Strategic residency through investment in a shifting global landscape

Employer accreditation is when a business is approved to offer jobs to prospective migrant workers having satisfied the government it is compliant with immigration and employment laws. There is an application process whereby Immigration NZ needs to be satisfied a number of criteria are met. Compliance with labour laws and financial sustainability are just a few of the boxes to tick. New Zealand Immigration Partners will talk you through all the requirements to be met.

An AEWV is a work visa that most migrant workers apply for when taking up employment in New Zealand. Applying for an AEWV is the final step after the employer has passed two earlier tests; one to become accredited and two to satisfy the labour market test (i.e. no Kiwis available to fill the job).

For an employer to qualify for accreditation, Immigration New Zealand must be satisfied that the employer is in a stable financial position, has human resource policies of high standards, is committed to training and employing New Zealanders, and has good workplace practices. The definition of how a company qualifies is unique to every business. Best to take advice before applying as overturning a decline decision can be costly or impossible in some cases.

The LMT is where employers genuinely check if New Zealand residents or citizens are available for the job by advertising. The settings for LMTs change based on job location to allow for labour market differences across regions. Employers must advertise the role nationally and in some cases engage with Work and Income.

Unfortunately a small number of rogue employers and offshore scammers have led to a variety of sanctions that employers face if they get immigration compliance wrong. Instant infringements, stand down periods (preventing the recruitment of migrant workers for 6 to 12 months), loss of employer accreditation and criminal charges are within the range of actions Immigration New Zealand may take against an employer that is non compliant. Take advice now to avoid problems.

Recruiting an overseas worker will not suit every employer. If you can’t find a New Zealand worker to fill the job, you may recruit a migrant. However, it can take time. If the person you want to hire doesn’t have a visa to work in New Zealand, they will need to apply for a work or resident visa before they begin their employment. Take advice on the process and timeframes.

If you’re new to recruiting staff from overseas, the following pointers below can help you in the process.

• Ensure the job vacancy meets the requirements of the visa categories and find out how you can support a migrant’s visa application.
• Consider the country/countries where you are likely to find suitable candidates. Remember to consider cultural differences and how skills and qualifications from different countries fit into the New Zealand workplace.
• Think of ways to get the message out, such as working with other employers, a recruiter or similar.
• Factor in time for normal recruitment processes, including advertising, viewing CVs, interviewing, checking references.
• Remember that visa application processing is also a time factor alongside the migrant worker’s move, which may include housing, gathering documents for their visa application, and more.
• Make sure the migrant worker you intend to employ is suitably qualified and/or experienced to take up the job offer. Verify references and qualifications to satisfy yourself before offering a job. In some cases English Language requirements apply depending on the skill level of the job you are trying to fill.