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Visa Types covered:
Visa Types covered:
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For Employers
Compulsory Accreditation for Employers from mid-2022
Since 2022, the immigration system has become much more Employer-led. This is due to the introduction of compulsory Accreditation for all employers looking to hire a migrant who does not already hold a work visa or working rights of some sort.
Since earlier this year, 2024, there has been a bigger focus on Employer Compliance. Employers who get immigration compliance wrong can now be issued an infringement notice and fined, placed on a stand-down list unable to hire migrant workers and can also lose Accreditation.
If you are one of the many businesses that needs to be able to attract and manage overseas talent, getting friendly, proactive immigration advice can make the world of difference to your immigration experience.
Here at Into NZ, as employers ourselves, we know just how much there is to running a business and staying ahead of the curve. We leave no stone unturned to help you source the best talent from around the world and focus on what you do best: your business.
In 2022, the Accredited Employer Work Visa or "AEWV" replaced six visa types including Essential Skills and Talent Work to Residence. If you are looking to hire a migrant who does not already hold a work visa, this is the visa that is needed. There are 3 steps and 2 out of the 3 steps are for the employer to do and pay for.
Step 1: ACCREDITATION.
Accreditation comes in 4 different varieties:
Standard: for those employing up to 1-5 migrants during the life of the Accreditation. The initial duration is 12 months renewable for 24 months.
High Volume: for those employing 6+ migrants during the life of the Accreditation. Again, the initial duration will be 12 months renewable for 24 months.
Triangular/Labour Hire: This is for businesses that wish to place the workers with 3rd party entities and for that the requirements are more stringent.
Franchisees: Note this type of Accreditation was phased out from 8 April 2024 after assessing that Franchises were not proving to be high risk. Therefore a Franchise is now treated like any other business.
Step 2: The "Job Check".
A job check can cover multiple roles provided the roles are all under the same Occupational Code and are within the same region. The following basic principles apply:
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If the role is on the Green List and you want the candidate to meet the list requirements you will not need to advertise the job.
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If the role is paying at least 2 x Median Wage (Currently $59.32 per hour/123,385.60 per annum) for a strictly 40-hour week you will also not need to advertise the job
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For a role paying less than twice the median that is not Green List, you will need to demonstrate for each particular role that you have been advertising on an acceptable platform and with acceptable content and have been unable to find a suitable Kiwis for the job in question. As from 8 April 2024, important changes have been introduced to the Labour Market Test to make it more rigorous. The key changes are:
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For all jobs, regardless of skill level, the definition of "suitable" has been expanded to include someone who is "readily trainable" to do the work on offer. This generally means if the person can be trained on the job in up to 6 months, they will be considered readily trainable.
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For jobs that are classified as ANZSCO Skill Level 4 or 5 regardless of whether paid the median wage, the employer will need to list the job for 21, not 14 days and to also engage with Work and Income for 21 days (Unless WI indicates there is no point listing for that long, as they do not have candidates).
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There are Sector Agreements that allow for less than the median wage but the work visa for a person paid < median wage is 2 years.
If a Job Check is approved you will receive a job token or job tokens (depending on the number of roles you have justified as needing to be filled).
Before offering out a Job Token new rules, again from 8 April, apply requiring you, the Employer, to check if the candidate is suitably qualified for the role and also meets minimum requirements.
The due diligence required in each case will be different and we recommend you seek advice as failure to meet the requirements can result in your Accreditation being revoked.
If you would like advice complete the form below to sign up to receive News for Employers.