Accredited Employer Work Visa – Additional requirements for franchisees and controlling third parties
Employment Law, Immigration, General / 21 July 2022
The Accredited Employer Work Visa (AEWV) is the new work visa being introduced by Immigration New Zealand (INZ) on 4 July 2022. It will replace essential skills and other employer-specific visa categories.
To hire employees on an AEWV, employers will need to firstly obtain accreditation. To obtain this, the employing business will need to be able to show they are a genuine business, have no history of regulatory non-compliance, and provide evidence of settlement support activities. There are additional requirements which franchisee and controlling third party businesses are required to meet.
Additional requirements for franchisee and controlling third parties
In addition, a franchisee is also required to show:
- They have been operating for at least 12 months as a franchisee, and
- At least 15% of the workforce are New Zealanders or residents who are guaranteed at least 30 hours per week (unless the company has only one employee)
Employers placing migrants with controlling third parties (CTP)
Employers placing migrants with controlling third parties must also:
- Place AEWV holders with a ‘compliant business’ with a NZBN, not on a stand-down list, and with no immigration-related issues which would prevent the business from being granted accreditation.
- Have good systems in place to monitor employment and safety conditions of the AEWV holders while they are placed with a CTP, including:
- checking work conditions before placing the migrant worker;
- ensuring the migrant worker and CTP have a clear understanding of visa conditions, and employment and safety obligations;
- ensuring there are channels for employees to report issues and conducting appropriate onsite visits;
- investigating and addressing employment and safety issues; and
- implementing actions to resolve issues by seeking external help for issues that cannot be resolved and reporting significant breaches to the relevant authority.
- Have a history of employing staff in New Zealand for the past 12 months.
- Have at least 15% of the workforce being placed with CTP as New Zealanders in full-time employment.
Message for Employers
Employers should begin preparing for Employer Accreditation and the Job Check now. We can assist employers with planning, preparation, and applications.
Disclaimer: We remind you that while this article provides commentary on employment law, health and safety and immigration topics, it should not be used as a substitute for legal or professional advice for specific situations. Please seek legal advice from your lawyer for any questions specific to your workplace.