Guide to Post-Accreditation Checks for AEWV Employers

By Bradley So

How the checks are carried out

Immigration New Zealand (INZ) may complete checks to confirm you are meeting your obligations as an Accredited Employer. INZ will conduct checks on a proportion of accredited employers each year. A check can occur at any time while you are accredited; these checks can be both desk-based or through site visits.

Information Immigration New Zealand may request

INZ tries to do its checks using public information and information already held by the Ministry of Business, Innovation and Employment (MBIE). If INZ needs more information they will contact you, or in some cases, they may do a site visit.

You should make sure that, wherever possible, you have systems collecting this information. You do not need to record information separately if you already collect it through HR, accounting, or other processes.

The following are examples of the information INZ may look for or request as part of a post-accreditation check:

You have a viable, genuine business

Evidence may include, but is not limited to:

  • GST or PAYE records that show the IRD number for your business
  • Financial statements that show your business is financially viable

Note: To show you are financially viable your financial statements need to show that your business has either:

  • Not made a loss over the last 2 years, or
  • Had a positive cash flow each month for the last 6 months, or
  • Enough capital or external investment to remain viable, or
  • A credible 2-year plan to make sure it stays viable, for example, revenue forecast or cash flow projection.

You hold the correct type of accreditation

Your accreditation needs to be correct for your business type and the number of migrants you intend to hire.

If you currently hold standard accreditation, you can hire up to 5 migrants in total. Other types of accreditation have no limit.

Please note that you can apply to change your accreditation type in instances where you may want to hire additional employees and change from standard accreditation to high-volume accreditation. To do so you must apply for an upgrade at additional cost.

You are mindful of key people

You may need to provide evidence that key people in your organisation continue to meet immigration requirements.

Evidence may include, but is not limited to:

  • Documentation to show you regularly check these key people have not been temporarily stopped from recruiting migrant workers (that is, they are not on the stand-down list of non-compliant employers maintained by the Labour Inspectorate);
  • Declarations from these key people that they have not breached any employment or immigration laws or have any pending cases against them;
  • Details of those key people and their consent to share relevant information.

Note: INZ needs to be contacted within 10 working days if there are any changes to the above circumstances to the key people in your organisation.

You are being a responsible employer

You need to show that you are complying with the relevant employment and immigration legislation.

Evidence may include, but is not limited to:

  • Documentation of the checks on the visa status of your AEWV workers and the expiry dates on their visas (you can check using the VisaView online system);
  • Records that show you remind AEWV workers about their visa expiry date;
  • If there is a minimum and maximum number of hours on their visas, documentation of how you make sure they do not breach those limits.

Other employment responsibilities

Evidence may include, but is not limited to:

  • Certificates showing that anyone in your organisation who makes decisions about hiring migrant workers has completed the online learning modules about employer responsibilities;
  • Records of any complaints and proof you have followed the correct resolution procedures;
  • Keeping a risk and accident register;
  • Proof that you offer your employees health and safety training;
  • Records of the hours worked, payment of wages and PAYE, and holidays and leave taken by your AEWV employees;
  • Showing employment agreements for every AEWV employee.

You are helping your migrant workers settle in New Zealand

You need to meet INZ’s requirements around helping AEWV employees settle in New Zealand within their first month of employment. Evidence could include:

  • Induction plans that show you have built-in time for your AEWV employees to complete the online learning modules about their employment rights;
  • Certificates showing, they have completed the online learning modules;
  • Correspondence confirming you gave them paid time to complete the modules;
  • Copies of the settlement support information you have provided to your AEWV employees.

This is only a brief over of the post-accreditation checks that can be carried out by INZ. If you require more in-depth information or personalised advice, please free to contact us directly and we can assist your company.

We have taken care to ensure that the information given is accurate, however it is intended for general guidance only and it should not be relied upon in individual cases. Professional advice should always be sought before any decision or action is taken.