1. What is the purpose of the Essential Skills Work Visa in New Zealand?
The purpose of the Essential Skills Work Visa in New Zealand is to allow skilled workers from overseas to come and work in New Zealand temporarily when employers are unable to find suitably qualified New Zealanders to fill the roles. This visa is aimed at filling genuine skill shortages in the labor market and promoting economic growth in New Zealand by providing access to workers with in-demand skills that are not readily available domestically. The Essential Skills Work Visa allows workers to stay and work in New Zealand for a specified period, during which they can contribute their expertise to the local workforce and potentially apply for permanent residency in the future.
2. Who is eligible to apply for the Essential Skills Work Visa?
To be eligible to apply for the Essential Skills Work Visa in New Zealand, individuals must meet certain criteria:
1. They must have a valid offer of employment in New Zealand.
2. The job offer must be for full-time work in an occupation that is considered skilled and is included on the Essential Skills in Demand List.
3. The applicant must have the necessary qualifications and/or experience to perform the job they have been offered.
4. They must meet health and character requirements.
5. The employment must meet minimum remuneration requirements.
6. The employer must demonstrate that there are no suitable New Zealand citizens or residents available to fill the position.
If an individual meets these requirements, they may be eligible to apply for the Essential Skills Work Visa in New Zealand.
3. What are the requirements for obtaining an Essential Skills Work Visa?
To obtain an Essential Skills Work Visa in New Zealand, there are several requirements that applicants must meet:
1. Job offer: Applicants must have a genuine job offer from a New Zealand employer that demonstrates a genuine need for their skills and experience.
2. Skills and qualifications: Applicants must possess the skills and qualifications necessary to perform the job they have been offered.
3. Remuneration: The remuneration offered must meet or exceed the minimum wage requirements set by the New Zealand government.
4. Labour market test: Employers are generally required to show that they have attempted to recruit New Zealand citizens or residents for the position before offering it to a foreign national.
5. Health and character requirements: Applicants must meet health and character requirements as set by Immigration New Zealand.
6. Immigration instructions: Applicants must meet all other relevant immigration instructions and requirements for the visa category.
It is important for applicants to carefully review and meet all of these requirements to ensure a successful application for an Essential Skills Work Visa in New Zealand.
4. How long is the Essential Skills Work Visa valid for?
The Essential Skills Work Visa for New Zealand is typically granted for a period of up to 3 years. However, the exact duration of the visa can vary depending on factors such as the length of the job offer and the skill level of the position. After the initial visa period, it may be possible to apply for an extension if the job and visa criteria are still met. It is essential to adhere to New Zealand immigration regulations and keep track of the visa expiry date to ensure compliance with the visa conditions.
5. What is the process for applying for an Essential Skills Work Visa?
The process for applying for an Essential Skills Work Visa in New Zealand involves several steps:
1. Job Offer: The first step is securing a job offer from a New Zealand employer who is willing to support your visa application.
2. Assessment: The employer needs to prove that there are no suitable New Zealand citizens or residents available for the job by conducting a Labour Market Test.
3. Application Submission: Once the job offer is confirmed, the employer can support your visa application by submitting an Employer Supplementary Form online to Immigration New Zealand.
4. Applicant Submission: As the applicant, you need to fill out Form INZ 1015 for the Essential Skills Work Visa and submit it along with all required supporting documents, including your passport, proof of qualifications, and evidence of English proficiency.
5. Decision: Immigration New Zealand will review your application and make a decision. If approved in principle, you may be granted a work visa to take up the job offer in New Zealand.
It is important to note that the process may vary depending on individual circumstances, and it is recommended to seek professional advice or assistance to ensure a smooth application process.
6. Can I include my family members in my Essential Skills Work Visa application?
Yes, you can include your family members in your Essential Skills Work Visa application. When applying for this type of visa in New Zealand, you have the option to include your partner and dependent children under 19 years old as accompanying family members. In order to do so, you need to provide detailed information about each family member in your visa application. It is important to note that each family member included in the application must meet the relevant visa requirements and provide the necessary documentation to support their application. Additionally, they will also need to meet any health and character requirements set by Immigration New Zealand. Including your family members in your application allows them to join you in New Zealand while you work under the Essential Skills Work Visa.
7. Is there a minimum salary requirement for the Essential Skills Work Visa?
Yes, there is a minimum salary requirement for the Essential Skills Work Visa in New Zealand. The salary threshold is indexed to the median wage and is currently set at NZD $27 per hour (or around NZD $55,920 per year for a standard 40-hour work week). It is important to note that this minimum salary requirement may vary depending on the skill level of the job being offered. Additionally, certain occupations may have higher salary thresholds, especially for those classified as mid-skilled or higher. Applicants must meet or exceed the minimum salary threshold to be eligible for the Essential Skills Work Visa.
8. Do I need a job offer to apply for the Essential Skills Work Visa?
Yes, you need a job offer to apply for the Essential Skills Work Visa in New Zealand. The visa is designed for individuals who have a genuine offer of employment in New Zealand and is based on the principle that there are no New Zealand citizens or residents available to do the work being offered. To apply, you must meet certain criteria, including having the necessary skills and qualifications for the job, meeting health and character requirements, and being able to demonstrate that your employment is in line with New Zealand employment law. Additionally, your employer must also meet certain obligations, such as providing evidence that the job offer is genuine and ensuring that the terms and conditions of employment are met.
9. Can I change jobs while holding an Essential Skills Work Visa?
Yes, you can change jobs while holding an Essential Skills Work Visa in New Zealand. However, there are certain conditions and restrictions that you need to be aware of:
1. You must inform Immigration New Zealand about the job change by updating your employment details with them.
2. Your new job must also meet the requirements of the Essential Skills Work Visa category, including being in an occupation that aligns with the skill level and pay rate specified in your visa.
3. If there are significant changes in your new job compared to the one specified in your original visa application, you may need to apply for a variation of conditions or a new visa.
4. It is important to ensure that you continue to comply with all the conditions of your visa, such as maintaining employment in an eligible occupation and earning at least the specified wage rate.
Overall, changing jobs while holding an Essential Skills Work Visa is possible, but it is essential to follow the correct procedure and ensure that the new job meets the necessary criteria to avoid any potential issues with your visa status.
10. What are the obligations of an employer sponsoring a worker on an Essential Skills Work Visa?
1. An employer sponsoring a worker on an Essential Skills Work Visa in New Zealand has several obligations that they must fulfill. These include providing the employee with a written employment agreement that meets New Zealand employment law requirements.
2. The employer must also ensure that the terms and conditions of the employment agreement are met during the worker’s employment, including paying the worker at least the New Zealand minimum wage and providing suitable working conditions.
3. Additionally, the employer sponsoring a worker on an Essential Skills Work Visa must record and maintain accurate employment records for the duration of the worker’s employment.
4. They must also notify Immigration New Zealand if there are any changes to the worker’s employment, such as changes to their job title, location, or remuneration.
5. The employer must also cooperate with Immigration New Zealand during any compliance checks or investigations related to the worker’s visa status.
6. Failure to meet these obligations can result in penalties for the employer, including fines and potentially being banned from sponsoring workers on Essential Skills Work Visas in the future.
11. Can I extend my Essential Skills Work Visa beyond the initial period?
Yes, it is possible to extend your Essential Skills Work Visa in New Zealand beyond the initial period, provided that you continue to meet all the visa requirements and your job remains on the Essential Skills in Demand Lists. The extension of the visa is subject to approval by Immigration New Zealand. To extend your visa, you will need to submit a new application before your current visa expires. Additionally, you must provide updated documents such as a job offer from an employer in New Zealand, evidence of your continued employment, and proof that there are no New Zealand citizens or residents available to fill your position. It is advisable to start the extension process well in advance to ensure a smooth transition and avoid any gaps in your visa status.
12. Is there a quota or limit on the number of Essential Skills Work Visas issued?
Yes, New Zealand does have quotas or limits on the number of Essential Skills Work Visas that are issued. The government sets these limits based on various factors such as the country’s economic needs, labor market conditions, and overall immigration policies. The quota system helps to manage the flow of foreign workers into the country and ensures that there is not an oversupply of workers in specific industries or regions. These quotas can vary from year to year and may also be adjusted based on changing circumstances. It is important for employers and applicants to be aware of these limits when applying for an Essential Skills Work Visa to avoid any delays or complications in the application process.
13. Are there any specific industries or occupations that are prioritized for Essential Skills Work Visas?
Yes, in New Zealand, specific industries and occupations are prioritized for Essential Skills Work Visas. These priorities are determined based on the country’s skill shortages and labor market demands. Some industries and occupations that are typically prioritized include healthcare, construction, engineering, IT, education, and agriculture. Additionally, roles that are considered essential for the country’s economic growth and development are also given priority for Essential Skills Work Visas. It is important for applicants to ensure that their skills and qualifications align with the needs of these prioritized industries to increase their chances of obtaining a work visa for New Zealand.
14. Can I apply for residency in New Zealand with an Essential Skills Work Visa?
You cannot apply for residency in New Zealand directly with an Essential Skills Work Visa. However, holding an Essential Skills Work Visa can potentially pave the way for residency in New Zealand through pathways such as the Skilled Migrant Category or the Long Term Skill Shortage List. To be eligible for residency under these categories, you would typically need to meet certain criteria, including attaining a certain level of points based on factors such as age, work experience, qualifications, and job offer in a skill shortage area in New Zealand. It is important to carefully review the specific requirements for the residency category you are interested in and seek guidance from immigration advisors for personalized advice on your situation.
15. What are the medical and health requirements for an Essential Skills Work Visa?
For an Essential Skills Work Visa application in New Zealand, there are medical and health requirements that applicants need to meet. These requirements are in place to ensure that individuals entering New Zealand on a work visa are in good health and will not pose a risk to public health in the country.
1. Medical Examination: Applicants may be required to undergo a medical examination conducted by an approved panel physician to assess their overall health status. This examination typically includes a physical examination, chest X-ray, and blood tests to check for any communicable diseases.
2. Health and Character Declaration: Applicants are usually required to declare their health status and provide information about any medical conditions they may have. It is important to be honest in this declaration as withholding information can lead to visa rejection.
3. Health Insurance: It is recommended that applicants have suitable health insurance cover for the duration of their stay in New Zealand. This is to ensure that they can access necessary healthcare services without facing financial hardship.
4. HIV/AIDS Entry Restrictions: New Zealand has specific entry restrictions for individuals who are HIV positive. In most cases, individuals with HIV/AIDS are not eligible for an Essential Skills Work Visa unless they meet certain criteria and obtain a medical waiver.
5. Medical and Health Checks for Dependents: In some cases, dependents of the visa applicant may also be required to undergo medical examinations and provide health declarations to ensure they meet the health requirements for the visa.
Overall, it is important for applicants to carefully review and comply with the medical and health requirements set by Immigration New Zealand to increase their chances of obtaining an Essential Skills Work Visa. Failure to meet these requirements can result in delays or denials in the visa application process.
16. Can I study while on an Essential Skills Work Visa in New Zealand?
Yes, you can study while on an Essential Skills Work Visa in New Zealand under certain conditions:
1. Work visa holders can pursue part-time study for up to 20 hours a week without needing to apply for a separate student visa.
2. If you wish to study full-time or undertake a course that exceeds the 20-hour limit, you will need to apply for a student visa to engage in full-time studies.
3. It is essential to ensure that your primary purpose in New Zealand remains work-related as per the conditions of your work visa. Balancing work and study commitments is crucial to comply with visa regulations.
4. Make sure to check with the New Zealand Immigration authorities or a visa advisor to confirm any specific requirements or restrictions based on your individual circumstances.
17. Will I need to provide biometrics as part of the visa application process?
Yes, you may need to provide biometrics as part of the visa application process for a New Zealand Essential Skills Work Visa (Approved in Principle). Biometrics include fingerprints and photographs and are collected to confirm your identity. The Immigration New Zealand website provides detailed information on who needs to provide biometrics. Generally, if you are applying from outside of New Zealand and are from a country where biometrics are required, you will need to provide them as part of your application. It is important to check the current requirements on the Immigration New Zealand website to ensure you provide all necessary information and documents for your visa application.
18. What are the implications of a visa application being rejected or declined?
The implications of a visa application being rejected or declined can have serious consequences for the applicant:
1. Legal Consequences: A rejected or declined visa application may lead to the applicant having to leave the country if their current visa has expired or if they were on a visitor visa at the time of application.
2. Financial Loss: Applicants have to pay a fee for a visa application, which is non-refundable even if the application is declined.
3. Impact on Future Applications: Rejection or decline of a visa application can impact future visa applications. It may affect the credibility of the applicant and result in further scrutiny by immigration authorities.
4. Disruption of Plans: If the visa was required for employment or study purposes, a rejection can disrupt the applicant’s plans and cause inconvenience.
5. Emotional Stress: Being denied a visa can be emotionally distressing for the applicant, especially if the decision affects their future prospects or plans.
Overall, it is crucial for applicants to ensure they meet all the requirements and provide accurate and complete information to avoid the implications of a rejected or declined visa application.
19. Can I appeal a decision on my Essential Skills Work Visa application?
1. Yes, you can appeal a decision on your Essential Skills Work Visa application in New Zealand. If your visa application is declined, you will typically receive a letter outlining the reasons for the decision. You have the option to appeal this decision to the Immigration and Protection Tribunal (IPT) within a specified time frame.
2. When appealing to the IPT, it is essential to provide any additional information or evidence that may support your case. The tribunal will review your application and consider any new information before making a determination on your visa status. It is important to adhere to the guidelines and deadlines set by the IPT to ensure your appeal is considered.
3. Seeking the assistance of an immigration advisor or lawyer who is familiar with New Zealand immigration laws and processes can be beneficial when appealing a visa decision. They can provide guidance on the appeal process, help gather necessary documentation, and represent you effectively before the IPT.
4. Keep in mind that the appeal process can be complex and time-consuming, so it is crucial to act promptly and diligently to maximize your chances of a successful outcome.
20. Are there any additional considerations or tips for a successful Essential Skills Work Visa application?
When applying for a New Zealand Essential Skills Work Visa, there are several additional considerations and tips to enhance the success of your application:
1. Provide detailed and accurate information: Ensure all the information provided in your application is correct and supported by relevant documentation.
2. Meet the visa requirements: Make sure you meet all the eligibility criteria for the Essential Skills Work Visa, including having a job offer from a New Zealand employer and meeting the skill level required for the position.
3. Submit a well-prepared job offer: Ensure that the job offer you present with your application clearly outlines key details such as the position, duties, salary, and contract length.
4. Include a strong cover letter: A well-written cover letter explaining your skills, experience, and reasons for wanting to work in New Zealand can strengthen your application.
5. Provide evidence of qualifications and experience: Submit all necessary documents, such as educational certificates, work experience letters, and professional certifications, to support your application.
6. Complete medical and character requirements: Undertake any required medical examinations and provide police clearance certificates from any country where you have lived for 12 months or more in the past 10 years.
7. Seek professional advice if needed: If you are unsure about any aspect of the visa application process, consider seeking assistance from a licensed immigration advisor or lawyer to guide you through the process.
By following these tips and ensuring your application is thorough and complete, you can increase the chances of a successful outcome for your Essential Skills Work Visa application.