Navigating Post-Accreditation Checks: Why Employers May Urgently Need Expert Legal Assistance

By Bradley So | Immigration | Immigration Law

In the constantly changing and complex landscape of New Zealand's immigration system, staying compliant is more crucial than ever for employers. The Accredited Employer Work Visa (AEWV) program aims to streamline the hiring of migrant workers, but it also comes with stringent post-accreditation checks and potential risks in order to prevent migrant exploitation. Understanding these checks and how to navigate them can make a significant difference in maintaining your accreditation status and avoiding potential pitfalls. Today, we’re analysing the latest figures (released 2 July 2024) from Immigration New Zealand (INZ) and explain why expert legal assistance is essential for employers.

Key Figures from Immigration New Zealand

Post-Accreditation Checks:

• 4,075 checks have been completed on 2,983 employers.

• An additional 439 checks are currently underway.

Complaints and Investigations:

• 3,333 complaints have been lodged against accredited employers.

• There are 277 active investigations involving 267 employers.

Accreditation Status:

• 381 employers have had their accreditation revoked.

• 62 employers have had their accreditation suspended.

• 32 employers are under assessment for potential revocation of their accreditation.

Understanding the Implications

These figures highlight the rigorous scrutiny that accredited employers face. The fact that thousands of checks and numerous investigations are ongoing underscores the importance of compliance and vigilance. However, there are also several things to be aware of.

Complaints and allegations do not immediately mean that the employer is guilty of breaching their AEWV obligations. They are initial steps in a process that can eventually clear an employer of any alleged wrongdoing.

Accreditation revocations and suspensions are done for multiple reasons such as the business being liquidated and they are no longer suitable for accreditation. Revocations and suspensions do not always indicate misconduct. However, they still significantly impact a business's ability to hire migrant workers and operate smoothly.

Why Employers Need Legal Assistance

Given the complexity and high stakes involved in maintaining accreditation, employers can greatly benefit from expert legal guidance. Here’s why coming to us can make a difference:

Navigating Compliance: We help ensure that your business remains compliant with all relevant immigration and employment laws and regulations, minimizing the risk of post-accreditation checks resulting in negative outcomes.

Managing Complaints and Investigations: If your business faces complaints or investigations, our legal team can provide crucial support, helping you navigate the process effectively and protecting your interests.

Mitigating Risks: We proactively identify and mitigate potential risks that could lead to accreditation revocation or suspension, providing strategies to maintain your good standing.

Expert Representation: In cases where revocation or suspension is a possibility, we offer expert representation to defend your accreditation status, ensuring that your side of the story is heard and considered.

Staying compliant with INZ’s requirements is not just about meeting basic obligations; it's about safeguarding your business' ability to thrive and grow. The figures from INZ demonstrate the ongoing scrutiny that employers face, making expert legal assistance not just beneficial but essential. Let us help you navigate these complexities and maintain your accreditation with confidence. Contact us today to learn how we can support your business in this critical area. By partnering with our legal experts, you can focus on what you do best – running your business – while we handle the intricacies of immigration compliance and accreditation. Investing some time and cost with us may save you considerable downstream expenses.

For further assistance please contact the Immigration Team at:

Email: immigrationteam@queencitylaw.co.nz

Office phone: 970 8810

Bradley’s mobile number: 021 135 3364

Harris’ mobile number: 021 257 1828

Disclaimer:
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.