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Hiring Migrant Workers

New Zealand employers need be accredited by Immigration New Zealand before they can recruit and support migrant workers under the Accredited Employer Work Visa scheme.

The process involves three stages:

Obtaining employer accreditation
Obtaining an approved Job Check for the position
Inviting the selected worker to apply for an Accredited Employer Work Visa

Accreditation does not automatically allow an employer to hire any migrant for any position. The employer, proposed employment and migrant worker must each satisfy separate requirements.

Trusthaven Immigration can assist employers with accreditation, Job Checks, migrant-worker applications and ongoing immigration compliance.

The Accredited Employer Work Visa Process

Before inviting a worker to apply for an Accredited Employer Work Visa, an employer must generally:

Obtain the appropriate employer accreditation
Advertise the position where required
Engage with Work and Income where required
Apply for and obtain an approved Job Check
Support the migrant to apply for their work visa

Different requirements apply at each stage.

Stage One: Employer Accreditation

Immigration New Zealand assesses whether the employer is eligible to employ migrant workers under the Accredited Employer Work Visa scheme.

The employer must apply for the accreditation type appropriate to:

The number of migrants it expects to employ
Whether workers will be placed with controlling third parties
The structure and operation of the business
The visa categories the employer intends to support

Stage Two: Job Check

Once accredited, the employer needs an approved Job Check for the proposed position.

At this stage, Immigration New Zealand examines:

Whether advertising was required and completed correctly
Whether suitable New Zealand workers were available
Whether Work and Income engagement was required
The occupation and occupational classification
The job description and actual duties
The work location
The remuneration
The minimum guaranteed hours
The employment agreement
The employer’s recruitment process
Any qualifications, experience or registration required for the position

Stage Three: Migrant’s Work Visa

After the Job Check is approved, the employer can invite a selected migrant to apply for an Accredited Employer Work Visa.

The worker must independently satisfy the applicable requirements relating to:

Qualifications
Relevant work experience
Occupational registration
English ability, where required
Health
Character
Genuine intentions

Employer accreditation and Job Check approval do not guarantee that the migrant’s visa will be approved.

Types of Employer Accreditation

Employers must select the accreditation type that corresponds with their proposed recruitment arrangements. There are three types of Employer Accreditation available to employers as of now.

Standard Accreditation

Standard accreditation is generally for employers intending to employ up to five migrant workers holding Accredited Employer Work Visas at any one time.

The limit relates to workers employed under the employer’s accreditation rather than the number of Job Checks or visa applications submitted over the lifetime of the business.

An employer expecting to employ six or more AEWV workers should consider high-volume accreditation.

High-Volume Accreditation

High-volume accreditation is generally for employers intending to employ six or more migrant workers holding Accredited Employer Work Visas at any one time.

Employers must continue to meet the standard accreditation requirements and manage the additional compliance risks associated with employing a larger migrant workforce.

An employer’s required accreditation type may change if the number of AEWV workers increases or decreases.

Triangular Employer Accreditation

Triangular employer accreditation is required where the employer named in the migrant’s employment agreement places the worker with a separate controlling third party that directs or controls the worker’s day-to-day work.

This type of arrangement can include:

Labour-hire companies
Employers seconding migrant workers to another business
Parent or umbrella companies placing employees with a separate subsidiary, branch or client
Other arrangements in which a separate legal entity controls the worker’s daily work

Under this accreditation category, additional requirements apply to the employer, the controlling third party and the placement arrangement.

Choosing the Correct Accreditation Type

The appropriate type cannot always be determined from the employer’s current workforce alone.

Relevant considerations can include:

The number of AEWV workers currently employed
Workers expected to commence shortly
Job Checks that have already been approved
Invitations issued to prospective workers
Planned recruitment during the accreditation period
Whether workers will be placed with other businesses
Changes in business structure or ownership

Trusthaven Immigration can review the employer’s existing and proposed workforce before an application is submitted.

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Employer Accreditation Requirements

To become accredited, an employer must satisfy Immigration New Zealand that it is a genuine, financially viable and compliant New Zealand business or organisation.

The assessment may involve the employer’s:

Business structure and trading history
Financial position and ability to meet employment obligations
Compliance with employment and immigration law
Recruitment and human-resource practices
Directors, owners and key people
Processes for preventing migrant exploitation
Ability to provide the required settlement support
Proposed use of migrant workers

The requirements are not applied in exactly the same way to every employer. The appropriate evidence depends on the organisation’s structure, financial history, recruitment plans and intended migrant workforce.

Information supplied through declarations may need to be verified. Incomplete information, inconsistencies or evidence submitted without an adequate explanation can result in further enquiries, delays or an unsuccessful application.

Newly established, rapidly growing, restructured or loss-making businesses may face closer scrutiny and require a carefully prepared explanation of their operations and financial position.

Trusthaven Immigration can assess the business before an application is submitted, identify potential concerns and determine how its circumstances should be presented.

Financial Viability

Financial viability involves more than the balance in the employer’s business bank account.

Immigration New Zealand may consider the employer’s trading history, profitability, cash flow, capital, genuine commercial activity and ability to sustain its existing and proposed workforce.

The evidence required depends on the business. An established profitable employer may be assessed differently from a new, growing, restructured or loss-making organisation.

Concerns can arise where the available information does not clearly demonstrate:

Genuine and sustainable commercial activity
Sufficient work for the proposed employees
The ability to meet wages and employment obligations
A reasonable relationship between the business and its proposed migrant workforce
Consistency between financial, taxation, payroll and employment information

A business experiencing losses or recent changes is not necessarily prevented from obtaining accreditation. However, its position may need to be properly explained and supported.

We can review the employer’s circumstances, identify the evidence relevant to the application and address potential financial concerns before Immigration New Zealand raises them.

Employment and Immigration Compliance

Accreditation is available to employers that meet New Zealand employment and immigration standards.

Immigration New Zealand may consider the conduct of the employing organisation and relevant people connected with its ownership, management, recruitment and employment decisions.

Concerns may arise from matters such as:

Employment-law or immigration breaches
Underpayment or unlawful wage deductions
Inadequate employment records
Employing people without appropriate work rights
Providing false or misleading information
Charging migrants for jobs or prohibited recruitment costs
Migrant exploitation
Relevant breaches involving related or previous businesses

An employer or relevant person subject to a stand-down may be prevented from obtaining or retaining accreditation.

Past concerns should be identified before the application is submitted so their relevance, current status and effect on accreditation can be properly assessed.

Preventing Migrant Exploitation

Accredited employers must take reasonable steps to reduce the risk of migrant exploitation.

Employers must not charge workers for employment, recover prohibited accreditation or recruitment costs, make unlawful wage deductions, require unpaid work or provide employment that differs materially from what was promised.

Employers using recruiters or other representatives should ensure that those parties:

Describe the position and employment terms accurately
Do not sell employment or charge prohibited fees
Do not promise guaranteed visas or residence
Do not alter employment terms without authority
Do not retain passports or threaten workers because of their immigration status

The employer may remain responsible for conduct undertaken by recruiters or representatives acting on its behalf.

Appropriate recruitment controls and record-keeping should therefore be established before overseas recruitment begins.

Accreditation Duration and Renewal

Employer accreditation is granted for a specified period and must be renewed if the employer intends to continue supporting applications for which accreditation is required.

Renewal is not automatic. Immigration New Zealand may examine whether the employer has continued to:

Operate a genuine and viable business
Comply with employment and immigration requirements
Meet its obligations to migrant workers
Maintain appropriate employment and compliance records
Employ workers consistently with their employment agreements and visa conditions
Respond appropriately to previous compliance concerns

Employers should monitor their accreditation expiry date and allow sufficient time for renewal.

Changes that occur after accreditation—including changes to ownership, structure, financial position or recruitment plans—may affect the renewal application and should be reviewed before it is submitted.

Advertising and Job Checks

Accredited employers need an approved Job Check before inviting a migrant worker to apply for an Accredited Employer Work Visa.

The applicable advertising and labour-market requirements depend on the position, occupational classification and immigration instructions applying at the time.

Some positions may qualify for an advertising exemption, but an exemption should not be assumed from the job title alone. The position must satisfy all requirements applying to the exemption.

Where advertising is required, the campaign must be completed correctly before the Job Check is submitted.

Immigration New Zealand examines:

Whether the position is genuine
Whether the occupational classification is appropriate
Whether the duties and minimum requirements are reasonable
Whether the remuneration and guaranteed hours are acceptable
Whether the advertising requirements were met
Whether genuine efforts were made to recruit New Zealanders
Whether suitable and available New Zealand applicants were identified
Whether Work and Income engagement was required
Whether the employment agreement satisfies the applicable requirements

Errors made during advertising cannot always be corrected after the campaign closes. The employer may need to advertise again, delaying the recruitment process.

Trusthaven Immigration can identify the requirements applying to the position before advertising begins and review the recruitment process before the Job Check is submitted.

Work and Income Engagement

Some positions require the employer to engage directly and in good faith with Work and Income before submitting a Job Check.

This can be required in addition to advertising.

The employer may need to consider candidates referred by Work and Income and demonstrate that the engagement was completed properly.

Although the employer must participate directly in the process, a Licensed Immigration Adviser can explain whether engagement is required and assist with the surrounding Job Check requirements.

Employers should determine the applicable requirements before commencing recruitment rather than attempting to correct the process afterwards.

Occupational Classification and Job Descriptions

A job title alone does not determine the position’s occupational classification.

Immigration New Zealand may examine:

The actual duties and responsibilities
The level of responsibility
The skills required
The employment setting
The relationship between the role and other positions in the business
The remuneration and hours
The qualifications or experience genuinely required

An inaccurate occupational classification can affect advertising, Work and Income engagement, remuneration, visa duration, English-language requirements and the worker’s eligibility.

The job description should reflect the genuine position rather than being copied from a generic occupational description.

Recruiting and Assessing Migrant Workers

Job Check approval confirms that Immigration New Zealand has approved the position for recruitment. It does not establish that a particular worker qualifies for an Accredited Employer Work Visa.

Before selecting a migrant worker or making commitments concerning employment and relocation, the employer should confirm that:

The position can support the intended visa
The worker appears capable of meeting the relevant visa requirements
The employer’s stated minimum requirements are satisfied
Relevant qualifications and work experience can be verified
Any required occupational registration can be obtained
The worker can meet any applicable English-language requirements
The likely immigration and relocation timeframe is realistic
Recruitment arrangements comply with applicable requirements
The proposed employment can be sustained

Depending on the position and the worker’s circumstances, Immigration New Zealand may examine:

Relevant qualifications and work experience
The employer’s minimum requirements
Occupational registration
English-language ability
Health and character
Previous immigration history
Whether the worker genuinely intends to undertake the proposed employment

Exceptions or alternative requirements may apply in some circumstances.

Employers should not promise a visa outcome or encourage a candidate to resign, sell property or make other irreversible commitments before the immigration position has been properly assessed.

If the selected worker cannot meet the visa requirements, the employer may be left with an approved position that cannot be filled before the Job Check expires.

Where overseas recruiters or other representatives are used, the employer should ensure that the position and employment terms are represented accurately and that candidates are not charged prohibited recruitment or employment fees.

Additional overseas-employment and document-verification requirements may apply when recruiting from certain countries, including the Philippines. These requirements should be considered before the employer commits to a recruitment campaign or selected worker.

Trusthaven Immigration can assess the proposed position and prospective worker together before the visa process begins.

Ongoing Employer Obligations and Settlement Support

Accreditation creates continuing responsibilities. It is not simply an approval obtained before recruitment.

Accredited employers must continue to:

Operate a genuine and viable business
Comply with employment and immigration law
Employ workers according to their employment agreements
Provide the agreed remuneration and guaranteed hours
Maintain appropriate wage, time, leave and employment records
Ensure that workers hold appropriate visas
Take reasonable steps to prevent migrant exploitation
Provide the required settlement information and support
Notify Immigration New Zealand of relevant matters where required
Cooperate with post-accreditation checks

Triangular employers may have additional monitoring and record-keeping responsibilities relating to workers placed with host businesses.

Settlement information and support should be provided within the applicable period and may address:

Practical settlement matters
Employment rights
Workplace risks
Services available to workers who require assistance
Any required employment or settlement activities

Employers should retain appropriate evidence showing:

What information and support were provided
When they were provided
How they were communicated
Whether required activities were completed

Settlement support should be incorporated into the employer’s onboarding and record-keeping processes rather than treated as a one-time formality.

Immigration New Zealand may conduct post-accreditation checks and request evidence of compliance. Failure to meet ongoing obligations can affect future Job Checks, worker applications and accreditation. Serious concerns may result in suspension, revocation, a stand-down or other enforcement action.

Business Sales, Restructuring and Ownership Changes

A business sale, merger, restructure or change in ownership can affect:

Employer accreditation
Approved Job Checks
Invitations issued to workers
Existing AEWV employees
Employment agreements
Work locations
Migrants’ visa conditions

Accreditation and Job Checks do not necessarily transfer automatically to another legal entity.

A migrant worker may also require a Job Change or a new visa if the legal employer, occupation or work location changes.

The employment and immigration consequences should be considered before the transaction is completed, the business structure changes or employees are transferred.

Common Accreditation and Job Check Problems

Applications can encounter difficulties because of:

Selecting the wrong accreditation type
Concerns about business viability or compliance history
Using an incorrect occupational classification
Advertising or labour-market requirements not being completed correctly
Inconsistencies between the advertisement, job description, employment agreement and application
Remuneration, hours or employment terms not satisfying the applicable requirements
Material changes to the business or position
The selected worker not meeting the visa requirements
Prohibited recruitment charges or migrant-exploitation concerns

Some errors can be addressed through additional evidence or explanation. Others may require advertising to be repeated or a new application to be submitted.

A pre-application review can identify potential issues before the employer commits further time and money to the recruitment process.

How Trusthaven Immigration Can Help Employers

Trusthaven Immigration can assist throughout the employer-supported visa process.

Employer Accreditation

Assessing accreditation eligibility
Identifying the appropriate accreditation type
Reviewing business viability and compliance concerns
Preparing new and renewal applications
Advising on triangular employment arrangements

Recruitment and Job Checks

Determining advertising and labour-market requirements
Assessing advertising exemptions
Reviewing occupational classification
Checking proposed remuneration and guaranteed hours
Reviewing advertisements, job descriptions and employment agreements for consistency
Preparing Job Check applications

Migrant-Worker Applications

Assessing the selected worker’s qualifications and experience
Identifying registration, English, health or character concerns
Preparing Accredited Employer Work Visa applications
Assisting with Job Change applications
Responding to Immigration New Zealand concerns

Ongoing Employer Compliance

Assisting with post-accreditation checks
Advising on accreditation renewals
Reviewing settlement and record-keeping processes
Advising on business sales and restructures
Addressing suspension, revocation or compliance concerns

Our assessment considers the employer, proposed position, recruitment process and selected worker as separate but connected parts of the immigration process.

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Frequently Asked Questions

When is triangular employer accreditation required?

It is generally required where the direct employer places AEWV workers with another business that controls or directs their day-to-day work.

The contractual and practical working arrangements should be examined before the employer applies.

Does accreditation allow an employer to hire any migrant?

No. The employer normally requires an approved Job Check for the position, and the selected worker must independently qualify for the relevant visa.

Does Job Check approval guarantee the worker’s visa?

No. The worker must satisfy the requirements applying to their visa application. These may include qualifications, experience, registration, English, health, character and genuine intentions.

Can an employer charge a worker for accreditation or recruitment?

Employers must not sell employment or pass prohibited accreditation, Job Check or recruitment costs to migrant workers.

Recruiters and representatives acting for the employer should also be monitored to ensure that prohibited fees are not charged.

Can Immigration New Zealand check an employer after accreditation?

Yes. Immigration New Zealand can undertake post-accreditation checks and request business, employment, payroll and compliance information.

What happens if the business changes ownership?

A sale, restructure or change of legal employer can affect accreditation, Job Checks and workers’ visa conditions. The consequences should be assessed before the transaction or transfer occurs.

Can accreditation be renewed automatically?

No. A renewal is a new assessment of whether the employer continues to meet the applicable requirements and has complied with its obligations.

Employers - Get Professional Immigration Advice

Employer accreditation is only the first part of the migrant-hiring process.

The accreditation, recruitment process, Job Check, employment documents and worker’s visa application must satisfy separate requirements while remaining consistent with one another.

An error at an early stage can affect every stage that follows.

Contact Trusthaven Immigration for professional assistance with employer accreditation, Job Checks, migrant-worker visas and ongoing employer compliance.