2013-Aug 09: Foreign language requirements

Visa Pak 124 - Clarification about foreign language requirements when assessing work applications (Essential Skills or Foreign crew of fishing vessels).

Visa Paks

9 August 2013

Foreign language requirements

We have been made aware of a number of instances where employers are advertising positions with specific foreign language requirements (in particular for foreign crew of fishing vessels) where it may not be necessary for the performance of the work.

When considering an application for an essential skills work visa, or foreign crew of fishing vessels work visa, Immigration Officers must be satisfied that there are no suitably qualified and experienced New Zealand citizens or residence class visa holders available to undertake the work, and whether the employer has made genuine attempts to find suitably qualified and experienced New Zealand citizens or residence class visa holders to undertake that work.  In determining whether genuine attempts have been made by an employer, Immigration Officers consider whether employers have advertised the positions in such a way that no New Zealand citizen or residence class visa holder will or is likely to apply e.g making foreign language skills a requirement when it is not necessary for the performance of the work (see WJ2, WK2.5,WK2.10.5).

Example: advertising for Factory and Deckhands on a fishing vessel, with foreign language ability in Japanese, Korean or Russian.

Staff must ensure that where a foreign language is required by an employer for a specific position, that consideration is given to whether that foreign language is necessary for the performance of the work.