In recent months, Immigration New Zealand (INZ) has significantly increased its compliance activities, particularly focusing on Accredited Employer Work Visa (AEWV) obligations. Businesses across various sectors, including hospitality and tourism, have been the subject of scrutiny, with some facing investigations and even prosecutions for non-compliance.
If your business employs migrants on AEWVs, now is the time to ensure you are meeting all your obligations to avoid potential penalties, including accreditation suspension or revocation.
What Does This Mean for Employers?
As of 7 April, any employer under investigation by INZ may face immediate suspension of their accreditation which means they will not be able to support visa applications or job checks for the period of suspension.
To stay compliant, it is critical that businesses understand and fulfill their obligations under the AEWV scheme which include but are not limited to:
Providing Settlement Information to Migrant Workers - Within one month of an AEWV employee starting work, you must provide them with important settlement information. This helps workers settle into life and work in New Zealand.
Completion of Learning Modules - Both employers and AEWV workers must complete learning modules provided by Employment New Zealand. Upon completion, you will receive a certificate, which may be requested by INZ as part of their compliance checks.
Compliance with Employment Standards - You must ensure all employees, including migrants, comply with employment laws including minimum entitlement. This includes providing correct employment agreements and complying with work visa conditions.
Ongoing Accreditation Obligations - Accredited employers are required to comply with specific reporting and record-keeping requirements. This includes making sure all employment offers align with INZ’s approved job check, ensuring workers' job titles and duties match the roles they were accredited for and that they are paid at least what was approved and generally informing INZ when a worker leaves the business.
Failure to meet these obligations can result in serious consequences which could affect your ability to hire migrant workers in the future. INZ’s recent compliance activities serve as a reminder to all accredited employers to take their responsibilities seriously and ensure full compliance.
Scrutiny during Accreditation Renewal
In addition to general compliance/verification, INZ will also review your compliance history during any accreditation renewal by requesting documented proof that your business is viable, compliant and has met its AEWV obligations during the period of accreditation.
If you are unsure about your obligations or need assistance, ask us for an immigration compliance audit to assess what you are doing right or what needs changing.
Email [email protected] or call 03 441 2743, or contact our immigration expert Hetish Lochan on +64 (0)21 075 8147.
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