WA4.10 Determining an Accredited Employer work visa
- An immigration officer may grant an Accredited Employer work visa if they are satisfied that the applicant:
- meets the generic work visa requirements for applicants at W2.10.1; and
- holds an offer of employment that meets the requirements at WA4.10.1; and
- is suitably qualified by training and experience to do the job they have been offered, as set out at WA4.10.5 and meet the minimum skills threshold as set out at WA4.10.6; and
- has not exceeded a maximum continuous stay period as set out at WA4.11.1; and
- has a Job Check number (a number referring to a job that has been approved as part of a Job Check application) that has not been used to approve another Accredited Employer work visa application, unless that work visa has been varied to allow the visa holder to work for a different employer or the Job check number has been reused as set out at WA4.10.20; and
- meets a minimum standard of English language at WA4.12 for roles assessed at the Job Check as ANZSCO level 4 or 5.
- If there is information that indicates the employer may no longer meet the requirements of their accreditation, an immigration officer may postpone making a decision on the application until the employer is determined to meet the requirements, or until the employer’s accreditation is revoked (WA2.55).
- If the employer’s accreditation is suspended, an immigration officer may postpone making a decision on the application until the suspension ends.
- If the employer’s accreditation expires or is revoked, an immigration officer may decline the application.
- Applicants who hold a work visa with remuneration as a condition of that visa, may be required to provide evidence of their remuneration payment, such as an Inland Revenue income summary and bank statements.
WA4.10.1 Requirements for the employment offered
- The offer of employment must be genuine and include the following information:
- name, address, telephone number of the employer; and
- name and address of the person to whom the job is offered; and
- a full job description including:
- the job title or designation; and
- the address of the place of employment if different from that in (i) above; and
- the type of work, duties and responsibilities involved; and
- details of pay and conditions of employment; and
- the hours of work; and
- the duration of the job; and
- how long the job offer is open.
- The offer of employment must be from an accredited employer (as defined at WA2.60.1).
- The following details of the employment offered must be the same as those approved as part of the Job Check application:
- the location of the job; and
- the occupation; and
- the hours of work (the minimum guaranteed hours of work must not be less, and the maximum hours must not be more, than those approved as part of the Job Check application); and
- the remuneration (the remuneration must be within the range approved as part of the Job Check application unless an exception under WA4.10.3 below applies); and
- the direct employer (as defined at WA2.60.5).
- All other terms and conditions of the employment offered (for example leave entitlements, notice periods and absence of a trial provision (as set out in WA3.15(p)(vii) must be the same as, or more favourable to the applicant than, those provided as part of the Job Check application.
- The employment must continue to meet all other requirements for acceptable employment as specified at WA3.15, including the remuneration thresholds in effect at the time the Accredited Employer work visa application is made.
- INZ will decline an application for a work visa where it considers that the employment was offered as a result of payment made or promised by the applicant (or their agent) to the employer (or their agent) in exchange for securing that offer of employment.
- When assessing whether the employment offered meets the requirements at (d) and (e) above:
- an immigration officer may accept the declaration or other information provided in the Job Check application; and
- an immigration officer may request and review further evidence if they are not satisfied that these requirements are met; and
- despite the requirement to determine applications for temporary entry in accordance with the instructions in effect at the time the application is made (E7.10(a)(ii)), an Accredited Employer work visa application may be determined in accordance with the instructions at (g)(i) and (ii) above if the application was made before 20 November 2024 and has not been decided.
WA4.10.3 When the remuneration in the job offer may differ from the remuneration approved in the Job Check
Despite WA4.10.1(c)(iv), an immigration officer may approve an application when the remuneration in the employment offered is not the same as the Job Check application if the remuneration in the employment offered is:
- less than the remuneration approved at Job Check stage and:
- the Job Check was submitted on or before 9 March 2025; and
- the remuneration offered is not less than the New Zealand market rate for that occupation as required by WA3.15(d); or
- more than the remuneration approved at Job Check stage because the current minimum wage is higher than the rate advertised at the time of the Job Check; or
- more than the remuneration approved at the Job Check stage and the applicant is re-using a Job Check number as described in WA4.10.20.
- Despite the requirement to determine applications for temporary entry in accordance with the instructions in effect at the time the application is made (E7.10(a)(ii)), an AEWV application submitted but undecided as at 9 March 2025 should be assessed in accordance with WA4.10.3(a) to (c) above, rather than the instruction that was in effect when the application was made.
WA4.10.5 Determining whether an applicant is suitably qualified to do the job they have been offered
- An applicant is suitably qualified to do the job they have been offered if they have the qualifications, work experience, skills and other specifications that were listed by the employer, in the Job Check application, as the minimum requirements for the job.
- If the employment offered is for an occupation that is on the Green List, an applicant is suitably qualified if:
- they meet (a) above; or
- they meet the current requirements on the list for that occupation (Appendix 13).
- Despite W2.10.1(b)(i), an immigration officer may accept that an applicant has the minimum qualifications, work experience, skills or other specifications required for the job, without the applicant providing evidence of those specifications, where:
- an immigration officer has already assessed and accepted them as part of a previous application; or
- the applicant holds evidence of full or provisional occupational registration for the job they have been offered, where the specifications were required to obtain that registration.
WA4.10.6 Determining whether an applicant meets the minimum skills threshold
- An applicant meets the minimum skills threshold if an immigration officer is satisfied that they:
- can demonstrate two years or more of relevant work experience with sufficient evidence from a third party; or
- have a relevant qualification at Level 4 or higher on the New Zealand Qualifications and Credentials Framework (NZQCF).
- Despite the requirement to determine applications for temporary entry in accordance with the instructions in effect at the time the application is made (E7.10(a)(ii)), an AEWV application submitted but undecided as at 9 March 2025 should be assessed in accordance with WA4.10.6(a)(i) above, rather than the instruction that was in effect when the application was made.
- A qualification or work experience can be considered to be relevant if it is in the same field or industry as the job offered.
- Qualifications that are Bachelor’s degrees or higher can be considered relevant to any employment offered.
- Evidence of relevant work experience from a third party may include, but is not limited to:
- letters of reference from an employer; or
- certificates of employment; or
- payslips; or
- tax certificates.
Note: For the avoidance of doubt, a curriculum vitae is not sufficient unless it is provided with supporting documentation not written by the applicant that satisfies an immigration officer.
- Evidence of a qualification at Level 4 or higher on the NZQCF must include:
- a copy of the qualification certificate awarded to the applicant specifying the qualification type and awarding institution; and
- an NZQA assessment (International Qualification Assessment (IQA)) provided with the application, if the qualification was gained outside of New Zealand and is not a Level 7 Bachelor’s degree or higher.
- Despite WA4.10.6(a), an applicant can be considered to meet the minimum skills threshold if:
- the employment offered is for an occupation that is on the Green List and they meet the current requirements on the list for that occupation (Appendix 13); or
- the employment offered has a proposed remuneration of twice the median wage ($59.32) or higher.
- An immigration officer may accept that the applicant meets the minimum skills threshold, without the applicant providing evidence, where:
- an immigration officer has already assessed and accepted them as part of a previous application; or
- the applicant holds evidence of full or provisional occupational registration for the job they have been offered, where the specifications were required to obtain that registration.
- An applicant is exempt from meeting the minimum skills threshold if an immigration officer is satisfied that:
- their employment has been offered as a meat process worker (831311) under the 2024/25 season (31 August 2024 to 31 August 2025) of the capped meat processing sector agreement (included in WA3.15.5(a)(i) as of 9 March 2025); or
- their employment has been offered as a seafood process worker (831313) under the 2024/25 season (31 October 2024 to 31 October 2025) of the capped seafood processing sector agreement (included in WA3.15.5(a)(ii) as of 9 March 2025); or
- the applicant holds a valid Accredited Employer work visa in a tourism and hospitality occupation listed under appendix 14 that expires on or before 31 March 2025 and is applying for a further visa for the same role; or
- the applicant holds a valid Accredited Employer work visa under the care workforce sector agreement (see Appendix 14) that was granted between 4 July 2022 and 23 November 2023 (inclusive) in a role that was paid at least $26.16 per hour and is applying for a further one-year duration visa for the same role.
Note: For the purpose of the instructions under WA4.10.6 i. (iii) and (iv), employment in the ‘same role’ allows for employment with a different employer and/or in a different location.
WA4.10.15 Requirements for dependents of Accredited Employer work visa holders
See also Immigration Act 2009 s 49(1)(b)
- Accredited Employer work visa holders who wish to support their partner’s visa application must meet the requirements specified in:
- WF3.1.5 for a special work visa, or
- V3.10.1 for a visitor visa.
- Accredited Employer work visa holders who wish to support their dependent child's visa application must meet the requirements specified in:
- U8.20.2 for a student visa, or
- V3.10.1 for a visitor visa.
- Accredited Employer work visa holders who wish to support their dependent child’s visitor or student visa application must meet the minimum income threshold. The visa holder’s dependent child will be assessed against criteria set out in U8.20.6 or V3.10.10.
- Parents holding Accredited Employer work visas may be liable for deportation if the dependent child's visa application is declined under these instructions and the dependent child becomes unlawful.
- It will be a condition of the dependent child's visa and the parent/s visa(s) that the parent/s must maintain the minimum income threshold for the duration of their dependent child's visa. If the threshold is not maintained the parent/s and child may be liable for deportation.
Notes: - Where both parents hold Accredited Employer work visas (or Accredited Employer and Essential Skills work visas), their incomes may be combined to meet the minimum income threshold. - The minimum income threshold excludes employment-related allowances (for example tool or uniform allowances) and must be calculated on the basis of no more than 40 hours' work per week
WA4.10.20 Subsequent applications re-using a Job Check number
- A subsequent application for an Accredited Employer work visa (AEWV) from an AEWV holder can be granted if it is made on the basis of the Job Check number they most recently used (whether the number was used for an AEWV application or for a Job Change application) and if the application for the AEWV the applicant currently holds was made on or before 9 March 2025.
- Despite (a), a subsequent application for an AEWV made on the basis of the most recently used Job Check number cannot be granted where the application for the AEWV the applicant currently holds was for one of the following occupations and where the rate of pay was below $29.66:
- Meat process worker (831311)
- Seafood process worker (831313)
- Snowsport Instructor (452314)
- Mountain or Glacier Guide (452214)
- Snow Groomer (721999)
- Outdoor Adventure Instructor (452215)
- Outdoor Adventure Guides nec (452299)
- Whitewater Rafting Guide (452217)
- Parachute Rigger (399999)
- Ski Technician (399999)
- Snow Maker (712999)
- A subsequent Accredited Employer work visa may only be granted under these instructions if the offer of employment is made by an accredited employer and the following details of the employment offered in the current application are the same as the conditions of employment on the applicant’s current Accredited Employer work visa:
- the location of the job; and
- the occupation; and
- the remuneration (the remuneration must be no less than the remuneration specified in the conditions); and
- the direct employer (as defined at WA2.60.5).
- Despite the requirement to determine applications for temporary entry in accordance with the instructions in effect at the time an application is made (E7.10(a)(ii)), the requirements at (a) to (c) above apply to any subsequent AEWV application that was submitted on or before 9 March 2025 and not decided by that date.
Note: For the avoidance of doubt, a subsequent application for an Accredited Employer work visa with a re-used Job Check number must meet the requirements at WA4.10 in effect at the time the of the application.
Effective 10/03/2025
|