2016-Feb 05: Labour Market Test and Skills Match Report Advice

Visa Pak 245: Guidance for staff processing Essential Skills Work Visa applications, specifically in relation to the assessment of the labour market test and the Skills Match Report (SMR).

Visa Paks

5 February 2016
 
This article provides further guidance to staff processing Essential Skills work visa applications on the assessment of a labour market test and the Skills Match Report (SMR) provided by Work and Income.

Further guidance and changes to immigration instructions will be communicated before the SMR becomes mandatory for ANZSCO skill level 4 and 5 occupations in mid-2016.

What to do with skilled occupations (ANZSCO skill level 1-3)

Work and Income have confirmed their primary focus is on lower skilled occupations (ANZSCO skill level 4 and 5) as this is predominantly what their register base consists of. Therefore, immigration officers should not refer skill level 1-3 occupations to Work and Income via the Labour Market Check (LMC) Portal or request an SMR from an employer for these occupations.

Work visa applications for skill level 1-3 occupations must still meet the labour market test requirement; therefore evidence of advertising and genuine attempts to recruit New Zealanders is still required at the time of application. A PPI letter should be sent if insufficient evidence is provided that the employer has been unable to find a New Zealander.

How do I treat applications submitted as skilled occupations (ANZSCO skill level 1-3) but assessed by INZ as low-skilled (ANZSCO skill level 4 or 5)?

Where an immigration officer deems that the occupation submitted is actually a low-skilled occupation (ANZSCO skill level 4-5) a referral via the LMC Portal should be completed. The portal check should be completed under the newly assessed ANZSCO code and notes should state if the employer has approached Work and Income previously i.e. if correspondence from Work and Income was provided with the application.

Once advice has been provided by Work and Income, the immigration officer may send a PPI letter to the applicant (if required) informing them that the skill level has been assessed at a lower level and indicating the outcome of Work and Income’s advice (as appropriate).

External communication will be updated to inform applicants and employers that if the job offer presented is assessed at a lower skill level (ANZSCO 4-5) we will consult with Work and Income after the application is received. We would like to encourage employers to assess their positions appropriately and engage with Work and Income in the first instance where appropriate.

Can the employer provide a new SMR in response to a PPI?

If an application comes to Immigration New Zealand (INZ) and Work and Income advise there are suitable New Zealanders available, then the likely course of action is for INZ to send a PPI letter raising that issue. In response to that PPI, the applicant or employer may wish to re-engage with Work and Income, or they may choose to present other information/arguments against there being suitable New Zealanders available. INZ can take either into consideration when making a visa decision but we cannot compel the employer to re-engage or advertise.

Can we instruct an employer to get an SMR from Work and Income once an application has been received?

No, an SMR is not yet mandatory. The purpose of an SMR is for employers with low-skilled vacancies to engage with Work and Income before supporting an Essential Skills application.

We can encourage an employer to complete an SMR before an application is submitted for skill level 4-5 occupations or they can choose to provide an SMR during the application process.

When a work visa application for an ANZSCO skill level 4 or 5 occupation is received without an SMR, continue to use the LMC Portal for the time being.

When an application includes a valid SMR, immigration officers can use this information to determine whether New Zealanders are available. When an SMR is provided, referral through the LMC Portal should not be done.

Can an employer engage with Work and Income and request an SMR for any skill level (ANZSCO skill level 1-5)?

While primarily aimed at low-skilled vacancies (ANZSCO skill level 4-5) employers with vacancies at all skill levels can approach Work and Income. Work and Income will work with any employer that is genuinely trying to recruit New Zealand job seekers. They will list vacancies and provide an SMR as they see appropriate for skilled occupations but an SMR will always be provided for low-skilled occupations (ANZSCO skill level 4-5).

When Work and Income receive a vacancy listed as a skill level 1-3 occupation they will send the following email to the employer.

Thank you for your request to list a vacancy for a **.

It appears this vacancy is for an ANZSCO skill level 1-3 role. You are therefore not required to list this role with Work and Income before supporting a migrant’s visa application. Please note that if your vacancy is not on a skills shortage list, Immigration New Zealand will require you to show you have made other genuine attempts to employ a New Zealander, for example:

  • advertising the position in a large newspaper or website
  • contracting a recruitment agent

As part of the visa assessment process Immigration New Zealand will complete a full assessment of your occupation and confirm the appropriate ANZSCO skill level.

You can view more information on this process on the Immigration website or phone them on 0508 558 855.
Website: http://www.immigration.govt.nz/employ-migrants

Please feel free to contact us on 0800 778 008 if you have any questions or if you wish to continue to list the vacancy.

Employer ID: **

Regards
Name
Employment support

Advertising and the labour market test: how, when, what

The below advice has been provided previously to staff and employers to assist in the assessment of a labour market test and should be followed consistently throughout offices. Please note the expectations for duration and validity of advertising, as this is currently applied inconsistently.

Action

Please discuss this information with your team(s) and note in particular the operational change to the labour market test for ANZSCO skill level 1-3 occupations. To ensure consistency, all staff should follow this advice, as well as previous advice, when conducting a labour market test.