RW4.1 Requirements for employment

Employment must be:

1. in New Zealand; and
2. full-time, (that is it amounts to, on average, at least 30 hours per week); and
3. ongoing, that 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; and
4. genuine; and
5. compliant with all relevant employment and immigration law in force in New Zealand; and
6. with an employer (including any person associated with the employer who is able to influence the recruitment, employment or supervision of workers of that employer) who has a history of compliance with employment and immigration law (see R5.110.1 and R5.110.5) and who has not been convicted under s98, 98C or 98D of the Crimes Act 1961 (see R5.111).

Note: Compliance with relevant New Zealand employment law includes but is not limited to:
~ a written employment agreement that contains the necessary statutory specified terms and conditions
~ meeting holiday and special leave requirements and other minimum statutory criteria
~ meeting occupational safety and health obligations.

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.

RW4.1.5 Requirements for employment for a stated term

1. For the purposes of RW4.1(c) (ii), INZ must be satisfied that the employer:
   1. has genuine reasons based on reasonable grounds for specifying that the employment of the employee 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.
2. ‘Genuine reasons’ for the purposes of RW4.1.5(a)(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.

Effective 11/04/2024