W3.100 Domestic staff of diplomatic and consular personnel (26/07/1999)

1. Diplomatic and consular personnel posted to New Zealand may bring with them domestic staff such as cooks, nannies, drivers and gardeners.

   Note: this does not include administrative and technical staff at posts in New Zealand.

2. The following rules govern whether or not domestic staff employed by diplomatic or consular staff are eligible for work visas or permits:
   1. the Protocol Division of MFAT must support their application for a work visa; and
   2. the applicant must:
      • be single and over 18, or
      • if married, have no children or dependants, and both partners must be offered employment with the same diplomatic or consular officer; and
   3. the applicant must not be a person who entered New Zealand by means of a working holiday scheme; and
   4. the applicant must leave New Zealand on termination of their employment or when the employer's tour of duty is complete; and
   5. the applicant must not undertake any other type of work or enrol in any formal study; and
   6. 3 years must pass before a person formerly employed in New Zealand under these provisions is eligible for a further period of domestic employment with another diplomatic or consular officer; and
   7. family members are not eligible for visas or permits to join relatives who are domestic staff.
3. A work visa (multiple journey if required) current for a maximum period of 3 years may be issued to domestic staff of diplomatic and consular personnel.
4. Any work visa issued or permit granted must specify the name of the diplomatic or consular officer for whom the domestic staff member will be working.
5. Employers must ensure that prospective applicants are advised in writing and in their own language of the conditions relating to their employment in New Zealand.
6. A further permit for up to 12 months beyond the normal 3-year maximum may be granted on an annual basis if the application is supported by the Protocol Division of the Ministry of Foreign Affairs and Trade.

W3.100.1 Evidential requirements for domestic staff of diplomatic and consular personnel

1. Visa and immigration officers should sight:
   1. a signed 'Statement of Undertaking' from the employer guaranteeing employment, accommodation, maintenance and repatriation, and
   2. a signed 'Declaration of Acceptance' from the applicant that they have been informed of, and accept, the conditions of their employment in New Zealand.
2. Visa and immigration officers should satisfy themselves at an interview that the applicant:
   1. understands the conditions of the work visa, and
   2. is suitably trained or experienced for the proposed employment, and
   3. meets the diplomatic or consular personnel rules on spouses and dependants of domestic staff.
3. The applicant may transfer to work under another diplomatic or consular officer in the same embassy. If the employer within the embassy changes, immigration officers should sight a new application for a work permit or variation of conditions and a new 'Statement of Undertaking' and 'Declaration of Acceptance'.
4. If requests for further permits are made, visa and immigration officers should be satisfied that the applicant has provided:
   1. evidence of MFAT's support, and
   2. confirmation of continued guarantees from the employer and the applicant.

STATEMENT OF UNDERTAKING
in respect of domestic staff to be employed by diplomatic or consular officers stationed in New Zealand

I, __________________________________________________

(Name of Diplomatic or Consular employer)

of__________________________________________________

(Address)

will be taking up/have taken up a position as

___________________________________________________

(Designation or rank)

at the ______________________________________________

(Name and Location of Mission/Post)

and wish to sponsor for temporary employment in New Zealand the domestic staff member(s) whose details are set out on page 2. In doing so I undertake to:

1. employ the person(s) named solely in domestic work in my household while in New Zealand and not allow them to engage in any form of alternative employment, or to undertake formal study;
2. be responsible for accommodating and maintaining the domestic staff member(s) named: maintenance to include not only suitable salary or wages but also any costs which may be incurred by the staff member in obtaining medical treatment or social services to which they may not be entitled under New Zealand legislation;
3. be responsible for applying to the NZIS (through MFAT) for work visas and any work permits required by the staff member(s) while employed by me;
4. be responsible for the repatriation of the staff member(s) to their home country, or to their next country of residence, when employment in my household is terminated for any reason other than the staff member transferring to another diplomatic or consular employer with the approval of the NZIS;
5. advise MFAT if the staff member ceases to be employed by me for any reason.

I understand and accept that only single persons over 18 years of age without dependants, or married couples with no children or other dependants, may be granted permission to work as domestic staff in New Zealand.

I have arranged to have explained in writing to the person(s) named below the conditions of their employment in New Zealand, if the application for a work visa is approved.

1. Name of domestic staff member:_____________________

   Position in which to be employed: ___________________

   Nationality:______________________________________

   Date and place of birth: ____________________________

   Date of desired travel to New Zealand:_________________

2. Name of domestic staff member:_____________________

   Position in which to be employed: ___________________

   Nationality:______________________________________

   Date and place of birth: ____________________________

   Date of desired travel to New Zealand:_________________

3. Name of domestic staff member:_____________________

   Position in which to be employed: ___________________

   Nationality:______________________________________

   Date and place of birth: ____________________________

   Date of desired travel to New Zealand:_________________

   ________________________________________________

(Signature of sponsoring employer)

Place: ____________________________ Date: ____________

DECLARATION OF ACCEPTANCE OF CONDITIONS
by domestic staff member employed by diplomatic or consular officer stationed in New Zealand

I, __________________________________________________

(Full name of domestic employee)

of __________________________________________________

who was born on _________ at __________________ (date) (place)

hereby state, in relation to my proposed employment in New Zealand in the household of ____________________________________________________

(Name of diplomatic or consular employer)

_______________________________________

(Employer's position or designation)

1. that I will be employed as a __________________________; (description of employee's position)
2. that I have been made aware in writing of the conditions of my employment in the household of the abovenamed employer and I fully understand and accept these conditions;
3. that I accept that I may not take any other employment, or enrol in formal study in New Zealand while employed by the abovenamed employer;
4. that I accept that I may not transfer to the employment of another diplomatic or consular employer without the approval of the New Zealand Immigration Service;
5. that I accept I will not be eligible for residence in New Zealand on the basis of my employment as a domestic staff member of any household;
6. that I will leave New Zealand in accordance with the travel arrangements made for me by or on behalf of my diplomatic or consular employer when I finish working in his or her household.

_______________________________________

(Signature of domestic employee)

Place: ___________________________ Date: ______________

Effective 26/07/1999