industry

New Zealand’s dairy, meat, forestry, horticulture and viticulture industries have been crying out for more workers to fill skill gaps. The harsh reality is that those in the primary sector, such as our Otago winemakers, cannot find the people they need domestically. 

Like most areas of New Zealand, Otago has severe shortages of skills, and it can be difficult to obtain experienced machinery and tractor drivers for viticulture. New Zealand has had very low unemployment, particularly in the regions, and it has not been easy to persuade people to relocate despite training, career paths and competitive salaries. 

Prior to the pandemic, it was estimated that at least 400 harvest workers were on an Essential Skills visa working in the wine industry in Marlborough alone each year, and that does not necessarily take the international winemakers into account. Unless migrant workers can come back and help, New Zealand’s wine industry will continue to have a seriously depleted workforce. 

If you need assistance with visas for winemakers or viticultural workers in Otago, get in touch. Call IDESI LEGAL on  03 926 9755.  We have the experienced staff with the expertise necessary based in our Dunedin office. They can help.

We can connect right across Otago

Even if we can’t meet face to face, we can still connect and help. IDESI LEGAL uses Microsoft Teams, so we can help you with your visa inquiries wherever you are in Otago. We’ll send you a link, you click on it, and we’ll do the rest.

New Visa regulations for skilled workers

In line with the government’s plan to reduce exploitation of migrants through the payment of low rates of pay and not the actual rate for the job and to ensure migrants are only recruited for genuine jobs, a new visa replacing six other visas, including the Essential Skills Work Visa which has been the immigration path for many of our skilled workers, is being introduced. 

Immigration NZ will assess jobs based on pay rates. 

A new minimum pay threshold, set at the median wage, will be introduced. Anzsco – the classification for judging whether a job is skilled and used for visa decisions – has been removed. It has been far too complex with many inconsistencies in the interpretation by both employers and Immigration case officers.

The Accredited Employer Work Visa [AEWV], touted as a streamlined single visa process, is being launched on July 4, 2022. It is a significant shift from the work visas employers have previously utilised. It is designed to ensure New Zealanders are first in line for jobs, but where genuine skills or labour shortages exist, accredited employers can hire skilled migrants.

Under the new visa, migrant workers must be paid at or above the minimum salary threshold (or equivalent hourly rate) in order to be eligible for a 3-year visa. This will be $27.76 per hour from July 2022. 

Transitioning to an Accredited Employer Work Visa [AEWV].

If you wish to employ migrants who are currently on an Essential Skills, Work to Residence, or Post Study Work visa,

Qualify your winery for this new work visa

Talk to one of our experienced immigration lawyers about pathways to employing migrants in New Zealand. IDESI LEGAL has successfully represented people through all types of visa application processes and the IDESI LEGAL team will be able to help. 

At IDESI LEGAL we provide help for migrants to New Zealand. If you need assistance with visas for viticultural workers in Otago, get in touch.

can help you transition to an Accredited Employer Work Visa [AEWV].

If you’re based anywhere in Otago, call us on  03 926 9755. We specialise in New Zealand immigration law. We have the experienced staff with the expertise necessary based in our Dunedin office. IDESI LEGAL will help you successfully apply for Accredited Employer Work Visa for your migrant staff.

Visas for workers paid the minimum wage

Employers reliant on workers paid below median wage will have to employ Working Holiday Scheme Visa holders, partnership or Post-study Work Visa holders. If you only employ these visa holders, you do not need to become accredited. You cannot employ migrants on 3-year AEWVs 9 Accredited Employer Work Visas) for jobs paying under $27.76 per hour. It’s indicated there may be some exceptions for some industries, possibly Otago’s wine industry, but the expectation is they will be very limited. Call us on  03 926 9755  and we’ll keep you updated.

How does the Accredited Employer Work Visa work?

To hire a migrant worker on an AEWV- even if it is only one – an employer must be accredited and demonstrate their trustworthiness in areas such as labour law compliance, human resources, worker training, benefits, and pay. 

The new visa process is led by the employer who has to then complete a job check before they or their migrant workers can apply for a work visa. 

Steps to hiring a migrant worker 

Step 1. Get accredited

An employer’s accreditation level will depend on how many AEWV holders they want to employ.

In order to get accredited an employer must be a genuine employer who is compliant with NZ’s employment and immigration laws. They are expected to prioritise the training, upskilling and hiring of NZ workers – only employing migrants where there are genuine skill shortages. They are are expected to pay all recruitment costs in and outside of NZ. Employers will be required to provide work-related settlement information within one month of the employee’s start date, including relevant industry training, access to healthcare services, and support.

2. Pass the job check

Employers will need to apply for a job check for each role they want to hire a migrant worker for. From 4 July 2022 the median wage will be $27.76 per hour. Employers intending to apply for a Job Check before and after 4 July 2022 should use this figure. Employers also need to complete a labour market test (LMT) to prove there are no NZ citizens or residents available for the position. Basically, employers will need to advertise their vacancies for a minimum of 2 weeks on a national job listing website or other advertising channel likely to attract suitable New Zealanders. The advertisement will need to show terms and conditions including the pay rate, the minimum guaranteed hours of work and location.

A labour market test is not required if the job is very highly paid: $104,000 or 200 per cent above the new median wage.

3. Migrant worker’s visa (AEWV) application – Migrant check

Employers can then invite migrant workers to apply for a visa to work in that specific job. Once the worker’s visa is approved, they are able to be employed. Call us on 03 926 9755 and we can help you with this process.

Key AEWV dates

  • 23 May 2022 – applications for Accreditation Check open
  • 20 June 2022 – applications for Job Check open
  • 3rd July 2022 – Essential Skills Work Visa phases out
  • 4 July 2022 – migrants can apply for an AEWV, where the employer is accredited, and a job check has been completed.

Accreditation will be open soon 

Although employer accreditation doesn’t become compulsory until 4 July 2022, employers can apply for accreditation and job checks in May. We do not underestimate the work involved in gaining accreditation. We strongly recommend that employers start preparing to do so sooner rather than later. 

Don’t delay. Our immigration team can help through the entire process. If you can’t make it to our Dunedin office to see us personally, we can connect with you online and work with you using video calls. Call IDESI LEGAL on 03 926 9755 to set up a meeting. We specialise in New Zealand immigration law.

Accreditation will not just be a box-ticking exercise 

For an application to be successful, employers will need to prove they actively comply with current employment standards and good workplace practices regarding health and safety and fair treatment. INZ will be looking closely at what HR and training policies have looked like over time, so simply creating policies and supporting documents and presenting them as current won’t be accepted at face value. Expect some scrutiny.

Employers who intend to support six or more migrant workers on the Accredited Employer Work Visa at any one time must apply for High-Volume Employer Accreditation. Like Standard Employer Accreditation (for employers who intend to support up to five migrant workers), High-Volume Employer Accreditation will need to pay at or above the median wage. 

Qualify your winery for this new work visa

Talk to one of our experienced immigration lawyers about pathways to employing migrants in New Zealand. IDESI LEGAL has successfully represented people through all types of visa application processes and the IDESI LEGAL team will be able to help. 

At IDESI LEGAL we provide help for migrants to New Zealand. If you need assistance with visas for viticultural workers in Otago, get in touch.

Call 03 926 9755 for expert visa application support.

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