W2.15 Requesting approval to employ a foreign worker (26/07/1999)

New Zealand employers who can establish that there are no suitably qualified and experienced New Zealand citizens or residents available to do the work, may request approval to employ temporary foreign workers as follows:

1. If the proposed worker is overseas, the employer should request an approval in principle from the NZIS branch or MFAT post responsible for processing applications from the geographical area or country in which the applicant currently lives, by submitting the evidence required in W2.15.1(a) below, before individual applicants apply for work visas.
2. If the proposed worker is already in New Zealand, the employer should request approval from the NZIS branch nearest the place of employment by submitting the evidence required in W2.15.1(a) below, in support of a work permit application from the proposed worker. W2.15

W2.15.1 Evidence required from employers requesting approval to employ a foreign worker

1. Employers requesting approval to employ a foreign worker must provide:
   1. job offer(s) containing all the information specified at W2.10.1, and
   2. confirmation of whether or not the worker requires New Zealand certification or registration, and
   3. if more than one, the number of temporary workers sought, and
   4. the names of suitable applicants (if known), and
   5. evidence of attempts to recruit staff from within New Zealand, and the reasons why New Zealand applicants were not suitable.
2. Visa and immigration officers must conduct a labour market test (see W2.15.10 below) to be satisfied that there are no New Zealand citizens or residents available to do the job.

W2.15.5 Determining requests to employ foreign workers

1. Visa and immigration officers must not give an approval in principle to employ a foreign worker unless they have first conducted a labour market test (see W2.15.10 below) and are satisfied that there are no New Zealand citizens or residents available to do the job offered.
2. Visa and immigration officers must not issue a work visa or grant a work permit to a foreign 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 job offered, and
   2. the applicant is suitably qualified by training and experience to do the job offered.

W2.15.10 Conducting a 'labour market test'

1. A labour market test enables visa and immigration officers to determine whether there are any New Zealand citizens or residents available to do the job offered to a temporary foreign worker.
2. This test may be satisfied by:
   1. the employer making a well-founded case for each individual application, or
   2. visa and immigration officers in New Zealand and overseas confirming the unavailability of suitably qualified and experienced New Zealand citizens or residents through Work and Income New Zealand, or
   3. visa and immigration officers obtaining labour market advice from the particular industry.
3. In any particular case the visa or immigration officer may decide to:
   1. use one or more of the above methods, or
   2. make other inquiries.

Effective 26/07/1999