Are you interested in hiring migrant workers? We have a number of employer services to help you become an accredited employer with Immigration New Zealand and help you with your ongoing compliance.
Since July 2022, any employers wanting to hire overseas workers are required to first become accredited with Immigration NZ. As the laws around hiring migrant workers are complex and constantly changing, it is important that your business is compliant with any applicable immigration laws.
Here at Pier Law we can advise your business on:
- Employer Accreditation and Job Check
- Immigration Audit Compliance
- Recognised Seasonal Employer Scheme
Employer Accreditation and Job Check
Are you struggling to fill your open roles with New Zealand workers and are considering hiring migrant workers? You will first need to ensure that you are an accredited employer.
There are a few steps to becoming an accredited employer which include showing compliance across a range of areas including sound HR policies, labour law compliance and fair pay. This process was introduced in 2022 as a way to streamline the process of hiring migrant workers while also protecting them against migrant exploitation.
There are 4 different levels of accreditation that you can apply for:
- Standard accreditation – this is for standard businesses hiring up to 5 migrants.
- High-volume accreditation – this is for standard businesses hiring 6 or more migrants.
- Franchisee accreditation – this is for businesses that are part of a franchise. For this accreditation there is no limit to how many migrants you can hire.
- Controlling third party accreditation – this is for businesses who place migrants with third parties while being the direct employer named in the employment agreement. For this accreditation there is also no limit to how many migrants you can hire.
After you become accredited with INZ, you will be asked to do a Job Check before you can hire any migrant workers. The purpose of a job check is to ensure that there are no New Zealand workers that could first fill this position. This was put in place as the government aims to first prioritise the hiring and upskilling of New Zealand workers. It also helps to ensure that the majority of migrant workers are being recruited into high skill roles such as those on the Green List.
The laws around hiring migrant workers are constantly being updated, and so to ensure that you are compliant with the relevant laws, get in touch with us today and we can work alongside you from start to finish.
How we can help:
- Advising on the requirements of each stage to ensure the employer meets staffing needs in the most effective and efficient way
- Identifying potential issues for each stage of the process, including those that may affect the next stage, and ensuring these are suitably addressed as early as possible
- Informing and educating the management team on the increased obligations that INZ place on employers in relation to the recruitment process, hiring migrants, and education and settlement assistance for those migrants
- Preparing each stage of the process and being the client’s point of contact throughout
- Identifying possible residence pathways for employees and ensuring employers give employees the full support they need to achieve their goals
Immigration Audit Compliance
As an employer it is important to make sure that you are complying with all the applicable immigration laws when it comes to hiring and employing migrant workers. Failure to comply with immigration laws may put you at risk of being fined or having your accreditation revoked.
Even if you are already an accredited employer, the laws around hiring migrant workers are constantly changing, and so it is important that you work alongside an immigration specialist to ensure your ongoing compliance.
How we can help:
- Reviewing your documents and providing reports to ensure that you are complying with immigration laws and making sure that you are adhering as an accredited employer
- Reviewing your hiring processes and databases
Recognised Seasonal Employer (RSE) Status
If you run a horticulture or viticulture business, you may be able to hire migrant workers under the Recognised Seasonal Employer (RSE) Scheme. This scheme allows you to hire workers from Pacific countries to help with planting, maintaining, harvesting and packing crops.
The RSE Scheme was introduced to allow employers in horticulture and viticulture businesses to supplement their New Zealand workforce with citizens from eligible Pacific countries or residence class visa holders. You must first prove that the need for workers cannot be met by the New Zealand workforce, and that you have actively sought to train and recruit New Zealand workers. The scheme also aims to promote best practices within the horticulture and viticulture industries, foster economic growth, and enhance overall industry productivity.
When you apply for the RSE scheme, you must provide evidence showing that your business:
- Is financially sound
- Has good human resource practices and policies in place
- Is committed to training and employing New Zealanders
- Has good workplace practices through it’s health and safety policies
- Workers hired on a RSE visa will be able to stay and work in New Zealand for up to 7 months over an 11 month period.
- Think this scheme is the right one for your business? Get in touch with us today and we can help you start the process of hiring migrant workers for your business.
Our experienced Immigration team will work alongside you to guide your business through the complex processes of Immigration Law.
At Pier Law, we not only assist in navigating the complexities of hiring migrant workers but also offer comprehensive advice to help your business thrive within the legal framework. By partnering with us, you gain access to a wealth of knowledge and expertise, ensuring that your journey in employing migrant workers is not only seamless but also compliant with the latest regulations.