New Zealand announces changes to its AEW Visa

New Zealand, the country’s Accredited Employer Work Visa (AEWV) category has witnessed a sweeping transformation. Effective October 29, 2023, these changes are set to revolutionize the way accredited employers hire foreign workers and will have a profound impact on the employment scene in the Land of the Long White Cloud.

New Zealand: Removal of 90-Day Trial Periods

Arguably the most monumental change is the elimination of the controversial 90-day trial periods from employment agreements. This significant alteration intends to foster fairness and discourage employers from exploiting migrants through short-term trial employment.

The move underscores New Zealand’s commitment to ensuring that migrants are brought on board for genuine labor needs or skill gaps, rather than for temporary experiments.

Henceforth, job check applications under AEWV must not contain any traces of trial periods. Accredited employers found in violation of this rule risk losing their hard-earned accreditation, a penalty imposed to maintain compliance and fairness within the system.

AEWV Job Check Application Rejection

Another pivotal change is the rejection of AEWV Job Check applications that include employment agreements with trial periods, regardless of their submission date. This stringent rule will be strictly enforced after October 29, 2023.

However, it’s essential to note that this regulation does not apply to applications based on previously approved job checks or to migrants who submitted their AEWV applications based on a job check approved before the aforementioned date.

AEWV Employer Accreditation Updates

To provide clarity and transparency regarding the suspension or revocation of employer accreditation under the AEWV, New Zealand’s immigration instructions have undergone technical updates. As of October 29, 2023, accreditation can be suspended if Immigration New Zealand (INZ) or any other regulator actively verifies an employer’s adherence to immigration, employment, and business standards.

This includes formal investigations as well as general verification and compliance activities. Additionally, employers are explicitly prohibited from passing certain costs onto visa applicants and existing visa holders.

AEWV Labour Hire Employment Threshold Change

For accredited employers who are labour-hire firms placing migrants in specific construction roles, a substantial shift awaits. Starting November 27, 2023, they must ensure that a minimum of 35% of their labour-hire workforce consists of New Zealand citizens and residents in full-time employment.

This represents a significant increase from the previous 15% requirement. INZ will assess compliance with this new threshold during both the accreditation and Job Check stages. Employers already accredited at the 15% threshold will retain their current status but will need to meet the new threshold for future Job Check approvals.

Increased Processing Times

With a view to enhancing the accuracy and legitimacy of job listings and the ability of employers to justify hiring migrants, INZ has refined its AEWV assessment process. Consequently, the processing times for most applications have been extended, with a standard processing duration now exceeding 10 days.

Therefore, employers are strongly advised to allocate at least six weeks for the completion of accreditation and job check applications due to the current processing durations. In situations demanding urgent allocation, employers can make use of the INZ employment visa escalation process.

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