2015-Mar 27: Definitions to key terms to support the labour market test for essential skills work visas

Visa Pak 204: Definitions on key terms under the Essential Skills Work Visa category to support labour market tests.

Visa Paks

27 March 2015

Definitions to key terms to support the labour market test for essential skills work visas

The Minister of Immigration and the Minister for Social Development have recently agreed to mutual definitions for the following terms, which are used for labour market tests:

  • ‘Available’,
  • ‘Suitable New Zealand citizens or residents who can take up the work on offer’ and
  • ‘Suitable New Zealand citizens or residents who can readily be trained to do the work on offer’.

Defining these terms will improve the clarity and consistency of the advice Work and Income (W&I) provides to Immigration New Zealand (INZ) and make the process for approving or declining visa applications more transparent. These definitions have been incorporated into immigration instructions, and were included in an Amendment Circular published on 20 March 2015 (Amendment Circular 2015-05 is unfortunately no longer available).

W&I and INZ will both use the new definitions when undertaking Labour Market Checks (LMC); and INZ will use them to determine whether or not a labour market test (LMT) has been met. Whilst primarily focussed on the advice from W&I for occupations at skill levels 4 and 5 in the Australia & New Zealand Standard Classification of Occupations (ANZSCO), the definitions will apply to all work visa applications that require a LMT. Staff should also refer to the new immigration instructions in correspondence with clients to ensure clear and consistent information is provided about the LMT process.

Skill Level 5 Positions

For positions classified as ANZSCO skill level 5, INZ will consider that work experience and qualifications are not relevant. This means every jobseeker will be considered readily trainable to do the work on offer. To determine the availability of New Zealand citizen or residence class visa holders, the requirements specified in the new definitions will still need to be considered (i.e. that the New Zealander is located in the local region or willing to move to that region, can practically make it to the workplace, is available to work the hours required, can pass required drug tests, etc.).

Publications

The new definitions will be published on INZ’s website and on Ministry of Social Development websites. INZ will also issue advice to Immigration Advisers and employers to ensure they are aware of the changes and new processes, as well as W&I’s role in the LMT.

Labour Market Check Process

No changes have been made to the LMC process. However, to enable W&I to provide accurate advice, staff are reminded that relevant information supplied in the Employer Supplementary Form must be included in the notes section in the LMC portal, including, but not limited to:

  • The general requirements for the position, such as work experience and qualifications
  • Any specialist skills required for the position, such as speaking a second language; and
  • Any additional requirements, such as a drivers licence or a clear health/drug/criminal check

500 Character Limit

There is a 500 character limit (including spaces) in the notes section in the LMC Portal. Staff are therefore reminded that any information that does not fall within the 500 character limit will not be received by W&I. The list of requirements for a position should therefore be concise.

Additional Requirements

To satisfy INZ that there is a genuine need for any requirements that are supplementary to those listed in the ANZSCO, employers must:

  • explain why the additional requirements are necessary; and
  • demonstrate that the remuneration offered reflects the additional requirements

If considered reasonable, W&I will only advise that New Zealanders are available if they meet the additional requirements. If W&I consider that New Zealanders could be trained to the level required by the employer, the advice will state this.

A change will be made to the Employer Supplementary Form (INZ 1113) to encourage employers to provide any additional information they would like considered.

Action

  • Ensure that staff are aware of all the information above, and that they follow this advice.
  • Update any Essential Skills information on your office’s web page to reflect this advice.