There are various immigration policies designed to ensure that people migrating to New Zealand have the skills that are really needed here. They also ensure that no New Zealanders are disadvantaged by foreign workers entering the labour market.
To work out if the position you need to fill meets immigration requirements you need to answer these questions:
- Is the job considered skilled according to immigration policy? Does it require experience and qualifications?
- Does it appear on the ?
- Does it appear on the ?
- Are there no New Zealanders available to do the job?
- Is it a short or long term role?
If it is a skilled, permanent position a potential employee should check their eligibility for residence under the Skilled Migrant category. This works on a points system with the majority of points being earned for a job offer in a skilled occupation. People who are accepted under the Skilled Migrant category will usually be granted residence and can stay and work in New Zealand permanently.
If the role is on the , and the candidate has the work experience and qualifications listed specifically for that position, they may get a Work permit through the Talent Work category. A Work permit will be granted for the length of the employment contract, up to a maximum of three years. Although the permit is a temporary option, people who come to New Zealand on this type of visa can apply for residency through the Work to Residence programme after working here for two years. Once here they cannot work for another employer or in another location without applying for a variation to their permit conditions, in essence going through another application process. Once they have been granted residence, they may work for any employer.
A person who has skills listed on the is able to apply for a temporary Work visa or permit if they have a relevant job offer and the work experience and qualifications listed for that position.
If the role you are seeking to fill is not on one of the skill shortage lists or is not considered skilled according to immigration policy, you need to be able to demonstrate that you cannot find suitably skilled or qualified New Zealand workers or New Zealand workers who could be trained to do the work. The Department of Labour will undertake a labour market test to confirm this.
To go through the labour market test before you have found a candidate you should apply for Approval in Principle. This means that you are pre-approved to hire people in the positions specified within the time specified, typically six to twelve months. You can apply for Approval in Principle to hire many people and this is valid until you have filled the number of positions specified in your application, or until the expiry date.
If you have already found someone you wish to employ, and you can meet the labour market test, you can assist the candidate to apply for a General Work visa or permit. You will have to supply information to meet the labour market test to support their application. It is better to apply for and be granted an Approval in Principle in advance as this provides more certainty for employer and employee.
If you need to employ someone for a specific purpose or event (such as intra-corporate secondment, senior level transfer, sports referee or judge, performing artist, specialist machinery installer) you may be able to support that person’s Work visa or permit application through a Specific Purpose category.
People with exceptional talent in the fields of art, culture or sport may, with the support of a recognised New Zealand organisation in that field, be eligible for a Talent Work permit.
Several industries have been recognised by the Department of Labour as experiencing severe shortages of semi or unskilled labour. Seasonal labour policies are being tested and developed to help in these areas. Talk to business organisations in your industry to find out what is going on in your area or visit www.immigration.govt.nz to see the latest information.
People holding Work permits that have been granted due to a job offer, can only work for that employer, in that location, and only for the term specified on their permit. Before their permit expires they must go through the Work permit process again and must meet the policy requirements that are current at that time. They may qualify for another category by that time. For example, many people with New Zealand Work permits may later be eligible for residence under the Skilled Migrant category.
People who hold a current Australian Permanent Residence visa or a current Australian Resident Return visa can get New Zealand residence at the border provided they meet our standard immigration character and health requirements.