Bringing overseas workers to New Zealand for a project

Your company has secured work in New Zealand, and you already know which experienced employees you want on the project.

It can be tempting to confirm travel and start dates straight away. Before you do, you need to understand how the employment arrangement will operate in practice, including who will employ the worker and what work they’ll perform. These factors, not just the length of time they’ll be in New Zealand, determine which immigration pathway may be appropriate.

Getting advice early will help you understand what the company and each employee need to complete before work begins.

Confirm the New Zealand operating and employment structure

Start by getting legal and tax advice on how your company will operate in New Zealand. Your chosen structure may affect which entity employs your people and whether that entity can support a work visa application.

Immigration applications need to reflect the real arrangement. Before choosing a visa pathway, confirm:

• The employing entity and its New Zealand details
• Who will direct and supervise the work
• Where each employee will work
• The duties, hours and pay for each role
• How long the work is expected to continue

VisaAide can review the proposed arrangement and explain which immigration steps apply. We’ll tell you what needs to be in place before an application can move forward.

Choose the visa pathway for the work being performed

The right visa will depend on the employee’s circumstances and the work they’ll carry out in New Zealand. Each person and assignment needs to be assessed individually.

Depending on the arrangement, an employee may need an Accredited Employer Work Visa, a Specific Purpose Work Visa or another type of visa. A Specific Purpose Work Visa may be relevant for some short-term secondments, intra-company transfers or specialist project work, but the employee and assignment must meet the requirements of that pathway.

A visitor visa doesn’t allow someone to carry out work that requires them to be in New Zealand, work for a New Zealand employer or provide services to a New Zealand business. A person may be able to work remotely for an overseas employer while visiting New Zealand, but that exception won’t usually cover someone who has travelled here to work on a New Zealand project.

One of our Licensed Immigration Advisers can assess the proposed work, employment arrangement and employee’s circumstances, then advise you on the available pathways.

Allow for Employer Accreditation and the Job Check

If an employee needs an Accredited Employer Work Visa, the employing business will need the appropriate AEWV accreditation and a valid Job Check for the role.

The employer may be able to prepare the role, advertise, and complete any required engagement with Work and Income while its accreditation application is underway. However, it must hold the appropriate accreditation before it can apply for the Job Check.

The main stages are:

1. Apply for the appropriate employer accreditation.
2. Complete the advertising and labour market steps required for the role.
3. Once accredited, apply for the Job Check.
4. Once the Job Check is approved, invite the employee to apply for their visa.

Include the full process in your project timeline. Starting with the employee’s visa application misses the work the employer may need to complete first.

VisaAide can manage Employer Accreditation and Job Check applications, and tell you what information and evidence we’ll need from you at each stage.

Keep the role consistent across every document

The role described to Immigration New Zealand must match the work your employee will perform.

Review the job description, recruitment advertisement, employment agreement and immigration application together. They should present one accurate and consistent picture of:

• The employer
• The job title and duties
• The work location
• The hours of work
• The pay and employment conditions
• The expected length of the role

This requires coordination between the people managing immigration, recruitment and HR.

RecruitNZ can help you define and recruit the roles required for your New Zealand project, while ConsultingHQ can prepare employment agreements and HR processes for New Zealand.

Understand your ongoing responsibilities as an employer

The employer’s responsibilities continue after a visa is approved.

You’ll need to keep meeting New Zealand employment standards, immigration law and the commitments made during your accreditation application. You’ll also need to make sure each employee works within the conditions of their visa.

For employees holding an AEWV, accredited employers must provide the required settlement information within the employee’s first month of employment. You may also need to notify Immigration New Zealand when an AEWV employee stops working for you or when specified changes occur within the business.

Put a clear process in place to:

• Record visa types, conditions and expiry dates
• Monitor the expiry of your employer accreditation
• Track unused Job Checks and when they expire
• Provide the required settlement information to AEWV employees
• Review changes to duties, employer or work location before they happen
• Keep employment and immigration records aligned
• Notify Immigration New Zealand when required
• Begin extensions, Job Changes or new applications early

Project requirements can change quickly. A new employer, role or work location may require a Job Change, variation of conditions or a new visa. Changes to hours, pay and other employment conditions may also affect the approved arrangement.

Talk to us before changing the role or working arrangements. We’ll help you understand what needs to happen first.

Set realistic start dates

Project teams often begin with the date they want someone on site and work backwards. Immigration planning needs to begin with the steps required for the proposed pathway and whether the necessary evidence is available.

Processing times can change, and no adviser can guarantee a visa outcome or approval date. Starting early gives your company time to complete the employer stages, gather the right evidence and respond if Immigration New Zealand asks for more information.

For guidance on setting up your New Zealand workforce across business structure, recruitment, immigration and HR, read People Inc Group’s guide to setting up a workforce in New Zealand.

VisaAide’s Licensed Immigration Advisers can assess your project, employer structure and proposed workforce, then map the immigration pathway for each person.