Hiring overseas workers can indeed be beneficial for your business, bringing new contacts, skills, and perspectives. Whether you choose to hire them to work in New Zealand or their home country, there are several considerations to keep in mind.
When businesses hire someone from overseas, the usual practice involves the individual relocating to New Zealand for work. Many roles, such as fruit picking, healthcare provision, and in-person training, require physical presence. However, for exporting purposes, businesses might also consider hiring someone to work for them overseas.
What you need to know about exporting
Hiring people from overseas presents specific challenges in both scenarios, such as job advertising, ensuring appropriate visas, and managing cultural differences. This page outlines considerations for each situation and discusses a new visa scheme aimed at assisting businesses in securing needed workers while prioritizing opportunities for New Zealanders.
Only licensed immigration advisers, Citizens Advice Bureau staff, and lawyers are authorised to provide immigration advice. This means you cannot advise on the best visa to apply for or the specific documents needed for visa applications.
Tips: Overseas candidates don’t need a visa to apply for or be offered a job.
In many cases, candidates must have a job offer to support their visa application. This requirement is common for individuals seeking to obtain a visa to work in a foreign country.
Hiring overseas workers in New Zealand
Finding and hiring workers overseas— Immigration New Zealand
Think about their visa
Anyone who isn’t a New Zealand citizen or resident must have a valid visa with work rights to legally work in New Zealand. As an employer, you will need to be accredited and demonstrate that there are no suitable New Zealanders available when hiring someone on an Accredited Employer Work Visa. This process is further detailed in the section titled ‘Hiring someone on an Accredited Employer Work Visa’.
Things to consider before hiring migrants— Immigration New Zealand
Job Check: check what you need — Immigration New Zealand
Workplace training
Verify the tuition subsidies available for migrant workers under the Ministry of Business, Innovation and Employment’s Immigration Rebalance for work-based learning.
Rebalancing New Zealand’s Immigration System — Tertiary Education Commission
Support their visa application
To hire someone who doesn’t have a visa allowing them to work in New Zealand, they must apply for a work or resident visa before starting work. You need to determine the requirements and steps for their visa application.
Recognised Seasonal Employers Limited Work Visa — Immigration New Zealand
Help them settle
Use available resources and services to assist newcomers in understanding Kiwi terms like ‘bring a plate’ and cultural symbols like a chocolate fish, helping them settle into New Zealand life quickly. This adjustment not only reduces their stress but also enhances their productivity and happiness at work, benefiting your business overall.
Use these free resources and services to prepare for their arrival and help them adjust.
Support migrant staff — Immigration New Zealand
Create a welcome kit — Immigration New Zealand
Video: Preparing for your migrant — Immigration New Zealand
Workplace training for migrant staff
Verify if your staff members qualify for subsidised workplace learning opportunities now.
Hiring someone already in New Zealand
Even if you’re not actively seeking to hire someone from abroad, applicants responding to your job advertisement might be international. It’s crucial to verify whether their visa permits them to work in New Zealand before extending a job offer.
Utilise VisaView to confirm their eligibility to work in the country.
VisaView— Immigration New Zealand
Fact: The new median wage rise of $29.66 will take effect starting February 27, 2023. This adjustment will impact the salary thresholds for the Accredited Employer Work Visa and other visa categories, although certain sectors may be exempted from these changes.
Find out more about the median wage increase– Immigration New Zealand
Hiring someone on an Accredited Employer Work Visa (AEWV)
The Accredited Employer Work Visa (AEWV) is a strategy for hiring skilled migrant workers when no New Zealanders are available for a specific job. It emphasizes training and upskilling local talent before considering overseas candidates. Generally, jobs offered to AEWV holders must meet or exceed the market rate and at least the median wage.
Becoming an accredited employer entails a commitment to assisting overseas workers in settling in New Zealand. This includes providing information on obtaining an IRD number, outlining accommodation and transportation options, and guiding them on accessing health services.
Benefits for businesses, New Zealanders, and overseas candidates
The AEWV arrangement ensures several key outcomes:
- Businesses can access the necessary skills and workers they require.
- New Zealanders are prioritised for job opportunities.
- Overseas candidates benefit from greater clarity about their prospective roles in New Zealand and experience a streamlined visa application process.
Additionally, this arrangement combats worker exploitation by excluding businesses that have recently failed to meet immigration requirements or employment standards from participating.
Existing visas remain valid
Existing visas remain valid until their expiration date, provided visa holders continue to fulfil their conditions. The need to consider becoming an accredited employer arises in two situations:
- When intending to hire someone from overseas under the Accredited Employer Work Visa (AEWV) scheme.
- If someone currently in New Zealand is not legally authorized to work for your organization.
How to apply for AEWV employer accreditation — Immigration New Zealand
Three steps to hiring someone on the visa
Before someone can enter on the visa, several steps must be completed:
Apply to Become an Accredited Employer:
Businesses must meet the minimum accreditation requirements, and additional criteria may apply based on the nature of the business and the number of hires planned under the visa.
The application for accreditation can be submitted through the Immigration New Zealand website.
How to apply for AEWV employer accreditation — Immigration New Zealand
Apply for a Job Check
Once accredited, the next step is to apply for a Job Check. This process verifies that the job has been advertised to New Zealanders as a priority. The Job Check also confirms details such as:
- Job terms and conditions
- Minimum and maximum pay rates
- Job location
- Minimum qualifications, work experience, or skills required for the role.
How to apply for a Job Check— New Zealand Immigration
Get your candidate to apply for the visa
Once the Job Check is approved, have your candidate apply for the visa. Provide them with a copy of the employment agreement and the signed job offer.
Ensure that the candidate’s experience and qualifications align with the approved Job Check requirements.
You must also send a request for the migrant to apply via your Immigration Online Dashboard, which will generate an email to the candidate with a unique job token link. The candidate must open the link and accept the request before starting their application.
Workers have been able to apply for visas since July 4, 2022.
Accredited Employer Work Visa — New Zealand Immigration
Following employment laws
When hiring anyone, regardless of their origin, you must comply with New Zealand employment laws. This includes adhering to minimum employment rights, such as:
- Providing a written employment agreement
- Paying at least the minimum wage
- Offering minimum leave entitlements
- Ensuring a safe workplace
Overview of the hiring process
Creating an employment agreement
Getting someone to work for you overseas
If you export or manufacture overseas, hiring staff in that country might be beneficial, as it gives you more control over their work schedule and methods compared to contractors.
However, employing staff also brings certain obligations. You may need to pay employment tax, superannuation, and fringe benefit tax. Additionally, having staff could establish a “fixed place of business,” which might result in further obligations such as additional taxes and reporting requirements.
Think carefully before you set up overseas
Think about working with an agent
Consider working with an independent agent rather than hiring staff to avoid the obligations mentioned earlier. Ending a relationship with an agent is typically easier than terminating an employee.
Generally, an independent agent:
- Has a written contract outlining their duties
- Can choose their clients and work hours
- Provides their own tools and equipment
- Does not receive holiday pay or sick leave
Check the relevant country’s laws and industry regulations to determine the specific definition that applies to your situation.
Think about people in your supply chain too
When buying from overseas manufacturers or producing goods abroad, ensure workers are treated fairly and ethically. Even if these workers are not your direct employees, customers will want assurance that the products are made under humane conditions.
You can take actions such as:
- Ensuring workers are paid at least the minimum wage in their country
- Conducting a risk assessment to identify and evaluate the likelihood of unfair conditions
- Asking suppliers to adhere to a code of conduct
- Requiring suppliers to report on workers’ conditions.
If you export or manufacture overseas, you may want to hire staff in that country. Having staff means you have more control about when and how they work than if they were contractors.
But having staff also means obligations. For example, you might have to pay employment tax, superannuation and fringe benefit tax. Also, having staff might create a “fixed place of business”, a status which could trigger more obligations like taxes and reporting.
Think carefully before you set up overseas
Think about working with an agent
Try to work with an independent agent instead of hiring staff, for the reasons above. Also, stopping work with an agent is usually easier than asking staff to leave.
Generally, 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.
Think about people in your supply chain too
If you buy from overseas manufacturers or make your goods overseas, you’ll need to 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.
Procurer’s approach to assuring ethical and sustainable work practices in supply chains — Employment New Zealand
Ethical and sustainable work practice due diligence— Employment New
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