Work Visa

This article is about Immigration Policy but it is not a description of policy. In our opinion simplified descriptions of policy are dangerous. If you want to know why we think that, read “Why things go wrong”.

A work visa allows entry, for a limited time, with the right to work.

The expiry date of the visa will be clearly marked on it. It is your responsibility to leave

New Zealand

before that date, or to arrange for an extension of time, before that date.

The work you will be allowed to do will be clearly set out on the visa and undertaking any work other than that specified will be treated by Immigration New Zealand as a serious breach of visa conditions.

All of the general comments made in relation to temporary visas in general and visitors visas also apply to work visas but with an important extra layer of complexity. A principle purpose of work visa policy is to protect jobs in New Zealand for New Zealanders. Immigration New Zealand looks to employers to support this objective and im most cases will expect the employer to demonstrate very clearly that the job that is being offered to the offshore applicant cannot be filled by a New Zealander. (working holiday visas are an exception to that rule.) Many New Zealand employers, accustomed to making their own employment decisions, become frustrated when they find themselves dealing with an immigration bureaucracy with which they are unfamiliar. Immigration New Zealand has to deal on a daily basis with fraud, deception and exploitation such as false job offers been given in return for cash or other inducements and this can lead to “verification” processes that are designed to catch offenders but which drive honest employers crazy.

If an employer is genuinely forced to look to offshore applicants to fill a vacancy because of an absence of local applicants, he is probably facing a reasonably serious staffing problem and should take advice from a licensed adviser. The fees involved in fixing the immigration issues efficiently are likely to be less than those charged by typical recruitment agents.
Employers should note that the Immigration test is that a New Zealander should genuinely be unavailable to fill the job for which a work permit is sought; not that the overseas applicant is “preferred”, “works harder” or has “better qualifications”. In brief, the policy is about employer need; not employer preference.

Malcolm Pacific has produced a “Employers “Do it yourself” CD ROM” to help bosses solve many simple workplace immigration related problems. It has been widely distributed through seminars held in conjunction with Employer Groups, and is available free, on request. Just ask one of our Licensed Advisers.

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