WJ2 Requests for Approval in Principle

1. Approval in Principle (AIP) requests to recruit foreign crew on fishing vessels are subject to the general objective of work visa instructions (W1).
2. For an AIP to be granted, the New Zealand employer must satisfy Immigration New Zealand (INZ) that:
   1. there are no (or insufficient) suitably qualified and experienced New Zealand citizens or residence class visa holders available to crew a single vessel for the specified period up to a maximum of 12 months; and
   2. there are available places:
      • in the annual foreign fishing crew cap (see WJ1.7(a)); and
      • in the employer’s allocation (as determined by Seafood New Zealand and MBIE Immigration Policy) as part of that cap (see WJ1.7(b)); and
   3. the terms and conditions of employment offered meet the requirements of WJ5.45.10 Employment Agreements; and
   4. it is financially sound (WJ2.5); and
   5. the directors and senior management of the New Zealand employer are ‘fit and proper’ people (WJ2.10); and
   6. it is an acceptable sponsor (see E6.5 and WJ5.10); and
   7. it will comply with all the requirements and obligations set out at WJ5; and
   8. it agrees to the conditions as specified at WJ3.
3. INZ will determine whether the New Zealand employer has made genuine attempts to find suitably qualified and experienced New Zealand citizens or residence class visa holders.
4. To ensure the above requirements have been met, INZ will consult with relevant government agencies including, but not limited to, the Ministry for Primary Industries, Maritime New Zealand, and the Ministry of Social Development.
5. Employers (including any person associated with the employer who is able to influence the recruitment, employment or supervision of workers of that employer) must have a history of compliance with immigration and employment law. An employer is considered to not have a history of compliance if:
   1. it fails to meet the requirements set out at W2.10.15 and W2.10.20, or
   2. it is currently included on a list of non-compliant employers maintained by the Ministry of Business, Innovation and Employment (MBIE) (see W2.10.15, Appendix 10 and Appendix 18), or
   3. it has 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)-

Effective 11/04/2024