WR7.10 Requirements to be granted a South Island Contribution work visa

To be granted a visa under the South Island Contribution work instructions, an applicant must:

1. hold an Essential Skills work visa at the time their application is made, which specifies as a condition employment to be undertaken at a location within the South Island; and
2. be in full-time (see W2.2.10), lawful employment in the South Island; and
3. have undertaken full-time, lawful employment in the South Island as the holder of an Essential Skills work visa, or an interim visa, for five years between 22 May 2012 and 22 May 2017 (see WR7.10.1); and
4. have acceptable ongoing employment, or an offer of acceptable employment, in the South Island (see WR7.10.5); and
5. meet the health and character requirements for residence set out at A4 and A5; and
6. meet the requirements for bona fide applicants set out at E5; and
7. be 55 years of age or younger on the date their application is accepted for processing; and
8. apply before 23 May 2018 (except where WR7.25 applies).

WR7.10.1 Time working outside the South Island

Time spent working in New Zealand outside of the South Island as an Essential Skills work visa holder may count towards the five years required by WR7.10(c) if:

1. employment outside of the South Island was full-time and lawful; and
2. employment outside of the South Island was the result of the nature of the applicant’s employment and the industry they work in; and
3. the applicant has spent no more than three months in a calendar year, and no more than 12 months in total, working outside the South Island.

WR7.10.5 Acceptable employment in the South Island

Employment is acceptable if:

1. it is full-time (see W2.2.10); and
2. it is genuine; and
3. it is ongoing and sustainable (permanent or indefinite, or for a stated term of at least 24 months); and
4. payment for work is by salary or wages; and
5. the workplace is in the South Island; and
6. the work is legal and consistent with existing visa conditions (if applicable); and
7. the terms and conditions specified are not less than those of the New Zealand market; and
8. the employer (including any person associated with the employer who is able to influence the recruitment, employment or supervision of workers of that employer):
   1. has no significant adverse record with Immigration New Zealand or the Labour Inspectorate, and
   2. is not included on a list of non-compliant employers maintained by the Ministry of Business, Innovation and Employment (MBIE) (see W2.10.15, Appendix 10 and Appendix 18), and
   3. has not 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).

WR7.10.10 Applicants who do not meet the requirements for the grant of a visa

1. An immigration officer must consider granting a visa as an exception to instructions if an application does not meet the requirements for the grant of a South Island Contribution visa (see E7.10).
2. In particular, an immigration officer should consider the objective of this visa category and the applicant’s circumstances if they fall marginally short of the five year requirement set out at WR7.10(c).

Effective 11/04/2024