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Immigration New Zealand (INZ) has continued to make significant changes in the immigration space including in relation to the Accredited Employer Work Visa (AEWV) scheme. We set out some of the most recent updates below:

Interim accreditation and accreditation renewals

INZ has resolved most issues with employers that had applied for accreditation and should have received interim accreditation but had not received interim accreditation.

INZ have confirmed in a policy update that employer accreditation expires at the beginning of the day after the date specified as the expiry date. For example, if an employer’s accreditation status is due to expire on 5 July 2024, the accreditation will now expire on the morning of 6 July 2024

INZ recommends that employers should prepare and renew their accreditation applications well in advance as renewal of accreditation applications can take over six weeks to process.

Changes in eligibility to support dependents

AEWV holders working in ANZSCO level 4 or 5 roles will only be able to support dependents for Partnership Work Visas, Dependent Child Student Visas, or Dependent Child Visitor Visas applications if:

• The dependents already hold visas as a partner or dependent child or had submitted their visa application before 26 June 2024; or
• AEWV holders in ANZSCO level 4 or 5 roles who have a pathway to residency. This includes those in roles listed on the Green List or a Sector Agreement with a residence pathway, as well as those earning at least 1.5 times the median wage.

The changes do not impact dependents supported by AEWV holders approved AEWVs to work in ANZSCO level 1,2 or 3 roles.

Partners of students studying level 7 or 8 qualifications specified on the Green List, can now apply for a work visa with open conditions. These are occupations that have registration as a requirement instead of New Zealand Qualifications Authority (NZQA) qualifications.

Redundancies, company receivership and liquidation

If you employ migrant workers and your company is or may be impacted by company receivership or liquidation, or you are completing a redundancy process, it is important to treat migrant workers with the same employment rights as New Zealand workers but with additional immigration compliance requirements.

For example, when restructuring AEWV workers into a different role, the need for a Job Change and new Job Check application may need to be explored. If a AEWV holder receives a job offer from a different employer, the new employer will need to have an approved Job Check token and they will only be able to work for a new employer after they are approved a Job Change application.

INZ does not generally consider that scenarios where an employer has gone into receivership or liquidation or made staff redundant, to meet requirements for migrant exploitation.

Higher level of scrutiny of Job Check and fluctuating processing times

Based on what we are seeing, Job Check applications (that are not processed with priority) are taking around six weeks or longer to process and INZ are looking more closely at Job Check applications to make sure requirements are met. Given the longer processing times and INZ’s closer examination of Job Check applications, we recommend submitting Job Check applications at least 2-3 months before a migrant workers visa is due to expire.

Message for Employers

Our team of specialists can help with bespoke and practical advice and solutions on navigating the tricky immigration landscape. Please do not hesitate to contact us if you need help.

Disclaimer: This article provides commentary on employment law, health and safety and immigration, it should not be used as a substitute for legal or professional advice. Please seek legal advice from your lawyer for any questions specific to your workplace.