2017-Jun 23: Dealing with visa applications supported by Accredited Employers holding both Labour Hire and Employer Accreditation

Visa Pak 315: Guidelines for Immigration Officers dealing with visas from employers who hold both Labour Hire and Employer Accreditation.

Visa Paks

23 June 2017

There has been some confusion across Immigration New Zealand offices regarding what type of visa a migrant is eligible for if the employer holds both Labour Hire Accredited Employer status and Employer Accreditation (Talent) status.

Talent (Accredited Employers) Work instructions allow overseas workers to be granted a work visa for 30 months which enables the holder to apply for residence under Residence from Work category (RW2) after 24 months. Labour Hire Employers Accreditation, provided for in Essential Skills Work instructions, enables labour hire companies to employ overseas workers in the construction sector in the Canterbury region, and has no work to residence pathway for such workers.

For an overseas worker to be granted a work visa under Talent (Accredited Employers) Work instructions, the employer must have direct responsibility for the employee and their work output. This means the employer is responsible for and manages the employee on a day to day basis. Labour hire companies, however, outsource workers for short or long-term positions to third parties with whom the employer has a contractual relationship to supply labour. While they may be the legal employer, it is the contracted third party that has direct responsibility for those employees and their work output.

Work visas under Talent (Accredited Employers) Work instructions should not be granted to overseas workers who will be outsourced by the labour hire company. Labour hire companies which have dual accreditation may only use their Employer Accreditation (Talent) status to hire overseas workers who meet the relevant instructions, so long as they maintain direct responsibility for them and their output.