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Please be advised that INZ has started to process Essential Skills work visa applications – and that they may ask for more information, as well as ensure the availability of New Zealanders remains unchanged.

When INZ asks for this information, you may need to contact your employer for details about the sustainability of their employment and the availability of New Zealanders.

Furthermore, an advisory to immigration offices on labour market testing and sustainability assessments for Essential Skills work visa applications has been issued today. The points covered are as under:

Point 1. Immigration instructions now require an immigration officer to be satisfied that, at the time the application is assessed, there are no New Zealanders available to do the work offered.

Point 2. Immigration officers may require updated information when assessing applications that the employment offer remains valid, and continues to be sustainable, and that there remain no New Zealanders available regionally and able to do the work on offer.

Point 3. Concerns that New Zealanders may be now available, or that employment may not now be genuine and sustainable will be considered potentially prejudicial information (PPI) and applicants will be given an opportunity to comment and provide further information before a decision is made.

Point 4. An applicant may be required to seek further information from their employer regarding the possible increased recent availability of New Zealanders, and confirmation that the employment remains valid, and provide any other relevant information they believe addresses the concerns raised.

These changes have been done as COVID-19 has greatly affected New Zealand’s economy and job market, and it’s vital to consider the current employment environment.

FAQS BY INZ
LABOUR MARKET TEST
Why am I being asked for updated information about the availability of New Zealanders?

Under current immigration instructions, INZ needs to balance facilitating businesses getting the workforce they need, and protecting the employment opportunities of New Zealanders.

COVID-19 has had significant impacts on New Zealand’s job market, and unemployment rates are rising. Assessing applications only on information provided before the impacts of COVID-19 does not align with the requirement to protect the employment opportunities of New Zealand. This means that INZ needs to ensure that no New Zealanders are available to do the work being offered, before visas are granted to any migrant employees.

Do I have to re-advertise?

Employers aren’t required to re-advertisee the vacancy, but they may need to provide updated information, to the best of their knowledge, that there are still no New Zealanders available in this current job market. Employers may choose to re-advertise as part of providing further evidence.

What does genuine and sustainable mean? My business is receiving the wage subsidy, does this matter?

The employment offered to Essential Skills visa applicants needs to be for real and genuine work, for at least 30 hours per week. Essential Skills work visas are granted for a period of either 12 months, 3 years, or 5 years, and consideration needs to be given to whether the work being offered is going to remain available for the entire duration of the visa. It’s likely that New Zealand’s economic situation is going to continue to change, and employers must be confident in their ability to continue trading (to the best of their knowledge).

The wage subsidy provides support for a business that has experienced a reduction in revenue and doesn’t necessarily mean the business won’t be sustainable going forward. Employers receiving the wage subsidy can still hire Essential Skills work visa applicants.

Check Out Latest Minimum Wages In New Zealand

I’m confident my business and the employment is sustainable. But what happens if my business’s situation changes, and I can’t keep my workers on?

If your business situation changes then you must go through normal employment law processes. Any work visas holders who are made redundant, employment if they wish to work and remain in New Zealand, they would then need to obtain new employment and either obtain a new work visa or vary their existing visa to begin that new.

What kind of things does INZ usually take into consideration if there are no New Zealanders available for the role being offered?

INZ considers a range of factors when determining whether any suitable New Zealanders are available for the work. This includes, but isn’t limited to, things like:

• The employer’s case in support of an individual worker’s application
• Evidence of a genuine attempt by the employer to recruit New Zealanders, through advertising and the use of other channels, such as recruitment agencies
• Advice from Work and Income about the availability of New Zealand citizens or residence class visa holder workers to do the work offered
• Advice from relevant stakeholders within the particular industry, including unions
• TIMING

How long will it take to process the Essential Skills work visa application I’m supporting?

Due to the complexities of the situation and INZ’s current limited visa processing capability, we’re unable to give exact timeframes as to when these applications will be processed. However, we aim to do so as quickly as possible given the current constraints on visa processing resources.

Can I submit this further evidence now, even though I haven’t been asked for it yet?

• INZ will request additional evidence at the time when the application is being assessed.
• SKILLS MATCH REPORTS

What is the Skills Match Report (SMR) and why is it important?

Current immigration instructions require employers seeking to employ an overseas worker for an occupation with an ANZSCO skill level of 4 or 5 are required to obtain an SMR from the Ministry of Social Development (MSD). An SMR details if any New Zealanders are available to work in the role being offered to the migrant worker. One can only be issued to employers who have advertised their vacancy with Work and Income New Zealand, where no suitable New Zealanders have been found.

Will I be able to get an SMR from MSD?

• MSD has confirmed that SMRs are available to employers who engage with MSD to recruit New Zealanders for vacancies.
• GENERAL

What about if the role I want to recruit for is on the skills shortage list?

No New Zealanders are considered available if the job offered is on one of the skills shortage lists, and the applicants meet the qualification and work experience required by the list for that particular job.

What if I want to hire someone under the Skilled Migrant Category?

There is no labour market test for applications under the Skilled Migrant Category (SMC).

I need to hire someone but I can’t pay them a full wage like I normally would. How does this impact the work visa application?

To be granted an Essential Skills work visa, the applicant must be paid the market rate for the role. If you are unable to pay them the normal rate for the role, you should provide evidence that either the market rate for the role has changed or reasons why the visa should be granted despite the market rate not being paid. These applications will be assessed on a case-by-case basis. The wage or salary paid must also always be above the minimum wage. The pay offered may also affect the duration of the visa and whether the visa holder can support visas for family members.

What if I want to recruit migrant workers in the future – how long will these changes be in place?

Decisions around changes to Immigration Instructions are made by the government. INZ and the wider Ministry of Business, Innovation and Employment are working through possible options for longer-term solutions and providing advice to the Minister of Immigration. This is a rapidly evolving situation and we’re unable to give a timeframe at this stage. But we will keep employers informed and provide more information as decisions are made. In the meantime, INZ will continue to process visas according to current Government policy as expressed in immigration instructions.

There might be New Zealanders available somewhere, but people aren’t able to move regions due to COVID-19. Does this mean I still have to hire them over migrant workers?

Employers who are unable to recruit New Zealanders for a vacancy due to COVID-19 restrictions should be able to provide evidence of particular barriers where this is the case.

If I can’t hire the migrant worker I need, I’m not going to be able to keep my business running. What options are available?

Essential Skills work visa applications will be assessed in date order.

Are we able to hire migrants for a short period just to see us through, and move to hire New Zealanders later down the track?

Essential Skills work visas are granted for the duration that the employment is offered – for the periods of 12 months, 3 years, or 5 years (depending on the skill level of the role). Employment law may determine what reasons are considered sufficient for offering employment for a fixed term; you may wish to seek legal advice on your options.

Ref – https://www.immigration.govt.nz/documents/visa-paks

As per the Immigration New Zealand (INZ) website, New Zealand competes internationally for skilled workers. Workers with skills on the Essential Skills in Demand List (ESID) usually find it easier to apply for temporary work and some resident visas.

Skill shortages happen when employers find it hard to get staff with the right skills for the job. Hence knowing which jobs are in skill shortage can help you choose the best job option or decide what subjects to study.

Overview

The Essential Skills in Demand List include the:

• Long Term Skill Shortage List (LTSSL), also referred to as Area of absolute skill shortage.
• Regional Skill Shortage List (RSSL), which has replaced the Immediate Skill Shortage List (ISSL), and
• Construction and Infrastructure Skill Shortage List (CISSL), which has replaced the Canterbury Skill Shortage List (CSSL).

How are migrants affected?

If an occupation is on a skill shortage list, the options which are available for employers and prospective migrants include:

• Skilled Migrant Category: under which migrants can apply for residence in New Zealand. It is a points system based on factors such as age, work experience, your qualifications, and an offer of skilled employment. It would be best if you were aged 55 or under, and meet English language, health, and character requirements. Migrants applying for residence under this category may gain bonus points towards their application if they have an offer of employment or work experience in an area of absolute skill shortage identified on the LTSSL.
• Essential Skills Work Visa: this requires an employer to demonstrate that they have tried to recruit New Zealanders for the position and been unsuccessful. However, if an occupation is on a shortage list, the employer need not provide evidence of their attempts to recruit a New Zealand citizen or resident. This category of visa lets you work for an employer in New Zealand. It can also lead to permanent residence in some circumstances. You can apply for it if you have been offered a job which you are qualified to do, and which you have experience in.
• Essential Skills (Approval in Principle): where employer is seeking a number of migrants. An AIP under the Essential Skills work visa category allows a New Zealand employer to recruit overseas workers to work in New Zealand temporarily. Upon securing AIP status, an employer can assist an overseas migrant with obtaining an Essential Skills work visa that is compliant with the conditions for which INZ granted employer’s AIP. The main benefit of AIP is that employers of such employees who have AIP status can safely assume as them having satisfied the labour market test.
• Talent (Accredited Employer) Work Visa: facilitating recruitment of skilled workers from overseas where the salary is at least NZ$55,000 per annum. This visa is for people who are looking for a pathway to live in New Zealand and who have a skill that’s needed by a New Zealand accredited employer. If an accredited employer offers you full-time work, you’ll be able to get a visa to work here. If you continue to work for that employer for two years, you’ll be able to apply to live in New Zealand permanently.
• Construction and Infrastructure Skill Shortage List (CISSL): Employers who are looking at recruiting migrant workers to positions on the list will no longer need to show they have advertised the role locally for a work visa to be issued. However, the duties described in the job description should substantially match INZ description of the position, along with the qualifications and/or experience stated on the list for that occupation. Moreover, the job should also be in the region specified on the list.

Ministry of Business, Innovation, and Employment (MBIE) reviews the ESID lists every six months to ensure they meet the changing needs of the labour market and to preserve employment opportunities for New Zealanders. MBIE has done a review recently, and the changes brought into effect.

We know that when it comes to hiring an employee, a genuine employer getssleepless nights due to the complications of the process involved.This sometimes discourages an employer to go through the process and hirea suitable candidate who could take the business to next level.Immigration Advisers New Zealand understands the process involved down tothe last detail and ensures that employers as well as the employees aresupported till a successful visa outcome is achieved.

STEP BY STEP GUIDE:

STEP 1: Make a note of the job profile that you would like to hire for yourbusiness.
STEP 2: Match the desire job profile with Long Term Skill Shortage List orImmediate Skill Shortage List or you can also check on Immigration SkillShortage Skill Checker
STEP 3: Undertake a Labour Market Check by way of Advertising or/ andapproaching Work and Income as the case may be, based on the ANZSCOLevel of the job profile.
STEP 4: Make genuine attempts to screen the candidates that haveapproached you with their CVs.
STEP 5: Document the genuine efforts that you have made to recruit NewZealanders for the job advertised.
STEP 6: Provide a Job Offer to the selected candidate, and complete the documentation required for lodging his/ her Essential Skills Work Visa.

COMMON REASONS FOR DECLINE:

1. Mismatch between terms and conditions advertised/ listed with work andincome/ offered to employee
   Identification of incorrect skill level and job title in ANZSCO
2. Job description does not match the position offered/ not in sync withANZSCO requirements
3. Robust recruitment process not followed. (For example, documentary evidence not available to substantiate claims for genuine attempts, evidence of other applications received, evidence of communication withother applicants, etc.)
4. Advertisement is more than 3 months old
5. Not running the advertisement for the required period
6. Salary offered not meeting the market pay requirement
7. Salary offered not meeting the skill level requirement
8. Unreasonable requirement listed in advertisement

Feel free to mail for more details – contact@nzimmigration.info | +64 9 379 0219

Importance of advertising as part of labour market check?

Most work visa applications in New Zealand are essential skills work visa applications.When assessing an application Immigration New Zealand (INZ) must be satisfied that there are no suitably qualified New Zealand citizens (or residence class visa holders) available to do the work through a Labour Market Check, of which advertising is an important criteria, if the job vacancy is not for ANZSCO Skill Level 4 or 5.

Hence, it is critically important for the employer to give evidence of his efforts by advertising to recruit any suitable New Zealanders for that job, and then explain why New Zealand applicants or residents were not suitable or readily trainable.

Labour Market Check – How to advertise & assess the candidates

How to advertise?

Advertising is the most effective way to show that genuine attempts have been made to recruit a New Zealander by any employer.There are some guidelines for advertising below:

Type Of Advertisements – large websites like Seek, Trademe etc. are acceptable for all occupations, so they must be made use of.
Duration Of Advertisement – for ANZSCO skill level 1 – 3 roles, an advertisement for at least 2 – 3 weeks must be run.
Validity Of Advertisement – evidence of advertising can be used to support a work visa application, and is valid for up to three months from when the advertisement was first posted.Good news is that the same evidence can be used to support more than one visa application for the same position within that three month period.
Content Of Advertisement – the advertisement must accurately describe the job and skills required for the role, and the advertisement must align with the job description.

How to assess the candidates?

All of the candidates who apply for the job must be considered, including any referred by Work and Income.It’s important to remember the that suitable candidates are those who have the skills and ability to take up the job and/or can be trained. So,if one of the New Zealand candidates is suitable, he or she should have been offered the job. If no New Zealanders are suitable, the job could then be offered to a non-New Zealand worker, however submission of the following supporting documentary evidence with the Essential Skills Work Visa application must always be considered:

• Copies of advertisements published in newspapers, magazines, employer’s website and recruitment sites
• Receipts for paid advertising
• Written confirmation from recruitment agencies (if used)
• The duration of advertising campaigns and when/where it ran along with dates and frequency
• Dossier of the applications received and the interviews conducted (i.e. How many New Zealanders and Non-New Zealanders applied?)
• Catalogue of full details of the outcome of recruitment efforts, which must include the number of applicants, shortlisting outcome, and details of why any New Zealand applicants were unsuitable, or unable to be trained (i.e. What required skills, qualifications or experience did they lack?), a link should me made to skills, qualifications, experience or attributes included in the job advertisement or description)
• Efforts that have been made to train New Zealanders to do the work, including details of the outcome, along with the details of any future plans for training and up skilling New Zealanders to do the work
• Any industry statistics on the numbers of vacancies in the market or any other industry based evidence

Role of Immigration Advisers

A common reason for Essential Skills Work Visa applications being declined is that the employer has failed to follow proper procedure while doing the Labour Market Check or has not specified the position correctly in the job advertisement.

Many employers are resistant to employing migrants because of this requirement, because it involves time and expense.

A License Immigration Adviser can help overcome this obstacle by helping the employer by drafting the advertisement and preparing the Immigration New Zealand form. The recruitment/advertising on employer’s behalf can also be handled by Immigration Adviser at appropriate places/mediums/platforms, and with the relevant agencies.

Caution

The Job advertisement and offer can not discourage New Zealand workers from applying.Immigration will not approve an Essential Skills Work Visa application application if the job advertisement discourages New Zealand citizens or residence class visa holders, from applying.