WK2.5 Applications for work visas under Essential Skills work instructions (29/11/2010)

1. Applications for work visas must:
   1. be made on the form Work Visa Application (INZ 1015); and
   2. include an Employer Supplementary Form Work Visa Application (INZ 1113) completed by the employer; and
   3. be lodged at the INZ branch nearest their place of proposed employment if the applicant is in New Zealand; or
   4. be lodged at the INZ receiving office responsible for receiving work visa applications from the country in which the applicant currently lives.
2. Immigration officers must not grant a work visa to a non-New Zealand citizen or residence class visa holder worker applying on the basis of an offer of employment, unless they are satisfied that:
   1. the applicant is suitably qualified by training and experience to do the work offered; and
   2. there are no New Zealand citizens or residence class visa holders available to do the work offered (see WK2.10); and
   3. the job offer is for genuine, sustainable and full-time employment for the duration of the period for which employment is offered, as specified in the proposed employment agreement; and
   4. the employer has previously complied and will comply in future with all relevant New Zealand employment and immigration law and immigration instructions.
3. If the applicant is applying on the basis that their employer has been granted an approval in principle, immigration officers should refer to the approval in principle application to satisfy (b)ii - iv above.
4. Despite (c) above, where an immigration officer has reasonable grounds for determining that the labour market or circumstances of the employment have materially altered since the grant of the approval in principle, they may undertake further checks to ensure the provisions of (b)ii - iv are still satisfied.
5. Applications for visas under Essential Skills Instructions related to planting, maintaining, harvesting or packing crops in the horticulture or viticulture industries must be declined.

   Note: applications for work visas to plant, maintain, harvest or pack crops in the horticulture or viticulture industries must be made under the Recognised Seasonal Employer (RSE) Instructions (see WH1) or the Supplementary Seasonal Employment Instructions (see WH3).

6. INZ may, on an exceptional basis, require an employer to apply for an approval in principle to recruit overseas workers (AIP) for the purposes of assessing any further work visa applications supported by the employer. This requirement will be imposed only where an employer's recruitment of non-New Zealand citizen or residence class visa holder workers is such that it is appropriate to undertake a labour market test for future applications collectively with an AIP, rather than on an individual basis. In these circumstances any further application for a work visa supported by that employer which is not associated with a valid AIP may be declined.
7. In cases where the employer supporting a work visa application has previously held an AIP which has lapsed for that position, the conditions specified in the AIP will continue to apply, unless the employer can satisfy the immigration officer that the circumstances of employment have changed.

Effective 29/11/2010