October 22, 2022
When Immigration New Zealand (INZ) classifies your business as one that employs migrant workers with controlling third parties, you must meet additional requirements prior to hiring on the Accredited Employer Work Visa (AEWV).
Defining a controlling third party
A controlling third party:
- Is a separate legal entity from direct employer named on worker’s employment agreement; or
- has an agreement with the employer permitting its employees to work for the controlling party; or
- can control employees as if they were direct employers
Checklist for controlling third parties for Accreditation
This checklist is intended to assist employers who wish to place Accredited Employer Work Visa (AEWV) holders with controlling third parties seeking accreditation, and includes additional requirements for this type of accreditation.
- Your organization’s New Zealand Business Number (NZBN) which matches with the Companies Register
- Your organization’s Business Industry Classification (BIC) Code
- Details (such as date of birth, full name and passport number) of Director’s of a Company, Partners in Partnership or School Principal or any other person who can affect the compliance of an organization with immigration and employment law
- Your organization’s IRD number
- Pay application fee
- Declaration of your business (such as confirming genuineness and viability of your business, confirming you can provide the AEWV migrant worker with facilities etc.)
- Additional requirements will include confirmations and related documents:
- Confirm that you will only place AEWV holders with compliant third-party controlling businesses and secure the relevant agreements from these businesses
- Confirm that you have adequate mechanisms to monitor the employment and safety conditions of the AEWV holder when they are placed with the controlling third party
- Confirm that you will respond appropriately to concerns voiced and identified by the AEWV owner
- Confirm you have a 12-month history of employing people in New Zealand
- Confirm that at least 15 percent of your workforce placed with controlling third parties is comprised of New Zealand citizens or permanent residents in full-time employment
For detailed information regarding the checklist and documentation for the accreditation process for employers using controlling third parties please visit the link here.
To gain a better understanding of the above and to learn more about them kindly get in touch with us. Please do not hesitate to contact Immigration Advisers New Zealand Ltd. at firstname.lastname@example.org or call on +64 09 3790219. Our experienced team of Licensed Immigration Advisers will be happy to guide you.
Vandana Rai is a Senior Licensed Immigration Adviser and has built a reputation around her rare set of skills, which could be considered ideal for her legal profession.