Published: 7 October 2024 | Reading Time: 4 minutes
If you are a migrant worker on an Accredited Employer Work Visa (AEWV), changes in your employer’s circumstances—such as a business sale or restructure—can lead to uncertainty. For Accredited Employer, understanding how these transitions affect their accreditation is also crucial. With recent updates to immigration rules, it is more important than ever to stay informed and ensure compliance.
This article will guide you through two common scenarios:
1. Redundancy Due to the Sale of a Business
2. Transfer of AEWV holders to a New Employer After a Sale
Scenario 1: Redundancy Due to the Sale of a Business
When a business is sold, the new owner may choose not to retain the existing migrant staff. In this case, migrant workers on an AEWV could face redundancy.
What Happens to the AEWV Holder?
If your role is made redundant because of the sale of the business, it is essential to be proactive and to act quickly to maintain your immigration status.
Notify Immigration New Zealand (INZ): As soon as you are made redundant, you must inform INZ. Failure to notify them promptly could lead to complications with your visa status.
Explore New Visa Options: Depending on your situation, you may be eligible for:
A Visitor Visa to give you more time to find another job.
A Job Change/Variation of Conditions if you secure a position with another accredited employer but for the same role and in the same location.
A New Accredited Employer Work Visa if you secure a position with another accredited employer with a different job title and/or in a different location.
Plan Your Departure if Necessary: If you cannot find new employment or obtain a new visa in a reasonable time, you may need to leave New Zealand.
What Can Employers Do to Support Their Workers?
For employers selling their business, it is crucial to manage redundancy with care and empathy:
Clear Communication: Notify affected employees as soon as possible and advise them to contact INZ immediately to discuss their visa options.
Maintain Compliance: Promptly notify INZ of the redundancies.
Provide Support: While you cannot continue employing them, offering references, sharing job opportunities, or connecting workers with support services (such as Immigration Lawyers, Licensed Immigration Advisers or Community Law Centres) can help employees to remain lawfully in the country and plan the next steps.
Scenario 2: Retaining AEWV holders
In some cases, the new owner may wish to retain existing employees. This is possible, but it requires following specific steps to ensure all immigration laws are being followed.
What Happens for the New Employer?
If the new employer intends to hire the existing employees, they must meet certain requirements:
Apply for Employer Accreditation: If the business structure and/or the New Zealand Business Number (NZBN) changes, the new employer must apply for accreditation with INZ to be able to hire migrant workers. The new employer must meet all the mandatory accreditation requirements, including demonstrating financial stability and ability to sustain their migrant workers employment.
Update the Employee’s Work Visa: INZ require all AEWV holders who remain in the same role/location but with a new employer (due to business sale or restructure) to apply for a Job Change/Variation of Conditions:
From 6 November 2024, if the role and location remain unchanged, the migrant worker can apply directly for a Job Change/Variation of Conditions to update their visa with the new employer’s details, without the employer needing to apply for a Job Check first.
INZ can now approve a job change before the new employer's accreditation application is fully processed, helping to reduce delays and ensure the worker's employment continues during the accreditation process.
If the role or location changes, the new employer will need to apply for a Job Check before the AEWV holder can apply for a Job Change/Variation of Conditions to update their visa.
Quota and High-Volume Accreditation: It is important to note that AEWV holders transferring to a new employer will count within the new employer’s AEWV quota. If the new employer expects to need more than five AEWV workers, they must apply for high-volume accreditation before employees can submit a Job Change application.
Conclusion:
By acting quickly and working together, both employers and migrant employees can minimise disruption to business operations and the employee’s employment during the transition.
If you need guidance on navigating these changes, do not hesitate to get in touch with me at audrey@abeona.co.nz for tailored advice.
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