Laurent Lore

Corporate Edition

October 2024

Good morning Simon,

In our last newsletter, we discussed the government's 7 April 2024 announcements on significant changes to the Accredited Employer Work Visa (AEWV) Scheme. As of 7 October 2024, further developments have come into effect, which we will outline in this issue. Immigration New Zealand (INZ) has also increased its efforts to investigate employers who may be in breach of their accreditation requirements.


We continue to solve the difficult situations for visa applicants and employers. Get in touch if you need professional help. The easiest way to schedule a meeting is through our website's online booking system, where you can arrange a video call or in-person consultation.


Simon Laurent

Principal

slaurent@laurentlaw.co.nz

AEWV Prioritisation Process

Hiring a migrant worker under the AEWV scheme can feel like running a marathon— taking at least six months to complete the process. Navigating the three-stage procedure has become increasingly challenging for employers and migrants alike.


To address these delays, earlier this month, INZ introduced a new system aimed at improving wait times. Applications for employer accreditation, Job Check, and AEWVs are now grouped by sector, location, or other similarities, and allocated to dedicated teams for faster processing. You can see which groups are being prioritised for allocation on INZ’s website, with updates occurring weekly. All other applications will continue to be processed in date order from oldest to newest.

Engaging with Work and Income

From 7 October 2024, Licensed Immigration Advisers and other immigration professionals can no longer engage directly with Work and Income on behalf of employers. Before submitting a Job Check application, employers must liaise with Work and Income for most ANZSCO Level 4 or 5 vacancies. While immigration professionals can still assist with the Work and Income form, they will need to provide the contact details of a person responsible for hiring decisions, such as the employer’s hiring manager, human resources manager, or owner/operator.


This contact person can also be from an external recruitment agency, as long as they are involved in hiring decisions and are not providing immigration advice on the employer’s Job Check application.

Employer Investigations

In the last financial year, INZ’s investigation teams received 2,881 complaints, leading to 860 investigation actions, including the prosecution of 9 individuals. Additionally, 1,338 complaints were resolved without the need for formal investigation. If no sufficient evidence of criminal activity is found, cases are closed. More detailed figures on investigation cases received and completed can be found on INZ’s website.


INZ has the authority to revoke an employer’s accreditation if breaches of accreditation standards are identified. However, there is a due process for determining whether to suspend or revoke accreditation, with cases assessed individually by various MBIE departments, including INZ.


We have successfully represented employers caught in disputes involving migrant workers. If you notice such issues arising in your workplace, we strongly recommend seeking legal advice before the matter escalates.

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