Why a work visa?
Employers are often frustrated when it comes to work visas. They often have positions that need to be filled and struggle to find the right person for the job. To employers there appears to be a resistance by Immigration New Zealand (INZ) to grant work visas which would allow the employers to source the urgently needed staff from migration. There is a rationale for this apparent resistance. INZ is a subsection of the Department of Labour whose primary objective is to maximize the employment opportunities of NZ residents. They are charged with the responsibility of ensuring that strong consideration is given to ensuring that local unemployed persons have all possible opportunity to become employed. Migration should not disadvantage citizens and residents of New Zealand who make up the available workforce. This objective does sometimes make the INZ New Zealand Work Visa policy appear complex, convoluted and rarely responsive.
Fortunately our immigration system is comprised of many visa options. It is therefore critical that an application for a work visa be thoroughly assesses and that any lodgment of visa be done under the most favorable category or pathway for that individual. The pathway must also be fully supported with all the pertinent evidence which will enable the case officer to be satisfied of the bone fide nature of the application and approve it. Aotearoa Abroad has the experience and team resources to ensure that all the relevant documentation and supporting evidence is included in the application. This in turn gives way to a successful result.
Can the employee that I have selected get a work visa?
Like our labour market, immigration policy is not static. The complexities of obtaining a work visa largely depends on the category under which the applicant will be applying. Work visas for the more generalized skills can be very difficult at times to obtain. However, if a person is being offered employment to fill a specialized or senior position in a substantial organization the outcome is often quite different. There is also greater ease in obtaining visas for professions and skills that are listed on the national skill shortage list. Although this category of visa is complex there are special categories that exist which simplify and shorten the process. Our team provide guidance in this.
What documentation will I be required to provide?
As an employer that is planning on supporting an application for a Work Visa you may need to complete an employer supplementary form. You should also anticipate being asked to provide information such as financial statements showing the companies viability and ability to support their obligation as an employer, Company registration, a formal offer of employment showing your preparedness to pay market rate salary or wages. You may also be asked to provide a job description and employment contract. The case officer reviewing the application may also require other specific documents and information. Our immigration advisers will liaise with the case officer and advise you of the specific requests. The proposed employee will also be required to provide supporting documentation.
How do you guarantee my confidentiality?
We realize the sensitivity of the corporate and individual information that we handle. Much of the information required by Immigration New Zealand is highly confidential and at times even commercially sensitive. We guarantee to maintain the strictest of confidentiality. We will not share any of your information without your permission.
What are my responsibilities as an employer? Do I need to worry whether an applicant has a work permit?
You are responsible to ensure that all employees have the legal right to work in NZ. Unfortunately, possession of an IRD number does not necessarily mean possession of a work permit or relevant visa. When you commit to employment of an individual you must sight at least one of the following:
• Foreign Passport with Residence Visa attached
• Foreign passport with Work Visa label, specifying the name of the employer or 'Open' or 'Any'
• NZ Passport
• NZ Birth Certificate
• Tax Code Declaration form IRD330, completed and signed
Outside of this proof of eligibility to work in New Zealand, employment would be illegal. The penalty for employing an illegal worker is a fine of up to $10,000 or $50,000. As this information is readily available on the internet, “not knowing” is no safeguard or defense from prosecution.
Special category of employers
International or substantially sized New Zealand companies who need to utilize specialist or senior international personnel in order to run their operation may qualify to employ such persons under specific conditions. Applications for such new employees for companies which meet the special criteria can be expedited and are subject to minimum processing difficulties.
However other work visa applications are very complex, require careful preparation and must meet the proof requirements of INZ and the Department of Labour to demonstrate that there are no local workers available to fill the position.
Employees of Businesses Relocating
This is a specific residence category for senior employees of off-shore businesses which are establishing a secondary presence or relocating their operations to New Zealand. The parent business may continue to operate in its home country and links between the parent and the New Zealand business are considered optimal and encouraged.
The EBR category facilitates the movement and granting of residence to the key employees of businesses relocating to New Zealand, who cannot qualify for residence under any other category. A key employee is defined as an employee that is deemed essential to the operation of the business in New Zealand by the Chief Executive Officer of the relocating business. EBR applications are considered by the Minister of Immigration on an individual case by case basis.
• Principal applicants are required to demonstrate that they are a key employee of a relocating business. The relocation is supported by Trade NZ, Industry NZ or another similar organization. Ideally those companies that qualify to utilize this visa category are substantial offshore businesses which possess the infrastructure and financial resources to develop a multi-million dollar turnover and whose strategic plan can be seen to provide significant economic benefits (job creation) for New Zealand within five years.
• Businesses relocating to New Zealand must comply with all relevant employment and immigration law in force in New Zealand.
Principal applicants must meet the minimum standard of English which is band level 5. Any spouse or partner or dependent children aged 16 years and over who are included in the application must also meet this standard, or where policy allows, pre-purchase ESOL tuition. Such tuition can be arranged by Aotearoa Abroad Educational Consultants.
Having reviewed this information, if you believe you qualify for a Long Term Business Visa, you may complete our Visa Eligibility Assessment which will download to us for assessment. Our comprehensive assessment is designed to identify your eligibility for a visa under this category.
Please note, your assessment is performed by skilled and qualified members of our team. Because of the increasing complexity of immigration policy, the time and expertise involved in performing assessments and our legal responsibilities under New Zealand legislation, there is a NZD $100 fee for each assessment. The fee may be paid via PayPal by major credit card. If you do not wish to use PayPal you are welcome to contact us for an alternative mode of payment. To complete an assessment, please go to our Visa Eligibility Assessment
* As per terms and conditions
Executive Program
Large companies need to move senior and specialized personnel to locations when expanding their operations. The Executive program is designed to assist those employers in doing just that as they establish their businesses here in NZ. Our customized immigration services to corporations is well received by INZ.
Each application is administered by our most senior immigration advisor and is closely monitored by our principal.
We will be pleased to provide a confidential assessment of your particular corporate requirements. Contact us.
Note: Your information is confidential to us and will not be provided to any other organization without your written permission.