WA3.30 Definitions

WA3.30.1 Definition of ‘genuine’ employment

1. For the purposes of Job Check applications, genuine employment is employment that:
   1. has not been created for the purpose of facilitating a visa; and
   2. is for work that is currently available, or will be required within 6 months of the Job Check application being approved; and
   3. has a genuine need to be based in New Zealand.
2. In determining whether employment is genuine, an immigration officer may take into account a range of factors, including, but not limited to:
   1. Publicly available information about the business.
   2. Whether the occupation is consistent with the nature and everyday activities of the business.
   3. Whether the employer is likely to have sufficient work available for the number of positions requested.
   4. The skills and experience required for the role being offered.
   5. Whether the employer intends to use the Job Check to support a family member.
   6. The degree of probability that the work will be required within 6 months of the Job Check being approved (if it is not currently available).

WA3.30.5 Definition of ‘qualified to take up the work on offer’

A person who is ‘qualified to take up the work on offer’ is a person who:

1. has qualifications, work experience or skills identified by the employer as being necessary to perform the role, and that are determined by an immigration officer to be reasonable; and
2. has other competencies identified by the employer as necessary for the performance of the work that are determined by an immigration officer to be reasonable including (but not limited to):
   1. having a driver licence or ability to get one if required; or
   2. being fit enough to do the work or not have any medical or other reasons why they cannot perform the work, especially for physical work; or
   3. being able to pass health, drug and criminal checks if required.

WA3.30.10 Definition of ‘can readily be trained to do the work on offer’

A person who ‘can readily be trained to do the work on offer’ is a person who:

1. with on-the-job training could do the work on offer, despite not having the qualifications, work experience or skills identified by the employer as being necessary to perform the role; and
2. has other competencies identified by the employer as necessary for the performance of the work that are determined by an immigration officer to be reasonable including (but not limited to):
   1. having a driver licence or ability to get one; or
   2. being fit enough to do the work or not have any medical or other reasons why they cannot perform the work, especially for physical work; or
   3. being able to pass health, drug and criminal checks if required.

WA3.30.15 Definition of ‘available to do the work on offer’

A person who is ‘available to do the work on offer’ is a person who:

1. resides in the ‘location of the job’ (WA3.15.15), or is willing and able to move to that location; and
2. can practically attend the workplace by having a suitable mode of transport; and
3. is available for work at the hours required by the employer, noting that the position must be for full-time employment (see WA3.15.10(a)(ii)).

WA3.30.20 Definition of a job associated with an employer

1. A job is first associated to an employer when:
   1. the employer is approved a Job Check application and granted a job token; or
   2. the associated job token has been re-used in line with requirements set out at WA4.10.20 (the details of the employment offered continue to meet the employment conditions of their current Accredited Employer work visa).
2. A job remains associated to the employer until:
   1. in the case of an Accredited Employer work visa or Job Change being granted on the basis of the job token, that work visa:
      • expires; or
      • is cancelled; or
      • is varied to allow the visa holder to work for a different employer; or
   2. in the case where a job token has not been used to support an application for an Accredited Employer work visa or Job Change, or the work visa or Job Change application is decided without being approved, the job token:
      • expires; or
      • is cancelled.
3. A job is also associated to the employer where an Accredited Employer work visa has been varied in accordance with E3.26.1.21 following a business sale or restructure and the conditions of the Accredited Employer work visa now specify that new employer.

Effective 29/09/2025