Employer Accreditation

Employer accreditation is Immigration New Zealand's way of ensuring that businesses hiring overseas workers meet acceptable standards for workplace practices and employment conditions. The system replaced previous employer-assisted work visa categories and now covers most temporary work visa applications, including the Accredited Employer Work Visa.

To become accredited, employers must demonstrate they are a genuine business operating lawfully in New Zealand, have a good track record of compliance with employment and immigration law, and can provide acceptable terms and conditions of employment. The accreditation is not job-specific but applies to your business as a whole, allowing you to hire multiple overseas workers once approved.

The accreditation system aims to protect migrant workers from exploitation while providing employers with a more efficient pathway to recruit international talent. However, it also places significant compliance obligations on employers that must be understood and managed carefully.

Immigration New Zealand assesses employer accreditation applications against several key criteria. Your business must be operating lawfully in New Zealand with appropriate registrations and licenses for your industry. You need to demonstrate financial stability and the ability to meet employment obligations, including paying wages and providing the working conditions promised to migrant employees.

A crucial requirement is having a satisfactory history of compliance with employment and immigration law. This includes having no significant breaches of employment standards, no history of exploiting migrant workers, and no outstanding penalties or sanctions from relevant government agencies. Immigration New Zealand will check your compliance history with agencies including the Ministry of Business, Innovation and Employment, Inland Revenue, and ACC.

You must also show that you can provide acceptable terms and conditions of employment that meet New Zealand employment law standards. This includes demonstrating that the roles you're offering are genuine, necessary for your business, and offer fair remuneration and working conditions comparable to those provided to New Zealand workers in similar positions.

The employer accreditation application requires comprehensive documentation about your business operations, financial position, and employment practices. You'll need to provide business registration details, financial statements, tax compliance certificates, and evidence of your workplace policies and procedures.

Key documents typically include your company's certificate of incorporation or business registration, recent financial statements or management accounts, IRD tax compliance certificates, and evidence of ACC coverage. You'll also need to provide details of your employment policies, including recruitment procedures, employment agreements templates, and workplace health and safety policies.

The application form itself requires detailed information about your business structure, ownership, key personnel, and the types of roles you intend to fill with migrant workers. You must also declare any previous immigration or employment law issues and provide character references for key decision-makers in your business. Incomplete applications are a common cause of delays, so ensuring all required documentation is provided upfront is essential.

Once accredited, employers must meet ongoing compliance obligations throughout the period of their accreditation. These obligations include maintaining accurate employment records, ensuring migrant employees receive the terms and conditions specified in their employment agreements, and notifying Immigration New Zealand of significant changes to your business or employment arrangements.

You must keep detailed records of all migrant employees, including copies of employment agreements, payroll records, and evidence that employees are receiving their agreed wages and working conditions. These records must be available for inspection by Immigration New Zealand compliance officers, who may conduct workplace visits or audits.

Notification obligations include informing Immigration New Zealand if your business structure changes significantly, if you cease trading, or if there are changes to key personnel. You must also report if a migrant employee's employment ends earlier than expected or if there are significant changes to their role or working conditions. Failure to meet these obligations can result in sanctions, including suspension or cancellation of your accreditation status.

In addition to employer accreditation, most positions offered to migrant workers require a separate job check approval from Immigration New Zealand. The job check process assesses whether the specific role is genuine, necessary, and offers acceptable terms and conditions.

The job check evaluates factors including the genuineness of the position, whether efforts have been made to recruit New Zealand workers first, the appropriateness of the remuneration offered, and whether the role aligns with New Zealand's economic and social objectives. Some roles may be exempt from job check requirements, particularly those in high-demand occupations or meeting specific criteria.

The job check application must demonstrate that the role is essential to your business operations and that you've made genuine efforts to recruit suitable New Zealand workers. This typically involves advertising the position through appropriate channels and providing evidence of your recruitment efforts. The process can take several weeks, so planning ahead is important when you need to hire overseas workers for specific positions.

Immigration New Zealand actively monitors accredited employers to ensure ongoing compliance with their obligations. This monitoring can include workplace visits, document reviews, interviews with employees, and investigations triggered by complaints or concerns about workplace practices.

Compliance officers have broad powers to inspect workplaces, review employment records, and interview both employers and employees. They may conduct announced or unannounced visits and can require you to provide additional documentation or information about your employment practices. Cooperation with compliance monitoring is mandatory and refusal to comply can result in serious consequences.

Enforcement actions for non-compliance can range from warnings and improvement notices to suspension or cancellation of accreditation status. Serious breaches may also result in prosecution and significant financial penalties. The consequences of losing accreditation status can be severe for businesses that rely on migrant workers, as it prevents you from hiring overseas workers and may affect existing employees' visa status.

Many employers encounter challenges during the accreditation process, often related to documentation requirements or understanding compliance obligations. Common issues include inadequate financial documentation, unclear employment policies, or insufficient evidence of genuine business operations. Small businesses may struggle to demonstrate the same level of formal processes as larger organisations, but Immigration New Zealand recognises that compliance systems should be proportionate to business size.

Record-keeping is a frequent area of non-compliance, with employers failing to maintain adequate documentation of employment arrangements or not keeping records in the format required by Immigration New Zealand. This can create significant problems during compliance monitoring and may result in sanctions even if the underlying employment practices are acceptable.

Another common pitfall is misunderstanding the scope of notification obligations, with employers failing to report changes that Immigration New Zealand considers significant. This can include changes to business ownership, key personnel, or the nature of business operations. Understanding exactly what changes must be reported and when is crucial for maintaining compliance status.

Given the complexity of employer accreditation requirements and the serious consequences of non-compliance, many businesses benefit from legal assistance throughout the process. An immigration lawyer can help ensure your application is complete and accurate, reducing the risk of delays or decline due to documentation issues.

Legal assistance is particularly valuable if your business has any compliance history issues, complex ownership structures, or operates in industries with specific regulatory requirements. Lawyers can help address potential concerns proactively and present your application in the best possible light to Immigration New Zealand.

Ongoing legal support can also be valuable for maintaining compliance with your accreditation obligations. This might include regular compliance reviews, assistance with notification requirements, or representation during compliance monitoring visits. If you face enforcement action or your accreditation status is threatened, immediate legal assistance is essential to protect your business interests and ability to employ migrant workers.