WR1.10 Requirements for offers of employment

Offers of employment must be:

1. from an accredited employer (as defined at WR1.20); and
2. for employment in New Zealand in the employer's core area of business activity and where the employer will have direct responsibility for their work output; and
3. for a period of at least 24 months; and
4. for full-time employment, (that is it amounts to, on average, at least 30 hours per week); and
5. current at the time of assessing the application and at the time of grant of the visa; and
6. genuine; and
7. for a position with a minimum base salary of NZ$79,560 per annum; and
8. accompanied by evidence of full or provisional registration, or eligibility for such registration, if full or provisional registration is required by law to take up the offer; and
9. compliant with all relevant employment law in force in New Zealand; and
10. with an employer (including any person associated with the employer who is able to influence the recruitment, employment or supervision of workers of that employer) who:
    1. has a history of compliance with employment and immigration law, and
    2. who is not included on a list of non-compliant employers maintained by the Ministry of Business, Innovation and Employment (MBIE) (W2.10.15, Appendix 10 and Appendix 18), and
    3. has not been convicted at any time of an offence under the following sections of the Crimes Act 1961: section 98 (Dealing in slaves), section 98C (Smuggling migrants), section 98D (Trafficking in persons).

Note:
~ Compliance with relevant New Zealand employment law includes but is not limited to:
* a written employment agreement that contains the necessary statutory specified terms and conditions
* meeting holiday and special leave requirements and other minimum statutory criteria
* meeting health and safety obligations.

~ For the avoidance of doubt, the minimum base salary excludes employment-related allowances (for example overtime, tool or uniform allowances, medical insurance, accommodation).

~ Where an employee is to work more than 40 hours per week, the minimum base salary must be calculated on the basis of 40 hours work per week.

~ The minimum base salary requirement of NZ$79,560 (see WR1.10 (f)) may be waived for applicants who have exceptional talent in a declared field of art, culture or sport and who hold an offer of employment in that field from an accredited employer.

WR1.10.1 Offers of employment from an employer who was accredited at the time of lodgement

1. Despite the requirement in WR1.5(a)(i) and WR1.10(a), a work visa under the Talent (Accredited Employer) Work Instructions may be granted if:
   1. the applicant holds an offer of employment in New Zealand from an employer who was an accredited employer (as defined by WR1.20) at the time the application for a visa under the Talent (Accredited Employers) Work Instructions was made (unless WR1.30.1 applies); and
   2. the employer’s accreditation under the Talent (Accredited Employer) instructions has not been rescinded; and
   3. subject to (b) below, the employer does not have an accreditation application under the Talent (Accredited Employer) instructions being processed.
2. Where the employer does have an accreditation application under the Talent (Accredited Employer) instructions being processed, a decision on the work visa under the Talent (Accredited Employer) Work Instructions must be put on hold until the accreditation application is completed. When the accreditation application is completed, the work visa application:
   1. may only be approved if the accreditation application has been approved; and
   2. must be declined if the accreditation application has been declined.

Despite E7.10(a)(ii), immigration officers may apply WR1.10.1 to any work visa application under the Talent (Accredited Employers) Work Instructions that has not been decided and was submitted before the effective date.

Effective 11/04/2024