Standard Vs High-volume Accreditation Rules Are Confusing

A major source of confusion is that standard and high-volume accreditation are defined by the number of migrant workers hired at any one time. But it’s not clear what an employer should do when staff numbers increase, necessitating a change in accreditation status.

“If you surpass the five-migrant threshold and have to transition from standard and high-volume accreditation, how do you do that?” says Martin. “If you have to go back to the beginning, apply for high-volume accreditation, and that delays the ability for a potential employee to file a work visa, that could produce a lot of frustrating false starts.”

Martin contends that transitioning to the new policy should be made simple for existing accredited employers: “They are already acknowledged as good employers by INZ, so INZ should set a low fee and not require much additional evidence to gain standard accreditation. They could then upgrade to high-volume status as an add-on, if needed, or just transition straight into high-volume accreditation, regardless of the number of work visa holders on staff. That would be the fair thing to do.”

New rules requiring 15% of NZ workforce may not be possible

Labour hire companies and other businesses placing migrant workers with third parties must demonstrate that at least 15 percent of their workforce are New Zealanders in full-time employment. “If you’re operating in an area of massive skills shortage like construction, you may not actually have that choice.”

The job check will make standards harder to meet

The job check gateway is clearly intended to make labour market test requirements harder for employers to meet. Only the highest-paying roles will be exempt from labour market testing while reduced requirements will benefit employers in Auckland, Hamilton, Wellington, Christchurch, and Dunedin only. Cities experiencing rapid growth like New Plymouth and Tauranga will still have the full burden of labour market proof.

INZ claims it’s about improving the productivity of NZ employers

“Expecting employers to improve productivity is rich, coming from an organisation that makes one decision per day and has a two-year backlog in the skilled migrant category. From an HR perspective, it will actually make businesses less productive because they’ll be tied up in all the additional red tape of a multi-stage process just to get a work visa launched,” Martin says. “I expect we’ll see a lot of casualties along the way, and businesses will end up having to seek help or, at worst, question whether it’s worth carrying on.”

Exploitation will not be eradicated

The reform is intended to protect migrant workers from exploitation, yet it doesn’t apply to all migrant workers – only skilled migrants. Companies can still hire students or migrants with open work visas without needing to be accredited.

“If Immigration New Zealand really wanted to protect migrant workers from exploitation, they would create a skilled work visa not linked to individual employers rather than reinforcing it, as they are doing here. It would be simple to create a work visa with conditions that link a work visa holder to an occupation in a certain region, for example, carpenters in Auckland.

“The current system denies migrant workers the ability to seek better terms and conditions by making it hard to change employers. It also adds to the employer’s workload when trying to hire, particularly in sectors with chronic skills shortages. Why are migrants less deserving of the ability to improve their pay and conditions than local workers?”

Training New Zealand workers to fill job shortages is a lofty goal

The new accreditation system is aimed at getting employers to focus more on training, which Martin says isn’t a bad objective. But for some jobs, training will not address what makes it difficult for employers to fill that vacancy – New Zealanders don’t want to do the work.

“If New Zealanders don’t want a job because it’s not aspirational to them, no amount of pay or upskilling is going to solve that. The reality is that many young New Zealanders don’t want to go into retail, hospitality, or aged care because they don’t see it as a long-term career.”

Further information:

Aaron Martin – Principal Immigration Lawyer at New Zealand Immigration Law

Aaron Martin is one of New Zealand’s most highly regarded immigration law practitioners. He has extensive experience in assisting individuals, SMEs, and large multinational corporations.

With over 20 years in general legal practice and a thorough working knowledge of relevant tax law and commercial law, Aaron is skilled in assisting investor-category applicants and migrants planning to establish a business in New Zealand.

NZIL - New Zealand Immigration Law

New Zealand Immigration Law is based in Te Atatu, Auckland.

NZ Immigration Law offers practical, professional advice and legal counsel on immigrating to New Zealand. We simplify the application process for our clients and eliminate the guesswork. We’re passionate about using our professional and people skills to help make our clients’ dreams a reality.

www.nzil.co.nz

Useful links:

Link to New Zealand Immigration Law’s free Migrant Information and Resources

Link to New Zealand Immigration Law’s blog for other articles and opinion pieces

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