Hiring Onshore Migrant Workers
Information for Employers about your obligations when hiring AEWV-holders who are already in New Zealand
About hiring onshore Accredited Employer Work Visa (AEWV) holders
If you wish to hire an AEWV-holding migrant worker who has already been employed by another employer here in New Zealand, there are steps required before you can hire them.
The AEWV comes with conditions on the visa holder as well as obligations on their employer.
Fill vacancies faster with expert guidance
Our Licensed Immigration Advisers can help you navigate your obligations with ease.
Changing the conditions of an AEWV
When circumstances change, for example if the AEWV-holder leaves one job and finds another, the conditions of their visa need to be varied by Immigration NZ before they are able to work for the new employer.
The Job Change Process | Variation of Conditions
A Variation of Conditions request (which is also known as a Job Change for AEWV holders) is the process for changing the conditions on a visa. A Job Change is a more efficient way to change employment-related conditions of an AEWV.
The alternative to modifying the conditions on an AEWV is to apply for a full new AEWV which could then involve requirements such as medicals and police certificates, and typically has a longer processing time.
Please note a Job Change does not change the validity of an AEWV. Therefore, if the AEWV holder has a 36-month validity visa, it could be a better option to apply for a new AEWV instead of a Job Change if the offer of employment meets the criteria for the applicant to remain in New Zealand for up to 5 years from the date they first arrived as an AEWV holder.
An AEWV holder can use the Job Change request to change:
- Employer
- Position
- Location
- Their ability to study a relevant course while they work.
Requirements for a Job Change application
As part of the Job Change request, the AEWV holder will need to provide a valid Job Check approval number that has an available token, which you, as their potential new employer, will need to provide.
If you do not have a valid Job Check with a token available, you will need to complete a new Job Check before the AEWV holder is able to apply for a Job Change.
Among other criteria, when making a Job Change request, an AEWV holder will need to meet the Minimum Skills Threshold which means they will need either:
- A bachelor’s degree, or
- Sufficient evidence of at least 3 years relevant work experience, or
- A relevant qualification that has been assessed by NZQA as a NZ level 4 or higher.
Employer obligations when hiring an AEWV-holder
There are some requirements on employers of AEWV-holders, and these are the same as the ones their original employer was subject to.
To employ someone on an AEWV, you must:
- Have valid Employer Accreditation
- Have a current Job Check for the position being offered
- Sufficiently assess that the AEWV holder meets skills/qualification requirements set out in the Job Check application as well as the Minimum Skills Threshold
- Pay at least the median wage (unless there is an exemption for the role).
Navigate your obligations with an expert by your side
Our Licensed Immigration Advisers can help ensure you and your new hire are legally compliant.
Employing onshore migrants FAQs
The Accredited Employer Work Visa (AEWV) scheme has been designed to ensure that migrant labour is used to fill genuine skill or labour shortages and to protect migrant workers from exploitation. A condition of the AEWV is that the employer must be accredited in order to hire holders of an AEWV, and to be accredited the employer must meet certain criteria.
Visit Employer Accreditation: The first step in recruiting migrant workers for more information.
No. The conditions must be changed before employment commences.
A job token is a unique single-use code that is used by the applicant to apply for an AEWV. It is provided to an employer once a Job Check has been approved.
A Job Change request does not require the token to be emailed to the potential applicant for the application to be completed. Only the Job Check approval number is required.
A Job Check is the second step in the three step AEWV process. It is where the employment agreement and job description are assessed by Immigration NZ. Most Job Checks will require evidence of labour market testing. Occupations on the Green List can mean that the Job Check is exempt from labour market testing, but please note that as the AEWV holder would then need to meet the requirements listed in the Green List for their occupation, it can make things difficult.
Visit Job Check for Accredited Employer Work Visa for more details.
No. It may be better to apply for a full new AEWV but only if the AEWV holder and the offer of employment meets the criteria to extend the AEWV.