Applying for accreditation: checklist for employers using controlling third parties

This checklist is to help employers who need to gain accreditation before hiring migrant workers on the Accredited Employer Work Visa (AEWV).

Employers are encouraged to train, upskill and hire New Zealand workers before they hire migrants. If you are an employer and you cannot find suitable New Zealanders for a role, you can apply to hire migrants on the Accredited Employer Work Visa (AEWV). Before you can get accredited, you need to show you are a viable business and you meet employment and immigration standards.

Note

You do not need to get accredited to hire migrants on other work visa types, such as post-study work or working holiday visas. Employers of Recognised Seasonal Employer (RSE) workers need to be accredited under the RSE scheme.

Recognised Seasonal Employer (RSE) Scheme

Accreditation for employers who place AEWV holders with controlling third parties

This checklist is to support employers who want to place AEWV holders with controlling third parties applying for accreditation and includes additional requirements for this accreditation type.

*Required field

Before you start

Note

You will need a RealMe® login to access Immigration Online.
How to create a RealMe account

Immigration Online

What you will need to complete the online form

Note

Information about your organisation will be pulled automatically from the NZBN Register. You can check or update your details on their website.

NZBN website

This must match details in the Companies Register.

Companies Register website

Note

You can look up your code on the Business Industry Classification Code website.

Business Industry Classification Code website

Note

Key people include directors of a company, partners in a partnership, school principals, and any other person who can influence an organisation’s compliance with immigration and employment law.

You will be asked to provide their:

  • full name
  • date of birth
  • passport number

You will need their consent to provide this information in the application form.

Note

 You can find this on the Inland Revenue website.

Find my IRD number | Inland Revenue website

Note

You can use credit card, debit card, China UnionPay or POLi.

What you will be asked to confirm or declare

Note

If you have been operating for less than 12 months, you will be asked to upload evidence of this.

Evidence you may provide to show you are a viable and genuinely operating business may include:

  • evidence of start-up capital or funding
  • cash-flow or revenue forecasts contracts for work
  • GST returns
  • PAYE returns.

Most other employers will not need to provide evidence upfront, but evidence may be required to show you meet the requirements once the application is submitted or at any time during your accreditation period.

Note

Confirm you will provide AEWV holders with local community and services and employee workrelated settlement information within one month of the employee beginning their employment.

Confirm you will provide AEWV holders with paid work time to complete online employee modules on the Employment NZ website within one month of the employee beginning their employment.

Employment Learning Modules | Employment NZ website

Note

Confirm you will ensure staff in your organisation who make recruitment decisions about AEWV holders will complete the employer modules on the Employment NZ website during your accreditation period.

Employment Learning Modules | Employment New Zealand

Note

For example, if your organisation or any of its key people are currently on the employer standdown list, or if any key people are currently banned from acting as a director of a business, or if your organisation or any of its key people have ever been convicted or charged with an offence under the Immigration Act 2009.

Additional requirements for employers who place migrants with controlling third parties

In addition to meeting standard accreditation requirements above, employers who want to place AEWV holders with controlling third parties will be required to answer questions and make declarations, including for the following:

Note

A compliant controlling third party business must not be on a stand-down list, must declare they are not subject to an immigration stand-down or permanent ban, and must declare they are not aware of any immigration issues that would prevent them becoming accredited in their own right.

Note

From 27 November 2023, accredited employers who place AEWV holders with controlling third parties in some roles in the construction sector must have at least 35% of their workforce made up of New Zealand citizens or residents in full-time employment.

NZ workforce requirements for the construction sector

Additional documents required for employers who place migrants with controlling third parties

Note
  • provide relevant records for AEWV holders placed with them
  • understand visa conditions of AEWV holders placed with them 
  • do not require or force AEWV holders placed with them to undertake work that is inconsistent with their employment agreement or visa conditions
  • do not require or force AEWV holders placed with them to undertake work that does not align with health and safety standards
  • have a plan for addressing workplace bullying, including a complaints process for AEWV holders placed with them and a process to resolve any issues reported by AEWV holders via the complaints process 
  • have a plan for assessing and preventing risk, including a risk register
Note
  • have an NZBN
  • are not on the Labour Inspectorate’s stand-down list
  • have declared that they are not subject to an immigration stand-down period
  • have declared that they have not received a prison sentence for specific offences under the Immigration Act 2009
  • have declared that they have not been convicted of specific offences under the Immigration Act 2009 or Crimes Act 1961
  • have declared that they are not aware of any cases pending, prosecutions under way, or investigations that could lead to inclusion on the Labour Inspectorate’s stand-down list 
  • have declared that they are not aware of any cases pending, prosecutions under way, or investigations relating to specific offences under the Immigration Act 2009 or Crimes Act 1961.
Note

This process must enable AEWV holders to directly report issues to your organisation.

Note

NZ workforce requirements for the construction sector

Complete and upload the declaration when you submit your employer accreditation application. If you do not upload it, there may be a delay in processing your application.

Accredited Employer Workforce Declaration PDF 156KB

What next?

Where you have made any declaration in the online form, you should keep records to show you have complied with this declaration during your accreditation period. We may request evidence of this later.

There are further requirements for employers using controlling third parties following accreditation being granted. These include a range of actions before the AEWV holder is placed, ongoing checks and maintaining records. You also need to make sure evidence of checks, declarations and agreements can be provided to us if requested after you have been accredited and for subsequent employer accreditation applications. You can find these details below.

Extra requirements for controlling third party accreditation

Once employer accreditation is granted, the job check is the next step for employers wanting to hire migrants on the AEWV.

Job check: check what you need and apply