Master prompt
AEWV refusal — accreditation / Job Check / Work Check issues
AEWV refusals at any of the three checks (Employer Accreditation, Job Check, Migrant Worker). Different remedies per check.
New ZealandAEWVRefusalAccreditationJob CheckWork Check
The Accredited Employer Work Visa (AEWV) introduced July 2022 has three sequential checks (Operational Manual WK):
CHECK 1 — EMPLOYER ACCREDITATION (Standard / High-volume / Franchisee / Triangular)
CHECK 2 — JOB CHECK (specific role + location + wage)
CHECK 3 — MIGRANT WORKER VISA (individual worker eligibility)
Each check has distinct refusal grounds + remedies. Failing any check blocks the visa.
Refusal remedies:
• Employer Accreditation refusal: appeal limited; reconsideration via INZ or fresh application after remediation
• Job Check refusal: typically not separately appealable; address via fresh Job Check
• Migrant Worker refusal: reconsideration under s.185 if 14 days + lawful at time
Draft a 600-700 word recovery strategy for [CLIENT_NAME] hired by [EMPLOYER_NAME] for [POSITION_TITLE] (ANZSCO [ANZSCO_CODE]) where [WHICH_CHECK_FAILED] failed.
§1 — DIAGNOSE WHICH CHECK + WHY (150-180 words)
For [WHICH_CHECK_FAILED] with grounds [REFUSAL_GROUNDS]:
If EMPLOYER ACCREDITATION failed:
Common reasons:
• Compliance breaches (failure to pay correct wages, breach of employment law)
• Inadequate HR practices (no induction process, no worker orientation)
• Financial instability (employer unable to pay wages sustainably)
• Previous AEWV non-compliance (overworking migrants, breaches of conditions)
• For franchisee: franchisor non-cooperation or franchisee history issues
Recovery: employer remediation + re-application (not the worker's fight)
If JOB CHECK failed:
Common reasons:
• Wage below median wage threshold (currently NZD 31.61/hour — verify current)
• Labour market test (LMT) deficient — advertising not 21+ days, channels not adequate
• Job not genuine (suspected pass-through arrangement)
• Role not suited to ANZSCO code claimed
• Location/role mismatch with accreditation
Recovery: employer addresses + new Job Check application
If MIGRANT WORKER VISA failed:
Common reasons:
• Qualifications not suited to role (qualification-occupation mismatch)
• Experience insufficient
• Skills assessment fail (where required)
• Health (A4) or character (A5) grounds
• Bona fide intent doubts (worker not appearing genuine for role)
Recovery: address worker's specific issue + reconsideration / fresh application
§2 — EMPLOYER ACCREDITATION REFUSAL — REMEDIATION (150-180 words)
[EMPLOYER_NAME] must address each refusal ground:
A. Compliance failures:
• Rectify any unpaid wages / leave / overtime owed
• Implement employment-law-compliant contracts
• Engage HR consultant if systemic issues
• Document remediation (employee acknowledgements of corrections)
B. HR practice gaps:
• Implement migrant worker induction (mandatory under AEWV instructions)
• Document training programs
• Establish complaint mechanism + worker support contact
• Provide induction in worker's language if required
C. Financial stability:
• Updated audited financial statements
• Bank statements showing sustainable payroll
• Forward-looking financial projections
D. Re-application timing:
• Fresh accreditation application after remediation
• Application fee NZD 740 (Standard) / 1,980 (High-volume) / 3,870 (Franchisee) — verify current
• Processing: typically 6-12 weeks
E. If [EMPLOYER_NAME] previously banned from accreditation:
• Ban period must elapse (typically 12-24 months)
• Robust remediation evidence required
• Engage immigration counsel + employment lawyer
§3 — JOB CHECK REFUSAL — RE-APPLICATION (150-180 words)
A. Wage threshold:
• If wage below median: increase wage in offer letter (employer-side)
• Salary structure adjustment: base + benefits + any bonus
• Re-issue offer letter with compliant wage
B. Labour market test:
• If advertising deficient: re-run 21+ days on appropriate channels
• Common channels: Trade Me Jobs, SEEK, MSD Work and Income (mandatory for some occupations)
• Document each advertisement (screenshots with dates)
• Genuine engagement with applicants (interview NZ-eligible applicants if any apply)
• Document why NZ-eligible applicants were not suitable (objective reasons matching role requirements)
C. Genuine job:
• If officer suspected pass-through (worker brought to NZ but actual work elsewhere): employer must demonstrate the role is for [EMPLOYER_NAME] directly
• Triangular employment (labour-hire): may require AEWV triangular accreditation
D. ANZSCO matching:
• Role duties must align with ANZSCO [ANZSCO_CODE] core tasks
• If mismatched: either change ANZSCO code (matching actual role) or adjust role to ANZSCO
• Updated position description aligned to ANZSCO duties
E. Green List + Sector Agreement exemptions:
• If ANZSCO [ANZSCO_CODE] is Green List Tier 1 / Tier 2: Job Check exempt (verify)
• Some sectors have Sector Agreements (e.g. care workforce) — different rules
§4 — MIGRANT WORKER VISA REFUSAL — RECONSIDERATION (130-160 words)
For [CLIENT_NAME] refused at Migrant Worker Check:
s.185 Reconsideration available if:
• [CLIENT_NAME] lawfully in NZ at time of refusal (e.g. on Visitor Visa)
• Request lodged within 14 days
Reconsideration submission:
• INZ Reconsideration Request form
• Detailed submission addressing each refusal ground
• [NEW_EVIDENCE] organised against refusal grounds:
- Updated qualifications evidence (NZQA assessment if not previously done)
- Additional experience letters (signed, on company letterhead, role-specific)
- Skills assessment (e.g. NZQA International Qualifications Assessment, professional body assessment for regulated occupations)
- Updated medical / police certificates if health / character issues
- Personal statement addressing bona fide intent
• Fee NZD ~240
• Decision: same office, 4-8 weeks typical
If [CLIENT_NAME] OFFSHORE at time of refusal: reconsideration NOT available; only fresh application.
§5 — STRATEGIC ALTERNATIVES (80-100 words)
Even if [WHICH_CHECK_FAILED] cannot be cured:
• Different employer with valid accreditation
• Different ANZSCO occupation (if [CLIENT_NAME] qualifies)
• Green List occupation (if eligible) — Tier 1 = straight to residence, Tier 2 = work to residence
• Sector Agreement role (if eligible)
• Skilled Migrant Category EOI (independent of employer) if [CLIENT_NAME] qualifies under 6-point system
• For workers already in NZ: post-study work, partner-supported work, other visa categories
§6 — TIMELINE + EXPECTATIONS (40-60 words)
• Employer remediation + re-accreditation: 3-6 months total
• Fresh Job Check after remediation: 4-8 weeks
• Migrant Worker reconsideration: 4-8 weeks
• Full re-cycle (worst case): 6 months from refusal to new visa grant
• Plan [CLIENT_NAME]'s visa status during the gap — overstaying risks s.61 territory
— DRAFT only. Licensed Immigration Adviser (IAA-licensed) or NZ lawyer review required. AEWV recovery often requires coordinated employer + worker action. Employer-side remediation may need employment-law counsel in addition to immigration adviser. Unlicensed advice is a criminal offence under the Immigration Advisers Licensing Act 2007.Unlock the vault to see the full prompt