Guide for New Zealand Employers: Post-Accreditation Checks for the AEWV
Are you an employer in New Zealand seeking skilled migrants to fill job vacancies and drive your business forward?
If you can’t find suitable local candidates for a role, the Accredited Employer Work Visa (AEWV) offers a solution by allowing migrants to fill the positions.
Understanding the AEWV:
The AEWV, introduced in July 2022, serves as the primary temporary work visa in New Zealand. It replaces six other visas and caters to the changing global labour market. It enables businesses to access the skills they need while ensuring migrant workers receive the same employment protections as locals. An individual can work in New Zealand for up to three years (soon to be five years) with sponsorship from an accredited employer. Employers must demonstrate that their business is viable and compliant with immigration and employment laws.
Pathway to residency:
Certain occupations on the Green List are eligible for a pathway to residency immediately or after two years of work in New Zealand under the new AEWV.
Considerations for job advertising:
When advertising a job, employers must meet specific requirements, such as the duration of the advertisement, necessary qualifications, and experience. Additionally, paying migrant employees the median wage or higher for the role is essential.
Be prepared for post-accreditation checks:
Since April 2023, the Ministry of Business, Innovation, and Employment (MBIE) has conducted post-accreditation checks to monitor compliance with AEWV rules. Any accredited business may be audited at any time. These post-accreditation checks verify the accuracy of information provided during the application process and confirm the employer’s responsibility as a migrant employer. Failure to comply could lead to the revocation of accreditation.
Maintaining accurate and comprehensive records is crucial to ensure a smooth audit process. The range of information that MBIE may request includes financial statements, evidence of PAYE payments to migrant employees, logs of hours worked by migrant workers, and information about key business personnel and their roles.
Post-accreditation checks: common pitfalls to avoid:
- Not paying migrants the required hourly rate can lead to loss of accreditation and costly claims against the business.
- Median wage increases have impacted certain sectors, such as construction, infrastructure, meat processing, onshore seafood processing, and seasonal snow and adventure tourism. Employers should consider these changes in their hiring processes.
Seek expert advice:
Navigating the AEWV process can be complex, and mistakes can have significant consequences. IDESI LEGAL offers expert guidance and support to simplify the process of employing migrants in New Zealand. Our range of services ensures your business is well-prepared and compliant with all requirements.
Re-evaluate the need for accreditation:
If you haven’t considered gaining accreditation, now is an opportune time to re-evaluate. AEWV employer accreditation enhances your ability to attract skilled migrants and expand business operations. Seeking expert advice beforehand will help ensure your organisation meets the required standards, saving you time, effort, and unnecessary fees.
At IDESI LEGAL, we will assist you at every step of the AEWV process, allowing you to focus on your business. Contact us today for guidance and support. If you can’t make it to our Wellington office to see us personally, we can connect with you online and work with you using video calls. Call us on 04 461 6018 to set up a meeting. We’ll be happy to answer any questions you may have. We will provide you with the guidance and support you need to make the process as smooth and stress-free as possible and successfully welcome migrant staff to your business. Talk to one of our experienced immigration lawyers. IDESI LEGAL has successfully represented NZ migrants and employers through all types of visa application processes. The IDESI LEGAL team will be able to help.