WG8.15 Recognised Seasonal Employer (RSE) work visa or permit (10/04/2007)

1. A Recognised Seasonal Employer (RSE) work visa allows a person to enter New Zealand to undertake seasonal employment in the horticulture and viticulture industries for a specified RSE.
2. A Recognised Seasonal Employer (RSE) work permit grants a person the right to undertake seasonal employment in the horticulture and viticulture industries for a specified RSE.
3. For the purposes of this policy seasonal work in the horticulture and viticulture industries means planting, maintaining, harvesting, and packing crops in the horticulture and viticulture industries.

WG8.15.1 Who is eligible for a work visa or permit under RSE Work Policy?

1. Applicants for visas and permits under this policy must:
   1. be aged 18 or older; and
   2. have an employment agreement (which meets the requirements set out at WG8.20) with an employer who has RSE status and holds a current ATR; and
   3. meet the health and character requirements as set out at E6 and WG8.15.10; and
   4. meet the requirements for bona fide applicants as set out at E5; and
   5. hold a return ticket to their home country.

      Note: The employment agreement provided to workers must be the same as that which is provided to INZ at the ATR stage, unless the terms and conditions are more beneficial to the worker.

2. To be issued a visa under RSE work policy applicants must be offshore at the time of application.
3. To be granted a permit under RSE work policy applicants must:
   1. hold a valid RSE work visa on entry to New Zealand; or
   2. hold a current RSE work permit at the time of application and meet the requirements set out at WG8.15.5 below.

WG8.15.5 Who is eligible to transfer from one RSE to another RSE?

1. An RSE work permit holder may transfer from one RSE to another where:
   1. the status of the first employer as an RSE has been rescinded (see WG8.15.35); or
   2. the RSE work permit holder is no longer able to work for the first RSE and INZ is satisfied that this situation is due to exceptional circumstances or circumstances beyond the control of that RSE (e.g. crop damage caused by severe weather); or
   3. the RSE work permit holder is currently employed by an RSE who has jointly submitted ATRs with second or subsequent RSEs as set out in WG8.10.1(e); and
   4. the worker has a current employment agreement with the second or subsequent RSE who holds a current ATR.
2. In cases where INZ has determined a worker is eligible to transfer to another RSE the worker may apply:
   1. for a Variation of Conditions (VOC) if the new employment agreement is for a period of work that will end on the same date as the expiry date of their current RSE work permit; or
   2. for a new RSE work permit if the new employment agreement is for a period of work that does not end on the same date as the expiry date of the current RSE work permit.
3. Any applications for a VOC or further work permit for the purposes of transferring from one RSE to another will only be approved where both RSEs have provided written consent to the transfer.
4. Despite (c) above, in cases where the transfer is occurring because:
   1. the status of the previous employer as an RSE has been rescinded; or
   2. the worker is not currently employed by an RSE;

   a VOC or further permit may be granted without the consent of the previous employer.

5. VOC and further RSE work permits will only be granted where the terms and conditions of employment meet all RSE work policy requirements.

WG8.15.10 Specific health requirements for RSE work visa or permit applicants

1. Applicants for visas and permits under this policy must:
   1. undergo screening for pulmonary tuberculosis if they have risk factors as set out in A4.25.1 and A4.25.5, regardless of their intended length of stay in New Zealand; and
   2. undergo screening for HIV/AIDS if they are from a country with risk factors for HIV/AIDS (see WG8.15.15).
2. Despite A4.15, applicants for an RSE work visa or permit who are HIV positive will not be eligible for a work visa or permit under RSE work policy.

WG8.15.15 Applicants from countries with high risk factors for HIV/AIDS

1. All RSE work visa or permit applicants who are citizens of, or are normally resident in, a country listed below must provide the results of an HIV test with their RSE work visa or permit application.
2. The following is a list of countries with an estimated adult HIV/AIDS prevalence of 1% or more:

   Angola	Honduras
   Bahamas	Jamaica
   Barbados	Kenya
   Belize	Lesotho
   Benin	Liberia
   Botswana	Malawi
   Burkina Faso	Mali
   Burundi	Mozambique
   Cambodia	Myanmar
   Cameroon	Namibia
   Central African Republic	Niger
   Chad	Nigeria
   Congo	Papua New Guinea
   Côte d'Ivoire	Republic of Moldova
   Democratic Republic of Congo	Russian Federation
   Djibouti	Rwanda
   Dominican Republic	Sierra Leone
   Equatorial Guinea	South Africa
   Eritrea	Sudan
   Estonia	Suriname
   Ethiopia	Swaziland
   Gabon	Thailand
   Gambia	Togo
   Ghana	Trinidad and Tobago
   Guinea	Uganda
   Guinea-Bissau	Ukraine
   Guyana	Tanzania
   Haiti	Zambia
   	Zimbabwe

WG8.15.20 Currency and conditions of an RSE work visa and permit

1. Visas will be issued to allow arrival in New Zealand no earlier than 14 days before, and no later than 14 days after, the expected commencement of work as stated in the employment agreement.
2. No work permit will be granted beyond the term of the relevant ATR.
3. Work permits will only be granted for a maximum stay in New Zealand of up to seven months in any 11 month period, with the exception of work permits for citizens of Tuvalu or Kiribati who are normally resident in Tuvalu or Kiribati, which may be granted for a maximum stay of up to nine months in any 11 month period. The maximum period of stay includes any time required for internal travel and induction arrangements.
4. Work permits issued under RSE Work Policy will be subject to the condition that RSE work permit holders may undertake employment only for the RSE who holds the ATR and with whom they have entered into an employment agreement.
5. Where the non-New Zealand citizen or resident worker ceases to be employed by an RSE, their RSE work permit will be revoked.

WG8.15.25 Ineligibility for other permits

Applications from the holder of an RSE work permit for any other type of temporary permit, or a residence permit will be declined.

WG8.15.30 Applying for a work visa or permit under RSE Work Policy

Applications under the RSE Work Policy must:

1. be made on the Application to Work in New Zealand for a Recognised Seasonal Employer (NZIS 1142) form, and
2. meet all the requirements under Generic Temporary Entry policy for lodging an application for a temporary entry visa or permit as set out at E4; and
3. meet all the requirements for eligibility under WG8.15.1; and
4. include an employment agreement from an employer with RSE status and that meets the requirements for employment agreements set out in WG8.20; and
5. include the results of an HIV test if the applicant is from a country listed as having high risk factors for HIV/AIDS (see WG8.15.15(b)) on the Recognised Seasonal Employer Work Policy Supplementary Medical Certificate (NZIS1143); and
6. include the results of pulmonary tuberculosis screening on the Temporary Entry X-ray Certificate (NZIS 1096) if the applicant has risk factors as set out in A4.25.1 and A4.25.5.

WG8.15.35 Workers whose employers lose RSE status

1. If during the currency of an RSE work permit the employer has their RSE status rescinded, or not renewed, the holder of that permit may seek employment with another employer with RSE status (see WG8.15.5).
2. Where no further offer of employment under the RSE work policy is obtained the RSE work permit will be revoked and the worker must leave New Zealand.

Effective 10/04/2007