Changes to employer-assisted temporary work visas

The Government is making a number of changes that will affect employers who want to recruit foreign workers. The changes aim to improve the temporary work visa system by ensuring that foreign workers are only recruited for genuine shortages, while also providing incentives for employers to employ and train more New Zealanders.

Six temporary work visa categories are going to be replaced with only one type of employer assisted temporary work visa. The new visa application process would require:

• An employer check, where employers would be accredited to enable them to hire foreign workers;
• A job check, where the job is checked to ensure that no New Zealander is able to fill the job being recruited for, subject to skill, sectoral and regional differentiation; and
• A worker check, where checks will be made to ensure the foreign worker is of good character and health.

One of the most notable changes of the new framework is the legal requirement for employers to be accredited to be able to hire foreign workers. Becoming accredited means that employers must prove their “trustworthiness” across several areas. There will be different types of accreditation, but all employers will have to show evidence of:

• compliance with employment laws;
• have good human resource processes and policies;
• financial stability;
• commitment to increasing worker benefits and pay; and
• commitment to training and hiring local workers.

Immigration New Zealand says changes will be implemented in stages to help manage a smooth transition over to the new visa application process and also to ensure that all employers are not required to be accredited on the same day.

Now is the time to act. Employers that want to hire foreign workers in the next 24 months must begin the process now, to avoid the inevitable visa-application log jam.

We are specialists in this field and can review your workforce composition, policies and processes as part of our business health check audit. We can explain to you how the new framework may impact your business. We can also provide support with designing, implementing and monitoring your systems and processes to ensure compliance with your obligations as employers. Likewise, we can assist with the preparation of applications for Employer Accreditation.

Ismail Rasheed, Lawyer specialises in Immigration and Tax Law. Visit www.irlegal.lawyer | Phone (04) 566 1155 | (09) 299 1155 | (03) 377 1155 | WhatsApp 027 566 1155

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