WK2.15 Evidence required from employers under Essential Skills work instructions (to 27/08/2017)

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

1. Employers requesting approval in principle to employ a non-New Zealand citizen or residence class visa holder worker or supporting an individual work visa application must provide:
   1. job offer(s) containing all the information specified in the generic work visa provisions at W2.10.10; and
   2. confirmation of whether or not the worker requires occupational registration in New Zealand; and
   3. if more than one, the number of temporary workers sought; and
   4. the names of suitable applicants (if known); and
   5. evidence of genuine attempts to recruit suitable New Zealand citizens or residence class visa holders (see W2.10.5), including the reasons why:
      • any particular job specifications were considered necessary for the performance of the work; and
      • any New Zealand applicants who applied were either not suitable, or refused to perform the work; and
   6. if requested by an immigration officer, evidence and/or confirmation of past compliance with employment and immigration law (see W2.10.5); and
   7. if the job offer(s) is in the construction sector in Canterbury region and the employer is a labour hire company, confirmation of the labour hire company's accreditation.

      Note: Employment is in the Canterbury region if the entire or principal place of work (as defined in section 2 of the Health and Safety in Employment Act 1992) is within the territorial authorities of Christchurch City Council, Selwyn District Council and Waimakariri District Council.

2. Evidence and/or confirmation of past and future compliance with employment and immigration law may include but is not limited to:
   1. employment agreements with workers which demonstrate compliance;
   2. a history with the Ministry of Business, Innovation and Employment and WorkSafe New Zealand of past compliance.
3. Employers who are included on a list of non-compliant employers maintained by the Labour Inspectorate are considered to not have a history of compliance with employment law (see W2.10.15 and Appendix 10).
4. Immigration officers must be satisfied that there are no New Zealand citizens or residence class visa holders available to do the work (WK2.10).
5. To ensure that the objectives of Essential Skills work visa instructions at WK1.1 are met, job offers must specify a rate of pay not less than the market rate for New Zealand workers in that occupation (regardless of whether the occupation is on one of the Essential Skills in Demand Lists).

Effective 01/04/2017