Job check: Understanding the AEWV process for New Zealand employers

Everything you need to know about job checks for NZ visas (AEWV)

The Job Check is a crucial step in the Accredited Employer Work Visa (AEWV) process in New Zealand, ensuring employers meet the required standards before hiring migrant workers.

Preparing for the Job Check

Before applying for a Job Check, employers must be accredited with Immigration New Zealand.

They also need to ensure that the role is vacant and that the employment meets New Zealand’s employment laws, including wage and work conditions.

Guidelines for employment agreements in Job Checks

When preparing to submit a Job Check application, it’s essential that the employment agreement meets all necessary criteria. This ensures a smoother approval process. Key elements that should be included in the employment agreement are:

• The employer’s name listed as the direct employer
• The job title
• A detailed job description
• Pay and conditions
• Paid leave entitlements
• Hours of work
• The place of work
• A statement that personal grievances must be raised within 90 days of the incident
• A statement that sexual harassment complaints must be raised within 12 months of the incident
• All clauses required by employment law
• No 90-day trial periods

Due to longer processing times for Job Check applications, ensuring that the application is complete and accurate from the start can help prevent delays.

Note: If your client’s Job Check application is still being processed, verify that the employment agreement aligns with these requirements. If any discrepancies are found, update the agreement in their Immigration Online account promptly.

Advertising and engaging with work and income

Employers must advertise the job (unless the role pays twice the median wage, or is on the green list) for at least 14 days to demonstrate that no suitable New Zealanders are available. The advertisement should include the job title, location, pay rates, and key requirements. For roles classified as ANZSCO skill levels 4 or 5, the advertising needs to be done for 21 days, as well as listed with Work and Income . The advertising and Work and Income (if applicable) engagement needs to be completed before the Job Check is submitted.

• Multiple locations:
  For roles based in multiple regions or requiring travel, employers must advertise the job in all relevant regions with specific details on working and travel arrangements. The advertisement should appear in searches for all relevant regions, and all regions must be listed in the Job Check application.
• Primary location with travel:
  For jobs that are primarily region-based but involve occasional travel (e.g., from a depot), employers only need to advertise and include the primary location in the Job Check application.

For further guidance, please refer to the official Immigration New Zealand document: Visa Pak 591.

Checking qualifications and pay rates

A key component of the Job Check is ensuring that the migrant worker is suitably qualified for the role. Employers must verify qualifications, work experience, and occupational registration if applicable. Additionally, employers must ensure that the offered pay rate meets or exceeds the minimum threshold set by Immigration New Zealand, which includes all guaranteed payments.

Sector agreements and additional requirements

Specific sector agreements may apply to industries like construction and hospitality. These agreements impose additional rules on pay rates, job roles, and conditions for employing migrant workers. Employers in these sectors must comply with both general Job Check requirements and the sector-specific conditions outlined in these agreements.

Employment flexibility and travel requirements

Employees may need to travel or work in different locations while being primarily based in one place. As long as the primary location is clear, occasional travel is allowed without additional labour market tests. However, if the job requires a permanent move, employers must update the visa conditions to avoid penalties.

Application and post-approval process

Once all necessary documents are prepared, employers can submit their Job Check application. If approved, the Job Check allows the employer to offer the job to a migrant worker, who can then apply for an AEWV. The approval is valid for six months, during which the migrant must apply for their visa. Employers are required to maintain compliance with all conditions outlined during the approval process, ensuring consistent adherence to wage and work conditions.

For further information and assistance on these updates, please contact Arno Nothnagel, our NZ Immigration Director, at arno.nothnagel@absoluteimmigration.com