AEWV – what you need to know

The opening of New Zealand’s international border in July 2022 ushered in a new immigration pathway for skilled migrants called the Accredited Employer Work Visa (AEWV)

The AEWV replaced almost all other work visa categories and changed the way employers interact with Immigration New Zealand (INZ). Construction employers interested in bringing in overseas workers can use the EAWV pathway, although certain conditions must be met.

Firstly, the business must be accredited. There are four levels of accreditation that can be applied for:

• Standard accreditation, which allows a business to employ up to five migrants ($740).
• High volume accreditation, which allows a business to employ six or more migrants ($1,220).
• Franchisee accreditation, with no limit on migrant employment numbers ($1,980).
• Controlling third party accreditation, with no limit on migrant employment numbers ($3,870). Note, this accreditation is for businesses which place migrants with third parties, such as labour hire organisations.

To become accredited, employers must show they are genuinely undertaking business, provide evidence that they are financially viable and undertake ‘settlement support activities’.

INZ recommends that you supply the following information to new migrant employees:

• Accommodation options.
• Transport options.
• Cost of living.
• Accessing health care services.
• Citizens Advice Bureau services.
• Relevant community groups.
• Obtaining an IRD number from Inland Revenue.
• Industry training and qualification information and options.
• Specific job or industry hazards.

Detailed information on each of these is available on immigration.govt.nz.

Finally, migrant and key employer staff must complete online learning modules with Employment New Zealand.

Job check

Once accredited, employers have to undertake a job check, which can be done for any role that pays over $29.66p/h. This means that employers have to advertise the job for at least two weeks on a national platform (Seek, TradeMe) to ensure no Kiwi citizens or residents are available for the job.

However, if the vacancy the employer is trying to fill is on the ‘Green List’, they do not need to advertise for it, providing the candidate meets the qualification, experience or pay requirements. At the time of writing, construction project manager and site foreman roles are currently on the Green List.

The job check is also not required if the employee is to be paid more than twice the median wage ($59.32 p/h).

Migrant check

Once the job check has been completed, the migrant will be able to submit an AEWV. The candidate is then checked to ensure:

• They are of good character.
• They meet an acceptable standard of health.
• They meet the minimum qualification, experience and/or income requirement listed in the job check application.

The worker needs to pass all three checks. Once they do, they can take up the job offer.

Visa information

Most AEWVs will be issued for three years; however, the Green List visa for Construction Project Manager and Project Manager (including Building Project Manager and Site Foreman) are eligible for a straight to residence visa.

Business accreditation lasts for 12 months, which can be renewed for an additional 24 months. In total, the accreditation can last for 36 months.

If an employer already employs migrants on existing work visas, accreditation is not required for them to continue with their employment. However, it will be required if the employer plans to apply for new work visas for your workers.

For example, if the employer has a worker on an Essential Skills Work Visa, once the current visa expires, the employer will need to gain accreditation and move them to an AEWV.

Other visa options

For businesses who don’t want to purse an AEWV, they can still employ some overseas workers, including the partners of AEWV holders who are on open work visas, the partners of New Zealand citizens or residents who hold open work visas, Working Holiday work visa holders and Post Study Work visa holders.

“While most employers who urgently required overseas workers have already engaged in the process, new applicants will need to ensure they file their applications in good time,” said Martelli McKegg associate Mathew Martin. “INZ is still working through a significant backlog of work, which means delays in processing times are inevitable. We recommend employers, who are looking to engage overseas workers, apply for the Employer Check as soon as possible.

“There are also many potential hazards when it comes to the application process, which has tripped up even well-resourced employers. These hazards can delay the processing of applications and can lead to declined applications. There are only very limited rights of appeal or review of declined decisions, so it is critical to get things right the first time around.”