Job Change applications following a business sale or restructure

Immigration New Zealand (INZ) has updated the rules for varying visas after a business sale or restructure.

Current rules

When a business is sold or restructured, Accredited Employer Work Visa (AEWV) holders cannot keep working if their employer changes as a result of that process. Instead, a Job Change must first be submitted, and to request a Job Change, employers often need to re-advertise the role and submit a Job Check.

To make things more complicated, the new employer must also be accredited before either the Job Check or Job Change applications can be submitted. This can cause significant delays, leaving new employers short-staffed and migrant workers with gaps in their employment.

Update

From 6 November 2024, most AEWV holders will be able to go through a simplified process if their employer changes due to a business sale or restructure. A Job Change will still be required; however, a Job Check will only be required if the worker’s location or occupation also changes. Applicants will need to submit information explaining why a Job Change is required, like a letter from the new employer explaining that a business sale or restructure has occurred.

To streamline the process, INZ will be able to decide the Job Change before the new employer’s accreditation application is decided. This is provided the new employer has applied for accreditation.

Any transferring AEWV holders will count towards the new employer’s quota of five AEWV holders for standard accreditation. If this will result in an employer exceeding this quota, they will need to upgrade to high-volume accreditation before the Job Change is submitted.

Our thoughts

The current process following a business sale or restructure has caused significant delay and inconvenience for both employers and migrant workers. This update is a positive change that makes sense, given in most cases the impacted migrants will continue to work in the same role and location.

Want to know more?

Please contact our specialist Immigration Team.

PDF version: Immigration alert – business sales