WK3.15 Requirements for employers (to 04/07/2022)

1. To

   grant an Essential Skills work visa, an immigration officer must be satisfied that:
   1. the employer is the direct employer, responsible for such things as:
      • payment of salaries;
      • PAYE tax instalments;
      • conditions of employment;
      • day-to-day supervision of the workplace and the employee; and
   2. the employer has previously complied and will comply in future with all relevant New Zealand employment and immigration law and immigration instructions; and
   3. the employer has previously paid any employees who were holders of an Essential Skills work visa the remuneration required by those employees’ work visa conditions (see WK4.5(d)); and
   4. the employer meets the requirements set out at W2.10.15 and is not included on a list of non-compliant employers maintained by the Labour Inspectorate (see Appendix 10).

WK3.15.1 Evidence required from employers

1. Employers requesting approval in principle to employ a non-New Zealand citizen or residence class visa holder worker, or supporting an individual work visa application, must provide:
   1. job offer(s) containing all the information specified in the generic work visa provisions at W2.10.10; and
   2. confirmation of whether or not the worker requires occupational registration in New Zealand; and
   3. if more than one, the number of temporary workers sought; and
   4. the names of suitable applicants (if known); and
   5. evidence of genuine attempts to recruit suitable New Zealand citizens or residence class visa holders (see WK3.10.5), including the reasons why:
      • any particular job specifications were considered necessary for the performance of the work; and
      • any New Zealand citizens or resident class visa holder workers who applied were either not suitable, or refused to perform the work; and
   6. if requested by an immigration officer, evidence and/or confirmation of past compliance with employment and immigration law (see W2.10.5); and
2. Evidence and/or confirmation of past and future compliance with employment and immigration law may include but is not limited to:
   1. employment agreements with workers which demonstrate compliance;
   2. tax records that show compliance with employment agreements and visa conditions;
   3. a history with the Ministry of Business, Innovation and Employment and WorkSafe New Zealand of past compliance.
3. Employers who are included on a list of non-compliant employers maintained by the Labour Inspectorate are considered to not have a history of compliance with employment law (see W2.10.15 and Appendix 10).
4. Employers who have previously failed to pay any employee the remuneration required by the employee’s visa conditions are considered to not have a history of compliance with immigration law.
5. If an employer is supporting an individual work visa application to which WK1.5.10 Essential Skills applications for applicants to remain in their current employment applies, the employer:
   1. is not required to provide the information specified by (a)(i) above but is required to complete the declarations on the form approved for the application (the Employer Supplementary Form 1113) and
   2. is not required to provide the information specified by (a)(v) above.

Effective 19/07/2021