WM2 Definition of ‘religious work’

1. Religious work must substantially be a primary role including one or more of the following:
   1. teaching or guidance in religious scripture or philosophy;
   2. leading religious practice, worship or prayer;
   3. conducting religious initiations, ordination or ritual;
   4. ministering or pastoral care;
   5. roles of religious leadership in relation to any of the above.
2. Applicants are considered to be undertaking religious work where INZ is satisfied that the work the applicant is being sponsored to undertake directly serves the religious objectives of the sponsoring organisation.

   Note: Supporting roles for the sponsoring organisation, including cooking or cleaning may be secondary roles a religious worker may undertake. Secondary roles, however, will not in themselves qualify as religious work for the purposes of a visa. Religious study is not considered religious work for the purposes of these instructions.

3. Religious work, as defined above, may include:
   1. employment for a position that is paid a salary or wages; or
   2. work for a position that is paid a stipend; or
   3. work for a position that does not receive direct financial return to the worker, or
   4. work for a position that is paid through any alternative arrangement to WM2(c) (i) - (iii).
4. Where a religious worker is employed by the sponsoring organisation (WM2(c) (i)), the sponsoring organisation must provide an employment agreement for the duration of the sponsorship obligations.
5. Where a religious worker is not employed by the sponsoring organisation (WM2(c) (ii) - (iv)), the sponsoring organisation must provide a description of the work that includes the primary role(s), and any secondary role(s) the religious worker will be expected to undertake for the duration of their work visa.
6. All sponsoring organisations must be compliant with relevant instructions at W2.10 and E6.5, and INZ must be satisfied that evidence provided by the sponsoring organisation in support of the visa application under Religious Worker instructions are compliant with relevant employment and immigration laws in force in New Zealand.
7. INZ will decline an application for a work visa under Religious Worker instructions where it considers that granting the visa would undermine the integrity, credibility or reputation of the New Zealand immigration or employment relations systems.

   Note: To determine whether an employment agreement creates an unacceptable risk to the integrity of New Zealand's immigration and employment laws or instructions, an immigration officer may consider whether the rate of pay and/or conditions of the work are comparable to that for New Zealand workers undertaking similar work for the sponsoring organisation.

8. Employers (including any person associated with the employer who is able to influence the recruitment, employment or supervision of workers of that employer) must have a history of compliance with immigration and employment law. An employer is considered to not have a history of compliance with immigration and employment law if:
   1. it fails to meet the requirements set out at W2.10.15 and W2.10.20, or
   2. it is included on a list of non-compliant employers maintained by the Ministry of Business, Innovation and Employment (MBIE) (see Appendix 10 and Appendix 18), or
   3. it has 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).

Effective 11/04/2024