Essential Skills Work Category - New Zealand Immigration Lawyers and Advisers /ニュージーランド政府公認移民アドバイザー : New Zealand Immigration Lawyers and Advisers /ニュージーランド政府公認移民アドバイザー

Essential Skills Work Category

If you have a job offer from New Zealand employer and also have a qualification and/or work experience related to the job offer, you may be eligible for applying for a work visa under Essential Skills Work Instructions. INZ will assess the skill level of an occupation of your job offer, and also whether you have a relevant qualification(s) and/or work experience(s) which is comparable to the description for the occupation on *ANZSCO(please refer below). Your employer who gives you a job offer also needs to meet some specific requirement on this instructions.

Successfully obtaining a work visa under this Essential Skills Instructions is very important for the applicant who plans to apply for a residence class visa under Skilled Migrant category later on. YIS highly recommends you to consult with us if you are uncertain in regards to how to apply for a work visa under this instructions especially when you are planning to apply for a residence visa in a near future.

Essential Skills Work Instructions Objectives:
Essential Skills work instructions contribute to the overall work instructions objective by:
a. Incentivizing the development of a highly skilled workforce, high quality jobs and workplaces, and high value industries;
b. Helping New Zealand firms maintain capacity and supporting the provision of services meeting important social needs; while
c. Not displacing New Zealanders from employment opportunities or hindering improvements to wages or working conditions; and
d. Managing fiscal risks, settlement risks and public perceptions of migration; and
e. Ensuring the integrity of the immigration system and promoting the international reputation of New Zealand.
Note: Self-employment does not meet the objectives of Essential Skills work instructions.
*The Australian and New Zealand Standard Classification of Occupations (ANZSCO)
The ANZSCO is a list of occupations that INZ use as part of the assessment of applications under Essential Skills instructions. It provides information about:
the skill level of an occupation (ranging from skill level one for the highest skilled positions, to skill level five for the lowest skilled)
the tasks and duties normally undertaken in an occupation
the level of the qualification and/or amount of work experience required to work in an occupation

The outline below is to describe the crucial parts of the application process under this category.

1: Assessment of skill level
Immigration Officer will make an assessment of the skill level of an occupation for the purposes of Essential Skills work instructions primarily based on the Australian and New Zealand Standard Classification of Occupations (ANZSCO), which classifies occupations according to the skill level required to perform the tasks of each occupation.
To assess the skill level of an occupation using the ANZSCO, immigration officers must be satisfied that the offer of employment substantially matches the description for that occupation (including core tasks) as set out in the ANZSCO.
When assessing whether you are suitably qualified by training and experience for a particular occupation, immigration officers must consider whether:
i you hold a relevant qualification which is comparable to the qualification described for that occupation in the ANZSCO; or
ii you have the relevant work experience that the ANZSCO indicates may substitute for the required qualification; or
iii the employment is in an occupation included on the *Essential Skills in Demand Lists(please refer below) and the applicant meets the relevant requirements specified for that occupation.
Essential Skills in Demand Lists
Long Tern Skilled Shortage List
Immediate Skilled Shortage List

2: Determining the availability of New Zealand citizens or residents
a. New Zealand citizens or residence class visa holder workers are considered to be ‘available’ if, as a result of a * labour market test, (Please refer 3. Below) an immigration officer establishes that there are suitable New Zealand citizens or residence class visa holder workers who can:
i take up the work on offer; or
ii readily be trained to do the work on offer.
b. Immigration officers will accept that no suitably qualified New Zealand citizens or residence class visa holders are available where an occupation is included on the current Long Term Skill Shortage List or Immediate Skill Shortage List.
c. It is not relevant to the determination of availability of New Zealand citizens or residence class visa holder workers whether those New Zealand citizen or residence class visa holder workers are prepared to do the work on the terms and conditions proposed by the employer.
Note: The Essential Skills in Demand Lists are published on the immigration website at www.immigration.govt.nz/essentialskills

3: Labour market tests
a. When conducting a labour market test an immigration officer must be satisfied that:
i the employer has made a genuine attempt (see WK2.10.5) to attract and recruit suitable New Zealand citizens or residence class visa holders (see WK2.10.5); and
ii New Zealand citizens or residence class visa holders are not available (WK2.10).
b. Matters an immigration officer may take into account when determining whether or not a labour market test is satisfied include but are not limited to:
i the employer’s case:

– for an approval in principle; or

– in support of an individual worker’s application

ii evidence of a genuine attempt on the part of the employer to recruit New Zealand workers by way of advertising and/or use of other appropriate avenues of recruitment likely to attract New Zealand workers;

iii advice from the service delivery arm of the Ministry of Social Development, Work and Income about the availability of New Zealand citizens or residence class visa holders to do the work offered;

iv advice from relevant stakeholders within the particular industry, including unions.

c. In any particular case an immigration officer may decide to:

i determine the labour market test is satisfied by one or more of the above; or

ii determine that the labour market test is not satisfied by one or more of the above; or

iii make other inquiries.

d. Despite (c) above, but subject to (e) below, when determining whether there are New Zealand citizen or residence class visa holder workers available to undertake work in an ANZSCO Skill Level 4 or 5 occupation, immigration officers must seek advice from Work and Income about the availability of New Zealand citizens or residence class visa holders to do the work offered.

e. The requirement in (d) above does not apply for any period of time where Work and Income has advised INZ of a regional absolute labour shortage for a specified occupation or industry, and in the regionspecified.

*Definition of ‘genuine attempts’

a. For the purpose of these instructions an employer is considered to have made genuine

attempts to recruit suitable New Zealand citizens or residence class visa holders if:

i any specifications or requirements stipulated in a job description and/or ideal person specification are restricted to those specifications or requirements necessary to perform the work on offer; and

ii the terms and conditions specified for the work on offer are not less than those of the New Zealand market, including payment at the New Zealand market rate; and iii the extent and nature of advertising or use of other appropriate means of recruitment is such that any suitable New Zealand workers would apply or be likely to apply for the position(s), for example:

listing the vacancy with Work and Income;

advertising the vacancy in a national newspaper and/or website;

contracting a recruitment company appropriate to the industry.

b. For the purposes of these instructions an employer is not considered to have made genuine attempts to recruit suitable New Zealand citizens or residence class visa holders

if:

i the employer has advertised the work in such a way that no New Zealand citizen or

residence class visa holder will or is likely to apply e.g. making foreign language skills a requirement when it is not necessary for the performance of the work; or

ii an employer has advertised the work at terms and conditions that are less than terms and conditions New Zealand citizens or residence class visa holders typically receive for equivalent work.

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