Renewal of Employer Accreditation – What employers need to know? 

July 2024 will see the first phase of accreditation status renewal for many Accredited Employers. Although processing times can vary, Immigration NZ (INZ) currently recommends employers apply six weeks before accreditation expires, so now is the perfect time to plan ahead to retain or continue hiring people from overseas.  

Application for renewal

The new online form for re-accreditation as an Accredited Employer under the Accredited Employer Work Visa (AEWV) scheme is now available on the INZ website, but preparation is key to success with this process and there are many things employers need to know ahead of applying: 

• Check your expiry. Employers should only apply when their accreditation is nearing its expiry date (approximately 2 months out).  
• Come prepared. For faster application processing, an employer needs to provide supporting documents upfront that show evidence of: 
  • being a viable and genuinely operating business or organisation
  • compliance with business standards
  • settlement support for your AEWV employees

• Take care when applying. Ensuring your applications are prepared correctly the first time will avoid delays or declines.  
• Employers must ensure their renewal application is for the correct type of accreditation, as there are no refunds for incorrect applications. 

Delivering on declarations made in original accreditation applications 

With the accreditation renewal applications, we expect INZ to check whether businesses have complied with the declarations or promises made in their initial accreditation application.  

This means businesses may need to show they provided settlement support to new AEWV migrants, gave them paid time to complete Employment NZ’s online modules, and made sure key staff completed Employment NZ’s employer modules, amongst other obligations.  

Consequences of immigration or employment non-compliance 

INZ can now issue an infringement notice to employers who are found to be: 

• Employing people in breach of their visa conditions 
• Employing people unlawfully in New Zealand 
• Failing to comply with INZ’s10-day information request 

This applies to all New Zealand employers, irrespective of whether they hold accreditation status with INZ. Penalties start from $1,000 per employee and a single infringement notice will result in the employer’s accreditation status being suspended. 

Does my business need to renew? 

If you are unsure whether you need to renew your accreditation, it’s important to think about the new migrant workers you may need to hire, while also taking into consideration your current migrant workers and any potential plans they may have to apply for residency through your business.  

If you choose not to renew, the expired accreditation does not prevent your AEWV holder employee from continuing their employment with your business. However, it will mean: 

• You will not be permitted to hire new migrants on AEWV or make a Variation to their AEWV from another employer (whether from overseas or already in New Zealand) 
• You will not be able to apply for another Job Check or support a worker to apply for their AEWV balance 
• Certain migrant workers who hold open Work Visas (e.g. Partner of a Worker Work Visas) allowing them to only work for an accredited employer, will not be permitted to work for your business 
• Migrant workers will not be allowed to apply for residence based on work with your business.  

It is also important to understand that the choice not to renew accreditation can mean  significantly narrowing the pool of migrants who can work for your business and will likely discourage  migrants from working for you, since they will not have a pathway to residence.   

If your business has no plans to hire migrant workers and does not have a need to retain any migrant employees in the long term through residency pathways, there is likely no need to renew. This may change if, as previously planned, the government makes accreditation compulsory for all employers who hire migrants on any type of temporary visa with work rights, including Student Visas, Working Holiday Visas and Partnership Based Work Visas.  

Talk to us

Our team of expert immigration and employment lawyers have a great deal of experience helping employers navigate the complex immigration process of Accreditation Renewal. We can help to put forward a strong case to INZ that your business can and does meet the requirements for accreditation. Talk to us today.  

Disclaimer: The information contained in this publication is of a general nature and is not intended as legal advice. It is important that you seek legal advice that is specific to your circumstances.