WR1.20 of the Instructions, defines an accredited employer as “a New Zealand employer who has had an application for accreditation to employ persons under the Talent (Accredited Employers) Work Instructions approved by INZ”.
Under instructions WR1.1, the objective of the policy is to “allow accredited employers to supplement their New Zealand workforce in the core area of their business activity” through the recruitment of workers who are not New Zealand citizens or residence class visa holders, whose talents are required by the employer; with the accredited employer having direct responsibility for those employees and their work output.
The ‘high standard’ threshold is a comparative one, consequently it must be compared against other employers within the same industry.
If we apply this to practice, we can simply ask INZ to select any small business at random and query whether this business has “HR policies and process of a high standard”.
In our analysis of these decisions we referred to policy, taking the following into account: Under each of the requirements listed above, there is a list of factors that an immigration officer may consider in determining whether an employer has made the said requirement.
It is noted that the wording of the policy under WR1.25.5 makes it quite clear that this list is not conclusive.The premise behind most applications for accreditation is a company’s anticipation of its future needs to recruit talented staff from offshore due to increasing difficulty in finding candidates with suitable skills within the local labour market.Having accreditation status allows companies the flexibility to hire offshore workers.Tangible benefits exist for both employer and employee under the scheme.Accreditation allows an employer to recruit offshore applicants without the need for a local ‘labour market test’ – an often complex, time consuming and uncertain process, requiring evidence a migrant is the only suitable applicant.The positions to which those individuals would be recruited utilising the accreditation status, will be roles within the company which will not undermine the conditions of local workers based onshore.WR1.25.5 of the instructions discusses what a case officer must consider when determining an application for accreditation.This article provides an insight into what it means to be an ‘accredited employer’ for immigration purposes.I traverse the current policy and associated challenges and look at changes suggested by the Minister of Immigration in a consultation discussion document released in December 2018.For many businesses, obtaining accreditation status was a means by which they could recruit offshore workers and save both time and money in the process.Those that were already accredited were able to benefit from fast-track application processing and simplified documentation requirements which meant that applications were relatively straightforward.