When to hire someone from overseas
You may want to hire someone from overseas:
- who moves to New Zealand to do work like picking fruit, providing health care, or carrying out in-person training
- who stays overseas and helps you manage your exports.
In both cases, hiring people from overseas presents unique challenges, like advertising the job, making sure they have the right visa and dealing with cultural differences.
Hiring someone from overseas to work in New Zealand
When you want to hire someone from overseas to work in New Zealand, consider these things.
Advertise in the right place
You need to advertise for the right person on a platform they use.
SkillFinder is a free online tool to connect you with skilled workers overseas interested in living and working in New Zealand.
SkillFinder – Immigration New Zealand
Think about their visa
Anyone who isn’t a New Zealand citizen or resident needs a valid visa with work rights to work in New Zealand. They need to apply for the visa, and you’ll need to be accredited and show that there are no suitable New Zealanders available.
Support their visa application
If the person you want to hire doesn’t have a visa that allows them to work in New Zealand, they’ll need to apply for a work or resident visa before they start work. You will need to support their application process.
Hiring people from overseas – Immigration New Zealand
Help them settle
Someone from a different cultural background might need support to adjust to life in New Zealand. The sooner they adjust, the better things will be for your business too – because they’ll be happier and more productive at work.
Hiring someone already in New Zealand
You might not be trying to hire someone from overseas, but someone who answers your job advert may be from overseas. Even if they’re already in New Zealand, you should check that their visa allows them to work here.
Accredited Employer Work Visa (AEWV)
The Accredited Employer Work Visa (AEWV) is an approach to hiring skilled migrant workers where no New Zealanders are available to do a job.
Train and upskill locals wherever possible before turning to overseas candidates. Jobs available for AEWV holders are expected to pay the relevant market rate in New Zealand.
If you become an accredited employer, you’ll have to commit to helping overseas workers settle in New Zealand. This includes helping them with:
- getting an IRD number
- finding accommodation and transport options
- accessing health services.
Existing visas remain valid
Current visas continue to be in force until they expire, as long as visa holders continue to meet conditions. You only need to think about becoming an accredited employer:
- when you want to hire someone from overseas on an AEWV
- if someone in New Zealand isn’t legally allowed to work for you.
How to apply for AEWV employer accreditation
Check eligibility
You'll need to meet minimum accreditation requirements. You may also have to meet extra requirements, depending on what your business is and how many people you want to hire on the visa.
Get your business information ready
Before you start your application, you’ll need to make sure you:
- have a New Zealand Business Number (NZBN)
- have a Business Industry Classification (BIC) code
- are a registered employer with Inland Revenue.
Immigration can also process your accreditation application faster if you can show your business is viable and in a good financial position. Check the Immigration website to see what financial information you need to get ready.
Financial evidence for accreditation – Immigration New Zealand
Apply for accreditation
You apply for accreditation through Immigration online. Follow their steps to complete your application and make sure you are ready to pay the application fee. They will email you to let you know when your application has been processed.
Applying for AEWV employer accreditation – Immigration New Zealand
How to hire as an AEWV accredited employer
Advertise the job
Before applying for a job check you must see if there are suitable and available New Zealanders to do the job. And, you must also make genuine attempts to attract and recruit them. These requirements do not apply to Green List roles.
Check the requirements for advertising the job and what roles are exempt from advertising.
Advertising the job before your job check – Immigration New Zealand
Apply for a job check
Complete this step within 90 days of your job advertisement closing. Head over to the Immigration website and follow their steps to complete your application.
Support the candidate to apply
Once you’ve found the right candidate, you’ll need to send them an email request to apply for their visa through Immigration online. Before they start their visa application, you must give them a copy of their employment agreement and a copy of the signed employment offer.
Support your candidate to apply for a visa – Immigration New Zealand
Help workers settle in New Zealand
Part of your responsibilities as an accredited employer is to give AEWV workers information about the local community and services within the first month of employment, to help them get settled.
Helping AEWV workers settle in New Zealand – Immigration New Zealand
Hiring someone to work for you overseas
If you export or manufacture overseas, you may want to hire staff in that country. Having overseas staff means:
- you have more control about when and how they work than if they were contractors
- you may have obligations such as paying employment tax, superannuation and fringe benefit tax
- it might create a fixed place of business, which could trigger more obligations, such as taxes and reporting.
Working with an agent
You might want to consider working with an independent agent instead of hiring staff. Also, stopping work with an agent is usually easier than asking staff to leave.
An independent agent is someone who:
- has a written contract that describes what they do
- can choose who to work for, and what hours to work
- brings their own tools and equipment
- doesn’t earn holiday pay or get paid for sick leave.
Check the laws in the relevant country and industry to find out the definition that applies to your case.
People in your supply chain
If you buy from overseas manufacturers or make your goods overseas, make sure the workers are treated fairly and ethically. Even if the workers aren’t your staff, customers will want to know that goods are made humanely.
You could do things like:
- check that the workers are being paid at least the minimum wage in their country
- think about how likely unfair conditions are (carry out a risk assessment) and look into the risks you identify
- ask suppliers to follow a code of conduct
- get suppliers to report on workers’ conditions.
Follow employment laws
You must comply with New Zealand employment rules when you hire anyone, no matter where they’re from. This includes meeting minimum employment rights, for example:
- providing a written employment agreement
- paying minimum wage
- giving minimum leave entitlements
- providing a safe workplace.
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