Application for New Zealand Recognised Seasonal Employer (RSE) Scheme Visa (Form INZ 1189) for New Zealand

1. What is the purpose of the Recognised Seasonal Employer (RSE) Scheme Visa in New Zealand?

The purpose of the Recognised Seasonal Employer (RSE) Scheme Visa in New Zealand is to address seasonal labor shortages in the horticulture and viticulture industries. This visa allows employers in New Zealand to recruit foreign workers from specific Pacific Island countries for a set period to assist with tasks such as fruit picking, pruning, and other seasonal agricultural work that may be difficult to fill with domestic workers. By facilitating the entry of seasonal workers, the RSE scheme aims to support the sustainability and growth of the horticulture and viticulture sectors in New Zealand, while also providing economic opportunities for workers from Pacific Island countries.

2. Who is eligible to apply for the RSE Scheme Visa?

1. Eligibility for the New Zealand Recognised Seasonal Employer (RSE) Scheme Visa, as outlined in Form INZ 1189, is typically extended to individuals from Pacific Island countries and Timor-Leste. These individuals should be recruited by a New Zealand Recognised Seasonal Employer (RSE) and have a genuine intention to work in New Zealand temporarily for seasonal work purposes. Additionally, applicants must meet the health and character requirements set by Immigration New Zealand. It’s crucial that candidates possess the necessary skills and experience required for the specific job they are applying for under the RSE scheme. Lastly, applicants should have a valid job offer from an approved New Zealand employer participating in the scheme.

2. Applicants must also meet specific criteria related to their age, financial stability, language proficiency, and compliance with New Zealand immigration laws and regulations. Additionally, potential visa holders should be able to demonstrate ties to their home country, ensuring that they will return upon the completion of their seasonal work in New Zealand. Furthermore, individuals with a history of compliance with previous visa conditions and a clean immigration record are more likely to meet the eligibility requirements for the RSE Scheme Visa.

3. What are the requirements for employers under the RSE Scheme Visa?

Employers seeking to participate in the Recognised Seasonal Employer (RSE) Scheme Visa in New Zealand must meet several requirements:

1. Employers must be registered and comply with all legal obligations under New Zealand employment and immigration law.
2. They must provide suitable accommodation for seasonal workers that meets New Zealand health and safety standards.
3. Employers must ensure that the work environment is safe and healthy for workers, adhering to all relevant regulations.
4. They must be able to demonstrate a genuine need for seasonal workers and provide evidence of efforts to recruit New Zealand workers first.
5. Employers must commit to paying seasonal workers at least the minimum wage and provide them with employment contracts outlining the terms and conditions of their employment.
6. They must also meet any additional requirements set out by the Ministry of Business, Innovation, and Employment to participate in the RSE Scheme Visa program.

By fulfilling these requirements, employers can participate in the RSE Scheme Visa program and benefit from access to a reliable workforce for seasonal agricultural work in New Zealand.

4. What are the specific conditions of the RSE Scheme Visa?

The specific conditions of the New Zealand Recognised Seasonal Employer (RSE) Scheme Visa include:

1. Employment: Holders of this visa are allowed to work for an approved New Zealand Recognised Seasonal Employer (RSE) Scheme employer only.

2. Seasonal Work: The visa holder must engage in seasonal work related to the horticulture or viticulture industries as determined by the RSE employer.

3. Duration: The visa is typically granted for a specific period, usually up to 7 months, depending on the specific employment contract.

4. Health and Character Requirements: Applicants must meet certain health and character requirements to be eligible for this visa.

5. Repatriation: Visa holders must agree to depart New Zealand at the end of their visa unless they apply for and are granted another visa or residency.

6. Accommodation and Transport: Employers are responsible for providing suitable accommodation and transport to and from work for RSE Scheme Visa holders.

7. Insurance: Visa holders are required to have comprehensive travel and medical insurance for the duration of their stay in New Zealand.

These conditions are put in place to ensure that the RSE Scheme Visa holders are employed in a safe environment, contribute to the New Zealand economy, and comply with immigration regulations.

5. How long is the RSE Scheme Visa valid for?

The RSE Scheme Visa for New Zealand is typically valid for the duration of the seasonal work period agreed upon between the employer and the employee. This can vary depending on the specific agreement and job contract. Usually, the visa is granted for a period of up to 7 months, allowing seasonal workers to participate in the recognized seasonal employer scheme and work in New Zealand’s horticulture and viticulture industries. It is important for visa holders to comply with the terms and conditions of their visa and to return to their home country upon the expiration of their visa validity to avoid any potential immigration issues.

6. Can the RSE Scheme Visa be extended?

Yes, the Recognised Seasonal Employer (RSE) Scheme Visa can be extended. When a Recognised Seasonal Employer has a continuing need for workers beyond the original visa period, they can apply to Immigration New Zealand for an extension of the RSE Scheme Visa for their existing workers. Extensions are granted on a case-by-case basis, taking into consideration factors such as the ongoing need for the worker, compliance with visa conditions, and any changes in the circumstances of the employer or employee. It is important for the employer and employee to provide all necessary documentation and information to support the extension application to increase the chances of a successful outcome.

7. What is the application process for the RSE Scheme Visa?

The application process for the New Zealand Recognised Seasonal Employer (RSE) Scheme Visa involves several steps:

1. Eligibility Check: Ensure you meet the eligibility criteria, such as being from a participating country, being at least 18 years old, having relevant experience or skills, and passing health and character requirements.

2. Employer Selection: Find an approved employer in the horticulture or viticulture industry who is part of the RSE scheme and willing to offer you a job.

3. Job Offer and Contract: Obtain a formal job offer from the employer detailing the terms of employment, including duration, pay, and working conditions. Sign a work agreement with the employer.

4. Application Submission: Complete the application form (INZ 1189) accurately and submit it along with required documents, such as a valid passport, job offer, proof of funds, and medical certificates. Pay the application fee.

5. Health and Character Checks: Undergo medical examinations and provide evidence of good character by obtaining police certificates from all countries resided in for 12 months or more in the last 10 years.

6. Visa Processing: Wait for your application to be processed. This can take several weeks to months, depending on various factors.

7. Visa Decision: Once a decision is made, you will be notified of the outcome. If approved, you will receive your RSE Scheme Visa, allowing you to work in New Zealand for the specified period under the conditions outlined in the visa.

It is essential to follow the application process diligently and provide all required information to increase your chances of a successful RSE Scheme Visa application.

8. What documents are required to support the RSE Scheme Visa application?

When applying for the Recognised Seasonal Employer (RSE) Scheme Visa in New Zealand, several important documents are required to support your application. These documents typically include:

1. A valid passport: You will need to provide a clear copy of your passport that is valid for the duration of your stay in New Zealand.

2. Offer of employment: You must have a valid job offer from a New Zealand employer under the Recognised Seasonal Employer (RSE) Scheme.

3. Employment contract: A signed employment contract detailing the terms and conditions of your employment in New Zealand.

4. Medical and travel insurance: Proof of comprehensive medical and travel insurance to cover your stay in New Zealand.

5. Police clearance certificate: A police certificate from your home country or any country you have lived in for more than 12 months in the past 10 years.

6. Proof of funds: Evidence that you have enough money to support yourself during your stay in New Zealand.

7. Health and character requirements: You may need to undergo medical examinations and provide evidence of good character as part of the visa application process.

8. Any additional supporting documents: Depending on your individual circumstances, you may be required to provide additional documents to support your visa application, such as proof of employment history or qualifications.

It is important to ensure that all documents are accurate, up-to-date, and in the required format to increase your chances of a successful RSE Scheme Visa application.

9. Are there any English language proficiency requirements for the RSE Scheme Visa?

Yes, applicants for the Recognised Seasonal Employer (RSE) Scheme Visa are required to meet certain English language proficiency requirements. The New Zealand government typically requires RSE workers to have a specific level of English language proficiency to ensure effective communication and integration into the work environment during their stay in New Zealand. In most cases, applicants may need to demonstrate their English language proficiency by providing evidence of passing an English language test, such as the International English Language Testing System (IELTS) or an equivalent test. Meeting the English language requirements is important for both the safety of the workers and the productivity of the workplace.

10. What is the health and character requirement for the RSE Scheme Visa?

1. Health Requirement: Applicants for the New Zealand Recognised Seasonal Employer (RSE) Scheme Visa must meet certain health requirements to be granted the visa. This includes undergoing a medical examination by an approved panel physician to assess whether the applicant has any medical conditions that could pose a risk to public health or safety, or could place excessive demand on New Zealand’s health services. Applicants are also required to have a chest x-ray and, in some cases, provide a medical certificate stating that they are free from infectious tuberculosis.

2. Character Requirement: In addition to the health requirement, applicants for the RSE Scheme Visa must also meet certain character requirements. This includes providing police certificates from all countries where they have lived for 12 months or more in the past 10 years, to demonstrate that they are of good character and do not have any criminal convictions that would make them ineligible for the visa. Applicants with a history of criminal convictions may not meet the character requirements and could be refused the visa.

Overall, meeting the health and character requirements is essential for applicants to be granted the New Zealand Recognised Seasonal Employer (RSE) Scheme Visa. Failure to meet these requirements may result in the visa application being declined.

11. Can family members accompany the RSE Scheme Visa holder to New Zealand?

Yes, family members of Recognised Seasonal Employer (RSE) Scheme Visa holders can accompany them to New Zealand under specific conditions.

1. Immediate family members (such as a partner and dependent children) can apply for visas to join the RSE scheme worker in New Zealand.
2. Family members need to meet certain visa requirements, including health and character requirements, as well as proving their relationship to the RSE scheme worker.
3. They may also need to provide evidence of sufficient funds to support themselves during their stay in New Zealand.
4. It is essential for the RSE scheme worker to ensure they meet all necessary obligations and provide accurate information for their family members’ visa applications to be successful.
5. Once approved, family members can accompany the RSE scheme visa holder to New Zealand and may be able to work or study, depending on the terms of their visa.

12. What is the accommodation requirement for RSE Scheme Visa holders?

The accommodation requirement for RSE Scheme Visa holders in New Zealand is that their accommodation must meet certain standards to ensure their well-being and safety during their stay in the country. This includes:

1. Providing a safe, secure, and hygienic living environment.
2. Ensuring that the accommodation has essential amenities such as heating, electricity, and hot water.
3. Accommodation should be in close proximity to their place of work to minimize travel time and expenses.
4. RSE Scheme Visa holders should have access to cooking facilities or meals provided.
5. Adequate space and privacy should be provided for each individual or group of workers.
6. Accommodation must comply with New Zealand health and safety regulations.

It is essential for employers participating in the RSE Scheme to meet these accommodation requirements to fulfill their obligations towards the well-being of their seasonal workers. Failure to comply with these standards may result in penalties and could jeopardize the employer’s participation in the scheme.

13. Is there a minimum wage requirement for RSE Scheme Visa holders?

Yes, there is a minimum wage requirement for Recognised Seasonal Employer (RSE) Scheme Visa holders in New Zealand. As of April 1, 2021, the minimum wage for RSE scheme workers is NZD 22.10 per hour. This wage rate applies to all RSE workers, ensuring that they receive fair remuneration for their work in the horticulture and viticulture sector. The minimum wage requirement aims to protect the rights of temporary workers and ensure that they are compensated appropriately for their contributions to the New Zealand economy. It is important for employers to comply with this minimum wage requirement to uphold fair labor practices and provide a decent standard of living for RSE scheme workers during their stay in New Zealand.

14. Are there any specific job categories covered under the RSE Scheme Visa?

Yes, under the New Zealand Recognised Seasonal Employer (RSE) Scheme Visa, there are specific job categories that are covered. These job categories include, but are not limited to:

1. Horticulture – such as fruit picking, pruning, and packing.
2. Viticulture – including grape harvesting and vineyard work.
3. Agriculture – involving tasks like planting, weeding, and harvesting crops.
4. Forestry – which may include activities like tree planting, maintenance, and logging.

These job categories are designed to meet the seasonal labor demands in New Zealand’s primary industries and provide employment opportunities for workers from overseas under the RSE Scheme Visa.

15. What is the approved employer status and how does it impact the RSE Scheme Visa application?

The approved employer status is a key requirement for businesses wishing to participate in the Recognised Seasonal Employer (RSE) Scheme in New Zealand. To obtain approved employer status, an employer must meet certain criteria set by Immigration New Zealand (INZ), including demonstrating a history of compliance with New Zealand employment and immigration laws, providing suitable accommodation and pastoral care for RSE workers, and participating in the RSE Scheme in good faith.

Having approved employer status impacts the RSE Scheme Visa application in several ways:

1. Eligibility: Firstly, only workers employed by approved employers are eligible to apply for the RSE Scheme Visa. This means that without an approved employer, an individual cannot participate in the RSE Scheme and apply for the associated visa.

2. Work opportunities: Approved employers are able to hire seasonal workers from overseas to meet their seasonal labour needs in sectors such as horticulture and viticulture. This provides opportunities for workers from Pacific countries to come to New Zealand for seasonal work under the RSE Scheme.

3. Compliance: Being an approved employer requires complying with specific obligations regarding the employment and welfare of RSE workers. Failure to meet these obligations can result in the revocation of approved employer status and exclusion from the RSE Scheme.

In conclusion, approved employer status is a crucial aspect of the RSE Scheme Visa application process, as it determines the eligibility of both employers and workers to participate in the scheme while ensuring compliance with New Zealand regulations and standards.

16. Are there any exceptions or special provisions for certain countries under the RSE Scheme Visa?

Yes, there are exceptions and special provisions for certain countries under the Recognised Seasonal Employer (RSE) Scheme Visa in New Zealand. These exceptions are primarily based on bilateral agreements between New Zealand and specific countries participating in the RSE scheme.

1. Some countries may have specific quotas allocated for their nationals under the RSE scheme, allowing for a certain number of seasonal workers to apply for visas annually.

2. Additionally, certain countries may have different requirements or processes in place for their citizens wishing to participate in the RSE scheme, such as language proficiency tests or specific training programs.

3. It is important for applicants to check with their respective country’s government or the Immigration New Zealand website to find out if there are any exceptions or special provisions applicable to them before applying for the RSE scheme visa.

17. What are the potential reasons for a visa application under the RSE Scheme to be declined?

There are several potential reasons for a visa application under the Recognised Seasonal Employer (RSE) Scheme to be declined:

1. Incomplete or inaccurate information provided on the application form.
2. Failure to meet the specific eligibility criteria set out by Immigration New Zealand for the RSE Scheme.
3. Lack of evidence to demonstrate ties to the home country, such as strong family or financial commitments, that would indicate an intention to return home after the work period in New Zealand.
4. Previous immigration or criminal issues that may raise concerns about the applicant’s character or eligibility for the visa.
5. Inability to provide sufficient documentation to prove the applicant’s suitability for participation in the RSE Scheme, such as relevant work experience or certifications.
6. Issues related to health or character requirements, such as previous criminal convictions or serious health conditions that may pose a risk to public health or safety.
7. Failure to demonstrate an understanding of the conditions of the visa and the responsibilities that come with participating in the RSE Scheme.

18. What are the rights and responsibilities of RSE Scheme Visa holders in New Zealand?

RSE Scheme Visa holders in New Zealand have both rights and responsibilities that they must adhere to during their stay in the country.

Rights:
1. The right to work for an approved RSE employer in the horticulture or viticulture industries for the duration of their visa.
2. The right to fair and equal treatment in the workplace, including receiving the appropriate wages and working conditions as per the employment agreement.
3. The right to access healthcare services in New Zealand, including emergency medical treatment.
4. The right to join unions and seek assistance in case of any issues or disputes with their employer.
5. The right to participate in cultural and social activities within the community.

Responsibilities:
1. Upholding the conditions of their visa, including working only for the approved RSE employer and in the specified industry.
2. Following all New Zealand laws and regulations during their stay, including respecting local customs and traditions.
3. Adhering to workplace health and safety guidelines to ensure their well-being and that of their colleagues.
4. Maintaining a valid passport and visa status throughout their stay in New Zealand.
5. Respecting the environment and local communities they are living and working in.

It is important for RSE Scheme Visa holders to be aware of both their rights and responsibilities to have a successful and fulfilling experience in New Zealand under the program.

19. Can RSE Scheme Visa holders apply for permanent residency in New Zealand?

Yes, Recognised Seasonal Employer (RSE) Scheme Visa holders are eligible to apply for permanent residency in New Zealand under certain conditions. The RSE visa is a temporary work visa that allows workers to come to New Zealand for seasonal work in the horticulture and viticulture industries. To be eligible for permanent residency, RSE Scheme Visa holders need to meet the criteria set by Immigration New Zealand (INZ) which includes, but is not limited to:

1. Meeting the required period of residency in New Zealand.
2. Showing a commitment to New Zealand through work, community involvement, or other means.
3. Demonstrating good character and health.
4. Meeting English language proficiency requirements.
5. Meeting specific skill and experience criteria.

It is essential for RSE Scheme Visa holders seeking permanent residency to consult with an immigration advisor or lawyer to understand their individual eligibility and requirements for applying for residency in New Zealand.

20. Are there any support services available for RSE Scheme Visa holders in New Zealand?

Yes, there are support services available for RSE Scheme Visa holders in New Zealand to help them settle in the country and navigate their employment and living conditions effectively. Some of these support services include:

1. Pre-departure orientation: Many RSE workers receive information and guidance before they depart for New Zealand, which can help them understand what to expect upon arrival.

2. On-arrival support: Upon reaching New Zealand, visa holders may receive assistance with settling in, such as orientation programs, cultural awareness training, and language assistance.

3. Employment support: RSE workers may receive help with employment-related issues, such as understanding their rights, resolving workplace disputes, and accessing training opportunities.

4. Accommodation assistance: Some RSE employers provide or facilitate accommodation for their workers, ensuring they have a safe and comfortable place to live during their stay in New Zealand.

5. Healthcare services: RSE workers are typically entitled to access healthcare services in New Zealand, and support services may help them understand how to access medical care when needed.

Overall, these support services aim to assist RSE Scheme Visa holders in acclimating to life in New Zealand and ensuring their well-being during their stay.