Accreditation required soon to employ migrants

Debra Leach

Immigration changes around work visas are now well under way and online applications for accreditation for businesses opened on May 23, 2022.

To employ skilled migrants who want to move to a permanent residency visa, businesses will need to be a New Zealand Immigration Services (NZIS) accredited employer.

Phased in from 2023, all employers will need Accredited Employer Work Visa (AEWV) accreditation to employ any migrant on a visa. This includes study visas and working holiday visas.

• Standard accreditation — if you want to employ up to five migrant workers on AEWVs at any one time.

• High-volume accreditation — if you want to employ six or more migrant workers on AEWVs at any one time.

To gain accreditation you must:

• Be a viable and genuinely operating business

• Be registered as an employer with Inland Revenue (IRD)

• Meet one of the following —

- be profitable (before depreciation and tax over the past 24 months)

- have positive cash flow for each of the past six months

- have sufficient capital and external investment or funding (for example from a founder or parent company)

- have a plan to ensure the business remains viable.

• Be compliant with immigration, employment and business standards. This means you need to have compliant Individual Employment Agreements that meet the NZIS required standards. They need to include, at a minimum, a job description, hours of work, details of pay, leave, overtime and location of role.

Businesses operating for less than 12 months must provide evidence of this criteria at application.

This evidence may include:

• Evidence of start-up capital or funding

• Cash-flow or revenue forecasts

• Contracts for work

• GST & PAYE returns.

During 2023, it will become compulsory for any employer to hold an AEWV to employ any migrant holding any type of visa. If you are not an AEWV accredited employer, you can only employ New Zealand citizens or migrants holding a New Zealand Permanent Residence visa.

If you need assistance, reach out to your trusted business adviser.

At BDO Gisborne, we have HR consultants on hand to guide you through this transition and assist with any employment practice compliance.

BDO’s industry-leading accounting and people advisory teams help New Zealand businesses to better position themselves for greater success. To learn more about how our business advisory services can assist you further, contact our BDO Gisborne team today on 06 869 1400.

■ Deb Leach is an HR consultant who has been working in the human resources space for over 15 years. Prior to joining BDO Gisborne, she has worked in the retail, food processing, wine and horticulture sectors.

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