Accreditation for the Accredited Employer Work Visa (AEWV) in New Zealand is a necessary process for employers to get and keep. To obtain this accreditation, employers must comply with a range of immigration and employment laws. Failing to do so can result in penalties which could significantly affect your business. It is important that employers understand what legal compliance for AEWV accreditation in New Zealand involves and how to ensure they are meeting the required standards

This article will outline what is meant by legal compliance for AEWV accreditation in New Zealand, as well as the potential penalties that may be incurred if you fail to meet these requirements.

To get accreditation you and key people in your business must not have:

• employed a migrant who did not have the right visa or visa conditions to work in that role
• provided false or misleading information to us
• a pattern of immigration breaches in other businesses you, or your key people, have been involved in
• been banned from acting as a director
• been subject to a stand-down period for breaching minimum employment standards or committing immigration offences
• been permanently banned from sponsoring work visas for committing serious immigration offences.

Stand-down periods for breaching minimum employment standards

If If you breach minimum employment standards you may be stood-down or permanently banned from supporting migrants on work visas.

To ensure that employers comply with the regulations of employment standards, The Labour Inspectorate maintains a stand-down list of those who have committed breaches. When you apply for accreditation to hire migrants, we conduct checks on this database to guarantee your eligibility.

Stand-down periods for Immigration Act offences

There are some offences under the Immigration Act 2009 where the court imposes a fine, but no other penalty. If you are convicted of one of these offences you will be stood-down for a defined amount of time. This means you will not be able to sponsor work visas during that time.

The offences leading to a stand-down period are:

• knowingly providing false or misleading information
• aiding and abetting someone to remain in New Zealand unlawfully or breach their visa
• resisting or obstructing an Immigration Officer
• publishing false or misleading information
• allowing someone to work for you when they are not entitled to.

Your stand-down period is determined by the fines you are given in court. If you are fined:

• up to NZD $999.99 — you are stood down for 6 months from the time the penalty is imposed
• between NZD $1,000 to 9,999.99 — you are stood down for 12 months from the time the penalty is imposed
• between NZD $10,000 to 24,999.99 — you are stood down for 18 months from the time the penalty is imposed
• NZD $25,000 or more — you are stood down for 24 months from the time the penalty is imposed.

Regaining accreditation

Once the stand-down period has expired, it is essential to demonstrate that any noncompliance issues were addressed and measures are in place to ensure they do not recur. In addition, opening a new business under another name will not excuse previous compliance transgressions - it will be still taken into account.

Permanent bans for serious immigration offences

You will be permanently banned from sponsoring work visas and sentenced to prison if you are convicted of any of the following Immigration Act offences:

• helping someone to remain in New Zealand unlawfully
• assisting someone to breach the conditions of their visa, or
• resisting or obstructing an immigration officer.

You will also be permanently banned from sponsoring work visas if you are convicted, regardless of the penalty, under the Immigration Act for offences including:

• helping someone to remain in New Zealand unlawfully or to breach their visa conditions for your material benefit
• falsifying documents, or
• knowingly providing false and misleading information.

If you are found guilty of any charge under the Crimes Act, your opportunity to sponsor work visas will be forever revoked, regardless of the sentence. Here are some pointers that lead to it.

• exploiting migrants or illegal employees
• slavery
• smuggling or trafficking migrants.

To know more book a consultation with Professional Visa Solutions

We will guide you through the entire accreditation process, advise on compliance matters, and fully support your business in all areas of the Accredited Employer Work Visa.

We are here to help and ensure that the whole process is as stress-free as possible for you. Contact us today!