All three stages of the new Accredited Employer Work Visa (AEWV) are now live, with applications open for employer accreditation, job checks and work visas. 

On average, Immigration New Zealand has said that most applications are being processed within two weeks. However, there are some common mistakes that they have highlighted for job check applications that are not approved, which are causing a delay to their ability to process applications within the 10-day timeframe.

Many of the actions identified relate to information missing from employment agreements, including: 

• a detailed description of the work to be performed
• a description of the minimum and maximum amount of hours worked.

Missing overtime rates from employment contracts

Employers who are hiring a salaried employee, and are not offering overtime rates, still have to state the minimum and maximum hours worked.

However, stating the minimum and maximum hours worked and overtime rate is not a standard clause for most New Zealand employment contracts. This means if this has not been updated in the employment contract by the employer before a submission, it may cause a delay in an application being processed.

The new policy details mean that, when you offer a role to a migrant worker, amongst other things, you need to include the following within your employment agreement:

• the overtime rate of pay if applicable. If not this will need to be stated

• guaranteed hours and actual pay

• the number of hours the employee may be asked to work, including any hours paid at overtime rates.

Tips before you start a job check

• You need to be accredited 
• You need to have an acceptable job offer, job description and proposed. employment agreement
• You must have evidence that you advertised the job unless it pays less than twice the median wage or is on the Green List (and your selected candidate will meet Green List requirements).
• You can include multiple vacancies in one job check if the job details are the same and they are covered by the same advertising and employment agreement.
• If the location, job title or terms of work vary, you will need a separate job check for each role.

Need help with your application, or guidance on how to describe the role to meet the criteria? Read our guide for how to become an accredited employer or speak to the team at NZIL.

Contact us 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.