WH1.15 Recognised Seasonal Employer (RSE) Limited Visa Instructions

Applications for RSE limited visas must be considered under WH1.15 RSE Limited Visa Instructions in addition to the Limited Visa Instructions.

1. All visas granted under the RSE instructions for the purpose of working for an RSE must be granted as a limited visa.
2. An RSE limited visa has travel conditions allowing a single journey to New Zealand (see L2).
3. An RSE limited visa has further conditions allowing a person to be in New Zealand for the express purposes of undertaking seasonal employment in the horticulture and viticulture industries for a specified RSE including undertaking seasonal work until they are able to repatriate (see L2.30).
4. For the purposes of these instructions ‘seasonal work in the horticulture and viticulture industries’ means planting, maintaining, harvesting, and packing crops in the horticulture and viticulture industries.

WH1.15.1 Who is eligible for an RSE limited visa?

1. Applicants for visas under the RSE Limited Visa Instructions must:
   1. be aged 18 or older; and
   2. have an employment agreement (which meets the requirements set out at WH1.20) with an employer who has RSE status and holds a current ATR; and
   3. meet the health and character requirements as set out at A4 and A5 with any necessary modifications and WH1.15.10; and
   4. meet the requirements for bona fide applicants as set out at E5; and
   5. hold, or be approved for, acceptable medical insurance (WH1.25); and
   6. have an employer (including any person associated with the employer who is able to influence the recruitment, employment or supervision of workers of that employer) that is not included on a list of non-compliant employers maintained by the Ministry of Business, Innovation and Employment (MBIE) (see Appendix 10 and Appendix 18) and has not been convicted at any time of an offence under the following sections of the Crimes Act 1961: section 98 (Dealing in slaves), section 98C (Smuggling migrants), section 98D (Trafficking in persons).

      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 granted a limited visa under RSE Limited Visa Instructions applicants must be offshore at the time of application.
3. Holders of RSE limited visas granted entry permission may apply for a further RSE limited visa, provided they meet the requirements set out at WH1.15.1 or WH1.15.6.
4. Despite (b) above, an RSE limited visa may also be granted to onshore applicants to achieve the express purpose of being able to undertake seasonal employment in the horticulture and viticulture industries for a specified RSE, including undertaking seasonal work until they are able to repatriate, if they:
   1. meet the requirements set out at WH1.15.1(a); and
   2. previously held an RSE limited visa and currently hold a limited visa granted by special direction under section 61A of the Immigration Act 2009 for the express purpose of undertaking work and earning an income until flights are available to depart New Zealand; or
   3. previously held an RSE limited visa and currently hold a limited visa granted under section 61 of the Immigration Act 2009 for the express purpose of undertaking work while they await repatriation.
5. A subsequent RSE limited visa granted under these instructions may not allow further travel.

WH1.15.5 Who is eligible to transfer employment from one RSE to another RSE?

1. An RSE limited visa holder may transfer from one RSE to another, provided that the worker has a current employment agreement with the second or subsequent RSE who holds a current ATR and INZ is satisfied that the transfer is consistent with the objectives of RSE instructions. Situations when transfers may be appropriate include, but are not limited to, where:
   1. the status of the first employer as an RSE has been rescinded (see WH1.15.35); or
   2. the RSE limited visa holder is no longer able to work for the first RSE and INZ is satisfied that this situation is due to circumstances beyond the control of that RSE; or
   3. the RSE limited visa holder is currently employed by an RSE who has jointly submitted ATRs with second or subsequent RSEs as set out in WH1.10.1(e); or
   4. the RSE limited visa holder has been granted a visa to work for more than one employer, under WH1.10.1(e); or
   5. the RSE limited visa holder is currently unable to repatriate and further time is required to work for the second or subsequent RSE while awaiting repatriation.
2. In all transfer cases the period of work for the second or subsequent RSE:
   1. must fall within the second or subsequent RSE's approved ATR period; and
   2. will not take the worker beyond the maximum period of stay allowed in New Zealand (see WH1.15.20).
3. In cases where INZ has determined a worker is eligible to transfer to another RSE the worker may apply for a new RSE limited visa.
4. Any applications for a further limited visa for the purposes of transferring from one RSE to another will only be approved where both RSEs have provided written consent to the transfer.
5. 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 further limited visa may be granted without the consent of the previous employer.

6. A further RSE limited visa will only be granted where the terms and conditions of employment meet all RSE requirements.

WH1.15.6 Who is eligible to apply for an RSE limited visa to extend the period to be worked for an RSE?

1. In cases where an RSE requires a worker to remain in New Zealand for a further period to achieve the express purpose of undertaking seasonal work for that RSE including undertaking seasonal work for that RSE while they await repatriation, the worker may apply for a further limited visa if:
   1. INZ is satisfied that the RSE has exceptional circumstances or there are circumstances beyond the control of that RSE that require them to extend the period of work for an RSE worker (e.g. due to bad weather or the worker remains unable to repatriate); or
   2. the RSE has indicated the potential need to extend the period of work for a limited number of RSE workers at the ATR stage, and INZ is satisfied that this is necessary and will not undermine the integrity of RSE instructions.
2. In all cases:
   1. the extended period of work must fall within an approved ATR period; and
   2. INZ must be satisfied that the employer has a genuine need to employ the worker(s) in question, for longer than the original duration of the employment agreement; and
   3. the extended period of work will not take the worker beyond the maximum period of stay allowed in New Zealand.

WH1.15.10 Specific health requirements for RSE limited visa applicants

1. Applicants for visas under these instructions 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 WH1.15.15).
2. Despite 4.15, applicants for an RSE limited visa who are HIV positive will not be eligible for a limited visa under RSE Limited Visa Instructions.

WH1.15.15 Applicants from countries with high risk factors for HIV/AIDS

1. All RSE limited visa 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 limited visa application.
2. The following is a list of countries with an estimated adult HIV/AIDS prevalence of 1% or more:

WH1.15.20 Currency and conditions of an RSE limited visa

1. Visas will be granted 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 limited visa will be granted beyond the term of the relevant ATR.
3. Limited visas 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 limited visas 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. Despite (c) above, maximum periods of stay in New Zealand do not apply where the applicant:
   1. is applying for a further RSE limited visa from inside New Zealand; and
   2. has remained in New Zealand as a result of the COVID-19 pandemic.
5. Despite (c) above, an applicant who is offshore may be granted a visa for up to seven months, or nine months if they are citizens of Tuvalu or Kiribati who are normally resident in Tuvalu or Kiribati, if:
   1. they are applying for their first RSE limited visa from outside of New Zealand since 31 July 2022; and
   2. they were in New Zealand as an RSE worker, defined in (f) below, between 1 April 2022 and 31 July 2022 (inclusive); and
   3. they have been outside of New Zealand for at least two consecutive months since their most recent departure.

      Note: An applicant is only eligible for a visa under (e) once. An applicant who meets (ii) and returned to NZ after 31 July 2022 under normal maximum stay requirements will no longer qualify under (i) as they will have already applied for an RSE limited visa from outside of New Zealand after 31 July 2022.

6. An RSE worker for the purposes of (e) above is a person who held:
   1. an RSE limited visa granted under the Recognised Seasonal Employer instructions, or the COVID-19 Support Restricted Temporary Entry instructions (including one that has had a variation of conditions) for the express purposes of undertaking seasonal employment in the horticulture and viticulture industries for a specified RSE; or
   2. a limited visa granted by special direction under section 61A of the Immigration Act 2009 for the express purpose of undertaking work and earning an income until flights are available to depart New Zealand; or
   3. a limited visa granted by special direction under section 61 of the Immigration Act 2009 for the express purpose of undertaking work while they await repatriation; or
   4. a limited visa granted by special direction under section 61A of the Immigration Action 2009 with the express purpose of allowing the holder to undertake work in the horticulture and viticulture industries and earn an income until flights are available to them to depart New Zealand.
7. Limited visas granted under RSE Limited Visa Instructions will be subject to the condition that RSE limited visa holders may undertake employment only for the RSE who holds the relevant ATR and with whom they have entered into an employment agreement.
8. Where the non-New Zealand citizen or residence class visa holder worker ceases to be employed by an RSE, they may become liable for deportation.
9. Limited visas granted under RSE Limited Visa Instructions will be subject to the condition that RSE limited visa holders obtain and hold acceptable health insurance (WH1.25) for the duration of their stay in New Zealand.
10. Limited visas granted under RSE Limited Visa Instructions will be subject to the condition that RSE limited visa holders may undertake training with an industry training organisation with whom they have entered into a valid training agreement, if authorised by their employer as part of their employment.
11. Limited visas granted to allow work for more than one employer under WH1.10.1 (e), must specify the start and end dates of employment with each employer within the validity of the limited visa.
12. Where a limited visa allows employment for more than one employer and specifies start and end dates of employment with each employer, it is a condition of the visa that;
    1. the worker starts and ends employment for each employer on the dates specified on the visa; or
    2. the worker starts and ends employment for each employer no earlier than 14 days before the start date specified and no later than 14 days after the end date specified for employment with each employer, as specified in the employment agreement, where all employers have agreed to the amended dates.

WH1.15.25 Ineligibility for other visas

Applications from the holder of an RSE limited visa for any other type of temporary entry class visa, or a residence class visa will be declined.

WH1.15.30 Applying for a limited visa under RSE Limited Visa Instructions

Applications for an RSE limited visa must:

1. be made on the Application to Work for a Recognised Seasonal Employer (INZ 1142) or Application from an Onshore RSE Worker (INZ 1269) form;
2. and meet all the requirements under Generic Temporary Entry instructions for lodging an application for a temporary entry class visa as set out at E4; and
3. meet all the requirements for eligibility under WH1.15.1; and
4. include an employment agreement from an employer with RSE status (or an employment agreement from each employer if the visa is to cover work for more than one employer, under WH1.10.1(e) that meets the requirements for employment agreements set out in WH1.20; 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 WH1.15.15(b)) on the RSE Instructions Supplementary Medical Certificate (INZ 1143); and
6. include the results of pulmonary tuberculosis screening on the X-ray Certificate for Temporary Entry (INZ 1096) if the applicant has risk factors as set out in A4.25.1 and A4.25.5.

WH1.15.35 Workers whose employers lose RSE status

1. If during the currency of an RSE limited visa the employer has their RSE status rescinded, or not renewed, the holder of that visa may seek employment with another employer with RSE status (see WH1.15.5).
2. Where no further offer of employment under the RSE Limited Visa Instructions is obtained, the worker may become liable for deportation (see D2.15.15 and E3.5.50) and must leave New Zealand (see also L2.25(b)).

Effective 11/04/2024