2017-May 05: Essential Skills work visas allowing work in multiple locations and Approvals in Principle

Visa Pak 308: Guidelines on when to give visa conditions that allow the holder to work in multiple locations in New Zealand.

Visa Paks

5 May 2017

As noted in previous advice to staff, Essential skills work visas multiple locations – immigration instructions specific to the Canterbury region and specific locations for Essential skills work visas (1 April 2016) and Essential Skills work visas allowing work in multiple locations (13 March 2015), it may be appropriate in certain circumstances for an Essential Skills work visa to allow work for a single employer in multiple locations.

Employers can apply for an Approval in Principle (AIP) to recruit workers from offshore. If an employer intends the workers to undertake work in multiple locations, this must be included in the AIP request. An AIP may be approved for workers to undertake employment in multiple locations with the provision that the employer specifies who is responsible for travel and accommodation costs, and that INZ can be satisfied that this does not place an unreasonable burden on work visa applicants having to move location at short notice.

There have been situations where an AIP has been approved for one location only; however at the work visa stage for individual applicants, the employer has provided new evidence to show that the Labour Market Test (LMT) has been satisfied in multiple locations. Some offices have been accepting this information and subsequently issuing visas for multiple locations. This undermines the intent and process of the original AIP, and is effectively changing the conditions on the AIP that has been signed off at an AGM level.

Multiple locations can increase the risk of migrant exploitation so consideration must be given in terms of transport, accommodation, and other risks that may arise in with issuing work visas for multiple locations.