WG4 Applications based on offers of employment from... (26/11/2007)

WG4 Applications based on offers of employment from employers making a case that New Zealand workers are not available

1. Applicants who do not have an offer of employment:
   1. in an occupation on the current ISSL or LTSSL (see WG2), or
   2. from an employer with a current approval in principle from NZIS, or
   3. in an occupation in one of the other categories under general work policy;

   may also apply for a work visa or permit where an employer can make a case for their employment in New Zealand.

2. Despite (a) above, applications for permits from people holding Recognised Seasonal Employer (RSE) work permits will be declined, unless the applications are made under the RSE Work Policy (see WG8). Additionally, from 14 December 2007 onwards, applications for permits related to planting, maintaining, harvesting or packing crops in the horticulture or viticulture industries must be made under the Recognised Seasonal Employer (RSE) policy (see WH1) or the Transitioning to Recognised Seasonal Employer (TRSE) policy (see WH3).
3. In addition to submitting an offer of employment such applicants must also submit the same evidence from their prospective employer as set out in WG3 establishing that they have made a genuine attempt to attract and recruit suitable workers in New Zealand, but there are no New Zealand citizens or residents suitably qualified by training and experience available, or readily able to be trained to do the work offered.
4. If in New Zealand such applicants should apply to the NZIS branch nearest their place of proposed employment in New Zealand, or if overseas to the NZIS or its agents responsible for receiving work visa applications from the country in which the applicant currently lives.
5. Visa and immigration officers must not issue a work visa or grant a work permit to a non New Zealand citizen or resident worker applying on the basis of an offer of employment, unless they are satisfied that:
   1. there are no New Zealand citizens or residents available to do the work offered, and
   2. the applicant is suitably qualified by training and experience to do the work offered, and
   3. the job offer is both genuine and sustainable for the duration of the employment contract, and
   4. the employer will comply with the relevant employment and immigration law.

Effective 26/11/2007