INZ announces new information about the new Accredited Employer Work Visa regime

On Friday 7th May 2021, Immigration New Zealand announced further information about its upcoming “Accredited Employer Work Visa” (AEWV), which replaces the Essential Skills Work Visa and other key employer assisted work visas. From 1st November 2021, all NZ employers wishing to support a migrant worker for an AEWV (including an existing migrant worker for a further visa) must be accredited with INZ.

INZ has provided the following information on its website about the new AEWV regime.

 What is the new Accredited Employer Work Visa regime?

The new Accredited Employer Work Visa (AEWV) application process will be employer led. Before hiring a migrant on the AEWV employers will need to:

• apply for accreditation under the new system

• apply for a job check to make sure the role they want to fill cannot be done by New Zealanders, and

• request a migrant worker to apply for a visa.

The migrant will need to meet the skills and experience stipulated as part of the job check. The AEWV replaces these 6 work visas:

•  Essential Skills Work Visa

• Essential Skills Work Visa — approved in principle

• Talent (Accredited Employer) Work Visa

• Long Term Skill Shortage List Work Visa

• Silver Fern Job Search Visa (closed 7 October 2019)

• Silver Fern Practical Experience Visa.

The system will introduce 3 checks before an employer can hire a migrant worker. These checks are:

• the employer check — employers need accreditation to pass this

• the job check

• the migrant worker check.

Employer Check

The employer check will replace 3 current employer schemes:

• approval in principle (AIP) before an employer hires workers on an Essential Skills Work Visa

• Accreditation as a Talent Accredited Employer, and

• Labour Hire employers' accreditation for essential skills work visas.

To pass the employer check you need accreditation in the new system. Only accredited employers can hire a migrant worker on the AEWV. The new accreditation levels are:

• standard accreditation — for employers who want to have up to 5 migrant workers on AEWVs at any one time

• high-volume accreditation — for employers who want to have 6 or more migrant workers on AEWVs at any one time.

Franchisees and employers wanting to place migrants on AEWVs with third parties (including labour hire companies) will need to meet additional criteria to get accredited.

 Job Check

The job check will confirm the job pays the market rate, the terms and conditions comply with NZ’s employment laws, and you have done a labour market test if you need to. A labour market test shows you have genuinely advertised the role to New Zealanders and there are no New Zealanders available to do the job. For jobs paying below the median wage, the labour market test includes checking with the Ministry of Social Development. Jobs paying 200 % of the median wage do not need a labour market test. Jobs paying at, or above, the median wage in regions also do not need a labour market test. In cities, jobs that are on a skills shortage list and pay at, or above, the median wage don’t need a labour market test.

 You can only hire a migrant worker if the job check is passed. Employers pay for a job check.

 More information on the specific advertising requirements, jobseeker engagement and confirmation of the different region and city settings will be available in June or July 2021.

 Some industries hire large numbers of migrant workers — sector agreements may be negotiated with them. Agreements will include a workforce plan and conditions on recruiting a temporary migrant worker for specific occupations in the sector.

Further information on fees will be announced when they are finalised later in 2021.

AEWV migrant worker check

The migrant worker check is where the migrant worker applies for a visa. It is the last step in the AEWV process. The migrant worker must show they meet INZ’s character, identity and health requirements, and meet the skills and experience stipulated as part of the employer’s job check application. Migrant workers or employers pay for this check.
Further information on fees will be announced when they are finalised later in 2021.

When to apply for accreditation

• Employers will be able to apply for accreditation from late September, ahead of the 1 November 2021 introduction date.

• Employers accredited under the current system will need to apply and meet the policy requirements of the new accreditation system.

• Employers only need to be accredited under the new system when they want to start hiring migrants on AEWVs.

• Employers don’t need to be accredited in the new system by 1 November 2021 if they do not plan to start hiring migrants on AEWVs at this time.

• Employers who want to start hiring migrants on AEWVs soon after 1 November 2021 should consider applying during the pre-accreditation period.

Businesses employing migrants who hold a current talent or essential skill visa don’t need to become accredited until they want to hire someone on the new visa.

Transitioning to the new accreditation system

The following employer policies are closing to new and renewing applications on 30 June 2021:

• Accredited Employer (Talent – Accredited Employer)

• Labour Hire Accreditation (Essential Skills)

• Approval in Principle (Essential Skills) – this does not include approval in principle for other policies including AIP for foreign crew of fishing vessels.

If employers want to be able to use these statuses up to 1 November 2021, they should apply by 30 June 2021 and consider the processing timeframes.

Employers who don’t apply for these statuses by 30 June 2021 July will still be able to support work visa applications under the Essential Skills work visa category up until 31 October 2021.

How long it takes to process a visa application

Employers who only want to hire migrants using the new AEWV should wait and apply under the new accreditation system. Employers accredited under the current system must apply and meet the policy requirements of the new accreditation system.

In between the existing Labour Hire Accreditation closing and the new accreditation policy being implemented, Labour Hire Accreditation will not be mandatory for labour hire employers supporting Essential Skills Work Visas for jobs in the construction industry in the Canterbury region.

INZ will be providing further updated via its website: Employer leads visa application process | Immigration New Zealand