BUSINESSES

BUSINESSES

To be effective in this age of globalisation your business needs expertise to ensure your employees get the right visa as quickly as possible. We offer a full range of services focusing on businesses that need to bring executives, managers, specialists, key personnel and their accompanying family members to New Zealand.

WHY ACCREDITATION?

The New Zealand Government is making a number of changes that will affect employers who want to recruit foreign workers. The changes aim to improve the temporary work visa system by ensuring that foreign workers are only recruited for genuine shortages, while also providing incentives for employers to employ and train more New Zealanders.

In line with the new changes, several major changes in NZ immigration system will be implemented over the next 18 months. The most notable changes will occur across temporary work visas, shifting from applicant-focused to employer-focused. By 2021, all employers will be required to be accredited before they are able to employ a foreign worker.

If you are a New Zealand employer and would like to employ international workers, you probably want to know what is the procedure to employ foreign staff and how to become an accredited employer. Getting accreditation would bring you potential benefits as follows:

BENEFITS TO YOUR ORGANISATION

Being an accredited employer under Immigration Laws assists your organisation to:

HOW TO BECOME AN ACCREDITED EMPLOYER?

To become accredited, the employer will need to demonstrate that the organisation meets all of the criteria for accreditation. This includes but not limited to:

  • Having a sound financial position.
  • Having committed to training and employing New Zealanders first.
  • Having a good history of immigration and employment law practice.
  • Having good systems in compliance with health and safety requirements; etc

Once an employer has had their accreditation approved, they will then need to conduct a job check (Labour Market Test) before offering the position a foreign worker. INZ, in this process, will assess whether the job the employer is advertised is genuine, has terms and conditions that are consistent with New Zealand employment standards and that the employer has made a real attempt to recruit a New Zealander. More details with regards to Labour Market Test will be discussed in the next section.

LABOUR MARKET TEST

Generally, New Zealand employers are required to give local New Zealanders a fair go before offering the job to any foreign workers. Many work visa types currently require the employers to conduct a fair Labour Market Test whereby the employer might consider supporting a work visa application only if they have made genuine attempts to recruit New Zealanders but these attempts are unsuccessful. 

In the next 18 months and in line with the upcoming changes, the Government plans to introduce regional skills shortage lists whereby jobs are classified depending on whether they are a higher-paid or lower-paid position or whether they are in regional or city areas. List of cities potentially include Auckland, Wellington, Christchurch, Hamilton and Dunedin.

  • Higher-paid jobs (in regional areas)

Formal Labour Market Test will not be required for employers in rural regions (outside of the major cities) wanting to recruit for jobs that pay above the New Zealand median wage, which is currently $25 an hour. This means that employers recruiting for higher-paid jobs in the regions will have open access to recruit foreign workers.

  • Lower-paid jobs (in regional areas)

Unlike the above higher-paid jobs, all lower-paid jobs in regional areas will be required to pass the Labour Market Test, which includes a requirement for the employer to advertise the job with comparative market rates and to check with the Ministry of Social Development whether they have any clients who are considered suitable, available and trainable that can be matched to the job.

  • Higher-paid and lower paid jobs (in city areas)

In city areas, streamlined Labour Market Test will be strictly required in this case. A visa from 12 months up to 3 years (and/or stand down period) will be granted depending on the skill level of the position.

Learn more about accreditation & labour market test at:

ENTREPRENEUR / INVESTMENT VISAS

ENTREPRENEUR VISA

If you are an experienced entrepreneur who want to build your own business in New Zealand, Immigration New Zealand offers you an option to obtain an Entrepreneur Work Visa then a Resident Visa. After either six months or two years holding a work visa, if the business is profitable and if you have satisfied the investment requirements. you can then apply for residence under the Entrepreneur Residence Category.

To apply, you’ll need to provide a detailed business plan, have at least NZ $100,000 to invest in your business and be able to claim 120 points on our points scale. If the business is in the science or IT sectors which shows a high level of innovation or export potential, you might be waived the requirements of NZ $100,000 capital investment requirement.

INVESTOR VISA

Business and investor visas encourage people who can invest into New Zealand’s economy to live indefinitely in New Zealand. The program allows you to secure conditional resident visa, for you and your immediate family, which allow you to live, work and study anywhere in New Zealand. There are two categories of Investor Resident Visa in New Zealand, Investor 1 and Investor 2.

Investor 1 Category: General requirements

  • Invest at least NZ $10 million to New Zealand over a 3-year period
  • Funds must be earned or acquired lawfully
  • Funds must be invested in an acceptable investment
  • No English language requirements
  • Quota: Unlimited
  • No age limitation

Investor 2 Category: General requirements

  • Invest at least NZ$ 3 million to New Zealand over the 4-year period
  • Funds must be earned or acquired lawfully
  • Funds must be invested in an acceptable investment
  • Age range is up to 65 years old
  • Must have recognised business experience
  • Must satisfy minimum English requirements or alternatively having an English-speaking background
  • Quota: 400 per year

Whilst both entrepreneur or investor categories might sound like a position option, there are some of the advantages and limitations to both these visas, for examples these visas are conditional and only became indefinite if you maintain your eligibility over the required period. Further, the decline rate of these visas is also reasonably high as many times the business is not actually profitable as predicted or the applicant cannot prove that their available funds are legally acquired.

If you are considering these visa types, talk to our expert team, we will be able to help determine whether you are likely to be eligible.

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