Staff on Accredited Employer Work Visas don't transfer automatically to a new owner. What's required depends entirely on how the deal is structured - and getting it wrong can stop your staff working on day one.
If you're buying or selling a business that employs people on Accredited Employer Work Visas, you must pay attention to immigration requirements alongside the deal. AEWV staff don't automatically move to the new owner. What needs to happen depends on whether it's an asset sale or a share sale, and the two are very different.
Asset sale - immigration work is triggered
In an asset or business sale, the purchaser forms a new entity, so there's a new NZBN. That means the new owner has to apply for Employer Accreditation, and a streamlined Job Check for each position, and each AEWV holder has to lodge a Job Change to attach their visa to the new employer.
The critical point: staff cannot work for the new employer until their Job Changes are approved. You can’t avoid it by paying cash in the meantime - working for an employer their visa isn't tied to is a breach of both immigration and employment law. This is the trap that catches people who assume settlement day and start-work day are the same day. They aren't.
Share sale - usually no Job Change needed
In a share sale, the NZBN is unchanged. The company keeps its Accreditation, and no Job Change is needed - you only have to notify Immigration of the new Key Persons. That's simpler on the immigration side.
But it comes with a catch worth understanding: because you're buying the company as it is, the buyer inherits full liability for the company's past employment and immigration issues. A clean immigration position is something to check before you buy, not after.
The order things happen in (asset sales)
For an asset sale, the sequence matters. Employer Accreditation is lodged first for the purchaser's new entity. Job Changes can be worked on while Accreditation is still processing. A streamlined Job Check attaches the staff visas to the new employer once the Job Change is approved. Only once the new visa is issued can the staff member begin work for the new employer. Miss the order, and you can end up at settlement with staff who legally can't start.
Get us in early
The best time to bring us in is at listing or offer stage, not at settlement. A quick conversation early lets us scope the immigration steps before they affect your settlement date - work out which staff are affected, map the plan, and line the applications up so approvals land when you need them. We work alongside the buyer's lawyer, and our sister company Pivotal People can handle the employment agreements, payroll and HR side so the people part is covered end to end.
If you're buying or selling a business with migrant staff, talk to us at the offer stage. We'll scope the immigration steps before they affect your settlement date. Only Licensed Immigration Advisers and lawyers can give immigration advice on your specific circumstances.
