WA2.10 Requirements for all employers

1. For an employer accreditation application to be approved, the employer must:
   1. be a genuinely operating business or organisation, as set out at WA2.10.1; and
   2. complete the settlement support activities set out at WA2.10.5; and
   3. be compliant with the specific immigration, employment and business standards set out at WA2.10.10; and
   4. take reasonable steps to ensure an applicant meets qualification and skill requirements as set out at WA2.10.14.
2. If the employer is a sole trader, partners in a partnership or trustees in a trust, New Zealand must be the primary place of established residence for the sole trader (person), or at least one partner or trustee.
3. The generic work visa requirements set out at W2.10 do not apply to employer accreditation applications made under these instructions.

WA2.10.1 Viable and genuinely operating business or organisation

1. A viable and genuinely operating business or organisation is one where:
   1. it is registered as an employer with the Inland Revenue Department; and
   2. if the employer is a general partnership or sole trader, the partners or sole trader must not be bankrupt or subject to a No Asset Procedure; or
   3. if the employer is a limited partnership, the general partners must not be bankrupt or subject to a No Asset Procedure.

      Note: A general partner is defined in section 19 of the Limited Partnerships Act 2008

2. The employer must:
   1. have not made a loss (before depreciation and tax) over the last 24 months; or
   2. have a positive cash flow for each of the last 6 months; or
   3. have sufficient capital and/or external investment (for example funding from a founder, parent company or trust) to ensure the employer’s business remains viable and ongoing; or
   4. have a credible, minimum two-year plan (for example by having contracts for work) to ensure the employer’s business remains viable and ongoing.
3. "Viable and ongoing" includes being able to:
   1. meet financial obligations such as paying wages or salaries and all other operating costs and expenses; and
   2. purchase inventory (if relevant).
4. Evidence of meeting the requirements set out at (a) to (c) above may include, but is not limited to:
   1. financial statements such as an annual report and profit and loss statements;
   2. evidence of start-up capital and/or funding;
   3. a cash-flow statement and/or credible revenue forecast;
   4. contracts for work;
   5. GST returns;
   6. income tax returns;
   7. PAYE returns;
   8. bank statements;
   9. stock lists/orders;
   10. lease agreements for business premises or space.

WA2.10.5 Settlement support activities

1. The employer must provide the following information about the local community and services and employee work-related matters to their Accredited Employer work visa holder employees:
   1. accommodation options;
   2. transportation options (including driving and driver licence information, and public transportation options);
   3. the cost of living;
   4. how to access healthcare services;
   5. Citizens Advice Bureau services;
   6. relevant community groups;
   7. how to obtain an IRD number from Inland Revenue; and
   8. any industry training and qualification information and options; and
   9. specific job or industry hazards.
2. The employer must provide sufficient time during paid work hours for Accredited Employer work visa holder employees to complete all of Employment New Zealand’s online employee modules.
3. The settlement support activities must be completed within one month of the employee beginning their employment as an Accredited Employer work visa holder.

   Note: For the avoidance of doubt, the settlement activities do not need to be completed multiple times by the employer for the same Accredited Employer work visa holder employee if the information initially provided has not changed.

4. Evidence of meeting the requirements set out at (a) and (b) above may include, but is not limited to:
   1. copies of the settlement information;
   2. communications to Accredited Employer work visa holder employees with the settlement information;
   3. on-boarding or induction policies, guidelines or plans for new employees;
   4. confirmation of completed Employment New Zealand’s employee online modules.

WA2.10.10 Compliance with specific employment, immigration and business standards

1. The employer and any of its key persons (as defined at WA2.60.10) must not currently be included on a list of non-compliant employers for breaches of employment standards, maintained by the Ministry of Business, Innovation and Employment (MBIE). The rules for inclusion on the list are set out in Appendix 10.
2. The employer and any of its key persons (as defined at WA2.60.10) must not currently be included on a list of non-compliant employers for offences against the Immigration Act 2009, maintained by MBIE. The rules for inclusion on the list are set out in Appendix 18.
3. The employer or any of its key persons must not have provided false or misleading information to INZ, or withheld relevant information from INZ that is prejudicial to the approval of an application (including the application being applied for), or to the outcome of any verification, investigation or compliance activities.
4. The employer or any of its key persons must not have allowed a person who is not entitled under the Immigration Act 2009 to work in the employer’s service to do that work, or employed a person in a manner that is inconsistent with a work-related condition of that person’s visa and for which an infringement notice was not issued.
5. If the employer or any of its key persons have previously been included on a list of non-compliant employers for offences against the Immigration Act 2009, maintained by MBIE, or have failed to meet any of the requirements for accreditation:
   1. the issue must have been rectified; and
   2. the employer must have taken sufficient steps to prevent it from happening again; and
   3. an immigration officer must be satisfied that the employer will comply with their obligations under the Immigration Act 2009 (including the obligation not to commit an offence) in future accreditation periods.
6. Where any of the employer’s key persons are not New Zealand citizens or residents, and who are not employed by the employer, that key person must not be:
   1. in New Zealand without a valid visa; or
   2. acting as the employer’s key person in breach of the conditions of their New Zealand visa.
7. The employer and its key persons must not have received a prison sentence or home detention for an offence under sections 343(1)(d) or 344(d) of the Immigration Act 2009, regardless of when the offence occurred.
8. The employer and its key persons must not have been convicted at any time of an offence under:
   1. sections 343(1)(a), 345, 348, 342(1)(b), 351 of the Immigration Act 2009; or
   2. sections 98, 98C or 98D of the Crimes Act 1961.
9. Where any of the employer’s key persons have a history of immigration non-compliance in one or more other organisations that they have acted as a key person in, an immigration officer must be satisfied that the employer seeking accreditation has taken sufficient steps to prevent the same non-compliance happening in their organisation. For the purpose of this instruction, a history of immigration non-compliance:
   1. means two or more instances of the non-compliance set out at (b) to (d) above; and
   2. includes where it was only carried out by the other organisation rather than the individual, or where the other organisation was penalised rather than the individual, provided that the individual was acting as a key person in the organisation when the non-compliance occurred.
10. The employer’s key persons must not:
    1. be prohibited from being a director or promotor of, or being concerned or taking part in the management of, an incorporated company or unincorporated body, within New Zealand or overseas, by:
       • being issued a prohibition notice by the Registrar of Companies (who have this power under section 385 of the Companies Act 1993; or
       • virtue of section 382 of the Companies Act 1993; or
       • being disqualified by a court (who have this power under section 233 of the Companies Act 1993); or
    2. have been convicted in the last five years of any offences listed in section 382 of the Companies Act that prohibit a person from managing a company, or any equivalent offence in any other country.
11. Where the employer or any of its key persons have an active verification activities, compliance activities, investigation or case pending for any non-compliance that, if proven, would result in the employer not meeting the requirements of employer accreditation set out in these instructions, the application may be put on hold and any existing accreditation suspended (WA2.55(a)) for up to 3 months at a time or until there is an outcome of the verification, compliance or investigation activities, whichever occurs first. This decision must be approved by an Immigration Manager, and may take into account:
    1. how long it is expected to take to reach an outcome of the investigation; and
    2. the seriousness of any alleged offending and possible ineligibility period if the offending is proven; and
    3. the likelihood of further harm occurring before an outcome is reached; and
    4. where the employer is not aware of the verification, compliance or investigation activities, whether these activities investigation will be jeopardised by putting the application on hold or by suspending any existing accreditation (WA2.55(a)).
12. Where the employer or any of its key persons is being prosecuted for any non-compliance that, if proven, would result in the employer not meeting the requirements set out above, the application for accreditation must be put on hold and any existing accreditation suspended (WA2.55(b)), until there is an outcome of the prosecution. This decision must be approved by an Immigration Manager.
13. The employer must not pass on recruitment, training or equipment costs, in New Zealand and outside of New Zealand, to Accredited Employer work visa holders or applicants, including, but not limited to:
    1. advertising costs; and
    2. recruitment agency fees; and
    3. employer accreditation and Job Check application fees, and any other associated costs such as immigration adviser fees; and
    4. compulsory training and induction costs related to the job (including on-the-job training); and
    5. health and safety equipment required to undertake employment safely; and
    6. branded uniforms; and
    7. trade testing (including testing centre, tester accommodation and salary costs); and
    8. tools where the ownership of the tools is retained by the employer.
14. The employer must not charge fees to Accredited Employer work visa holders or applicants outside of New Zealand, that would be unlawful in New Zealand, including, but not limited to:
    1. any payment to secure or retain an employment relationship; and
    2. bonding agreements for an unlawful purpose; and
    3. deductions from wages or salaries for accommodation, travel or food that are unreasonable or have not been consented to in writing by the worker and included in the employment agreement.
15. Everyone who makes recruitment decisions about an Accredited Employer work visa holder or applicant within the employer’s organisation (for example hiring managers, human resource managers, sole traders, and partners), must complete Employment New Zealand’s online employer modules once within every accreditation period.
16. The employer must not offer employment agreements that includes a trial period provision as set out at WA3.15(q)(vii) to Accredited Employer work visa holders or applicants.

WA2.10.14 Employer requirements to ensure an applicant is both suitably qualified to do the job offered and meets the minimum skills threshold 

1. The employer must take reasonable steps to ensure that a person assigned a job token to apply for an Accredited Employer work visa: 
   1. meets the minimum skills threshold set out at WA4.10.6; and
   2. is suitably qualified to do the job offered as set out at WA4.10.5. 
2. Reasonable steps taken by the employer to ensure a person meets the minimum skills threshold must include one or more of the below: 
   1. sighting evidence of relevant work experience (i.e. documents not written by the person themselves) such as a work reference, payslips, tax certificate, certificate of employment; or 
   2. sighting a qualification certificate awarded to the person that is a Bachelor’s degree or higher specifying the qualification type and awarding institution; or 
   3. sighting a relevant qualification certificate awarded to the person specifying the qualification type and awarding institution that they reasonably believe to be at least NZQCF Level 4. 
3. Reasonable steps taken by the employer to ensure that a person is suitably qualified to do the job offered as set out at WA4.10.5 must include one or more of the requirements above in (b), or one or more of the below: 
   1. requiring a practical test of the person; or 
   2. requiring the person to demonstrate their knowledge through a job interview; or 
   3. sighting evidence that the person holds required occupational registration for the job offered.
4. An employer is considered to have taken reasonable steps as required by (a) above if:
   1. the occupation offered is on the Green List, and the employer has ensured the worker meets the Green List requirements for their occupation; or
   2. the proposed remuneration for the employment is twice the median wage or higher, and the employer has carried out one or more of the steps outlined at (c) above to ensure they are suitably qualified to do the job offered (they are not required to take the steps outlined in (b) above to ensure the minimum skills threshold is met).
5. If an employer is using an agent or organisation to recruit on their behalf, the employer is responsible for ensuring the reasonable steps in (b) and (c) above are taken. 
6. The employer must keep accurate and complete records of reasonable steps taken by the employer, agent, or organisation recruiting on their behalf. 

WA2.10.15 Employers that are substantially the same as another organisation

1. An immigration officer may decline an application if they are satisfied that the employer is substantially the same as another organisation that does not meet the requirements for accreditation, and has been re-established as a new legal entity (the employer applying for accreditation).
2. In determining whether an employer is substantially the same as another organisation, an immigration officer may consider, among other things, whether the organisations:
   1. have the same key people, or share a large proportion of their key people (as defined at WA2.60.10); and
   2. are operating in the same sector or providing the same goods or services; and
   3. have the same telephone number, email addresses, trading location, website or social media site; and
   4. have the same fixed assets.

Effective 11/04/2024