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SM7.10 Skilled Employment

  1. Skilled employment is employment that requires specialist, technical or management expertise obtained through:
    1. the completion of recognised relevant qualifications; or
    2. recognised relevant work experience (see SM7.10.15 below); or
    3. the completion of recognised relevant qualifications and work experience.
  2. Assessment of whether an occupation is skilled for the purposes of the Skilled Migrant Category (SMC) is primarily based on the Australian and New Zealand Standard Classification of Occupations (ANZSCO) which associates skill levels with each occupation.

    Note: The ANZSCO is available at www.immigration.govt.nz/ANZSCO

SM7.10.1 Assessment of whether employment is skilled

An offer of employment or current employment in New Zealand will be assessed as skilled if it meets the requirements of (a), (b) or (c) below.

  1. The occupation is included in part A of the List of Skilled Occupations held at Appendix 6 and the principal applicant can demonstrate that their offer of employment or current employment substantially matches the description for that occupation (including core tasks) as set out in the ANZSCO and:
    1. the applicant holds a relevant recognised qualification which is at, or above, the qualification level on the NZQF (see SM14.5) that corresponds to the indicative skill level described for that occupation in the ANZSCO; or
    2. the applicant has the relevant recognised work experience that the ANZSCO indicates may substitute the required qualification; or
    3. the employment is in an occupation included on the Long Term Skill Shortage List and the applicant meets the relevant requirements specified in column three of the Long Term Skill Shortage List for that occupation; or
    4. the employment is in an occupation that requires New Zealand registration by law to be undertaken and is included at SM19.5 and the applicant holds evidence of full or provisional registration in that occupation in New Zealand.
    5. notwithstanding (a) (ii), applicants with Skill Level One Occupations can substitute the required qualification with five years of relevant work experience.
  2. The occupation is included in part B of the List of Skilled Occupations held at Appendix 6 and the principal applicant can demonstrate that their offer of employment or current employment substantially matches the description for that occupation (including core tasks) as set out in the ANZSCO and:
    1. the applicant holds a relevant recognised qualification which is at, or above, level four on the NZQF (see SM14.5) (a qualification at level four on the NZQF must be a National Certificate or a New Zealand Certificate); or
    2. has the relevant recognised work experience that the ANZSCO indicates may substitute the required qualification; or
    3. the employment is in an occupation included on the Long Term Skill Shortage List and the applicant meets the relevant requirements specified in column three of the Long Term Skill Shortage List for that occupation.
  3. The occupation is included in part C of the List of Skilled Occupations held at Appendix 6 and the principal applicant can demonstrate that their offer of employment or current employment substantially matches the description for that occupation (including core tasks) as set out in the ANZSCO and has either:
    1. at least three years of relevant recognised work experience and a relevant recognised qualification which is at, or above, level four on the NZQF (see SM14.5) (a qualification at level four on the NZQF must be a National Certificate or a New Zealand Certificate); or
    2. at least three years of relevant recognised work experience and that current employment or the position in which the employment is offered, has an annual base salary of at least NZ$45,000.Note: For the avoidance of doubt, the annual base salary excludes employment related allowances (for example overtime, tool or uniform allowances, medical insurance, accommodation) and must be calculated on the basis of 40 hours' work per week.
  4. Where a principal applicant's offer of employment or current employment in New Zealand does not meet the requirements of (a), (b), or (c) above they may nevertheless qualify for points for skilled employment if:
    1. their employment in the occupation will enhance the quality of New Zealand's accomplishments and participation in that occupational area because the principal applicant has an international reputation and record of excellence in that field; and
    2. the required expertise for the occupation has been gained through relevant recognised qualifications or work experience.

SM7.10.3 Occupations awarded points for skilled employment as an exception

A principal applicant's offer of employment or current employment in New Zealand also qualifies for skilled employment points if:

  1. it is in an occupation included in the list of occupations held at Appendix 7 (Occupations Treated as Exceptions); and
  2. the principal applicant can demonstrate that their offer of employment or current employment substantially matches the description for that occupation (including core tasks) as set out in the ANZSCO and has either:
    1. a relevant qualification which is at, or above, the qualification level on the New Zealand Qualification Framework (see SM14.5) that corresponds to the indicative skill level described for that occupation in the ANZSCO; or
    2. the relevant work experience that the ANZSCO indicates may substitute the required qualification.

SM7.10.5 Relevance of qualification(s) to employment

Qualifications are relevant to employment if:

  1. the major subject area of the principal applicant's recognised qualification is directly applicable to the employment; and/or
  2. an immigration officer is satisfied that the qualification was a key factor in the employer's decision to employ the principal applicant in that position.

Note: For the purposes of this provision, 'qualifications' must meet the requirements for recognition set out in SM14.5 (except where SM7.10.3 applies) but are not required to be the same qualification(s) that qualifies for points under the Qualifications part of these instructions (see SM14).

SM7.10.10 Relevance of work experience to employment

Work experience is relevant to employment if the employer considers, and an immigration officer is satisfied that:

  1. the work experience is directly applicable to the employment; and/or
  2. the offer of employment could not reasonably have been made or the employment could not reasonably have been undertaken if the applicant did not have that work experience.

SM7.10.15 Recognised work experience

  1. Work experience will be recognised if an immigration officer is satisfied that the principal applicant's work experience has been lawfully obtained.
  2. Work experience will not be recognised if it was gained while in a country where the principal applicant was either an unlawful resident or required authority to undertake employment, but did not have such authority.

Effective 14/05/2013

PREVIOUS IMMIGRATION INSTRUCTIONS

SM7.10 Skilled Employment (07/11/2011)

SM7.10 Skilled Employment (29/11/2010)

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