WK3.5 Acceptable employment (to 04/07/2022)

1. To grant an Essential Skills work visa, an immigration officer must be satisfied that:
   1. the offer of employment meets the requirements set out at W2.10.10; and
   2. the employment offered is genuine, sustainable and full-time for the duration of the employment period specified in the employment agreement; and
   3. payment is by wages, or salary; and
   4. the rate of pay is not less than the market rate for New Zealand workers in that occupation (regardless of whether the occupation is on one of the Essential Skills in Demand Lists).
2. An immigration officer will assess the employment offered to determine the remuneration level of that employment (WK3.5.1).
3. Applications for visas under Essential Skills instructions for self-employment must be declined.
4. Applications for visas under Essential Skills instructions related to planting, maintaining, harvesting or packing crops in the horticulture or viticulture industries must be declined.

Note: Applications for work visas to plant, maintain, harvest or pack crops in the horticulture or viticulture industries must be made under the Recognised Seasonal Employer (RSE) Instructions (see WH1) or the Supplementary Seasonal Employment Instructions (see WH3).

WK3.5.1 Determining the remuneration level of employment

1. An immigration officer will assess the employment offered to determine whether the remuneration offered, as calculated under WK3.5.5, will be either ‘paid at or above the median wage’ or ‘paid below the median wage’.
2. Employment will be assessed as being ‘at or above the median wage’ if the remuneration offered is at or above $27.00 per hour.
3. Employment will be assessed as being ‘below the median wage’ if the remuneration offered and paid is below $27.00 per hour.

Note: The remuneration requirements set out in WK3.5.1 will be updated in November each year based on New Zealand income data.

WK3.5.5 Calculating remuneration

1. Remuneration will be calculated on the basis of payment per hour.
2. Remuneration will be calculated according to the hours of work stated in the employment agreement.
3. If the employment agreement specifies payment by salary, the payment per hour will be calculated by dividing the annual salary by 52 weeks, followed by the number of hours that will be worked each week.
4. If the employment agreement specifies payment other than by hour (including payment by salary), and the hours of work are variable, an immigration officer may request evidence of the range of hours to be worked in order to calculate the remuneration.
5. Hours of work per week will be considered variable where the employment agreement contains a provision allowing the employer to request or require the employee to work additional hours from time to time.
6. Where evidence of the range of hours is provided in terms of (d) above or where the employment agreement specifies a range of hours, the maximum hours will be used to calculate the remuneration.
7. Each hour of work must be paid at or above $27.00, for employment to be assessed as paid at or above the median wage (see WK3.5.1.b), except for hours described at WK3.5.10 below.
8. For the purposes of WK3.5.5, remuneration includes:
   1. the agreed value of any reasonable deduction from the applicant’s salary or wages for goods or services; and
   2. in the case of accommodation provided in connection to the employment:
      • the agreed value of any reasonable deduction from the applicant’s salary or wages for that accommodation; or
      • if accommodation is provided by the employer, and there is no deduction from the applicant’s salary or wages for that accommodation, the market rental value of the accommodation provided; or
      • if an accommodation allowance is provided, the amount of that allowance.

        Note: In relation to WK3.5.5(h)(ii) above, the meaning of accommodation, and the value of accommodation that is included in the definition of ‘remuneration’, reflects the definition of accommodation and the value of accommodation that forms part of a person’s income under section CE 1 of the Income Tax Act 2007.

9. For the purposes of WK3.5.5, remuneration excludes other employment-related allowances (for example tool, or uniform allowances), and bonuses which are dependent on performance.

WK3.5.10 Overnight hours

1. Where an applicant is required to work overnight, but allowed to sleep during this time, any hours spent sleeping may be excluded from WK3.5.5(g) provided that:
   1. for any hours an applicant is sleeping, they are paid at or above the minimum wage; and
   2. for any hours an applicant is required to perform their duties, they are paid at least their normal rate; and
   3. the applicant works a minimum of 30 hours per week at their normal rate required by WK3.5.1; and
   4. the applicant works in the Aged, Residential Care or Disability Care industry.
2. Despite E7.10(a), these instructions may be applied to any work visa application under Essential Skills work instructions that has not been decided and was submitted before the effective date.

 Effective 19/07/2021