We know that for many operators going through the steps of the Accredited Employer Work Visa (AEWV) application process it is important for the process to be completed in a reasonable time-frame to enable you to complete your recruitment process. It can be frustrating if the time taken to process applications is longer than expected.

While there are many variable reasons as to why Job Check and AEWV processing may take time, according to Immigration NZ many Job Check and Accredited Employer Work Visa (AEWV) applications currently being submitted, are missing key information, which is impacting overall application processing times. Submitting applications with complete information means Immigration Officers can spend more time making decisions, as applications with complete information are generally processed faster, compared to when Immigration NZ (INZ) has to request this information.

The Immigration NZ website has new guidance about how to advertise and what to do before applying for a Job Check which should be useful guidance on how to submit complete Job Check applications.

Key things to note:

Job Checks

• Ensure the advertising has closed prior to the Job Check being submitted.
• Make sure to include the pay rate or pay range in the advertisement. It is not sufficient to provide the pay range in the job listing search settings, but not state it in the advertisement.
• Ensure advertising with Work and Income has been completed where required. The listing with Work and Income must be consistent with advertising undertaken generally for a skill level 4 or 5 position. This does not mean it needs to be identical or include the same information – as long as the information does not conflict, this will be consistent with policy requirements.
• Ensure you select the right ANZSCO code at the time the application is submitted.
• Employment agreements must contain all clauses required by employment law. Many are missing a statement that sexual harassment personal grievances must be raised within 12 months. Here is a link providing information on this clause under What an employment agreement must include / Types of pay. Using a Restaurant Association Employment agreement template is the best way to avoid this issue.
• Employment agreements must also have all clauses required by immigration instructions:
  • provide a minimum 30 hours of work per week
  • describe the maximum hours allowed and the provisions for overtime payments (for salaried employees)
  • provide a pay period not longer than one month
  • not include bonding clauses or unlawful deductions
• Employment agreements must not include a trial provision as defined in section 67A (2) of the Employment Relations Act 2000 (a ’90 day trial’).

Accredited Employer Work Visas (AEWVs)

• Job descriptions must be provided with the work visa application.
• Sufficient evidence of work experience must be provided. Evidence must demonstrate that the suitably qualified requirements are met, as well as the minimum skills threshold.
• Evidence of meeting English language requirements must be provided. INZ will not hold applications for English tests to be undertaken.
• Police certificates must be provided (if the worker is staying for more than 2 years).
• If the employment agreement is amended at the Job Check stage, ensure the amended version is submitted with the Work Visa, instead of the previous version.

Please contact the RA Helpline for clarification or assistance – 0800 737 827.