Hiring a Migrant Worker: Getting the Process Right from the Start
Hiring someone from overseas can be a great option when you have been unable to find the right person in New Zealand.
However, the process involves more than simply finding a migrant worker and offering them a job. There are several steps an employer may need to complete before that person can apply for an Accredited Employer Work Visa (AEWV).
Getting the process right from the beginning can help prevent unnecessary delays, additional costs and having to repeat parts of the process.
Employer accreditation
The first step is ensuring your business holds the correct employer accreditation.
The type of accreditation you need will depend on your business and how many migrant workers you intend to employ. Your business must also continue to meet its accreditation obligations, not only when you apply, but throughout the time you employ workers on an AEWV.
If you are already accredited, it is important to check when your accreditation expires and whether it still suits your recruitment plans.
Make sure the role is correctly identified
Before advertising, you need to understand how the position is classified for immigration purposes.
This is important because the occupation and skill level can affect:
How long the position must be advertised.
Whether you need to engage with Work and Income.
The skills, experience or qualifications required.
The visa conditions and potential maximum stay for the migrant worker.
The job title alone does not determine how Immigration New Zealand will assess the position. They will look at the actual tasks and responsibilities involved in the role.
Get the job advertisement right
This is one of the areas where I commonly see employers run into difficulty.
An advertisement used for an AEWV Job Check needs to include specific information, such as:
The job location.
The main tasks and responsibilities.
The minimum and maximum pay rate or salary.
The type of employment and minimum guaranteed hours.
The minimum skills, experience and qualifications required.
The advertisement must generally run for at least 14 days for a skill level 1, 2 or 3 role, or an eligible National Occupation List role. Skill level 4 and 5 positions usually need to be advertised for at least 21 days, and the employer must also engage with Work and Income.
Some positions are exempt from advertising, but it is important to confirm that an exemption genuinely applies before relying on it.
The requirements in the advertisement must also be reasonable and genuinely necessary to perform the job. They should align with the employment agreement, job description and the person you eventually intend to support.
For example, you do not want to state that a particular qualification, licence or number of years of experience is essential if your intended migrant worker does not meet that requirement.
An incorrectly worded advertisement may mean that the employer needs to advertise the position again before a Job Check can be submitted.
Genuinely consider New Zealand applicants
Advertising is not simply a box-ticking exercise.
Employers must make genuine attempts to recruit suitable and available New Zealand citizens and residents. Applications should be properly considered, and employers need to keep clear records of the recruitment process.
Depending on the skill level of the role, you may need to explain why New Zealand applicants were not considered suitable or available.
It is important that the reasons are genuine, relevant to the position and supported by the recruitment records. A suitable New Zealand applicant cannot be declined simply because the employer already has a preferred migrant worker in mind.
Apply for a Job Check
Once the advertising and recruitment process has been completed, you can apply for a Job Check.
The information in the Job Check should be consistent with the advertisement, job description and proposed employment agreement.
If the Job Check is approved, you can then send the migrant worker a unique link so they can apply for their AEWV.
The worker will still need to meet the requirements of the visa, including any relevant experience, qualification, occupational registration, health, character or English-language requirements.
Your responsibilities do not end when the visa is approved
Accredited employers have ongoing obligations when employing migrant workers.
These include providing settlement information, ensuring the employee works in accordance with their visa conditions and employment agreement, and not passing recruitment costs on to the worker.
Employers should also check visa conditions and expiry dates regularly, particularly before changing someone’s role, location, pay or hours.
To help make these responsibilities easier to understand, I have created a simple two-page Employer Obligations guide that I provide to my employer clients. It gives them a clear summary of their ongoing responsibilities and something practical they can refer back to after the accreditation or Job Check has been approved.
Plan before you advertise
If you think you may need to hire a migrant worker, it is worth getting advice before you place the advertisement.
Missing information in the advertisement can result in having to start again. Checking the requirements early can make the process much smoother and help avoid unnecessary delays.
I assist employers with AEWV accreditation, advertising requirements, Job Checks and ongoing employer compliance.
If you are considering hiring someone from overseas, you are welcome to get in touch before you begin the recruitment process.
Feel free to reach out to Jo at Navigate Immigration Services.
📧 jo@navigateimmigration.co.nz 📞+64 27 477 2088
👩💻 ww.navigateimmigration.co.nz
