Changes to 90-day trial periods on AEWV & AEWV labour hire (triangular) employment threshold workers
Updated: Oct 19
Effective from October 29, there are important changes to the employment rules for Accredited Employer Work Visas (AEWV) in New Zealand. Here's a simplified breakdown:
1. No More 90-Day Trial Periods for AEWV Holders
Starting October 29, accredited employers cannot use 90-day trial periods when hiring individuals on AEWV.
This change aims to ensure fair treatment of migrant workers, encouraging employers to hire based on genuine labour needs or skills gaps.
Job Check applications must not include trial periods in employment agreements.
Using trial periods may lead to the revocation of an employer's accreditation.
2. Changes to Accreditation Suspension
Effective from October 29, an employer's accreditation can be suspended during any active steps by immigration authorities or other regulators to confirm compliance with various standards.
Accredited employers are not allowed to pass certain costs on to migrant workers (both new visa applicants, as well as those who already hold a visa).
3. AEWV Labour Hire Threshold Increased
From November 27, accredited employers in the labour hire (triangular) sector placing migrants in specific construction occupations must have at least 35% of their workforce as New Zealand citizens and residents (up from 15%).
The threshold will be assessed both during accreditation and Job Check stages.
Existing employers won't lose accreditation if they continue to meet the 15% threshold, but new Job Checks won't be approved until the new 35% threshold is met.
4. Specific Occupations Affected
A triangular employer is one who employs staff to assign them to a controlling third party. This employment arrangement involves three parties, each with distinct relationships.
The increased threshold applies to labour hire employers dealing with specific construction occupations, including bricklayers, carpenters, plumbers, and more
5. Processing Time Changes
Immigration New Zealand has adjusted the AEWV assessment approach, leading to longer processing times.
Most applications are taking more than 10 days to process.
Employers are encouraged to allow at least six weeks for accreditation and Job Check applications.
6. How Employers Can Help
For employer accreditation, evidence of a genuine and viable business, such as financial statements, should be provided.
Job Check applications should focus on current vacancies, and all required documentation must be included.
Multiple vacancies in one job check should include additional evidence of their genuineness.