1. Viable and genuinely operating business
- You must be a viable and genuinely operating business.
- You must be registered as an employer with Inland Revenue (IRD).
- Your business must meet one of these:
- 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.
2. 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.
You or your key people must not have:
- employed a migrant who did not have the right visa or visa conditions to work in that role
- provided false or misleading information to INZ.
- If you have, you need to have addressed the non-compliance and taken steps to prevent it re-occurring before you can get AEWV accreditation.
- You or your key people must not be banned from acting as a director or have a pattern of immigration offences in other businesses you or your key people have been involved in.
- A business with compliance failures cannot be closed and opened again under a new name to dodge those failures. We will still take the compliance issues in the previous business into account.
4. Completed employer learning modules
You must ensure everyone making recruitment decisions completes Employment New Zealand's most recent online employer modules on employment rights.
This could include hiring managers, human resource managers, sole traders, and partners. This only applies to those involved in hiring AEWV holders.
You must keep records of all of the modules being completed. The modules must be completed once within every accreditation period and finished before that period ends.
5. Pay recruitment costs
You must pay all recruitment costs in New Zealand and outside New Zealand.
This includes, but is not limited to:
- 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.
6. 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.
7. Let employees complete learning modules
You must allow migrant workers time to complete all of Employment New Zealand's most recent online employee modules on employment rights during paid work hours within one month of the AEWV holder starting employment.
How long you can be accredited
When you are approved for the first time you will receive employer accreditation for 12 months.
At renewal, franchisees 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.
We may do 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 we become 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 you must tell us 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, we may ask for evidence you have completed any activities you were required to do during the previous accreditation period.