W2.15 Requesting approval in principle to employ a foreign worker (01/07/2001)

1. New Zealand employers who can establish that 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, may request approval in principle from the NZIS to employ temporary foreign workers.
2. Employers should apply to the nearest NZIS branch in New Zealand for approval in principle by submitting the evidence required in W2.15.1(a) below, before individual applicants apply for work visas.
3. A fee of NZ$140.00 is payable for a request for approval in principle to employ a foreign worker.

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

1. Employers requesting approval in principle 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, or not able to be readily trained to do the work, and
   6. if requested by a visa or immigration officer, evidence and/or confirmation of past and future compliance with employment and labour law.
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.
3. Evidence and/or confirmation of past and future compliance with employment and labour law may include but is not limited to:
   • employment contracts with workers which demonstrate compliance
   • a recognised history with the Department of Labour of past compliance

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:
   1. that there are no New Zealand citizens or residents available to do the job offered, and
   2. the job offer is both genuine and sustainable for the duration of the proposed employment contract, and
   3. that the employer will comply with the relevant employment and labour law.
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, 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 labour law.

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 through Work and Income New Zealand the unavailability of New Zealand citizens or residents suitably qualified by training and experience to do the job offered, or
   3. visa and immigration officers obtaining labour market advice from the particular industry, or
   4. the applicant's job offer being in an occupation which is included on the current list of Labour Market Skill Shortages issued by the NZIS.
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 01/07/2001