SM7.15 Additional requirements for skilled employment (to 27/08/2017)

Note: The instructions in this section cease to be effective from 28/08/2017.

1. Skilled employment only qualifies for points if the employment is:
   1. full time (employment is full-time if it amounts to, on average, at least 30 hours per week); and
   2. genuine; and
   3. for a position that is paid by salary or wages or in terms of a contract for service (payment by commission and/or retainer are not acceptable), and
   4. accompanied by evidence of full or provisional registration, or evidence of eligibility for registration by the New Zealand Medical or Dental Council subject only to an interview with the relevant registration authority on arrival, if full or provisional registration is required by law to undertake the employment (see SM19.20); and

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

   5. the employment was not 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 instructions.

      Note: To determine whether an offer of employment is skilled, an immigration officer may consider whether the remuneration offered for the position is comparable to the market rate for New Zealand workers in that occupation.

2. Employment must be ongoing and sustainable. Ongoing and sustainable employment is:
   1. an offer of employment or current employment, with a single employer, that is permanent or indefinite, and of which the employer is in a position to meet the terms specified; or
   2. an offer of employment or current employment with a single employer, for a stated term of at least 12 months; or
   3. employment on a contract basis where the applicant:
      • has a consistent history of contract work, and
      • has a current contract for services, and
      • INZ is satisfied that such contract work is likely to be sustained.

        Note: When assessing whether employment is sustainable, officers may consider, but are not limited to, such factors as the residence status of the employer, the period for which the employing organisation has been established as a going concern, and the financial sustainability of the employing organisation.
        
        Where an offer of employment or current employment is for a stated term of at least 12 months, the stated term must be valid both at the time the application is lodged and when the application is decided, in particular:
        ~ if the applicant has current employment, he or she must be in that employment, or
        ~ if the applicant has an offer of employment, the offer must continue to be valid.

3. For the purposes of SM7.15(b)(ii), INZ must be satisfied that the employer:
   1. has genuine reasons based on reasonable grounds for specifying that the employment is for a stated term; and
   2. has advised the employee of when or how their employment will end and the reasons for their employment ending; and
   3. is in a position to meet the terms specified.
4. ‘Genuine reasons’ for the purposes of SM7.15(c)(i) do not include reasons:
   1. that exclude or limit the rights of a person under employment law; or
   2. to determine the suitability of a person for permanent or indefinite employment.

      Note: In order meet employment law, employment agreements that are for a stated term must specify in writing the way in which the employment will end and the reasons for ending the employment.

5. In the case of independent midwife practitioners a letter of authority to claim under the Maternity Notice pursuant to Section 88 of the New Zealand Public Health and Disability Act 2000 as well as evidence of admission to the New Zealand Register of Midwives will satisfy the requirements of SM7.5(b), SM7.15(a)(i),(ii) and (iii), SM7.15(b), and can be used to satisfy the requirements of SM4.30.10(a)(i).

Effective 25/08/2014