How Employer Accreditation Works
Insight
Employer accreditation is a gateway that allows New Zealand businesses to hire skilled migrant workers, but the application process involves strict compliance requirements and detailed documentation. Understanding how the system works before you apply can save time, money, and prevent costly mistakes that could delay your ability to recruit the workers you need.
Employer accreditation is a system that allows New Zealand employers to hire migrant workers for roles that cannot be filled by New Zealand citizens or residents. This process, managed by Immigration New Zealand, requires businesses to demonstrate they are genuine, compliant employers who will provide fair working conditions and meet their obligations to migrant employees.
The accreditation system affects any business wanting to hire workers on most work visas, including the Accredited Employer Work Visa (AEWV). Without proper accreditation, employers cannot sponsor migrant workers, making this a critical step for businesses facing skills shortages or needing to recruit internationally.
Types of Employer Accreditation
Immigration New Zealand offers different types of employer accreditation depending on your business structure and needs. Standard accreditation is the most common option, suitable for most businesses that want to hire migrant workers directly. This requires demonstrating your business is genuine, financially viable, and committed to meeting employment standards.
Franchise accreditation is available for established franchise operations, allowing the franchisor to obtain accreditation that covers multiple franchise locations. This can streamline the process for franchise businesses but requires meeting additional criteria around franchise management and oversight.
Triangular employment accreditation applies to more complex employment arrangements where workers are employed by one entity but work for another, such as labour hire or contracting arrangements. Each type has specific requirements and obligations, so choosing the right accreditation type is crucial for your application's success.
Eligibility Requirements for Accreditation
To qualify for employer accreditation, your business must meet several fundamental requirements. You must be operating a genuine business in New Zealand with a proven track record of compliance with employment and immigration laws. Immigration New Zealand will assess your business's financial stability, management structure, and ability to provide ongoing employment.
Your business must demonstrate it can meet the terms and conditions offered to migrant employees, including salary, working conditions, and any other commitments made in job offers. You'll need to show you understand and can comply with New Zealand employment law, including minimum wage requirements, holiday entitlements, and health and safety obligations.
Businesses with poor compliance history, including employment law breaches, tax issues, or previous immigration violations, may face additional scrutiny or be declined. Immigration New Zealand also considers the character and suitability of key personnel involved in managing migrant employees.
The Application Process Explained
The employer accreditation application process begins with gathering comprehensive documentation about your business operations, financial position, and employment practices. You'll need to provide business registration documents, financial statements, employment policies, and evidence of your compliance history with various government agencies.
The application form requires detailed information about your business structure, key personnel, and the types of roles you intend to fill with migrant workers. You must also provide a detailed business case explaining why you need to hire migrant workers and how this fits with your business operations and growth plans.
Once submitted, Immigration New Zealand will assess your application against their criteria, which may include requesting additional information or conducting site visits. The assessment process examines your business's genuineness, your ability to meet employment obligations, and your understanding of the responsibilities that come with hiring migrant workers.
Step 1
Prepare Required Documentation
Gather all necessary business documents, financial records, employment policies, and compliance evidence required for your application type.
Step 2
Complete Application Form
Fill out the detailed application form with accurate information about your business, personnel, and intended use of migrant workers.
Step 3
Submit Application and Pay Fees
Submit your complete application with all supporting documents and pay the required Immigration New Zealand fees.
Step 4
Assessment and Response
Respond promptly to any requests for additional information during the assessment period, which typically takes 20-25 working days.
Documentation Requirements and Evidence
Warning: Providing incomplete or inaccurate documentation is a common reason for application delays or declines. Ensure all documents are current, certified where required, and clearly demonstrate how your business meets the accreditation criteria.
Successful employer accreditation applications require extensive documentation to prove your business meets Immigration New Zealand's requirements. Financial documents typically include recent financial statements, tax returns, and evidence of your business's financial stability and ability to pay the wages offered to migrant employees.
You'll need to provide comprehensive employment documentation, including your employment policies, standard employment agreements, evidence of current employees' terms and conditions, and records demonstrating compliance with employment law. This includes payroll records, holiday and leave records, and any workplace health and safety documentation.
Business operation evidence includes your business registration, any relevant licenses or certifications, organisational charts showing management structure, and detailed job descriptions for roles you intend to fill with migrant workers. Immigration New Zealand may also require character references for key personnel and evidence of your understanding of immigration and employment obligations.
Assessment Criteria and Decision Factors
Immigration New Zealand assesses employer accreditation applications against specific criteria designed to ensure only suitable employers can hire migrant workers. The assessment examines whether your business is genuine and operating legally in New Zealand, with particular attention to your compliance history with employment, tax, and other relevant laws.
Financial viability is a key factor, with assessors reviewing whether your business can sustain the employment of migrant workers and meet all financial obligations, including wages, taxes, and other employment-related costs. They also assess your business's management capability and whether key personnel have the experience and character suitable for managing migrant employees.
The assessment includes evaluating your understanding of employment law obligations and your commitment to providing fair working conditions. Immigration New Zealand considers whether you have appropriate systems and processes in place to manage migrant employees and meet ongoing compliance requirements once accredited.
Understanding the Job Check Process
Once you have employer accreditation, you must complete a job check for each specific role you want to fill with a migrant worker. The job check process ensures the role is genuine, cannot be filled by a New Zealand worker, and meets minimum standards for migrant employment.
Job checks require detailed information about the specific role, including job description, salary and conditions, skills and experience requirements, and evidence of your recruitment efforts to find New Zealand workers. You must demonstrate that you've made genuine efforts to recruit locally before seeking to hire a migrant worker.
The job check assessment considers whether the role is necessary for your business operations, whether the offered terms and conditions meet New Zealand standards, and whether the role provides a genuine opportunity for the migrant worker. For more detailed information about this process, see our guide on job check requirements.
Ongoing Obligations for Accredited Employers
Key insight: Many employers underestimate the ongoing administrative burden of maintaining accreditation. Setting up proper systems and processes from the start can prevent compliance issues and ensure you can continue hiring migrant workers when needed.
Employer accreditation comes with significant ongoing obligations that continue throughout the period you employ migrant workers. You must maintain accurate employment records for all migrant employees, including contracts, payroll records, and documentation of any changes to employment terms or conditions.
Accredited employers must ensure migrant employees receive the terms and conditions promised in their job offers and employment agreements. This includes paying the agreed salary, providing the specified working conditions, and meeting all employment law requirements such as holiday pay, sick leave, and health and safety obligations.
You're required to notify Immigration New Zealand of certain changes, including significant business changes, changes to key personnel, or if a migrant employee's employment ends earlier than expected. Regular compliance monitoring may occur, and failure to meet your obligations can result in accreditation being suspended or revoked, affecting your ability to hire future migrant workers.
Common Challenges and How to Avoid Them
Warning: Attempting to rush the application process or providing incomplete information to meet urgent hiring deadlines often backfires, resulting in longer delays or application decline. Start the accreditation process well before you need to hire migrant workers.
Many employer accreditation applications face delays or declines due to common issues that can be avoided with proper preparation. Insufficient financial documentation is a frequent problem, particularly for newer businesses or those with complex financial structures. Ensuring your financial records clearly demonstrate business viability and ability to meet employment obligations is crucial.
Compliance history issues can significantly impact your application, even for relatively minor past breaches of employment or tax law. Being transparent about any compliance issues and demonstrating how you've addressed them can help, but serious or repeated breaches may result in decline.
Poor understanding of employment law obligations is another common issue, particularly around minimum wage requirements, holiday entitlements, and workplace rights. Immigration New Zealand expects accredited employers to have a thorough understanding of their legal obligations and systems in place to meet them consistently.
Frequently Asked Questions
How long does employer accreditation take to process?
Standard employer accreditation applications typically take 20-25 working days to process once Immigration New Zealand receives a complete application. However, processing times can vary depending on the complexity of your application and current workload.
If additional information is requested, this can extend the timeframe. Premium processing options may be available for an additional fee, reducing processing time to around 10 working days.
What happens if my employer accreditation application is declined?
If your application is declined, Immigration New Zealand will provide reasons for the decision. You may be able to address the issues and reapply, or in some cases, request a review of the decision.
Common reasons for decline include insufficient evidence of genuine business operations, concerns about compliance history, or failure to meet specific criteria for your chosen accreditation type. An immigration lawyer can help you understand the reasons and advise on next steps.
Can I hire migrant workers while my accreditation application is being processed?
Generally, you cannot hire migrant workers requiring employer accreditation until your application is approved. However, there may be some exceptions depending on the type of visa and specific circumstances.
If you have urgent staffing needs, it's important to discuss your options with an immigration lawyer who can advise on any interim arrangements or alternative visa pathways that might be available.
What are the ongoing obligations once I have employer accreditation?
Accredited employers must meet ongoing compliance requirements including maintaining accurate employment records, ensuring migrant employees receive their agreed terms and conditions, and reporting certain changes to Immigration New Zealand.
You must also notify Immigration New Zealand of significant business changes, maintain your accreditation status through renewals, and may be subject to compliance monitoring. Failure to meet these obligations can result in accreditation being revoked.
How much does employer accreditation cost?
Immigration New Zealand charges application fees for employer accreditation, which vary depending on the type of accreditation you're applying for. Standard accreditation fees are typically several hundred dollars, while franchise accreditation may cost more.
Additional costs may include premium processing fees if you need faster processing, and legal fees if you engage an immigration lawyer to assist with your application. The total investment should be weighed against the benefits of being able to hire skilled migrant workers.
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Get help with employer accreditation
Navigating the employer accreditation process can be complex, with strict requirements and potential consequences for getting it wrong. Find A Lawyer connects you with immigration law firms who specialise in employer accreditation applications.
Our network of experienced immigration lawyers can guide you through the accreditation process, help you understand your obligations, and ensure your application meets Immigration New Zealand's requirements. Get matched with the right legal expertise for your business needs.