2012-Oct 26: WD1 – Graduate Work Experience – ‘Relevance’

Visa Pak 88 - Reminder on WD1 – This is to provide clarity as to when qualifications are considered relevant to a job offer under WD1(g) and WD1.5.

Visa Paks

26 October 2012

This is to provide clarity as to when qualifications are considered relevant to a job offer under WD1(g) and WD1.5. The instructions appear below with the sections important for assessing relevance highlighted.

WD Study to work instructions

Objective

The Study to Work instructions contribute to the overall work instructions objective (see W1) by facilitating and retaining access of New Zealand employers and industry to global skills and knowledge. This is achieved by providing a pathway to skilled employment and residence in New Zealand for highly skilled graduates and matching these workers to the needs of the economy.

WD1 Graduate Work Experience Visa

A work visa will only be granted where an immigration officer is satisfied that the offer of full-time employment is one which will provide practical experience relevant to the applicant's course or qualification.

WD1.5 Relevance of qualification(s) to employment

Qualifications are relevant to employment if:

a. the major subject area and level of the principal applicant's recognised qualification is directly applicable to the employment; and

b. the immigration officer is satisfied that the qualification was a key factor in the employer's decision to employ the principal applicant in that position.

Assessment of ‘relevance’

Officers should consider the following factors when assessing whether a job offer under WDI is relevant to the qualification:

  1. WD provides a pathway to skilled employment. This is noted under the objective of WD Study to work instructions. The job offer for WD1 does not have to meet the definition of Skilled Employment under the Skilled Migrant Category (SMC).
  2. Despite the ‘pathway’ reference in the objective, WD1 requires that there must be a direct link between the qualification and the current job offer. A job offer that is not relevant to the qualification but that could be used as a potential ‘stepping stone’ to a relevant skilled job as part of a future SMC application does not meet this requirement.
  3. When assessing whether relevance under WD1.5 is met a range of factors should be taken into consideration, it may be helpful for officers to: 
    a. Consider whether the applicant will actually make use of the qualification and if necessary ask the applicant and the employer to provide examples of how the applicant uses the information learnt from obtaining the qualification in their day to day work.
    b. Look at the portion of time they spend on particular tasks i.e. how long they spend doing tasks related to their qualification. Applicants should spend a significant part of their day undertaking tasks directly applicable to their qualification.
    c. Compare the job description to the subject areas of the qualification. 
    d. Consider whether the job can be done competently by someone without the qualification. This will provide an indication as to whether the qualification was a key factor in the employer’s decision to employ the applicant as per WD1.5(b).
    e. Find out whether the job advertisement required the qualification. This may assist when determining whether WD1.5(b) is met.
  4. Wage rates on their own are not determinative of whether a job is relevant, but are an indication of the level of qualification or experience required for the position. For example if the job requires a person with some skills they’ve gained from a qualification, it would be expected that this would be reflected in the pay.
  5. The information on the skills shortage lists should not be used to determine whether the qualification is relevant to the job offer.
  6. Each job description needs to be assessed on a case by case basis and particular occupations or industries should not automatically be excluded.

Examples

  1. Clearly relevant - Applicant completed a Diploma in Accounting and provides a job offer as a Junior Bookkeeper. The qualification is directly applicable and relevant to the job offer.
  2. Maybe relevant, further assessment required - Applicant has a Diploma in Management and has a job offer as a supervisor in a restaurant or supermarket. Look beyond the job title and consider the actual tasks included in the job description and ask for actual examples of how they use their qualification, consider points 1-6 above.
  3. Not relevant – Applicant as a Diploma in Management and a job offer as a Forecourt Attendant in a Petrol station. They don’t have any supervisory functions, spend most of their time pumping petrol and serving customers and are paid slightly above the minimum wage.

Please discuss this issue with your staff and encourage staff to discuss cases with other branches and/or Technical Advisors.