Viable and genuinely operating business

● be profitable (before depreciation and tax over the last 24 months).● have positive cash flow for each of the last 6 months.● have sufficient capital and external investment or funding (for example from a founder or parent company).● have a plan to ensure the business remains viable.

Businesses operating for less than 12 months must provide evidence of this criteria at application.

Evidence for businesses operating less than 12 months may include:● evidence of start-up capital or funding.● cash-flow or revenue forecasts.● contracts for work.● GST returns.● PAYE returns.
Most other employers will not need to provide evidence upfront, but evidence may be required to show you meet the requirements once the application is submitted or at any time during your accreditation.

Compliance and Legality

You or your key people must not have:

Pay recruitment costs

You must pay all recruitment costs in New Zealand and outside New Zealand. This includes, but is not limited to:● Advertising.● Recruitment agency fees.● Employer accreditation fees.● Job check application fees.● Trade testing.● Tools where the ownership is retained by the employer.● Compulsory training and induction.
You must not charge fees outside New Zealand which would be illegal if charged in New Zealand, including:● Payment to secure a job.● Bonding agreements illegally binding workers to a business.● Deductions that are unreasonable or not agreed in writing.

Provide settlement support

You must provide migrant workers with work-related settlement information within one month of the employee beginning their employment including:● How to get an IRD number● Relevant industry training and qualification information and options● Specific job or industry hazards.● Accommodation options● Transport options● Cost of living● How to access healthcare services● Citizens Advice Bureau services● Information about relevant community groups.● Your AEWV holder should be directed to appropriate websites with information about living in New Zealand.

How long you can be accredited

● When you are approved for the first time you will receive employer accreditation for 12 months. ● At renewal, franchises and employers placing migrants on AEWVs with controlling third parties will get accreditation for a further 12 months. ● All other employers will get accreditation for 24 months when they renew, providing their previous accreditation has not lapsed for 12 months or more.

Maintaining accreditation

● There may be checks during the accreditation period to ensure you still meet the accreditation requirements. This could include requesting information or doing a site visit.● You must provide information requested, and provide access for site visits. If you do not, your accreditation will be revoked.● If it is made aware at any point during the accreditation period that you do not meet the requirements, your accreditation will be revoked.● If you are under investigation or being prosecuted for breaching accreditation requirements, your accreditation can be suspended, and you won’t be able to support any job check applications.If any of the details you provided in your application change, this must be declared within 10 business days.● If you go through a restructure or merger, your accreditation cannot be transferred to a new legal entity. Any new entity will need to apply in their own right.● When you apply to renew accreditation, You may be asked for evidence you have completed any activities you were required to do during the previous accreditation period.

Highly paid jobs

● If the job is paid at least 200% of the median wage, you do not need to advertise the role.● Visas for these jobs can be for up to 3 years and can offer a pathway to residence. Further details for this pathway will be provided as part of the Skilled Migrant Category review.

All other jobs

● All other jobs must pay at least the median wage and you must have advertised to New Zealanders.● Visas for these jobs can be for up to 3 years.● The Government is considering whether there will be any exemptions to the requirement to pay at least the median wage, and restrictions for some other roles.

Advertising requirements

The terms and conditions of the job must be clear in the job advertisement. The employer must genuinely consider any New Zealanders who apply.
Advertising must:

Calculating the minimum pay rate

To accommodate the median wage threshold, INZ will provide more flexibility when calculating the minimum pay rate for the AEWV.
From 4 July 2022, employee’s pay will be averaged over the number of hours paid in the pay period. Employers will need to guarantee in their worker’s employment that the equivalent of the median wage will be paid per hour, in each pay cycle. Some employers may need to change employment agreements to provide these guarantees.

Multiple positions

Multiple positions for the same job can be included in one job check if the job details are the same (for example they have the same occupation, pay range, region or city and minimum job requirements), and are all covered by the same advertising (where required) and proposed employment agreement.

We strive to keep our clients well-informed on the process to avoid any unexpected inconveniences and delays. Here are several hints that will help you better organise all the necessary documentation as well as pass the process successfully.
If you want to apply for a work visa, you will have to provide either evidence of a current full-time job or a job offer. You should be registered if your profession demands it. 
If you are unsure about any of this, please feel free to contact us with any question.

Before you apply for a New Zealand work visa:

Submitting the visa application

Give your application the best chance of success by getting it checked by a licensed practitioner. Seeking expert advice like ours is the best way to ensure your New Zealand work visa application is not only approved, but done so in an expedient manner.
If necessary, INZ may ask you for more information to grant you a fair chance to obtain your New Zealand work visa. INZ will let you know about your visa status as soon as it’s decided.

After getting the visa

Once you have your work visa, apply for a tax record number, which you can do through the IRD. You’ll have to give this number to your employer once you have it and use it for all your tax matters.
Be aware of your rights as an employee. 
With all of the above, it is imperative to note that things can become overwhelming and confusing. But it doesn't have to be; reach out to us and we will guide you through this entire process. There is no step where we cannot advice and clarify. Trust in us and we will make sure your visa application process goes as smoothly as possible.

Post Study Open Work Visa

A Post-study work visa lets you work for any employer and in almost any job.Your partner can apply for a work visa and your dependent children can study fee-free as domestic students.