Significant changes to New Zealand’s immigration laws came into effect on 4 July 2022, with a single work visa (the Accredited Employer Work Visa) replacing temporary work visas that were available in 6 categories.
The visa application process also changed from being employee-led to employer-led, and employers now need to become accredited with Immigration NZ (INZ) before they can hire a migrant worker on a temporary work visa.
The changes aim to ensure temporary migrant workers are only recruited for genuine skill shortages while still allowing employers to access the expertise and labour they need.
4-step visa application process
The Accredited Employer Work Visa application process consists of 4 steps. The employer needs to:
- Apply for accreditation.
- Advertise the role to prove it can't be done by a New Zealand citizen or resident.
- Apply for a job check and include the job description, employment agreement, and results of the job advertising you did.
- Ask a migrant worker to apply for a visa.
This means INZ checks the employer (you need accreditation to pass), the job, and finally, the migrant worker.
Four different accreditation categories are available, depending on how many migrants an employer expects to hire and the nature of those relationships. Accredited businesses can hire migrants on visas for up to 3 years.
Broadly speaking, INZ will be looking at the company’s:
- Financial position.
- HR and recruiting processes.
- Workplace practices and legal compliance.
You must pay migrant workers at least the NZ median wage, unless the role is on a list of exemptions.
Once accredited, employers will be audited by INZ and need to reapply after 12 months, with rolling periods of accreditation of either 12 or 24 months, depending on the category of accreditation.
In December 2022, the government announced a one-off accreditation extension, giving employers that apply for their first accreditation by 4 July 2023, 24 months (instead of 12) before they need to reapply.
Employers who were granted accreditation on or before 4 July 2022 have also had their accreditation date automatically extended to 24 months.
Read more about the Accredited Employer Work Visa at the INZ website.
MyHR partners with New Zealand Shores to make it easy
To make the accreditation and employment process easier for our clients, we’ve partnered with leading immigration consultants, New Zealand Shores.
Together, we’ve created a one-of-a-kind accreditation package, exclusively for MyHR clients who want to employ migrant workers under the Accredited Employer Work Visa scheme. The package will ensure your business has all the documentation and processes ready for accreditation.
We will:
- Work with you and your managers to put in place new documentation and processes - this is the important paperwork and support systems you’ll need.
- Set up real-live performance reviews for everyone in your business, to demonstrate that you are committed to training and upskilling your employees (a key requirement from INZ).
- Once this is complete, we will hand you over to New Zealand Shores to guide you through the accreditation process. They will compile, submit, and manage your accreditation application with INZ.
Every element of our package has been reviewed by licensed immigration advisors to make this a very easy, low-risk process for your company.
If you’d like to know more or want to discuss MyHR’s support further, please contact us.
Other recent changes to immigration legislation
In August 2022, the government increased the number of people allowed into NZ under the Working Holiday Scheme to 12,000.
In September 2022, the government announced a number of changes to immigration settings:
- A reopening of the Pacific Access Category and Samoa Quota.
- An increase in the cap for the Recognised Seasonal Employer (RSE) scheme (to 19,000).
- A resumption of the Skilled Migrant Category and Parent Resident Visas.
- A 'special direction' Open Work Visa for former holders of a Post Study Work Visa (PSWV) who were unable to use it due to the border closing in March 2020.
- A Specific Purpose Work Visa for long-term critical workers.
In December 2022, more professions were added to the Green List for the Work to Residence Visa.
From February 2023, the Recovery Visa was added to the Specific Purpose Work Visa. The Recovery Visa allows employers to bring skilled migrants to New Zealand for up to 6 months to do a job that supports the recovery from Cyclone Gabrielle and other extreme North Island weather events.
Frequently asked questions
If I currently have migrants in my businesses on work visas, what do I need to do?
These changes to visa applications won't take effect until July 2022, and will then apply when you want to hire a new migrant worker, or renew the visa of someone in your business.
You can keep your current visa holders employed under the conditions of that visa, and nothing changes immediately.
If, for example, Susie the Software Developer has a work visa that expires on 31 November 2022 and you want to apply to renew her visa, then you can either apply to renew her visa before the July 2022 changes, or you’ll need to become accredited before applying to renew her visa after those changes take effect
Either way, nothing happens immediately when the changes take effect on 4 July 2022 (and you don’t need to fire her!).
I have an employee in my business on a partner visa. Do these changes apply to them?
No, these changes only apply to workers on temporary work visas.
See the list of visas affected by these changes at the INZ website.
