It has been a little over two years since Immigration New Zealand (INZ) introduced the accreditation regime for New Zealand-based employers wanting to hire migrants.
Most initial accreditations were granted for a period of 24 months and they are now up for renewal. This article focuses on some important advice that employers must remember when renewing their accreditation and hiring migrants.
What can Immigration New Zealand ask me when I renew my accreditation?
To ensure your accreditation application is processed smoothly, you will be required to provide evidence that your business remains viable and is genuinely operating. You and any Accredited Employers Work Visa (AEWV) holders working for you will also need to provide evidence of having completed the employment learning modules. These modules are available online and can be found via a simple Google search.
INZ will also ask for evidence that you provided the AEWV holders working for you with a Settlement Support Pack containing information about how to find accommodation, apply for a driving licence, applying for an IRD number, health and safety training, etc.
You and the AEWV holders must have completed these steps within the first month of their starting the job with you, and during their working hours.
Is there anything else that I need to be aware of?
Yes, The Immigration Act 2009 was recently amended, and Immigration Officers now have the power to request time and wage records, leave records, or any document relating to the remuneration or employment conditions of an AEWV holder you are supporting. If such a request is made it must be complied within 10 working days.
Failure to comply with such a request within 10 working days can be considered as an infringement offence punishable with an infringement fee of $1,000 or a court fine of no more than $2,000.
You will also commit an infringement offence if you employ someone who does not have the right to work for you or employ someone in a manner that is not consistent with their visa conditions.
What should I be careful of when hiring a migrant?
When hiring a migrant, you must keep evidence that you have sighted their academic documents and/or work experience documents and/or any other information that is evidence that the employee meets the conditions required by you and INZ. If you are interviewing candidates, it is strongly suggested to keep a record of the interview process.
A record of this evidence can be requested by INZ when you renew your accreditation.
I am planning to buy a new business, what should I be aware of?
If you are planning to buy an existing business that employs AEWV holders, they cannot start working for you unless you become an accredited employer and obtain valid job tokens for them. They will then need to apply to INZ to be able to work for you. According to current INZ timeframes and depending upon the size and scale of your business this entire process may take up to two to seven months.
Therefore, you must work closely with the business broker and the seller to negotiate a longer settlement date if you wish to remain fully staffed.
(Hemant Kaushal is a Licensed Immigration Adviser who runs his own practice in Auckland. His practice handles various simple and complicated immigration matters. Nothing in this article constitutes immigration advice and we strongly recommend you consult a Licensed Immigration Adviser or a lawyer to discuss your specific circumstances.)
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