WK3.20 Requirements for applicants (21/05/2018)

To grant an Essential Skills work visa, an immigration officer must be satisfied that the applicant:

1. is suitably qualified by training and experience to do the work offered; and
2. if the Essential Skills work visa is for lower-skilled employment (WK3.5.1), is not required to spend time outside New Zealand (referred to as an applicant who is subject to a ‘stand-down period’ – see WK3.20.5).

WK3.20.1 Determining that an applicant is suitably qualified

1. When assessing whether an applicant is suitably qualified by training and experience to do the work offered, immigration officers will consider whether the qualifications and work experience required by the occupation described in the ANZSCO substantially matches the applicant’s proposed employment.
2. Immigration officers must consider whether:
   1. the applicant holds a relevant qualification that is comparable to the qualification described for that occupation in the ANZSCO; or
   2. the applicant has the relevant work experience that the ANZSCO indicates may substitute for the required qualification; or
   3. the employment is in an occupation included on the Essential Skills in Demand Lists and the applicant meets the relevant requirements specified for that occupation.
3. Immigration officers must be satisfied that the qualifications and/or work experience provided by the applicant are relevant to their proposed employment in New Zealand.

WK3.20.5 Applicants who are required to spend time outside New Zealand (subject to a ‘stand-down period’)

1. An Essential Skills work visa holder may hold visas allowing work in lower-skilled employment (as defined in WK3.5.1) for a maximum period of 3 years before they are required to spend time outside New Zealand (subject to a stand-down period).
2. Applicants subject to a stand-down period are not eligible for a further Essential Skills work visa for lower-skilled employment until they spend 12 consecutive months outside New Zealand.
3. A person who has spent 12 consecutive months outside New Zealand is no longer subject to a stand-down period and may be granted further Essential Skills work visas for the duration allowed by WK4.1(a)(iii).
4. Essential Skills work visas applied for before 28 August 2017 did not include an assessment of skill-band under WK3.5.1 and are therefore not considered when calculating the 3 year maximum period.

WK3.20.10 Determining an Essential Skills work visa application where an applicant is awaiting a Skilled Migrant Category decision

1. Despite WK3.1 (a)(ii), an applicant may be granted an Essential Skills work visa, valid for 1 year without an immigration officer being satisfied that there are no New Zealand citizens or residence class visa holders available to do the work offered if:
   1. they currently hold a temporary work visa; and
   2. they have applied for an Essential Skills work visa to continue working in the role they currently hold; and
   3. they meet all other requirements of Essential Skills work visa instructions; and
   4. they have been issued an Invitation to Apply under the Skilled Migrant Category and retain the ability to apply (see  SM3.1), or have made an application for residence under the Skilled Migrant Category and that application has not yet been completed; and
   5. their Expression of Interest was selected in part on the basis of points claimed for skilled employment in the role they currently hold.
2. One further Essential Skills work visa, valid for six months, may be granted in exceptional circumstances to an applicant who continues to meet the requirements of (a) above.

WK3.20.15 Determining an Essential skills work visa application for Filipino dairy workers who have provided false documents

1. The intent of this section of Essential Skills instructions is:
   1. to recognise that the dairy industry is of particular importance to the New Zealand economy, particularly in regional and rural New Zealand;
   2. to acknowledge significant levels of false and misleading information have been identified in previous work visa applications to work in the dairy industry; and
   3. to acknowledge that declining a large number of work visa applications for failing to meet the requirement to be of good character would have a detrimental effect on the dairy industry.
2. These instructions apply to people who:
   1. are nationals of the Philippines;
   2. are in New Zealand holding an Essential Skills work visa (or an interim visa based on holding an Essential Skills work visa at the time they made an application);
   3. are subject to A5.45(b) as an immigration officer has established that, on the balance of probabilities, in the course of applying for a New Zealand visa they provided any statement, information, evidence or submission that was false, misleading or forged;
   4. were granted an Essential Skills work visa to work on a dairy farm before 1 September 2015; and
   5. are applying for a further Essential Skills work visa to work on a dairy farm.
3. Despite the character requirement set out at A5.45(b) a person to whom (b) above applies may be granted an Essential Skills work visa if they:
   1. have not subsequently withheld information or provided further false information to INZ, in particular with regard to the application in which they originally supplied false information; and
   2. meet all other criteria for the grant of an Essential Skills visa.

WK3.20.20 Minimum income requirement for dependent children of Essential Skills work visa holders

See also Immigration Act 2009 s 49(1)(b)

1. Essential Skills visa holders in lower skilled employment who are eligible to support their dependent child's visitor or student visa application (see V3.10.1 or U8.20.1), must meet a minimum income threshold if they wish to support their dependent child’s visa application. The visa holder's dependent child will be assessed against criteria set out in V3.10.5 or U8.20.5.
2. Parents holding Essential Skills work visas may be liable for deportation if the dependent child's visa application is declined under these instructions and the dependent child becomes unlawful.
3. It will be a condition of the dependent child's visa and the parent/s visa(s) that the parent/s must maintain the minimum income threshold for the duration of their dependent child's visa. If the threshold is not maintained the parent/s and child may be liable for deportation.

Note: Where both parents hold Essential Skills work visas, their incomes may be combined to meet the minimum income threshold.
The minimum income threshold excludes employment-related allowances (for example tool or uniform allowances) and must be calculated on the basis of no more than 40 hours' work per week

Effective 21/05/2018