New Work Visa Process – information for employers and employees

Stewart from D&S Law was invited by the government to sit on a consultation group looking at exploitation of migrant workers. One of the suggested ways of tackling migrant worker exploitation was a shakeup of the current employer assisted work visa process.

From mid-2021, Immigration New Zealand will introduce a new employer-assisted work visa, which will replace 6 current work visas, including two of the most popular: Essential Skills Work Visa and Talent (Accredited Employer) Work Visa. It will also introduce mandatory accreditation for all employers wanting to hire migrant workers.

There are changes for both employees and employers.

Changes for employers

For employers, you will need to have gained accreditation from Immigration New Zealand before you will be eligible to employer migrant workers. There are two main tiers of accreditations: standard for employers wishing to hire upwards of 5 migrant workers in any given year, and high volume for employers wishing to hire 6 or more migrant workers in any given year. Franchises and Labour Hire Companies will need to meet, yet undisclosed, additional criteria.  

The exact process has yet to be announced for accreditation. D&S Law, however, understands that the rationale behind the new process is tackling migrant worker exploitation, ensuring compliance with employment laws, improving pay and employment conditions, and ensuring New Zealanders are not disadvantaged. Accordingly, expect to see an accreditation system that has a similar focus.  

Employers will still need to demonstrate that the rate of pay meets the market rate, the terms and conditions of employment comply with employment laws and have conducted a labour market test if you need to show that no New Zealanders were available or able to be trained to do the job offered.

Changes for Employees

The main changes for migrant workers are the scrapping of 6 work visa categories into a single employer-assisted work visa, and that you will not obtain a work visa if your proposed employer has not gained accreditation. The loss of the Talent (Accredited Employer) Work Visa will also be a real blow to many who are unable to gain residence through the Skilled Migrant Category.

Migrant workers will still be required to meet character, identity, and health requirements, and be able to demonstrate that they have the skills to do the job before being granted a visa.

The new visa will still have conditions specifying an employer, job, and location.

Those currently on work visas that are due to be scrapped will remain on their visas until they expire. Thereafter, they will need to follow the new process.

D&S Law have the experience and expertise to advise both employers and employees on all aspects of work visas and accreditation. While the changes are not due to be brought in until mid-2021, we recommend that employers begin the process now of ensuing they are able to comply with the new accreditation process. Contact stewart@dslaw.nz or pooja@dslaw.nz for more information and assistance.