Aspiring Law
02 April 2023, 10:11 PM
Although the Accredited Employer Work Visa (AEWV) has only been in place for eight months, the changes keep rolling out.
Increase to the median wage
From 27 February this year, accredited employers have to pay most of their AEWV workers the new median wage of at least $29.66 an hour. You can find out more about the exceptions here.
This means the median wage is the minimum wage for most AEWV workers (not to be confused with the New Zealand minimum wage that will rise from $21.20 to $22.70 on 1 April this year). We expect reviews of the median wage will continue and we’ll see rises annually.
Automatic 12-month accreditation extension
Previously, when an employer’s accreditation application was approved, the initial accreditation status was valid for 12 months and the business had to apply to renew its accreditation. Now, all standard businesses that apply for accreditation before 4 July 2023, will receive an automatic extension and their accreditation will be valid for 24 months.
While we agree that reducing the administrative burden for accredited employers is helpful, it does raise some concerns about the risk for migrant workers.
The initial accreditation process does not make any inquiries into the business’s operation or compliance with its obligations and only requires a business to declare it will comply with the obligations expected from all New Zealand businesses. Further inquiries are only made at the accreditation renewal stage, so there is a very real risk of businesses being noncompliant for the entire 24-month period.
Removal of worker’s partners rights
So far, partners of an AEWV holder have been eligible to apply for a Partner Work Visa but this is going to change from April this year.
Partners will only be eligible to apply for a Partner Visitor Visa and the only exception to this is if the AEWV holder:
If the AEWV holder doesn’t meet those criteria but the partner wants to work in New Zealand, he or she will need to get an AEWV too.
This poses a new hurdle for couples who want to migrate to New Zealand but won’t affect anyone applying before April 2023 or who already holds a Partner Work Visa.
Why it pays to get it right.
Earlier this month, a New Zealand employer, Ati Aaifou-Olive was convicted on 11 charges under the Immigration Act 2009 for supplying false and misleading information in visa applications.
Aaifou-Olive mislead a group of Chinese construction workers by offering them highly paid work and promising they could bring their families with them, then issuing them with employment agreements. The charge carries a penalty of up to 7 years imprisonment and/or a fine of up to $100,000. Aaifou-Olive is due to be sentenced in March this year.
This conviction reinforces Immigration New Zealand’s determination to put a stop to migrant exploitation.