Accredited Employer Work Visas
for Otago Wineries

AEWV – Visas for Migrant workers in the Otago wine industry

In line with the government’s plan to reduce the exploitation of migrants through the payment of low rates of pay. Generally not the genuine rate for the job and to ensure migrants are only recruited for genuine jobs, a new visa replacement is being introduced. 

The accredited employer work visa [AEWV] is touted as a streamlined single visa process. It is being launched on July 4, 2022, and is a significant shift from the work visas employers have previously utilised. It will replace six other visas, including the Essential Skills Work Visa which has been the immigration path for many of our skilled workers. 

The AEWV is designed to ensure New Zealanders are first in line for jobs, but where genuine skill or labour shortages exist, accredited employers can hire skilled migrants.

IDESI LEGAL can assist you. The team of immigration lawyers at IDESI LEGAL has the training and experience to help with all types of New Zealand residency visa applications. Call us on 03 926 9755.

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Finding skilled workers to keep the wine flowing

New Zealand’s wine industry has found it very difficult to find workers to fill skill gaps. Many in the primary sector, such as our Otago winemakers, cannot find the people they need domestically. Like most areas of New Zealand, Otago wineries and those in the wine industry have found it difficult to obtain experienced machinery and tractor drivers for viticulture and experienced skilled winemakers.  

This is possibly due to New Zealand’s relatively low unemployment, particularly in the regions, and it has not been easy to persuade people to relocate despite training, career paths, and competitive salaries. 

Helping the Otago wine industry

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.

Prior to the pandemic, it was estimated that at least 400 harvest workers were on an Essential Skills visa each year in Marlborough alone. And unless migrant workers can come back and help, New Zealand’s wine industry will continue to have a seriously depleted workforce.

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

Immigration NZ will now assess jobs based on pay rates. A new minimum pay threshold, set at the median wage, will be introduced. The median wage will increase from $27.00 to $27.76 an hour on 4 July 2022, in line with when the AEWV opens to applications.

Migrants offered less than $27.76 per hour will not be granted an AEWV, and no work visa pathway for such lower-paid migrants will exist from 4 July 2022, unless INZ announces exceptions to that rule.

Current work visas are out by 3 July

As an employer, if you have staff who have visas expiring in 2022 that you wish to retain, you can lodge applications for them under the current work visa rules by 3 July 2022 at the latest. They will be granted visas for two more years. Once the new work visa laws are in place, employees will need to be paid, at a minimum, whatever the median wage rate is.

Under the new work visa system, Immigration New Zealand (INZ) does not want to issue work visas to anyone paid below $27.76 per hour. If a role is paid under median wage, then getting work visas will be a thing of the past.

Employers reliant on workers paid below that level will have to employ Working Holiday Scheme Visa holders or Post-study Work Visa holders. It’s indicated there may be some exceptions for some industries, possibly Otago’s wine industry. The expectation is they will be very limited. Call us on 03 926 9755, and we’ll keep you updated.

Also, employers who only hire migrants on visas with open work rights. Including partnership, working holiday visas and students with work rights – do not need to be become accredited.

The new visa process is led by the employer

Under the new visa, migrant workers must be paid at or above the minimum salary threshold (or an equivalent hourly rate) in order to be eligible for a 3-year visa. Migrants starting with their employer on or after that date must be paid $27.76ph in order to be approved for an AEWV.

To hire a migrant worker on an AEWV- even if it is only one – an employer must be accredited by the New Zealand government. 

Under the new system, accreditation of the employer will be followed by a job check to confirm the job pays the market rate and complies with employment laws. Migrant workers on an AEWV can only be employed for a job if it has passed the job check and the employer has completed a labour market test (LMT). Proving there are no NZ citizens or residents available for the position. However, employers do not need to advertise their vacancies if the role is paid at least twice the median wage.

Migrant workers can then apply for a work visa. INZ will check to see if the migrant worker meets all requirements of the new work visa, including skills and experience for the job. Character, health and bonafide requirements will be as they are currently. Only once the worker’s visa is approved can they be hired. Call us on 03 926 9755, and IDESI LEGAL can help you with this process.

Accreditation is not just a box-ticking exercise 

From July 2022, companies wanting to recruit migrants will have to be accredited, proving they are compliant, genuine businesses that allow staff to learn about their work rights. These new work visa rules are being put in place to reduce the risk of employers exploiting migrant workers and ensure that employers comply with specific employment and immigration standards.

Employers are expected to prioritise the training, upskilling and hiring of NZ workers, only employing migrants where there are genuine skill shortages. 

INZ are looking for a history of compliant behaviour and a record of results, so the longer you have your policies in place, the better. 

Our immigration team can support you 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 us on 03 926 9755 to set up a meeting. We specialise in New Zealand immigration law. We will guide you to successfully apply for Accredited Employer Work Visa for your migrant staff.

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 available now 

Employers can apply for accreditation and job checks in May, although employer accreditation isn’t compulsory until 4 July 2022. We do not think employers should underestimate the work involved. We strongly recommend that employers start preparing sooner rather than later if they want to support migrant workers on Accredited Employer Work Visas. 

Businesses seeking accreditation need to demonstrate they actively comply with current employment standards. Good workplace practices regarding health and safety, training and fair treatment and are up to date with labour law. Such as the 2020 Privacy Act and Parental Leave Scheme and Domestic Violence Leave.

Immigration New Zealand is assuring our accreditation will be a simple process and that they will work to process applications quickly. However, we shall see.

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.