If you cannot find suitable New Zealanders for a role you are advertising, you can apply to hire migrants on the Accredited Employer Work Visa (AEWV).

Immigration New Zealand asks that you get accredited so they can ensure your business is viable, meets immigration and employment standards, and will not exploit the migrants you might hire.

NOTE: Updated requirements for both employers and employees have been implemented in April 2024. Changes to visa fees have come into effect on 1 October, and further updates to AEWV are currently under consultation. Please check back frequently for updates to ensure you have the most up-to-date information.

First, check if you can apply:

To apply your business needs to be a viable and genuine business, and able to meet at least one of these financial requirements:

• Your business has not made a loss over the previous two years
• Your business has had a positive cash flow each month for the last six months
• Your business has enough capital or external investment to remain viable
• Your business has a credible two-year plan to ensure it remains viable, for example, a revenue forecast or cash flow projection
• Your business must also comply with New Zealand immigration law, employment and business standards
• You and your key people in your business must not have:
  • employed a migrant who did not have the right visa or visa conditions to work in that role
  • provided false or misleading information to us
  • been involved in immigration breaches in other businesses
  • been banned from acting as a director
  • been subject to a stand-down period for breaching minimum employment standards or committing immigration offences
  • been permanently banned from sponsoring work visas for committing serious immigration offences.

You will then need to work through these three steps, before you can hire a temporary migrant worker:

1. Apply for accreditation and pay the fee through Immigration New Zealand.
2. Apply for a job check to make sure the role you want to fill cannot be done by New Zealanders, and once the above steps are completed:
3. Request a migrant worker employee to apply for a visa

Further details on the 3-step application process:

1. Accreditation:

There are different accreditations you can apply for, depending on the number of migrants you are hiring. Accreditation needs to be renewed every 12-24 months.

• Standard Accreditation: for employers who want to hire five or fewer migrant workers.
• High-Volume Accreditation: for employers who want to hire six or more migrant workers.
• Controlling third party accreditation: for businesses who place migrants with third parties while being the direct employer named in the employment agreement, also known as triangular employment. There is no limit to how many migrants you can hire.
• Franchisee Accreditation: New Franchisee accreditation closed on 16 June 2024; Current Franchisee Accreditation (obtained prior to 16 June 2024) will remain valid until it expires. You can change to a standard, high-volume, or controlling third party accreditation when you apply to renew your accreditation.

You will pay a fee depending on the type of accreditation you need. You also need to have:

• an NZBN (unless you are a foreign diplomatic mission)
• a business IRD number
• your Business Industry Classification (BIC) Code
• the full name, passport number and date of birth of key people in your organisation — you also need their consent to provide this information.

You will need to advertise the role:

Before you can apply for a job check, you will need to advertise the role to check there no New Zealand citizens or residents available for the job.

You must list the job for at least 14-21 days (depending on ANZSCO) on a national listing website or channel where suitable New Zealanders are likely to apply. Advertising must take place within 90 days before you submit an application, and the advert must be closed by the time you submit your job check.

The advertisement must include:

• the pay rate or pay range in the body of the advertisement,
• the required skill level and/or qualifications, and
• the work hours required.

You will also need to engage with Work and Income if you’re filling an ANZSCO Skill Level 4 or 5 vacancy. They will check the labour market supply for your role. This is to ensure that New Zealanders are considered for jobs where there are no skills shortages.

2. Job check

Once you have the accreditation you will need to apply for the job check through the Immigration NZ web portal. This will confirm the job pays the required market rate, the terms and conditions comply with employment laws, and you have done a labour market test if required – this includes advertising the role to New Zealanders for a minimum of 14-21 days (depending on ANZSCO), and confirming there are no New Zealanders available to do the job in that region.

Your Job Check application needs to include:

• job description
• an employment agreement that contains all compulsory minimum employment standards (see below)
• ANZCO code and skill level that aligns with the job you are offering
• copy of the advertisement which meets the required guidelines
• the results of any advertising (e.g. number of suitable applicants with NZ working rights)

Your job offer and employment agreement must meet the below requirements:

• be for at least 30 hours a week, describe the maximum hours allowed, and include provisions for overtime payments (for salaried employees)
• pay the market rate and at least $29.66 per hour, or the minimum rate for exempted roles
• include all clauses required by employment law
• pay periods may not be longer than one month
• must not include unlawful deductions or bonding clauses
• must not include trial provisions as defined in section 67A (2) of the Employment Relations Act 2000 (a ’90 day trial’)

Note: Jobs paying 200% of the median wage ($59.31 per hour) and those on the Green List do not need a labour market test.

If the job check is approved, you can offer the work to someone from overseas.

3. Request your prospective employee apply for a visa

Once you have passed the first two steps, your potential migrant worker can then apply for a visa, using a ‘job token’ which you will initiate through the Immigration NZ web portal. They must show they meet character, identity and health requirements, and have the skills to do the job before being granted a visa. It is also important that you validate the worker’s eligibility prior to offering them the job token to apply for their visa.

Employers are required to verify that a migrant meets one of the following criteria before asking them to apply for the AEWV:

• the job you are hiring for is on the Green List and they meet the Green List’s job requirements
• the job you are hiring for pays at least NZD$59.32 an hour (twice the February 2023 median wage)
• they have 3 years or more of relevant work experience
• they have a relevant qualification of Level 4 or higher on the New Zealand Qualifications and Credentials Framework (NZQCF).

Provide the prospective employee with the following items for their visa application:

• Individual employment agreement that meets the above requirements, and includes a job description
• Job Check approval letter

You need to tell Immigration NZ if a current employee leaves your employment

If your current employer accreditation was approved, renewed, or upgraded on or after 7 April 2024, you must tell Immigration NZ within 10 working days if a migrant worker with an AEWV leaves your employment.

You only need to let them know if they have left your employment and they have at least 1 month left on their AEWV.

If you do not inform Immigration NZ, you will not be meeting your obligations, and your accreditation may be suspended or revoked.

If you have any questions on how this may impact your future hiring process please get in touch with our Advice Service on 0800 472 472 (1800 128 086 from Australia) or email [email protected]

Updated October 2024.