Introduction: Navigating the Immigration Landscape

For businesses in New Zealand looking to fill labour shortages, hiring skilled workers from overseas is often necessary because of skill shortages or the limited availability of workers in more remote towns around the country.

This process is governed by immigration requirements designed to protect migrant workers and the New Zealand labour market by ensuring that suitable job opportunities are offered to New Zealand citizens and residents first.

There is a three-stage process that both the business and the migrant worker need to complete before the worker can begin employment. For employers supporting a migrant’s application for a New Zealand work visa, accreditation with Immigration New Zealand (INZ) is generally the first step.

Employer accreditation is mandatory for any business intending to support a migrant worker’s application for an Accredited Employer Work Visa (AEWV).

For businesses researching accredited employers New Zealand requirements, this article outlines the accreditation process, the application stages and the responsibilities that come with hiring workers from overseas.

What Is Accreditation?

Accreditation is a prerequisite for a New Zealand employer that wants to hire migrants under the AEWV scheme. It provides assurance to INZ that the business is genuine, financially viable, compliant and responsible.

The scheme replaced previous work visa categories, including the Essential Skills Work Visa, and is structured around a three-stage process:

Accreditation: The business applies to INZ and is approved to employ migrant workers.

Job Check: The business demonstrates that the position is genuine, meets the relevant employment requirements and, where required, has been advertised to determine whether a suitable New Zealand citizen or resident is available.

Migrant Check: The successful candidate applies for the AEWV and demonstrates that they meet the job requirements, INZ’s minimum skill requirements, and the relevant identity, character and health standards. English language requirements may also apply to some roles.

An employer must first receive accreditation, followed by an approved Job Check, before inviting a migrant worker to apply for an AEWV.

The Three Types of Accreditation

There are three types of accreditation. The appropriate type depends on the number of migrant workers the business intends to employ and whether the workers will be placed with another business.

1. Standard Accreditation

Maximum number of AEWV holders supported at one time: Up to five.

This option is generally suitable for small and medium-sized businesses that intend to employ a limited number of migrant workers.

2. High-Volume Accreditation

Maximum number of AEWV holders supported at one time: Six or more.

This option applies to businesses that intend to employ more than five migrant workers at the same time.

3. Triangular Employment Accreditation

Maximum number of AEWV holders supported at one time: No set limit.

This option applies to businesses that directly employ migrant workers but place them with controlling third parties to perform their work.

Most small and medium-sized businesses will initially apply for Standard Accreditation. An initial accreditation is generally valid for 12 months. On renewal, Standard and High-Volume Accreditations are normally valid for 24 months, while Triangular Employment Accreditation remains valid for 12 months.

Essential Requirements for Standard Accreditation

To receive Standard Accreditation, a business must demonstrate to INZ that it meets several core requirements.

1. Business and Financial Compliance

Financial viability: The business must be viable and genuinely operating. INZ may request financial records showing that the business has not made a loss over the previous two years, has maintained positive cash flow, has sufficient capital or external investment, or has a credible plan to remain viable.

Business registration: The business will generally need a New Zealand Business Number, Business Industry Classification code and Inland Revenue number.

Compliance of key people: The business and its key people must not be subject to a relevant stand-down period or prohibited from employing migrant workers because of previous immigration, employment or business breaches.

2. Fair Employment Practices

Legal compliance: The business must comply with relevant New Zealand employment, immigration, workplace health and safety, and business laws. This includes requirements under legislation such as the Minimum Wage Act and Holidays Act.

Employment documentation: The business must provide compliant employment agreements and maintain accurate employment records.

No unlawful fees or deductions: Employers must not charge migrant workers for accreditation, Job Check or recruitment costs. They must not require payment to secure employment, use unlawful bonding agreements or make unreasonable deductions from wages.

3. Training and Settlement Support

Employers should continue to train and upskill New Zealand workers where possible.

Accredited businesses must also provide AEWV employees with information about living and working in New Zealand within the first month of employment. This is particularly important for workers beginning immigration to New Zealand and adapting to a new country.

The information should include, where relevant:

  • how to apply for an IRD number;
  • accommodation and transport options;
  • the cost of living;
  • access to healthcare services;
  • employment rights and responsibilities;
  • tenancy information; and
  • access to local community and social services.

Employers should retain evidence showing that this information was provided to each worker.

The Job Check Stage

Once accredited, the employer must apply for a Job Check for each role it intends to fill with an overseas worker.

A labour market test is generally required unless the position is exempt. Exemptions may apply where the job meets Green List requirements, pays at least NZD $70 per hour or falls within another recognised exemption.

The Job Check confirms several important matters.

Genuine Need

The position must be genuinely required and provide full-time employment, with at least 30 guaranteed hours of work per week.

Market Rate

The pay and employment conditions must comply with New Zealand employment law and reflect the market rate for the position.

Advertising

Unless an exemption applies, the employer must advertise the position and make genuine attempts to recruit a suitable New Zealand citizen or resident.

Jobs at ANZSCO skill levels 1 to 3 generally need to be advertised for at least 14 calendar days. Jobs at ANZSCO skill levels 4 and 5 generally need to be advertised for at least 21 calendar days, and the employer must also engage with Work and Income.

The advertisement should include:

  • the job title and location;
  • the key duties and responsibilities;
  • the minimum and maximum rate of pay;
  • the type of work and guaranteed hours; and
  • the required skills, experience and qualifications.

A Job Check can include multiple positions where the occupation, pay, location, employment conditions and minimum requirements are the same. Once approved, the Job Check is generally valid for six months.

The Migrant’s AEWV Application

After the Job Check has been approved, the employer can identify a suitable candidate and invite them to apply for an AEWV.

Before sending the invitation, the employer must take reasonable steps to check that the candidate has the qualifications, skills or experience required for the role.

The employer must also give the candidate:

  • a signed offer of employment;
  • a copy of the proposed employment agreement; and
  • the online invitation needed to begin the application.

The migrant worker must then demonstrate that they meet the requirements of the approved position and the relevant health, character, identity, skills and English language requirements.

Workers can use the official INZ tool commonly searched for as the accredited employers list New Zealand to check whether a business is currently shown as accredited. However, some businesses may choose not to appear publicly, so the worker may also need to confirm the employer’s status directly.

Ongoing Responsibilities and Compliance

Accreditation is not a one-off event. It comes with continuing responsibilities and may be reviewed during the accreditation period or when the business applies for renewal.

Notification of Changes

Employers must notify INZ if:

  • an AEWV worker stops working for the business;
  • key people in the organisation change;
  • the business undergoes a restructure;
  • the business enters liquidation or bankruptcy; or
  • other significant changes affect its ability to meet the accreditation requirements.

Changes to key people must generally be reported within 10 working days.

Record Keeping

Employers should retain accurate records, including:

  • employment agreements;
  • wage and time records;
  • holiday and leave records;
  • evidence of recruitment efforts;
  • evidence that candidates were suitably qualified;
  • copies of employees’ visas; and
  • evidence that settlement support was provided.

These records should be readily available if INZ carries out a compliance check.

Compliance Checks

INZ checks a proportion of accredited businesses each year. Checks may be random, targeted, completed remotely or conducted through a site visit.

INZ may assess whether the business remains financially viable, holds the correct type of accreditation, complies with employment and immigration law, keeps appropriate records and provides the required support to migrant workers.

Penalties for Non-Compliance

Breaching immigration or employment requirements can result in serious consequences, including:

  • fines or prosecution;
  • suspension or revocation of accreditation;
  • a stand-down period preventing the business from hiring migrant workers; and
  • restrictions on supporting future visa applications.

Businesses should therefore view accreditation not simply as permission to hire overseas workers, but as a commitment to responsible immigration and employment practices.

Seeking professional legal and immigration advice can help businesses maintain compliance and reduce the risk of recruitment disruption or visa delays. Advice may also help employers and workers understand whether other New Zealand visa options are available based on their circumstances. If your business is exploring accreditation, feel free to contact Michelle to start the initial process.

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