SM7.15 Additional requirements for skilled employment (29/11/2010)

1. Skilled employment only qualifies for points if the employment is:
   1. full time (employment is full-time if it amounts to, on average, at least 30 hours per week); and
   2. genuine; and
   3. for a position that is paid by salary or wages or in terms of a contract for service (payment by commission and/or retainer are not acceptable), and
   4. accompanied by evidence of full or provisional registration, or evidence of eligibility for registration by the New Zealand Medical or Dental Council subject only to an interview with the relevant registration authority on arrival, if full or provisional registration is required by law to undertake the employment (see SM19.20); and

   Note: For medical practitioners, registration within a 'special purpose scope of practice' is not full or provisional registration for the purpose of a resident visa application or a work to residence application.

   1. the employment was not offered as a result of payment made by the applicant (or their agent) to the employer (or their agent) in exchange for securing that offer of employment. Such practices are contrary to the principles of the Wages Protection Act 1983, as well as to immigration instructions.

   Note: To determine whether an offer of employment is skilled, an immigration officer may consider whether the remuneration offered for the position is comparable to the market rate for New Zealand workers in that occupation.

2. Employment must be ongoing and sustainable. Ongoing and sustainable employment is:
   1. an offer of employment or current employment with a single employer and permanent, or indefinite, or for a stated term of at least twelve months with an option for the employee of further terms, and of which the employer is in a position to meet the terms specified; or
   2. employment on a contract basis where the applicant:
      • has a consistent history of contract work, and
      • has a current contract for services, and
      • INZ is satisfied that such contract work is likely to be sustained.

        Note: When assessing whether employment is sustainable, officers may consider, but are not limited to, such factors as the residence status of the employer, the period for which the employing organisation has been established as a going concern, and the financial sustainability of the employing organisation.

3. In the case of independent midwife practitioners a letter of authority to claim under the Maternity Notice pursuant to Section 88 of the New Zealand Public Health and Disability Act 2000 as well as evidence of admission to the New Zealand Register of Midwives will satisfy the requirements of SM7.5(b), SM7.15(a)(i),(ii) and (iii), SM7.15(b), and can be used to satisfy the requirements of SM4.30.10(a)(i).

Effective 29/11/2010