News and Publications

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:

Renewal of Accreditation Applications

INZ have started to process and approve renewal of accreditation applications already. Based on what we are seeing: processing times are varied and are not based on a first in first serve basis, and INZ appear to be deploying a pragmatic approach to granting renewal of accreditation when employers have fallen short on meeting accreditation requirements, as long as any breaches are rectified.

Requirement to Self-Report Non-Compliance to be Removed

INZ have indicated that the requirement for accredited employers to self-report non-compliance with immigration instructions will be removed. The rationale for this change is that the obligation to self-report could have unintended consequences. This policy was scheduled to be amended on 16 June 2024. Our understanding is that INZ is still planning to remove the requirement for accredited employers to self-report non-compliance but that it can take time for this operational change to come into effect.

Despite the removal of the requirement to self-report non-compliance, accredited employers:

• must still report any changes to their key personnel, departure of AEWV workers with more than 1 month left on their visa or changes to business structure within 10 working days; and
• should take care around ensuring that no false or misleading information is submitted, and no material information withheld as part of any renewal of accreditation or accreditation application.

Post-Accreditation Checks

As of 3 June 2024, INZ has conducted 3,704 post-accreditation checks on 2,881 employers, with an additional 502 checks currently underway. The Ministry of Business, Innovation and Employment (MBIE) has received 3,403 complaints against accredited employers. Additionally, there are currently 255 active investigations involving 246 accredited employers.

Regarding accreditation status, a total of 314 employers have had their accreditation revoked, and 52 have had their accreditation suspended. Moreover, 50 employers are under assessment for potential revocation of accreditation, and 1 employer is under assessment for a potential suspension. Revocations and suspensions can occur for various reasons, including liquidation.

Reminder in Respect to English Translations

All supporting documents submitted with visa applications must be provided in English or include an English translation. Applicants can provide certified translations completed by:

• Reputable private or official translation businesses.
• Community members known for their accurate translations, excluding the applicant, family members, or their immigration adviser.
• Lawyers or Licensed Immigration Advisers who are trustworthy, known to translate documents accurately, and are not advisers on the application.

Deportation

The process of deportation of non-residents and residents can be activated by INZ for a number of reasons including when visa holders breach the conditions on their visa, receive a criminal conviction and etc. Based on what we are seeing, INZ has been quite active in the deportation space.

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.