Changes to the Accredited Employer Work Visa

The Minister of Immigration has announced changes to the Accredited Employer Work Visa. We have summarised the changes below, but will be holding a seminar on the changes at 12.30pm, Tuesday 23 April 2024 at 1 Rimu Street – should you be unable to attend the seminar in person, you can join via Microsoft Teams. Please email migrant@parryfield.com to RSVP. A Q&A session will be part of our seminar.

Accredited Employer Work Visa

For ANZSCO level 4 and 5 jobs not on the Green List and not being paid 1.5 times the AEWV wage rate (currently the February median wage rate) –

• The maximum visa length for an AEWV is 2 (previously 5) years; and
• The total time a migrant worker (in an ANZSCO level 4 and 5 jobs) can stay on one or more AEWVs is 3 (previously 5) years.

For ANZSCO level 4 and 5 jobs, the applicant must meet the minimum standard of English (see below).

For jobs not on the Green List and not being paid 2 times the AEWV wage rate, the applicant must have –

• At least 3 years’ relevant work experience; or
• A relevant qualification at level 4 or above on the New Zealand Qualifications and Credentials Framework (NZQCF), and an International Qualification Assessment (IQA) if it is below Bachelor’s degree level.

English Language

To meet the minimum standard of English, the applicant must provide acceptable English language test results no more than two years old at the time the application is lodged.

Other evidence that an applicant meets the minimum standard of English is –

• Citizenship of Canada, the Republic of Ireland, the United Kingdom or the United States of America, provided the applicant has spent at least five years in work or education in one or more of those countries or Australia or New Zealand; or
• A qualification comparable to a New Zealand level 7 bachelor’s degree and gained in Australia, Canada, New Zealand, the Republic of Ireland, the United Kingdom or the United States of America as a result of study undertaken for at least two academic years in one or more of those countries; or
• A qualification comparable to a New Zealand qualification at level 8 or above and gained in Australia, Canada, New Zealand, the Republic of Ireland, the United Kingdom or the United States of America as a result of study undertaken for at least one academic year in one or more of those countries.

Job Check

For ANZSCO level 4 and 5 jobs, you must –

• Advertise the role for 21 (previously 14) calendar days on a general national job listing website;
• List the role with Work and Income for 21 calendar days; and
• Declare in the Job Check why any New Zealanders who applied were not hired.

Employer Accreditation

As a reminder –

• Before a migrant can begin working for you, you must check that their visa gives them the right to work for you in New Zealand. You can do so by having the migrant show you a document as evidence of their right to work for you in New Zealand (for example, their valid New Zealand work visa, New Zealand residence class visa etc.) or by using VisaView. You must document the expiry date of your migrant workers’ visas and remind them about their visa expiry dates.
• You must provide your migrant workers with information about the local community and services and employee work-related matters within one month of employment.
• You must provide your migrant workers with sufficient time during paid work hours to complete Employment Learning Modules within one month of employment, and everyone who makes recruitment decisions must complete Employment Learning Modules once every accreditation period.
• You must employ your migrant workers for at least 30 hours per week.

There are new Employer Accreditation obligations –

1. You must advise Immigration New Zealand within 10 days if one of your migrant workers stops working for you. You do not need to let Immigration New Zealand know about migrant workers that leave within a month of their visa
2. You must take reasonable steps to ensure that the migrant worker you are hiring –
   1. meets the minimum skills threshold; and
   2. is suitably qualified by work experience or qualifications to do the job offered.

Employers being actively investigated for any breach of Employer Accreditation may have their accreditation suspended for up to 3 months or until there is an outcome of the investigation. Previously, Employer Accreditation could only be suspended for breaches of some Employer Accreditation requirements.

Employer Accreditation can be revoked where –

• An employer has not provided information and/or documentation which has been requested by Immigration New Zealand within 10 working days without reasonable justification; or
• An employer refused Immigration New Zealand entry to conduct a site visit without reasonable justification; or
• Immigration New Zealand is not satisfied that an employer has continued to meet the Employer Accreditation requirements.

Please note that this article not a substitute for legal advice and you should contact your lawyer about your specific situation. Please contact us by email immigration@parryfield.com or by phone 03 348 8480, if you have any questions.