AEWV Job check policy released

• Published date: 12 May 2022
• Subject Matter: Immigration, Work Visas
• Law Firm: Cavell Leitch
• Author: Mr Shi Sheng Cai and Jackson Hagen

Update

The Government has released detailed policy for the Job Check application component of the Accredited Employer Work Visa (AEWV) process. Policy for AEWVs has also been released. This information has been long awaited and sheds light on the process employers can expect to follow from 20 June 2022.

We have outlined some key points of this policy below.

Job check

Accredited employers will have the ability to make a Job Check application from 20 June 2022.

Employers holding standard accreditation may have a maximum of 5 jobs associated to them at any time. Employers with high volume accreditation will have no limit on the amount of job checks associated to their business.

A Job Check must be approved before a migrant worker can apply for the associated AEWV, and must be made using the approved online form provided on the Immigration New Zealand (INZ) website.

Employers must submit evidence to show that the requirements of the Job Check have been met. This will include:

• A job description
• A proposed employment agreement
• Evidence of advertising the position (if a labour market test is required)

Multiple positions may be included in a Job Check application if the substantive details of the role are the same for all jobs i.e occupation, location, salary band, type of agreement etc.

The policy requires that employment must be paid at least the median wage ($27.76 per hour) and for at least 30 hours weekly. In addition, the remuneration must not be less than market remuneration for the occupation and the pay period frequency must be no longer than one month.

Labour market test

All Job Check applications for a position paid less than $55.52 per hour must include evidence that a labour market test has been completed.

A labour market test will involve:

• Advertising the job on a national jobs website or by other means that are more likely to attract suitable New Zealand citizens or residents, for at least 14 days (before the job check application is submitted, the job advertisement must be closed)
• Assessing all NZ citizen/resident applicants to ensure that there are no suitable New Zealanders for the position

Job advertisements will be valid for 90 days after the advertisement closes.

For the purpose of a labour market test, advertisements must contain the following information:

• A job description outlining basic tasks and responsibilities
• The key conditions of employment, for example
  • The salary band for the role
  • Estimated earnings if a significant portion of...