2017-May 12: People applying for work visas under Essential Skills (ES), or residence under the Skilled Migrant Category (SMC), as Pharmacy Technicians

Visa Pak 309: Guidelines for Immigration Officers on how to process temporary and residence applications for someone applying as a Pharmacy Technician, and meeting regulatory requirements for this occupation.

Visa Paks

12 May 2017

People applying for work visas under Essential Skills (ES), or residence under the Skilled Migrant Category (SMC), as Pharmacy Technicians

It has been brought to our attention that applicants for work visas under Essential Skills and/or residence under the SMC are being approved on the basis that they are Pharmacy Technicians (ANZSCO 311215).

By law the core task of a pharmacy technician is to fill, or dispense a patients’ prescription. The role can only be legally undertaken in New Zealand as prescribed by the Medicines Regulations 1984 and the Medicines Act 1981. Regulation 2(1) of the Medicines Regulations 1984 contains the following relevant definitions:

“pharmacy technician means any person who has a National Certificate in Pharmacy (Technician); and
pharmacy technician student means a person who is undertaking, but who has not yet completed, training and examinations leading to a National Certificate in Pharmacy (Technician)”

The only way an overseas trained/qualified pharmacy technician or pharmacist may comply with regulation 42 of the Medicines Regulations 1984 and lawfully do the work of a pharmacy technician in New Zealand is if they hold the required New Zealand qualification. Although points may be awarded under the SMC for pharmacy qualifications gained overseas according to the level of academic attainment on the New Zealand Qualifications Framework as determined by New Zealand Qualifications Authority, this recognition does not confer vocational status in New Zealand.

A person who is enrolled in and undertaking study towards the required New Zealand qualification is a pharmacy technician student and may lawfully dispense medicines under the direct supervision of a pharmacist. ANZSCO uses the classification Pharmacy Technician not Pharmacy Technician Student and therefore clearly means a person holding the required New Zealand qualification. While ANZSCO allows 3 years of relevant experience to substitute for a formal qualification, it cannot override or act as a substitute for a regulatory requirement.

PROCESS

  • ES work visa applications based on employment as a pharmacy technician

Check that the applicant holds the New Zealand qualification required for a pharmacy technician before approval. If the applicant is only enrolled in and undertaking study towards the required New Zealand qualification (meaning they are a pharmacy technician student), a labour market test should be required.

  • SMC residence applications based on employment as a pharmacy technician

Existing applications: As it is misleading for a person who does not hold the required New Zealand qualification to claim points on the basis of being a ‘pharmacy technician’ such applicants should be sent an appropriate PPI letter advising that points for skilled employment will not be awarded.
Expressions of Interest: If the person is claiming points on the basis of being a pharmacy technician but does not hold the required New Zealand qualification serious consideration should be given to not issuing an Invitation to Apply.