2016-Apr 01: Essential skills work visas multiple locations (specific to the Canterbury region)

Visa Pak 253 - Advice for staff about multiple locations while on an essential skills work visa for employment in Canterbury region.

Visa Paks

01 April 2016
 

Multiple locations – immigration instructions specific to the Canterbury region
Occasionally, it may be appropriate for an Essential Skills work visa to allow work for a single employer in multiple locations. This was detailed in previous advice issued on 13 March 2015.

Immigration instructions relating to work in the Canterbury region do not apply if the work is both in Canterbury and any other location. The Canterbury instructions only apply if the work is solely in the Canterbury region. These instructions were introduced to increase labour market mobility and enable workers in Canterbury the ability to move from one employer to another. These reasons are specific to Canterbury and are not applicable in other locations.

Employment is in the Canterbury region if the entire or principal place of work (as defined in section 2 of the Health and Safety in Employment Act 1992) is within the territorial authorities of Christchurch City Council, Selwyn District Council and Waimakariri District Council.

When considering Essential Skills work visa applications for multiple locations where one of the locations is in the Canterbury region, immigration officers should be aware that:

  • The employer must be specified as a condition on the visa label – immigration instruction W2.25(b) will not apply.
  • The Canterbury Skills Shortage List only applies to employment in the Canterbury region – if an applicant intends to work in multiple locations, a normal labour market test must be met for any other location.
  • Engagement with the Canterbury Skills and Employment Hub is mandatory for an ANZSCO Skill Level 3, 4, or 5 occupation within the Canterbury region (immigration instruction WK2.11). A normal labour market test must be met for any other location the applicant intends to work, including a Skills Match Report for any ANZSCO Skill Level 4 or 5 occupations from 11 April 2016.
  • If an applicant intends to work in multiple locations in an ANZSCO Skill Level 4 or 5 occupation, a work visa should only be granted for one year – immigration instruction WK2.20(c) will not apply.

Specific locations for Essential Skills work visas
There may be times the location on a work visa needs to be restricted. The location should reflect the area in which the labour market test has been undertaken. For example, the location of ‘Auckland’ may be too extensive in some cases and may not accurately reflect the assessment which has been undertaken. If there is a perceived risk, consider limiting the location to a smaller area to ensure the applicant and the employer is clear about the conditions of the visa granted.

Action
Please discuss with your team(s) and ensure they follow the advice above.