Accredited Employer Work Visa (AEWV)
Insight
The AEWV system requires careful coordination between you and your employer, with strict requirements that must be met at every stage. Early legal advice can help identify potential issues and ensure your application has the best chance of success.
The Accredited Employer Work Visa (AEWV) is New Zealand's primary work visa pathway for most temporary workers. Introduced in 2022, this visa requires your employer to be accredited with Immigration New Zealand and to complete a job check process before you can apply for your visa. The AEWV system is designed to ensure that migrant workers fill genuine skill shortages while protecting the local labour market.
Understanding the AEWV process is crucial for both employers and workers, as it involves multiple stages and strict requirements. From employer accreditation through to visa approval, each step must be completed correctly to avoid delays or declined applications. The complexity of this system means that professional guidance can be invaluable in navigating the requirements successfully.
Understanding the AEWV System
The Accredited Employer Work Visa system operates on a three-stage process designed to protect New Zealand workers while allowing employers to recruit skilled migrants when necessary. This system replaced most other temporary work visa categories and represents a significant shift in how New Zealand manages temporary migration.
The first stage involves employer accreditation, where employers must demonstrate they are legitimate businesses with a history of compliance with employment and immigration law. The second stage is the job check, where Immigration New Zealand assesses whether the specific role meets requirements and whether there are suitable New Zealand workers available. Only after these stages are complete can you, as the worker, apply for your visa.
This system places significant responsibility on employers to understand and comply with their obligations. For workers, it means your visa application success depends not only on your own qualifications and circumstances, but also on your employer's compliance and the nature of the role being offered. Understanding how these stages work together is essential for a successful application.
Employer Accreditation Requirements
Before an employer can hire migrant workers under the AEWV system, they must become accredited with Immigration New Zealand. This accreditation process involves demonstrating that the business is legitimate, financially viable, and has a good track record of compliance with employment and immigration law.
Employers must provide evidence of their business operations, including financial statements, employment records, and details of their compliance history. They must also commit to meeting specific standards around employment conditions, including paying at least the median wage for most roles and ensuring working conditions meet New Zealand employment law requirements.
The accreditation is not permanent and must be renewed periodically. Employers can lose their accreditation if they fail to meet their obligations, which would affect any workers employed under AEWV. As a potential AEWV holder, it's important to ensure your employer maintains their accreditation throughout your employment, as this directly affects your visa status.
The Job Check Process
The job check process can take several weeks, and employers cannot make firm job offers until it's approved. This timing is crucial for planning your move to New Zealand.
Once an employer is accredited, they must complete a job check for each role they want to fill with a migrant worker. This process involves demonstrating that the role meets specific requirements and that there are no suitable New Zealand workers available for the position.
The job check assesses factors including the wage offered (which must meet minimum thresholds), the skill level of the role, and whether the employer has made genuine efforts to recruit New Zealand workers. For many roles, employers must advertise the position and demonstrate that they couldn't find suitable local candidates before they can proceed with hiring a migrant worker.
Different types of roles have different requirements during the job check process. Some highly skilled roles or those in sectors with recognised skill shortages may have streamlined requirements, while others require more extensive labour market testing. Understanding which category your role falls into can help you and your employer prepare for the job check process effectively.
Visa Application Requirements
Once your employer has completed the job check process successfully, you can apply for your AEWV. Your application must demonstrate that you meet health, character, and other immigration requirements, and that you have the skills and experience necessary for the role.
Key requirements include providing evidence of your qualifications and work experience, undergoing medical examinations if required, and providing police certificates from countries where you've lived. You must also demonstrate that you have sufficient funds to support yourself and any family members accompanying you to New Zealand.
The visa application must be consistent with the job check approval, including details about the role, salary, and working conditions. Any significant changes from what was approved in the job check may require a new job check or could result in your visa application being declined. Accuracy and consistency across all documentation is crucial for a successful application.
Wage and Skill Requirements
Wage requirements are regularly updated and vary by region. Ensure you're working with current wage thresholds when preparing your application.
The AEWV system includes specific wage and skill requirements designed to ensure that migrant workers are employed in genuine skilled roles and receive fair compensation. Most AEWV roles must pay at least the median wage, though some exceptions apply for certain sectors or types of work.
The skill level of the role is assessed based on the Australian and New Zealand Standard Classification of Occupations (ANZSCO). Generally, roles must be skilled (ANZSCO levels 1-3) to qualify for an AEWV, though some lower-skilled roles may be eligible in sectors with recognised labour shortages.
These requirements can be complex, particularly for roles that don't fit neatly into standard classifications or where wage structures vary significantly. Employers and workers need to carefully consider how their specific situation aligns with these requirements, as misclassification can lead to declined applications or compliance issues later.
Application Process and Timeline
The AEWV application process involves several stages, each with its own timeline and requirements. Understanding this timeline is crucial for planning your move to New Zealand and ensuring you can start work when intended.
The process typically begins with employer accreditation (if not already completed), followed by the job check process, and finally your visa application. Employer accreditation can take several weeks, job checks typically take 10-15 working days, and visa applications generally take 20-25 working days, though processing times can vary.
It's important to note that you cannot start work until your visa is approved, even if you're already in New Zealand on another visa. Planning ahead and starting the process early is essential, particularly if you have specific start date requirements. Delays at any stage can impact the entire timeline, so ensuring all documentation is complete and accurate from the outset is crucial.
Step 1
Employer Preparation
Your employer obtains accreditation (if needed) and completes the job check process for your specific role.
Step 2
Document Gathering
Collect all required documentation including qualifications, work experience, medical certificates, and police clearances.
Step 3
Application Submission
Submit your complete AEWV application online with all supporting documentation and pay the required fees.
Step 4
Processing and Decision
Immigration New Zealand processes your application and makes a decision, which may involve requests for additional information.
Family Members and Dependents
AEWV holders can often bring their family members to New Zealand, but this requires separate visa applications and meeting specific requirements. Your partner may be eligible for a work visa that allows them to work for any employer in New Zealand, providing valuable flexibility for your family's settlement.
Dependent children may be eligible for student visas, allowing them to attend New Zealand schools. The specific requirements and entitlements for family members depend on factors including the length of your AEWV, your salary level, and your family members' individual circumstances.
Family visa applications involve their own requirements including health and character checks, and you must demonstrate that you can financially support your family members during their stay in New Zealand. The process of coordinating multiple visa applications can be complex, particularly when timing is important for school enrolments or other family considerations.
Compliance and Ongoing Obligations
Both AEWV holders and their employers have ongoing compliance obligations throughout the visa period. As a visa holder, you must work only for your accredited employer in the role specified in your visa, maintain your health insurance, and comply with all visa conditions.
Your employer must continue to meet their accreditation requirements, maintain the employment conditions specified in the job check, and report certain changes to Immigration New Zealand. Failure to meet these obligations can result in visa cancellation or other immigration consequences.
Understanding these ongoing obligations is crucial for maintaining your visa status and avoiding compliance issues. Regular communication with your employer about any changes to your role or circumstances, and staying informed about your visa conditions, helps ensure continued compliance throughout your stay in New Zealand.
Need help with AEWV compliance?
Ongoing compliance with AEWV requirements is crucial for maintaining your visa status. Get expert advice on your obligations and how to stay compliant.Pathway to Residence Options
Many AEWV holders view their work visa as a stepping stone to New Zealand residence. Several residence pathways may be available to AEWV holders, depending on their skills, experience, and circumstances. The Green List provides a direct pathway for certain occupations, while the Residence from Work category offers options for those who have been working in New Zealand.
Planning for residence from the beginning of your AEWV journey can help ensure you meet the requirements for your preferred pathway. This might involve considerations about your role, salary level, location of work, and length of employment in New Zealand.
The residence landscape is complex and changes regularly, so staying informed about available pathways and their requirements is important. Professional advice can help you understand which residence options might be available to you and how to position yourself for a successful residence application in the future.
Frequently Asked Questions
How long does an AEWV application take to process?
Processing times for AEWV applications vary depending on your country of residence and the completeness of your application. Generally, applications from most countries take 20-25 working days, though some may take longer if additional information is required.
Applications from certain countries may have different processing times, and incomplete applications or those requiring further assessment can take significantly longer. It's important to submit a complete application with all required documentation to avoid delays.
Can I bring my family on an AEWV?
Yes, your partner and dependent children may be eligible to accompany you to New Zealand on an AEWV. Your partner may be eligible for a work visa that allows them to work for any employer, and your children may be eligible for student visas.
Family members must meet health and character requirements, and you'll need to demonstrate that you can support them financially during your stay in New Zealand. The specific requirements and application process for family members can be complex, so professional advice is often beneficial.
What happens if my AEWV application is declined?
If your AEWV application is declined, you'll receive a letter explaining the reasons for the decision. Depending on the circumstances, you may have options including submitting a new application addressing the issues raised, or in some cases, appealing the decision.
It's crucial to understand why your application was declined before taking any further action. An immigration lawyer can review the decision, advise on your options, and help you determine the best course of action, whether that's reapplying or pursuing other visa pathways.
Do I need a job offer before applying for an AEWV?
Yes, you must have a job offer from an accredited employer before you can apply for an AEWV. The employer must be accredited with Immigration New Zealand and the job must meet specific requirements including minimum wage thresholds and genuine skill shortages.
Your employer will need to complete a job check process before you can apply for your visa. This ensures the role meets immigration requirements and that there are no suitable New Zealand workers available for the position.
Can I change employers while on an AEWV?
Generally, an AEWV ties you to the specific employer and role outlined in your application. If you want to change employers, you'll typically need to apply for a new AEWV with your new employer, provided they are also accredited.
There are limited circumstances where you might be able to change employers without a new visa application, such as if your employer's business is sold or restructured. The rules around changing employers can be complex, so it's important to seek professional advice before making any changes to your employment situation.
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Get help with your AEWV application
Navigating the Accredited Employer Work Visa process can be complex, with strict requirements and potential pitfalls that could delay or derail your application. Find A Lawyer connects you with experienced immigration lawyers who specialise in AEWV applications and can guide you through every step of the process.
Our network of qualified immigration lawyers can help ensure your application meets all requirements, assist with documentation, and provide strategic advice to maximise your chances of success. Don't leave your work visa to chance - get professional legal support tailored to your specific situation.