WR1.30 Making an application under the Talent (Accredited Employers) Work Instructions (01/11/2021)

Applications under the Talent (Accredited Employers) Work Instructions must:

1. be made on or before 31 October 2021 unless WR1.30.1 or WR1.30.5 applies; and

   Note: Applications received on or before 31 October 2021 will continue to be processed. Applications received after this date will not be accepted. This does not apply to applications for a subsequent visa under WR1.30.1 or WR1.30.5.

2. meet all the requirements under Generic Temporary Entry instructions for lodging an application for a temporary entry class visa as set out at E4, except the requirement to provide evidence of funds for maintenance in New Zealand or evidence of sponsorship. This requirement is met through the provision of an offer of employment (see WR1.10); and
3. include an offer of employment from an employer that meets the requirements for offers of employment set out at WR1.10; and
4. include, where necessary:
   1. 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 of employment (see SM19.5 for the list of occupations requiring registration); or
   2. evidence from the New Zealand Medical or Dental Council that they are eligible for full or provisional registration subject only to attending a personal interview with a Council representative within one month of their arrival in New Zealand; and

      Note: For medical practitioners, registration within a 'special purpose scope of practice' is not full or provisional registration for the purpose of a residence application or a work to residence application.

5. include, (if the offer of employment has a minimum base salary of less than NZ$79,560 per annum), evidence that the applicant has exceptional talent in a declared field of art, sport or culture (see the Note to WR1.10); and
6. include a completed General Medical Certificate (INZ 1007) and a Chest X-ray Certificate (INZ 1096) (except in the case of a pregnant woman) and any associated medical or laboratory reports required for the medical or chest X-ray certificates; and

   Notes:
   ~ All medical and chest X-ray certificates and associated reports must be less than 3 months old at the time the application is made unless A4.25(c) applies.
   ~ Medical and chest X-ray certificates may be submitted directly to INZ by the physician who completes the examination.

7. include police certificates from the applicant's country of citizenship and from any country in which they have lived for 5 or more years since attaining the age of 17 years.

   Notes:
   ~ Police certificates must be no more than 6 months old when the application is lodged, unless A5.10(d) applies.
   ~ For the avoidance of doubt, the minimum base salary excludes employment-related allowances (for example overtime, tool or uniform allowances, medical insurance, accommodation).

WR1.30.1 Applications for a subsequent work visa under the Talent (Accredited Employers) Work Instructions for applicants who have made a residence application

1. Despite the requirements at WR1.5(a)(i) and (ii), WR1.10(a), (c) and (g), WR1.10.1 and WR1.30(a), applications for a subsequent work visa under the Talent (Accredited Employers) Work Instructions may be approved if the applicant:
   1. holds a Talent (Accredited Employers) work visa at the time they apply; and
   2. has made an application for residence under the Talent (Accredited Employers) residence instructions and a decision on that residence application is yet to be made; and
   3. has an offer of employment that:
      • is for a period of at least 12 months; and
      • is for the same employer that is supporting their application for residence under the Talent (Accredited Employers) residence instructions
      • is for a position that continues to meet the minimum base salary that was in place when they applied for their initial Talent (Accredited Employers) work visa; and
      • meets all other requirements of WR1.10, except (a), (c) and (g).
2. Visas may be granted under these instructions for the length of time required to decide the application made under Residence instructions for holders of work visas granted under the Talent (Accredited Employers) work instructions, up to a maximum duration of 24 months.
3. Where the associated residence application in (a)(ii) above is declined the applicant is not eligible for further visas under this instruction unless they are granted a new work visa under WR1 instructions and have submitted a new residence from work application based on holding the new work visa for at least 24 months.
4. Despite E7.10(a)(ii) immigration officers may apply these instructions to any work visa application under the Talent (Accredited Employers) Work Instructions that has not been decided and was submitted before the effective date.

WR1.30.5 Applications for a subsequent work visa under the Talent (Accredited Employers) Work Instructions for applicants offshore at the time the work visa expired

1. Despite the requirements at WR1.5(a)(i) and (ii), WR1.10(a) and (g) and WR1.30(a), applications for a subsequent work visa under the Talent (Accredited Employers) Work Instructions may be approved if the applicant:
   1. had commenced employment in New Zealand while holding a visa granted under the Talent (Accredited Employer) Work Instructions; and
   2. departed New Zealand before 19 March 2020 and returned to New Zealand after 31 October 2021; and
   3. was in New Zealand at the time the application is made; and
   4. has an offer of employment from an employer who:
      • is an accredited employer (as defined by WR1.20); or
      • supported the initial visa under the Talent (Accredited Employers) work instructions; or
      • held accreditation (as defined in WR1.20) under the Talent (Accredited Employer) Work Instructions after 31 March 2021 that has since expired; and
   5. has an offer of employment that:
      • is for a period of at least 24 months; and
      • is for a position that continues to meet the minimum base salary that was in place when they applied for their initial visa under Talent (Accredited Employers) Work Instructions; and
      • meets all other requirements of WR1.10, except (a) and (g).
2. Visas may be granted under these instructions as set out in WR1.5.1.

Notes:
~Where a visa is granted under WR1.30.5 the 24 month period will restart for the purposes of residence instructions, that is a holder of a visa granted under the Talent (Accredited Employer) Work Instructions must hold that visa and be employed in accordance with RW2(b) for a period of 24 months.
~A visa granted under WR1.30.5 does not prevent an applicant from applying for a subsequent visa under WR1.30.1 if those requirements are met.

Effective 01/11/2021