WK1.5 Overview (to 04/07/2022)

1. Essential Skills work instructions provide for the grant of work visas to overseas workers with an offer of employment to work in New Zealand.
2. Essential Skills work visas may only be granted if:
   1. the employment is acceptable (WK3.5); and
   2. there are no New Zealand citizens or residents available for the work (WK3.10) unless WK1.5.10 applies; and
   3. the employer meets requirements (WK3.15); and
   4. the applicant meets requirements (WK3.20).
3. The remuneration paid with respect to the employment (WK3.5.1) determines the currency of an Essential Skills work visa granted and the ability of an Essential Skills work visa holder to support temporary visas for family members.

WK1.5.1 Applications with approval in principle

1. Employers wishing to recruit foreign workers for a specific role or roles may request approval in principle (AIP), if the request is made on or before 30 June 2021.
2. When considering a request for approval in principle, Immigration New Zealand will assess the availability of New Zealanders to do the work, and the requirements related to the employment and the employer, in advance of the applicant making a work visa application.
3. Where an Essential Skills work visa application is made based on AIP, generally only the requirements related to the applicant (WK3.20) will be assessed.

WK1.5.5 Applications without approval in principle

1. Overseas workers who have been offered employment in New Zealand do not require approval in principle and may apply directly to Immigration New Zealand for an Essential Skills work visa.
2. In the case of a direct application for an Essential Skills work visa, requirements related to the employment, employer, applicant and the availability of New Zealanders will be assessed together.

WK1.5.10 Essential Skills applications for applicants to remain in their current employment

1. This instruction applies to applicants who are applying for an Essential Skills work visa to remain in their current, full-time employment and, at the time of application, hold:
   1. a work visa of any type, or
   2. a student visa with conditions allowing unlimited work rights (see U13.15.15), or
   3. a Critical Purpose visitor visa either granted on the basis that the holder has a critical purpose for travel to New Zealand under H5.25.15(a), or granted for more than six months on the basis that the holder has a critical purpose for travel to New Zealand under H5.25.15(b) or H5.25.15(c)(i).
2. Where an applicant is applying for an Essential Skills work visa to remain in their current, full-time employment:
   1. there is no requirement for an immigration officer to be satisfied that there are no New Zealand citizens or residents available for the work; and
   2. the application may be made without the applicant providing additional documents as evidence of meeting the requirements set out in the following instructions, provided declarations that the requirements are met are made in the approved application forms:

      • W2.10 Generic work visa instructions

      • WK3.5 Acceptable employment

      • WK3.15 Requirements for employers

      • WK3.20 Requirements for applicants

        Note: Where (b)(ii) applies, an immigration officer may be satisfied that the requirements set out in instructions are met on the basis of the applicant and/or employer’s declaration or they may request further evidence that the requirements are met.

3. Current, full-time employment is any employment that:
   1. commenced before the visa application was made and has been maintained; and
   2. is for at least 30 hours per week (see W2.2.10).
4. An applicant is remaining in their current employment where their application is to enable them to continue working in the same role, the same region and for the same employer as their current employment.
5. Despite the normal requirement that applications must be determined in accordance with the instructions in force at the date an application is made (E7.10(a)(ii)), applications made before 19 July 2021 that had not been decided by that date, may be granted under these instructions, even if the instructions on the date they applied specified different requirements.

Effective 19/07/2021