All you need to know about the Accredited Employer Work Visa

From July 4, Immigration New Zealand (INZ) will be introducing the new temporary work visa - Accredited Employer Work Visa (AEWV). As per the same, an employer must be accredited to hire migrant workers on an AEWV.

 Whether you are an employer wanting to hire a migrant or a migrant applying for a work visa, there are things that you need to keep in mind regarding AEWV. 

 Indian Weekender spoke to Ruth Isaac, General Manager, Employment, Skills and Immigration Policy at the Ministry of Business, Innovation & Employment, to answer your questions regarding AEWV.

 Q1. What are the things that an employer would require to get accredited?

Ruth: The accreditation process is a relatively light touch and online. All employers must meet a minimum set of accreditation requirements, including showing they are a genuine, operating business, are compliant with employment, immigration and business regulatory standards, and will complete activities to support the settlement of migrant employees.

 The type of accreditation employers needs to apply for will differ depending on their business model and the number of migrants they want to hire.

 Putting these checks upfront helps businesses highlight any barriers before they begin the next steps in the immigration process and helps prevent exploitation by giving migrant workers more confidence about the role they are coming to NZ for. This process will be more transparent and certain for employers and migrants.

 Q2. There is a notion that if someone is getting paid below the median wage, they will not qualify for the same?

Ruth: The Government has announced that for most roles, employers will need to pay the median wage to hire migrants on the AEWV. This ensures that migrants being recruited into NZ are mainly filling higher-skilled positions and will support employment opportunities for New Zealanders.

The Government is considering whether there will be any time-limited exemptions to the median wage rule for AEWV as part of the Immigration Rebalance.

 Q3. What will be the process for an employer to apply for accreditation and advertising?

There are three steps to hiring a migrant on the AEWV. These are accreditation, the job check, and the AEWV application. Employers can apply for accreditation from May 23 and a job check from June 20.

 Employers can apply for accreditation through a simple online form on INZ's website and pay the relevant fee. The process will not require a lot of documentation. Accreditation lasts for 12 months. Employers will need to apply for accreditation even if they have been accredited under the previous system, as the requirements and eligibility are different to the previous policy.

 Once accredited, businesses must advertise the job to ensure no New Zealanders are available to do the work before offering it to a migrant. This will involve listing it for a minimum of two weeks on a national job listing website. The terms and conditions of the job must be evident in the ad, and it must include the minimum and maximum pay rates. If the job is paid at least 200% of the median wage, employers do not need to advertise the role.

 If no suitable New Zealanders are found, the employer can apply for a job check to hire a migrant for the role. The employer must be prepared to declare if there are no suitable New Zealanders available for the job.

Q4. There is criticism saying that AEWV will make it harder for industries such as construction to get workers into the country, and the process is more complex and bureaucratic than before. Also, the scheme is biased toward high paying jobs. What is INZ's stand on the same? 

AEWV, which replaces six work visas with one, is designed to ensure New Zealanders are first in line for jobs and where genuine skill or labour shortages exist, accredited employers can hire skilled migrants. 

We are confident employers will find the new process easier to navigate. We have also worked to remove unnecessary hurdles from the system. We have listened to stakeholders in designing the accreditation requirements. One benefit of the new system is that it tests whether a job is one you can hire a migrant for first before we look at the migrant's eligibility, and this can even be before a candidate is found. It will also mean if INZ has questions about the employer and their recruitment, we can go direct to the employer, and the prospective employee does not see business information that is not relevant to them.

 Q5. As a migrant, how do you prepare for AEWV and what is needed for the same? 

Accredited employers who have completed a job check for a role can invite a migrant worker to apply for an AEWV. Applications for the new visa open on July 4 2022, and will be made through a simple online form on the INZ website.

 When migrants apply for an AEWV, they must meet health and character requirements. They must also show they have the skills and experience that the employer told INZ was needed as part of the job check application. If they have demonstrated skills and experience previously or through holding occupational registration, they do not need to provide evidence again.

Before an overseas migrant comes to NZ, their employer must have a genuine job offer. They must provide a detailed employment agreement complying with NZ labour laws for the migrant to sign before leaving for NZ. The employer should pay all costs and fees inside and outside NZ for the migrant's recruitment. Migrants may have to pay for the visa application and airfares and any immigration advice received through an agent.

 Migrant workers already in New Zealand

 If a migrant is currently living and working in NZ, they can continue to work under the conditions of their current visa until it expires or they no longer meet the conditions of the visa.

 Suppose a migrant already in NZ has an expiring visa and their employer has not completed the steps in time for the migrant to apply for an AEWV before their existing visa expires. In that case, they can apply for a bridging visa. This will be a visitor visa and will not allow you to work.

 If they want to remain in NZ after their visa expires by applying for an AEWV, they will need to find a job paying at or above the median wage.

 Some migrant workers who are currently paid below the median wage will qualify for the 2021 Resident Visa if they meet the scarce or settled criteria.