WK3.1 Assessing an Essential Skills application or a request for approval in principle to recruit overseas workers (to 04/07/2022)

1. To approve an Essential Skills work visa, an immigration officer must be satisfied that:
   1. the employment is acceptable as specified at WK3.5; and
   2. there are no New Zealand citizens or residents available for the work as specified at WK3.10; and
   3. the employer meets requirements as specified at WK3.15; and
   4. the applicant meets requirements as specified at WK3.20.
2. To approve an Essential Skills work visa made on the basis that the employer has approval in principle (AIP), an immigration officer:
   1. must be satisfied the applicant meets requirements for Essential Skills work visa applicants (WK3.20) and any requirements specified in the approval in principle; and
   2. may rely on the AIP to satisfy the requirements of WK3.1(a)(i-iii).
3. Despite WK3.1(b), where an immigration officer has reasonable grounds for determining that the labour market, or circumstances of the employment or of the employer have materially altered since the grant of approval in principle, they may undertake further checks to ensure the provisions of WK3.1(a)(i–iii) are still satisfied.
4. In cases where the employer supporting a work visa application currently holds or has previously held AIP which has lapsed for that position, the conditions specified in the AIP will continue to apply, unless the employer can satisfy the immigration officer that the circumstances of employment have changed.
5. Despite (a)(ii) above, where WK1.5.10 Essential Skills applications for applicants to remain in their current employment applies, there is no requirement for an immigration officer to be satisfied that there are no New Zealand citizens or residents available for the work.
6. Despite the normal requirement that applications must be determined in accordance with the instructions in force at the date an application is made (see E7.10(a)(ii)), (e) above applies to applications made before 19 July 2021 that had not been decided by that date.

WK3.1.5 Assessing a request for approval in principle to recruit overseas workers

1. To grant approval in principle to recruit overseas workers, an immigration officer must be satisfied that:
   1. the employment is acceptable as specified at WK3.5; and
   2. there are no New Zealand citizens or residents available for the work as specified at WK3.10; and
   3. the employer meets requirements as specified at WK3.15.
2. Where approval in principle to recruit foreign workers is granted, the approval must specify:
   1. the duration the approval is valid for; and
   2. the duration of the work visa(s) to be granted to the eligible applicants who apply on the basis of the approval in principle; and
   3. the number of positions the employer has been approved to recruit for; and
   4. the remuneration level of the employment that the employer has been approved to recruit for; and
   5. the occupation(s) that the employer has been approved to recruit for; and
   6. the location(s) that the employer has been approved to recruit for; and
   7. the training and/or work experience necessary for applicants to be considered qualified for the position(s); and
   8. any undertakings the employer has agreed to as part of the job offer (such as provision of accommodation) and any other conditions deemed necessary by the immigration officer.
3. No approval in principle application for the recruitment of workers to plant, maintain, harvest or pack crops in the horticulture or viticulture industries will be approved under these instructions. All requests to recruit non-New Zealand citizen or residence class visa holder workers to plant, maintain, harvest or pack crops in the horticulture or viticulture industries must be made under Recognised Seasonal Employer (RSE) instructions (see WH1) or the Supplementary Seasonal Employment (SSE) instructions (see WH3).

Effective 19/07/2021