WS2.5 Definitions

1. For the purpose of WS instructions ‘senior manager’ or ‘executive’ means a person who:
   1. is a senior employee of an organisation; and
   2. has been employed by that organisation for at least 12 months before their proposed transfer to New Zealand; and
   3. is responsible for the entire organisation's operations in New Zealand, or a substantial part of it, while receiving general supervision or direction principally from higher level executives, the board of directors or stockholders of the business.
2. For the purpose of these instructions ‘specialist personnel’ means a person:
   1. who is being transferred to undertake a specific or specialist task at a senior level within the company; and
   2. possesses knowledge of the organisation's service, research equipment, techniques or management.
3. For the purpose of these instructions:
   1. ‘professional sports coach’ means a person who has a paid position in a New Zealand sports club to engage in a primary role of coaching;
   2. ‘professional sports player’ means a person who has a paid position in a New Zealand sports club to engage in a primary role of competing and training in that sport;
   3. ‘national or regional level’ means representing a sports club in a top tier national, trans-Tasman, or international competition.
4. For the purpose of these instructions ‘Contractual Services Supplier’ means a person, who is employed by an enterprise outside of New Zealand that:
   1. is not an agency for placement and supply services of personnel;
   2. is not established in New Zealand;
   3. has concluded a bona fide contract to supply services to a final consumer in New Zealand, requiring the presence on a temporary basis of its employees in New Zealand to undertake work in an ANZSCO skill level 1 occupation in order to fulfil the contract to supply services (the number of visas granted to employees must be proportionate to the services to be delivered as stipulated in the contract); and
   4. does not receive remuneration for the provision of services in the territory of New Zealand other than the remuneration paid by the enterprise employing the Contractual Services Supplier or from another source outside New Zealand.
5. For the purpose of these instructions ‘Independent Professional’ means a self-employed person with acceptable qualifications and experience, without the requirement for a commercial presence, working under a valid contract in New Zealand in an ANZSCO skill level 1 to 3 occupation.

WS2.5.1 Acceptable qualifications

1. As evidence of qualification equivalence, applicants for a visa made under WS instructions to undertake work as a Contractual Service Supplier, or Independent Professional, must provide;
   1. a copy of the qualification certificate awarded to the applicant specifying the qualification type and awarding institution; and 
   2. an International Qualification Assessment (IQA) from the NZQA, unless the qualification is included at, or above, the required level, on the List of Qualifications Exempt from Assessment (Appendix 17).
2. Evidence that the applicant holds full or provisional registration, if full or provisional registration is required to practice in the occupation in which they have employment.

WS2.5.5 English Language requirements

1. Applicants for a visa made under WS instructions to undertake work as an Independent Professional, where their role has been assessed as ANZSCO skill level 3 are required to meet a minimum standard of English.
2. Applicants are considered to have met the minimum standard of English if they provide acceptable English language test results no more than two years old at the time the application is lodged, as set out at WS2.5.5(d), obtained by sitting the test in person at a test centre (tests taken remotely outside of a test centre, including ‘at home’ tests, are not acceptable).
3. Other evidence that an applicant meets the minimum standard of English is: 
   1. citizenship of Canada, the Republic of Ireland, the United Kingdom or the United States of America, provided the applicant has spent at least five years in work or education in one or more of those countries or Australia or New Zealand; or 
   2. a qualification comparable to a New Zealand level 7 bachelor’s degree and gained in Australia, Canada, New Zealand, the Republic of Ireland, the United Kingdom or the United States of America as a result of study undertaken for at least two academic years in one or more of those countries; or 
   3. a qualification comparable to a New Zealand qualification at level 8 or above and gained in Australia, Canada, New Zealand, the Republic of Ireland, the United Kingdom or the United States of America as a result of study undertaken for at least one academic year in one or more of those countries. 
4. In any case, an immigration officer may require an applicant to provide an English language test result in terms of paragraph WS2.5.5(b). In such cases, the English language test result will be used to determine whether the applicant meets the minimum standard of English. 
5. The following English language test results are acceptable: 

*A score of Grade D or higher in all four skills is required for the OET as there is no overall grade for this test. 

WS2.5.10 Labour Market Test

1. Applications made under provisions WS2.1.1 (n) and (o) are subject to a labour market test.
2. The labour market test for a Contractual Services Supplier (WS2.1.1(n)) is met if an immigration officer is satisfied that the worker’s presence in New Zealand is integral to delivery of a contracted service supplied by a foreign company.
3. The labour market test for an Independent Professional (WS2.1.1(o)) is met if an immigration officer is satisfied that evidence has been provided of the employer’s genuine attempts to attract and recruit suitable New Zealand workers

Effective 20/10/2026