SM6.30 Additional requirements for skilled employment

Skilled employment only qualifies for points if the employment is:

1. for a position that is paid by salary or wages or on a per activity basis (see SM6.20.5 above) or in terms of a contract for service (payment by commission and/or retainer are not acceptable); and
2. 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 SM10).

   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.

SM6.30.5 Genuine employment

1. Employment will not be considered genuine if it is offered as a result of payment made by the applicant (or their agent or a third party) to the employer (or their agent or a third party) 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.
2. When assessing whether an offer of employment is genuine an immigration officer may consider (among other things) whether the remuneration offered for the position is comparable to the market rate for New Zealand workers in that occupation.

SM6.30.10 Ongoing and sustainable employment

1. Ongoing and sustainable employment is:
   1. employment with a single employer, that is permanent or indefinite, and of which the employer is in a position to meet the terms specified; or
   2. employment with a single employer, for a stated term of at least 12 months; or
   3. work 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.
2. Where an offer of employment or current employment is for a stated term of at least 12 months, the stated term must be valid both at the time the application is lodged and when the application is decided, in particular:
   1. if the applicant has current employment, he or she must be in that employment, or
   2. if the applicant has an offer of employment, the offer must continue to be valid.
3. For the purposes of SM6.30.10 (a) (ii), INZ must be satisfied that the employer:
   1. has genuine reasons based on reasonable grounds for specifying that the employment is for a stated term; and
   2. has advised the employee of when or how their employment will end and the reasons for their employment ending; and
   3. is in a position to meet the terms specified.
4. ‘Genuine reasons’ for the purposes of SM6.30.10 (c) do not include reasons:
   1. that exclude or limit the rights of a person under employment law (including the Employment Relations Act and the Holidays Act); or
   2. to determine the suitability of a person for permanent or indefinite employment.

      Note: In order to meet employment law, employment agreements that are for a stated term must specify in writing the way in which the employment will end and the reasons for ending the employment.

5. When assessing whether employment is sustainable, officers may consider factors including, but not limited to:
   1. the residence status of the employer
   2. the period for which the employing organisation has been established as a going concern
   3. the financial sustainability of the employing organisation
   4. forecasts of projected growth.

SM6.30.15 Independent midwife practitioners

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 SM6.5, SM6.10.5 (c), SM6.30 (a) and SM6.30.10 and can be used to satisfy the requirements of SM11.5 (a)(i)

Effective 19/02/2018