5 things employers should do NOW to get accredited
Don’t underestimate the employer accreditation declaration requirements.
From July 2022, any business wishing to hire an employee who needs a work visa needs to be accredited first.
INZ have announced that the application process is going to be declaration-based, which means that employers are responsible for providing evidence to prove that they met the processes and criteria for accreditation at the time that they applied.
Failing to show the relevant documentation when you’re audited means you run the risk of having your accreditation status revoked or suspended, and potentially being prosecuted if they believe you made false declarations.
Accreditation is not a box-ticking exercise like most employers are thinking
While immigration officers may rely on employer declarations about compliance, the employer accreditation and job check rules of the new Work Visa system enables checks that an employer still remains compliant with the accredited employer rules even after the application is approved.
It is also clear that INZ will be seeking to prosecute in situations where false or misleading information was provided or where false declarations were made.
You can be sure INZ have the time and resources to do so. Expect an audit and ensure your documentation in place
5 Things Employers Should Do NOW
- Get your house in order. Start by getting up to speed on the criteria you need to meet. Look at what you have in place, what you don’t, and where the gaps are.
- Create an action plan. Align your HR practices and documentation with INZ criteria as closely as possible. This will be crucial for employers who are governed by the Tripartite Employment Accreditation rules, such as labour hire companies.
- Roll programmes out well in advance that facilitate ongoing compliance. Slip ups after being approved accreditation status can result in it being suspended. You need to ensure you have systems in place that allows the business to remain compliant. For example, systems to ensure the employee completes their learning modules, and a record of that exists; systems to record the settlement information was provided to a newly hired work visa holder; systems to record declaration of third parties and site visits and welfare checks of employees placed with third parties if you are a Labour Hire company.
- Don’t leave it too late! From our experience, it can take several weeks to get documentation in order. While the application process might primarily based on declarations, you need to ensure you have the documents that support the correctness of the declarations made.
- Seek professional advice. Feel free to contact NZIL for an assessment of your current situation. We are experts on the ins and outs of ever-changing immigration law and can advise you on exactly what you need to ensure your business complies.
What is INZ looking for from accreditation applicants?
Compliance that is proven by thorough record keeping.
At a basic level ensure you have the records and documents to support the declarations that will have to be made when applying for accreditation status. This ought to include:
- Documents supporting proof of financial sustainability
- Evidence of completing employer learning modules in regard employment law obligations
- Settlement information that is provided to foreign workers and evidence they have completed their employment law employee learning modules.
- Good quality HR practices and processes that demonstrate compliance with Employment and Immigration Law obligations
Contact the team at NZIL for help and advice about your accreditation application.