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Essential Skills work category: questions and answers for employers and workers

Monday, 27 July 2009

What is the Essential Skills work category?

The Essential Skills work category replaced the General work category on 28 July 2008. One of the key differences between the two categories is that Essential Skills will differentiates between occupations on the basis of their skill level. 

 

Many of the principles of General work instructions have been carried over to the Essential Skills category, most importantly:

  • the requirement that there must be no New Zealand workers available before an employer is allowed to recruit an overseas worker; and
  • the requirement that the terms and conditions of the employment, including the pay, meet those of the New Zealand market.

Where an occupation is included in the Long Term Skill Shortage List or the Immediate Skill Shortage List, INZ will accept there is a shortage of New Zealand workers. In all other cases, employers must demonstrate they have made genuine attempts to recruit a New Zealander.

 

The objectives of Essential Skills work category are not met by a person undertaking employment in their own business rather than for a third party. People wishing to obtain a work visa by establishing and operating their own business in New Zealand should apply for a Long term Business Visa (see our Operational Manual WR5).

How is an occupation's skill level determined?

Skill level is primarily determined by the occupation’s placement on the Australian and New Zealand Standard Classification of Occupations (ANZSCO), an independent list of occupations compiled by Statistics New Zealand and the Australian Bureau of Statistics. Skill level one occupations are the highest skilled and skill level five occupations are the lowest skilled. The ANZSCO can be accessed at www.immigration.govt.nz/anzsco.

What are the skill level specific measures?

There are two provisions under the Essential Skills work category which relate to specific skill levels, one for highly skilled workers and one for lower skilled workers.

Highly Skilled

Overseas workers applying for a visa on the basis of an offer of employment for a skill level one occupation can apply for a five year visa, provided their base salary will be above $55,000. Each person can only obtain one five year visa (but can apply for further visas to extend their stay, with those further visas granted for a maximum of three years each, providing that the need for the worker still exists).

Lower Skilled

Immigration New Zealand (INZ) seeks advice from Work and Income with every application for a visa for lower skilled workers (ANZSCO skill levels four and five) to find if there are unemployed New Zealanders available to take up the work. The only exception to this is where Work and Income has informed INZ of a regional labour shortage for a particular occupation or industry. Visas for successful applicants whose application is based on an employment offer for an occupation classified as an ANZSCO Skill Level 4 or 5 will be granted for a maximum duration of one year.

What forms do I need to fill in?

Workers must complete the Work Visa Application (INZ 1015) PDF.

Employers must complete either:

  • Request for Approval in Principle (INZ 1112) PDF, or
  • Employer Supplementary Form Work Visa Application (INZ 1113) PDF.

It may be useful to look at the ANZSCO to determine the skill level of the position and the level of training and work experience that would generally be required for a person to be considered qualified to undertake that work. This is not however compulsory.

What can I do to make sure an application is processed smoothly?

  1. Provide the ANZSCO code of the occupation on the Application to Work in New Zealand Form or the Employer Supplementary Form. A space will be added to the forms where this information can be provided. Although it is not compulsory, it will assist INZ in processing your application.
  2. If you are an employer seeking a worker to fill a lower skilled position, approach Work and Income before supporting a work application for an overseas worker. If Work and Income already knows it is unable to fill the position, it will be able to provide this advice to INZ sooner, reducing the processing time of the application.
  3. Ensure that all the application forms are completed and all relevant documents are provided.  
    Employers: make sure you provide the employment agreement, the job description and evidence of attempts to recruit New Zealanders (for example details of contact with Work and Income, any advertising for the position in newspapers or websites, evidence that a recruitment company has been engaged, and, if necessary, evidence of why New Zealanders who applied were not able to be appointed).
    Workers: provide evidence that you are suitably qualified and experienced for the role, and make sure any necessary police checks or medical certificates are included.

Page Last Updated: 06 Sep 2011
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