WA4.10 Determining an Accredited Employer work visa (31/10/2022)

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 a 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: o 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.
7. Despite WA4.10.1(c)(iv), an immigration officer may accept that the remuneration in the employment offered is not the same as the Job Check application if:
   1. the role is an occupation listed in Appendix 14 in the meat processing or seafood processing (onshore) sector; and
   2. the Job Check was submitted or approved prior to 31 October 2022; and
   3. the remuneration in the employment offered meets the sector agreement threshold and this was within the range advertised (WA3.15.1(a)); and
   4. the employer has confirmed with INZ that they wish to use a place out of their allocation under the sector cap for the associated Job Check, and INZ is satisfied that the employer has sufficient places available to do so (WA3.15.1(b)).

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 an occupation that is on the Green List, an applicant is suitably qualified if:
   1. they meet (a) above; or
   2. they meet the current requirements on the list for that occupation (Appendix 13).
3. Despite the requirement to determine applications for temporary entry in accordance with the instructions in effect at the time the application is made (see E7.10(a)(ii)):
   1. (b) above applies to any application for a work visa made under the Accredited Employer work visa instructions that was submitted before 10 October 2022 and has not been decided before that date; and
   2. where an application for an Accredited Employer work visa was submitted before 18 October 2022 on the basis of an offer of employment as a chef, and the application has not been decided before that date, the applicant does not need to have a certificate at NZQF level 4 or higher that includes the credit and knowledge requirements of a New Zealand Certificate in Cookery (Level 4), or comparable overseas qualification.
4. 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 Maximum visa duration and stand-down periods for applicants who are employed as part of a sector agreement or below the median wage

1. The table below sets out where stand-down periods apply to applicants covered by a Sector Agreement or who are otherwise paid below the median wage as listed in Appendix 14:

   Sector	Total visa duration before stand-down applies	Duration of stand-down (consecutive months)	Pay rate below which stand down applies
   Tourism and hospitality	24 months	12 months	Median wage (as specified in WA3.15(b))
   Construction and infrastructure	24 months	12 months	Median wage (as specified in WA3.15(b))
   Meat processing	7 months	4 months	Median wage (as specified in WA3.15(b))
   Seafood processing (onshore)	7 months	4 months	Median wage (as specified in WA3.15(b))
   Care workforce	24 months	12 months	Level 4 pay rate as per the Support Workers (Pay Equity) Settlements Act 2017

2. Applicants may be granted a visa for a maximum period of 7 months to undertake work in an occupation listed under Seasonal Snow and Adventure Tourism sector, however no stand-down period applies to these occupations.
3. A person may hold an Accredited Employer work visa based on employment paid below the median wage (WA3.15(b)) for up to the maximum period specified in WA4.10.10(a), depending on their occupation, before they are subject to a stand-down period.
4. A person who is subject to a stand-down period is not eligible for a further Accredited Employer work visa based on employment in an occupation on Appendix 14 paid below the median wage until they have spent the required period of consecutive months, as specified above, outside of New Zealand.
5. Applicants who have spent the required period of time outside New Zealand can apply for a further visa in an occupation paid below the median wage as listed in Appendix 14 and to re-enter New Zealand. They will be able to stay in that role for up to the visa duration specified in (a) before being subject to the stand-down period again.

Notes:
- The stand down period is the duration a person is required to be outside New Zealand for in order to be eligible for a further work visa paid below the median wage. A person may remain in New Zealand and hold another type of visa, or an AEWV paid above the median wage, however this will not count towards the stand-down period.
- If a person is granted a visa based on employment below the median wage in an occupation listed under the Meat Processing and Seafood Processing (onshore) sectors for less than 7 months, that person is still required to spend 4 months outside New Zealand to be eligible for a further Accredited Employer work visa under the median wage.
- The current Level 4 rate can be found in the Support Workers (Pay Equity) Settlements Act 2017 – Schedule 2, Minimum hourly wages. For the period 1 July 2022-31 December 2023 the Level 4 rate is $28.25.

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.

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 31/10/2022