Becoming an accredited employer is just the beginning. Maintaining accreditation requires ongoing compliance with your obligations. Immigration New Zealand monitors accredited employers and can revoke accreditation for serious or repeated failures. This guide explains how to stay compliant.
Understanding Ongoing Obligations
Core Accreditation Commitments
As an accredited employer, you commit to:
Genuine Employment: Roles are real positions with genuine work.
Fair Treatment: Migrant workers treated no less favorably than NZ workers.
Compliance with Law: Meeting all employment, health and safety, and immigration obligations.
Accurate Information: Providing truthful information to Immigration NZ.
Training and Upskilling: Where applicable, contributing to NZ workforce development.
Employment Law Compliance
You must comply with employment legislation:
Minimum Wage: Pay at least minimum wage (currently $23.15/hour—verify current rate).
Employment Agreements: Written agreements for all employees.
Holiday Entitlements: Minimum annual leave, sick leave, public holidays.
Workplace Safety: Meet Health and Safety at Work Act requirements.
Fair Treatment: No discrimination, harassment, or exploitation.
Immigration-Specific Obligations
Beyond general employment law:
Visa Verification: Verify worker visa status before and during employment.
Condition Compliance: Ensure workers comply with their visa conditions.
Notification Requirements: Report certain events to INZ.
Record Keeping: Maintain records required by accreditation.
Accurate Job Checks: Ensure Job Check information is accurate.
Self-Monitoring for Compliance
Regular Compliance Reviews
Establish regular review processes:
Monthly Checks: Verify all migrant workers have valid visas.
Quarterly Reviews: Review wages, conditions, and complaint handling.
Annual Audit: Comprehensive review of all accreditation obligations.
Policy Updates: Keep policies current with regulatory changes.
Key Areas to Monitor
Visa Expiry Tracking: Know when each migrant's visa expires.
Wage Monitoring: Verify wages meet applicable thresholds.
Hours Tracking: Ensure students don't exceed hour limits if applicable.
Complaint Review: Track and properly handle workplace complaints.
Documentation: Maintain required records and documents.
Document Retention
Keep appropriate records:
Visa Copies: Current visa and passport pages for migrant workers.
Employment Agreements: Signed agreements for all workers.
Pay Records: Payroll records demonstrating wage compliance.
Job Check Records: Documentation of Job Check applications.
Training Records: Evidence of training commitments if applicable.
INZ Monitoring and Audits
How INZ Monitors
Immigration NZ uses various monitoring approaches:
Desk Reviews: Reviewing information already held or publicly available.
Information Requests: Asking for specific information or documents.
Site Visits: Physical visits to workplaces.
Worker Interviews: Speaking directly with migrant employees.
Complaints: Investigating complaints from workers or others.
Audit Process
When selected for audit:
Notification: INZ advises you're being audited.
Information Requests: Specific documents and information requested.
Site Visit: Inspector may visit workplace.
Worker Contact: INZ may speak with your migrant workers.
Findings: INZ provides findings and any required action.
Responding to Audits
Cooperate Fully: Non-cooperation worsens outcomes.
Respond Promptly: Meet deadlines for information requests.
Be Honest: Provide accurate information.
Address Issues: If problems identified, take corrective action.
Seek Advice: Consider professional advice for complex situations.
Common Compliance Failures
Wage and Condition Issues
Below Threshold Wages: Paying less than required minimums.
Missing Entitlements: Not providing required leave, breaks, etc.
Excessive Hours: Requiring hours beyond what's agreed or legal.
Unpaid Work: Any form of unpaid labor.
Documentation Failures
Missing Agreements: No written employment agreement.
Incomplete Records: Inadequate payroll or visa records.
Outdated Information: Not updating records when circumstances change.
Poor Organization: Unable to produce documents when requested.
Treatment Issues
Discrimination: Treating migrant workers less favorably.
Bullying/Harassment: Failing to address workplace misconduct.
Exploitation: Any form of worker exploitation.
Retaliation: Punishing workers who raise concerns.
Immigration Compliance Failures
Employing Unlawfully: Workers without valid work rights.
Condition Breaches: Workers breaching visa conditions with employer knowledge.
False Information: Inaccurate Job Check applications.
Notification Failures: Not reporting required events to INZ.
Consequences of Non-Compliance
Accreditation Actions
Warning: Formal warning for minor issues.
Conditions: Additional conditions added to accreditation.
Suspension: Temporary suspension of accreditation.
Revocation: Permanent loss of accreditation.
Impact on Your Business
Cannot Hire Migrants: Loss of accreditation means no new AEWV hires.
Existing Worker Impact: Current workers may be affected.
Reputation Damage: Public listing of enforcement actions.
Other Penalties: May face employment or criminal penalties for serious matters.
Impact on Workers
Visa Issues: Workers may face visa problems if you breached conditions.
Employment Loss: If you can't continue employing them.
Immigration History: Workers affected by employer compliance issues may have this noted.
Remediation and Recovery
Addressing Identified Issues
When problems are found:
Immediate Correction: Fix issues immediately.
Root Cause Analysis: Understand why problems occurred.
System Improvements: Implement changes to prevent recurrence.
Documentation: Document corrective actions taken.
Communication: Keep INZ informed of remediation.
Recovering from Compliance Failures
If accreditation is suspended or revoked:
Understand Requirements: Know what's needed for reinstatement.
Address Issues: Complete any required corrective actions.
Reapply: When eligible, apply for new accreditation.
Professional Help: Consider using accreditation specialists.
Building Compliance Culture
Leadership Commitment
Top-Down: Compliance starts with leadership commitment.
Resources: Allocate resources for compliance.
Accountability: Clear responsibility for compliance.
Modeling: Leaders demonstrate compliance values.
Staff Training
Awareness: All staff understand obligations.
Role-Specific: Detailed training for those handling immigration matters.
Regular Updates: Keep training current.
Documentation: Record training provided.
Systems and Processes
Checklists: Standard processes for key tasks.
Tracking Systems: Automated visa expiry tracking.
Escalation Paths: Clear processes when issues arise.
Documentation Systems: Organized record keeping.
Frequently Asked Questions
How often does INZ audit employers?
Frequency varies. Higher-risk employers, those with complaints, or random selection may trigger audits. Many employers are never audited, others audited multiple times.
What if I discover a compliance issue myself?
Self-disclosure and prompt correction is generally viewed more favorably than issues discovered by INZ. Address issues immediately and document your response.
Can I lose accreditation for one mistake?
Single minor issues usually result in warnings or conditions. Serious breaches, patterns of non-compliance, or fraud can result in suspension or revocation.
How do I know if I'm being investigated?
INZ will typically contact you if you're being investigated. Maintain good records so you can respond quickly if contacted.
What support is available for compliance?
Consider using immigration advisers or HR professionals familiar with accreditation. Industry associations may also provide guidance.
Need help maintaining employer accreditation compliance? Find a licensed immigration adviser who can help you establish robust compliance systems.