Employer accreditation

To employ migrant workers under the Accredited Employer Work Visa (AEWV), employers must satisfy minimum standard requirements along with additional commitments that vary based on the level and type of accreditation.

The accreditation must be held by the direct employer identified in the migrant worker's employment agreement.

Standard and High-Volume Accreditation

• Standard Accreditation: Allows the employment of up to 5 migrant workers on AEWVs at any one time.

• High-Volume Accreditation: Permits the employment of 6 or more migrant workers on AEWVs concurrently. Employers with triangular employment arrangements are also eligible for High Volume accreditation.

Job Quota

For those with standard accreditation, a job quota of up to 5 positions is applicable. Each quota space is utilized upon the approval of a Job Check (step 2). A job quota space becomes available again only if:

• The migrant's visa expires or is cancelled.

• The migrant is granted a variation of conditions to work for a different employer.

• The Job Check expires or is cancelled without a visa being issued.

(Note: Even if a worker leaves their job, they still count towards the job quota until their AEWV expires or is switched to another visa type, which the employer cannot control.)

Employers holding standard accreditation must upgrade to high-volume accreditation if they intend to hire more than 5 migrant workers.

Criteria and Commitments for All Accreditation Applications

Employers seeking any form of accreditation must:

• Possess a New Zealand Business Number (NZBN).

• Operate genuinely as a business.

• Be registered as an employer with the Inland Revenue Department (IRD).

• Maintain a sound financial position, which requires:

  • Profitability for the past 24 months (before depreciation and tax), or

  • Positive cash flow for the last 6 months, or

  • Sufficient capital and/or external investment or funding, or

  • A viable business plan.

Businesses operating for less than 12 months must demonstrate sound financial health. Most other employers won’t need to provide upfront evidence but will need to make relevant declarations.

There should be no recent history of regulatory non-compliance, and declarations confirming this will be required from the business and its key office holders. Employers must notify INZ within 10 working days if a migrant worker with an AEWV leaves their employment.

Commitment to Enhanced Settlement Outcomes

Employers must provide migrant workers with work-related settlement information, which includes guidance on:

• Obtaining an IRD number

• Job-specific hazards

• Accommodation and transport options

• Cost of living

• Accessing healthcare services

• Citizens Advice Bureau services

• Relevant community groups (e.g., religious or migrant organisations)

Employers must allow migrant workers time during paid work hours to complete Employment New Zealand's online modules on employment rights within their first month. Additionally, everyone involved in recruitment must complete these modules during the accreditation term.

Employers are responsible for covering all recruitment costs in New Zealand and overseas, including advertising, recruitment agency fees, immigration fees for the employer, job check applications, trade testing, and tools retained by the employer.

They must not charge migrant workers any fees that would be illegal in New Zealand, such as:

• Payments to secure employment

• Binding bonding agreements

• Unreasonable deductions that are not agreed upon in writing.

Employers must keep records throughout the accreditation period to demonstrate compliance with these requirements. Declaring these commitments is a part of the accreditation application process, and evidence may be requested during renewal.

Accreditation for Employers Placing Migrants with Third Parties

There is a separate and more stringent accreditation process for employers that engage in labor hire or similar businesses that place workers with third-party employers.

A controlling third party is defined as:

• A separate legal entity from the employer listed in the worker's employment agreement.

• An entity that has a contract with the employer allowing its employees to work for the benefit of the controlling third party and can direct or control those employees as if it were the direct employer.

Examples include:

• Labour hire companies.

• Employers seconding migrant employees to a controlling third party.

• Parent or umbrella companies placing their migrant workers with a subsidiary or branch that is a separate legal entity.

Additional Requirements

All employers must first meet the standard accreditation requirements. Additionally, they must have systems in place to monitor the employment and safety conditions of AEWV holders placed with the controlling third party.

Employers must:

• Respond appropriately to any issues raised concerning the AEWV holder.

• Have a history of employing staff in New Zealand for the past 12 months.

• Ensure at least 15% of their workforce placed with controlling third parties consists of New Zealanders in full-time employment.

• Only place AEWV holders with compliant controlling third-party businesses, which must not be on a stand-down list, must declare they are not subject to any immigration stand-down or permanent ban, and must not be aware of any immigration issues that would prevent their own accreditation.

Employer Accreditation Application

The initial accreditation application must include:

• A documented plan for monitoring migrant safety and employment conditions, detailing:

  • How to verify that the third party is not on a stand-down list.

  • How to obtain applicable declarations and keep records.

  • Permission for INZ to conduct site visits.

• A documented complaints and resolution process.

Before placing an AEWV holder, employers must assess:

• Documentation regarding the third party's processes to prevent and address workplace bullying, including a complaints process for AEWV holders to report bullying and resolution procedures.

• Risk prevention documentation, including a risk register.

• The third party's health and safety induction.

• Information regarding the AEWV holders' visa conditions and employment terms.

• The third party's complaints and disputes resolution process.

• Provide AEWV holders with a complaints process and guidance on reporting issues directly to the employer.

• Obtain declarations from the third party and its key personnel that they are not subject to any immigration stand-down or permanent ban for specific offences under the Immigration Act or Crimes Act and will notify the employer if prosecuted for any such offences after AEWV holders are placed.

• Secure agreement for INZ to conduct site visits and ensure the third party maintains records to be provided to the employer.

• Ensure declarations are made confirming the third party does not require or compel AEWV holders to work hours inconsistent with their visa conditions.

• Verify that the terms and conditions of AEWV holders' employment align with health and safety standards.

Ongoing Monitoring After Placement

AEWV holders must be checked:

• Fortnightly for the first two months of placement and then at least once a month, or

• More frequently as needed, such as in the case of short placements or ongoing disputes.

Site visits should occur:

• Every six months or less frequently if evidence shows the risk of the third party breaching requirements is low.

Additional Actions

Employers must investigate and address employment and safety issues in collaboration with the controlling third party to resolve problems or remove migrants from the third party as necessary. They should implement actions to address issues by seeking external assistance for unresolved problems and report significant breaches to the relevant authorities.

Finally, employers must maintain records detailing which organisation each AEWV holder is placed with, including start and finish dates, working locations, hours paid, and hours worked (including hours for salaried AEWV holders).