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A practical guide to the documents and resources you will need to employ a skilled migrant worker in New Zealand
We know that many businesses are unfamiliar with employing overseas workers and have concerns about the process and the legalities. But in order to get the best global talent, we think the only way forward is for companies to be prepared to recruit from the overseas talent pool – possibly even employing someone they won’t meet in person until they begin work.
We have created this free resource to help you navigate the issues of employing candidates to ensure you meet the correct criteria outlined by Immigration New Zealand when recruiting for your role.
From 2021, all employers must become an Accredited Employer before they can hire candidates from overseas. To become accredited, you will need to comply with the following requirements:
This includes a history of compliance with all immigration and employment New Zealand laws including but not limited to:
If you have been investigated for a breach or found to have breached any of these laws you will need specialised advice on how to proceed with accreditation.
Although this comes into force over the next 18 months immigration officers can already examine a lot of these aspects of your business under the current regime. We expect that to be done more often as the start of the new system approaches.
Identify the details of the role such as the tasks, qualifications, and experience required, as well as the pay and conditions.
Access the Immigration New Zealand (INZ) website to ascertain remuneration and skill level. This will impact the conditions covered by the work visa.
Some roles will have to be advertised. Some may appear on a skill shortage list avoiding the need for advertising. Using skill shortage lists requires care in their interpretation. It is not just a case of matching the job title to something at appears on the list.
For the roles not in areas of skill shortage:
Lower skilled roles will need to be advertised through Work and Income New Zealand and a Skills Match Report obtained from them. The advertising must accurately describe the role and the skills required.
Make sure you keep a copy of any advertising (and any invoices for placing that advertising). Note where and for how long you placed the advertisements.
This evidence can later be used to support a work visa application and is valid for up to three months from when the advertisement was first posted. The same evidence can be used to support more than one visa application for the same position within that three-month period.
Make sure you consider all of the candidates who apply for the job, including any referred by Work and Income.
If you interview local candidates, keep a record of why they were not suitably experienced or qualified for the role.
If no local candidates are suitable, you can offer the job to a non-New Zealand worker and support a work visa application (step 6).
If you are using an employment agreement that is a template your business has used for a while, make sure it is still compliant with current legislation.
Ensure that your agreement includes clear information about pay rates and hours to demonstrate that the role sits within a particular remuneration skill-band.
If you are unsure what to cite as the start date of employment in such contracts, you can simply write “subject to the issue of the work visa”.
Download and complete the employer supplementary form (Note: this is NOT a sponsorship form.)
On this form outline the details about your business, the terms of the employment agreement including details on pay rate and hours, the qualifications and experience needed for the job, and the local labour market research that was undertaken.
You will need to include the following evidence with your application:
Ensure the candidate can document their qualifications and experience to the level that has been stipulated in the advertising.
Check the candidate has a clear criminal record and obtained the necessary police checks.
A successful candidate will have to pass a medical exam, so check that they have submitted a recent medical check-up meeting the INZ standards.
