W2.10 Generic work visa and permit policy provisions

Unless specifically stated otherwise elsewhere in work visa and permit policy the requirements set out below apply to all applicants for work visas or permits and all employers wishing to employ them.

W2.10.1 Requirements for applicants

Unless specifically stated otherwise all applicants for work visas or permits must:

1. meet the requirements under Generic Temporary Entry policy for:
   1. lodging an application for a temporary entry visa or permit as set out at E4; and
   2. bona fide applicants as set out at E5; and
   3. health and character as set out at E6; and
2. produce evidence to show that:
   1. they are suitably qualified by training and experience to do the job they have been offered; and
   2. they can meet any of the necessary New Zealand registration requirements (see SM19.5 for the list of occupations requiring registration); or
   3. they have an offer of employment in an occupation that requires registration and evidence from the New Zealand Medical or Dental Council that they are eligible for full or provisional registration subject only to attending a personal interview with a Council representative within one month of their arrival in New Zealand.

Note: For medical practitioners, registration within a 'special purpose scope of practice' is not full or provisional registration for the purpose of a residence application or a work to residence application.

Note: Applicants who have been issued a visa or granted a permit in order to obtain registration as a nurse will not be granted a work permit other than for an occupation which is ANZSCO Skill Level 1 or 2.

W2.10.5 Requirements for Employers

1. All employers wishing to employ non-New Zealand citizen or resident workers or students to work in New Zealand must comply with all relevant employment and immigration law in force in New Zealand. Compliance with relevant New Zealand employment and immigration law includes, but is not limited to:
   1. paying employees no less than the appropriate adult or youth minimum wage or other contracted industry standard; and
   2. meeting holiday and special leave requirements or other minimum statutory criteria, e.g. occupational safety and health obligations; and
   3. only employing people who have authority to work in New Zealand.
2. Evidence and/or confirmation of past and future compliance with employment, and immigration law may include but is not limited to:
   1. employment agreements with workers which demonstrate compliance; and
   2. a recognised history with the Department of Labour of past compliance.
3. Visa and immigration officers may also request evidence and/or confirmation of the employer's past and future compliance with employment and immigration law.
4. To ensure that the objective of work visa and permit policy at W1(b)(iii) is met, visa and immigration officers may require employers to provide evidence that the rate of pay offered to non-New Zealand citizen or resident workers is not less than the market rate for New Zealand workers in that occupation.

   Note: W2.10.5(d) applies regardless of whether a labour market test (including where an occupation is listed on the Immediate Skill Shortage List or Long Term Skill Shortage List (see WG2) has been met.

Note: INZ will decline an application for a work visa or permit where it considers that granting the work visa or permit would undermine the integrity, credibility or reputation of the New Zealand immigration or employment relations systems.

W2.10.10 Offers of Employment

All offers of employment must be genuine and sustainable. Unless specifically stated otherwise all offers of employment should contain the following information:

1. name, address, telephone and/or fax number of the employer; and
2. name and address of the person to whom the job is offered; and
3. a full job description including:
   1. the job title or designation; and
   2. the address of the place of employment if different from that in paragraph (a) above; and
   3. the type of work, duties and responsibilities involved; and
   4. details of pay and conditions of employment; and
   5. any qualifications, experience or training required; and
   6. the duration of the job; and
   7. how long the job offer is open.
4. To determine whether an offer of employment is genuine and to ensure that the objective of work visa and permit policy at W1(b)(iii) is met, visa and immigration officers may consider whether the salary or wages offered meet the New Zealand market rate.

Note: INZ will decline an application for a work visa or permit where it considers that the employment was offered as a result of payment made by the applicant (or their agent) to the employer (or their agent) in exchange for securing that offer of employment. Such practices are contrary to the principles of the Wages Protection Act 1983, as well as to immigration policy.

Effective 30/11/2009