WA3.10 Requirements for a Job Check

WA3.10.1 Summary of requirements

An immigration officer may approve an application for a Job Check if they are satisfied that:

1. the employer continues to meet the requirements of their accreditation as set out in WA2 instructions (WA2.10, WA3.10.5(c)); and
2. the employment is acceptable as set out at WA3.15; and
3. where required, the job meets the labour market test as set out at WA3.20; and
4. where the employer holds Standard Accreditation, approval of the Job Check does not result in the employer having more than 5 jobs associated to them, and
5. the employer agrees to take reasonable steps to ensure that any Accredited Employer work visa applicant who applies on the basis of the Job Check meets qualification and skill requirements as set out at WA2.10.14.

WA3.10.5 Processing and verification requirements

1. When assessing an application for a Job Check, an immigration officer may:
   1. be satisfied that the requirements to be granted a Job Check are met on the basis of declarations or information provided by the employer; or
   2. take steps necessary to verify information that is provided as part of an application for a Job Check is genuine, accurate and true; or
   3. request evidence (including additional information not specified in these instructions) from employers, migrant employees and other parties, such as other parts of the Ministry of Business, Innovation and Employment and other government agencies, to determine whether an employer meets the requirements for a Job Check and/or the requirements of their accreditation (WA2.10).
2. Information that is provided as part of an application for a Job Check must be genuine, accurate and true. An immigration officer may decline an application for a Job Check if they are satisfied that an employer:
   1. provided false or misleading information in support of the Job Check application; or
   2. withheld relevant information that was prejudicial to approval of the Job Check application.
3. If there is information that indicates an employer may no longer meet the requirements of their accreditation (as set out in WA2 instructions), an immigration officer may:
   1. Request additional information from the employer or other parties in line with WA3.10.5(a)(iii) above for the purposes of undertaking verification (WA2.50).
   2. Postpone making a decision on the application while the employer’s accreditation is being considered (or has been referred) for suspension and/or revocation (WA2.55).
4. If the employer’s accreditation is expired, an immigration officer may decline the Job Check application (as per WA3.10.10(c)).
5. Despite (d) above, an immigration officer may consider postponing a decision on the Job Check application if the employer has made a new application for employer accreditation that is undecided.
6. If an employer’s accreditation is suspended, an immigration officer must postpone any decision to approve a Job Check application until the suspension ends.
7. If an employer’s accreditation is revoked, an immigration officer will decline the Job Check application as per WA3.10.10(c).

WA3.10.10 Considering a Job Check application

1. In accordance with the principles of fairness and natural justice set out at A1, employers submitting a Job Check application will be given the opportunity to comment before a decision to decline an application is made on the basis of any potentially prejudicial information (PPI).
2. For the purpose of assessing a Job Check application, PPI is factual information or material that:
   1. will or may adversely affect the outcome of the application; and
   2. the employer has not had an opportunity to comment on.
3. For the avoidance of doubt, Job Check applications may be declined without seeking further comment from the employer where an employer no longer holds current accreditation due to their accreditation being expired or revoked.
4. If an application fails to meet the requirements of the Job Check instructions, immigration officers may consider if a waiver of specific requirements in these instructions is appropriate, taking into account:
   1. all the circumstances of the application; and
   2. the objectives of the instructions; and
   3. the situation of the employer.
5. Any decision to waive specific requirements in these instructions must be approved by an Immigration Manager or higher.

WA3.10.20 Automated processing and approval

1. An automated electronic system may determine whether an employer meets one or more of the requirements for a Job Check under these instructions.
2. An automated electronic system may approve a Job Check for an employer who meets the requirements under these instructions.
3. Where a decision is made by way of an automated electronic system, that decision must for all purposes be treated as a decision of an immigration officer who is authorised to make the decision under the Immigration Act 2009.

Effective 29/09/2025