How to hire foreign workers in New Zealand – Work Visas

If you want to hire a foreign worker for your business, you must
ensure that they have a valid visa with working rights. While the
candidate will generally be responsible for applying for the visa,
you will need to provide some supporting documentation. However,
various laws have changed your obligations around recruiting
foreign workers for temporary work. This article explores what to
keep in mind when you want to hire foreign workers in New Zealand
as a business.

Steps You Need to Take

Check if the Employee Can Legally Work for You

Before you hire foreign workers, you need to check that their
visa conditions allow them to work in NZ. If they do not have a
visa, you:

• may still offer them the position on the condition that they
  acquire a valid visa before starting employment; and




• should check that they have acquired a valid visa through
  VisaView on the Immigration NZ website before proceeding with
  hiring.

You cannot legally hire foreign workers
if they do not have a valid visa with working rights.

Conduct a Labour Market Test

Most visas require you to conduct a labour market test to
confirm whether any New Zealanders can fill the role before you
hire foreign workers. You should be able to show that you made a
genuine attempt to attract and recruit suitable domestic workers
for the job, including providing evidence of:

• internet advertising; and




• a report on how many applications you received.

The labour market test takes a fairly strict approach. You need
to:

• list the salary when advertising the job;




• provide information about low-paid jobs to the Ministry of
  Social Development (MSD); and




• accept potential workers referred by MSD for a low-paid
  job.

If you cannot find any suitable New Zealanders for the role, you
can proceed with hiring foreign workers.

What Are the Most Common Working Visas?

There are two main types of work visas, which are:

• temporary; and




• residence.

A temporary visa has a set period of time, usually less than
five years. On the other hand, a resident visa allows the worker to
stay in New Zealand indefinitely.

The temporary visa can be either ‘open’ or ’employer
supported’. An open visa means the worker already has a visa
that allows them to work for you. Some examples of open work visas
include:

Employer Supported Visa

If the foreign worker does not have an open visa, they can apply
for an employer-supported visa. Before they can apply for this
visa, you need to offer them a job. The most common
employer-supported temporary visa is the Accredited Employer Work
Visa (AEWV), which was previously known as the Essential Skills
Visa.

Residence Visas

The main residence visa is the Skilled Migrant Category Visa.
This is a points-based visa and takes into account the foreign
worker’s:

• job offer;




• salary;




• work experience and academic qualifications;




• age; and




• job location.

The foreign worker must first submit an expression of interest
(EOI) before Immigration New Zealand will invite them to apply for
residence. Many foreign workers come to New Zealand on an Essential
Skills Visa and then move to the Skilled Migrant Category Visa.

AEWVs

The AEWV launched in July 2022 and seeks to link your business
and the worker requiring a visa. Before your foreign worker can
apply for this visa, you will need to become an accredited
employer. You can get accreditation and hire foreign workers for a
period of three years.

Additionally, there are some limitations, such as that you:

• will need to pay at least the median wage in New Zealand;
  and




• have carried out a labour market test and cannot find a
  suitable New Zealander for the role.

You must be accredited to hire foreign workers on the new
temporary work visa.

The temporary visa replaces the:

• Essential Skills Work Visa;




• Essential Skills Work Visa — approved in principle;




• Talent (Accredited Employer) Work Visa;




• Long Term Skill Shortage List Work Visa;




• Silver Fern Job Search Visa; and




• Silver Fern Practical Experience Visa.

Since 2021, if you want to hire a foreign worker on the new
temporary work visa, you will need to obtain:

• the mandatory employer accreditation;




• a job check, including a market salary rate check to make sure
  that you will be paying the worker in line with the NZ market
  rate,




• a labour market test to ensure New Zealand workers are not
  available; and




• a worker check to ensure that they have the character, health
  requirements and skills to work in their new position.

Updates to the Law in 2024

Migrant exploitation is a serious employment and immigration
issue. From 6 January 2024:

• you must provide employment related documentation within 10
  days when requested by an Immigration Officer; and




• the Chief Executive of MBIE may publish your name for not
  following relevant immigration law.

You should ensure that you always follow new legal updates.
Starting from 6 January, you cannot:

• allow someone to work for you when they are legally not allowed
  to;




• employ someone in a way that is inconsistent with the working
  rights in their visa; and




• fail to supply any requested documentation to Immigration
  NZ.

Although many of these changes do not change your existing
obligations, they standardise the penalties you may incur for a
breach.

Key Takeaways

You must follow certain requirements before hiring foreign
workers, such as checking their visa conditions to confirm whether
they can legally work in New Zealand and conducting a labour market
test to ensure that there are no alternative suitable domestic
workers.