WA4.10 Determining an Accredited Employer work visa (04/07/2022)

1. An immigration officer may grant an Accredited Employer work visa if they are satisfied that the applicant:
   1. meets the generic work visa requirements for applicants at W2.10.1; and
   2. holds an offer of employment that meets the requirements at WA4.10.1; and
   3. is suitably qualified by training and experience to do the job they have been offered, as set out at WA4.10.5; and
   4. where the employment is paid below the median wage (WA3.15(b)), is not subject to the stand-down period as set out at WA4.10.10; and
   5. 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.
2. 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).
3. If the employer’s accreditation is suspended, an immigration officer may postpone making a decision on the application until the suspension ends.
4. If the employer’s accreditation expires or is revoked, an immigration officer may decline the application.
5. 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

1. The offer of employment must be genuine and include the following information:
   1. name, address, telephone number of the employer; and
   2. name and address of the person to whom the job is offered; and
   3. 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.
2. The offer of employment must be from an accredited employer (as defined at WA2.60.1).
3. The following details of the employment offered must be the same as those approved as part of the Job Check application:
   1. the location of the job; and
   2. the occupation; and
   3. 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
   4. the remuneration (the remuneration must be within the range approved as part of the Job Check application); and
   5. the direct employer (as defined at WA2.60.5).
4. All other terms and conditions of the employment offered (for example leave entitlements and notice periods) must be the same as, or more favourable to the applicant than, those provided as part of the Job Check application.
5. 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.
6. 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.

WA4.10.5 Determining whether an applicant is suitably qualified to do the job they have been offered

1. 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.
2. If the employment offered is for a job as a Chef, the applicant must also have a certificate at NZQF Level 4 or higher, which includes the credit and knowledge requirements of a New Zealand Certificate in Cookery (Level 4). Overseas qualifications must be comparable to the standard of the New Zealand qualification. Unless an overseas qualification is listed on the Immigration New Zealand List of Qualifications Exempt from Assessment (Appendix 3), an International Qualification Assessment (IQA) from the New Zealand Qualifications Authority stating the comparable NZQF qualification is required.
3. 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:
   1. an immigration officer has already assessed and accepted them as part of a previous application; or
   2. 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.

WA4.10.10 Applicants who are required to spend time outside New Zealand (subject to a ‘stand-down period’)

1. A person may hold Accredited Employer work visas based on employment paid below the median wage (WA3.15(b)) for a maximum period of 2 years before they are subject to a stand-down period.
2. A person subject to a stand-down period is not eligible for a further Accredited Employer work visa based on employment paid below the median wage until they have spent 12 consecutive months outside New Zealand.
3. Applicants who have spent 12 consecutive months outside New Zealand are no longer subject to a stand-down period (the maximum period referred to in (a) begins again) and may be granted further Accredited Employer work visas for the duration allowed by WA4.15.

WA4.10.15 Minimum income requirement for dependent children of Accredited Employer work visa holders

See also Immigration Act 2009 s 49(1)(b)

1. Accredited Employer work visa holders who wish to support their dependent child's visitor or student visa application, must meet a minimum income threshold specified at V3.10.10 or U8.20. The visa holder's dependent child will be assessed against criteria set out in V3.10 or U8.20.
2. 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.
3. 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.

Note: 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.

Effective 04/07/2022