Visa compliance changes and clampdowns

This month, further developments to the Accredited Employer Work Visa (AEWV) Scheme have come into effect, while Immigration New Zealand has increased its efforts to investigate employers who may be in breach of their accreditation requirements. 

The latest update from Immigration NZ includes action on the issue of business sales, where the potential / new owner has not yet achieved accreditation and therefore has been unable to retain employees who may have been working in the business under a AEWVisa. "This has been a major hurdle for many business sales and Immigration NZ are now providing a work around to resolve this situation," commented Franchise Association of New Zealand CEO Robyn Pickerill on the announcement. "FANZ recently sent in a submission on this very topic and are delighted to see that change is happening."

This development comes into effect from November 6.

As of 9 October, INZ reports it had approved 128,380 AEWV applications since the scheme opened. There are currently 29,033 accredited employers and 84,028 AEWV holders. It had also undertaken 4,780 post-accreditation checks on 3,455 employers. An additional 396 were underway. 

Since 11 April this year, the Ministry of Business, Innovation and Employment has received 4,496 complaints against accredited employers.  

There are currently:  

• 268 active investigations on 258 accredited employers underway 
• 521 employers that have had their accreditation revoked  
• 143 having had their accreditation suspended 
• 35 employers under assessment to have their accreditation revoked
• Three employers under assessment to have their accreditation suspended 

Revocations and suspensions can occur due to many reasons, with a number being due to liquidation. INZ can revoke an employer’s accreditation if breaches of accreditation standards are found. Cases are assessed individually, with all related business areas across MBIE, including INZ, working together. 

“The vast majority of employers are doing the right thing and treat their migrant workers fairly and well. They are relying on much-needed workers from overseas to fill positions that have been hard to fill within the domestic market,” reports INZ. 

MBIE — of which INZ is a part — actively monitors employers and takes action where there are concerns. 

Three-stage accreditation process

The AEWV is the main temporary work visa in New Zealand, allowing a migrant to work in New Zealand for an accredited employer for up to five years.

INZ says the AEWV scheme is designed to ensure New Zealanders are first in line for jobs and makes it easier for employers to hire skilled migrants where genuine skill or labour shortages exist. It says it also helps combat migrant exploitation by ensuring only employers who are accredited can hire migrant workers.

There are three-steps in the AEWV scheme process – employer accreditation, job check and the Accredited Employer Work Visa.

"We constantly review and adjust our settings to ensure they are fit for purpose and strike the right balance between bringing in the migrants that New Zealand needs and protecting the integrity of the immigration system," said INZ.