Are you a NZ employer seeking to recruit an overseas worker?
Migrants seeking immigration advice should be referred to a lawyer or a licensed immigration adviser as regulations are constantly changing.
New Zealand’s Long Term and Immediate Shortage lists changes are taking effect on 27th May 2019. The Regional Skill Shortage List (RSSL), will replace the Immediate Skills Shortage List.
Immigration New Zealand allows New Zealand employers to offer overseas workers employment if their profession is listed on the shortage lists or if they can make a case that no suitable New Zealanders are available or readily able to be trained to the job. This is referred to as the Labour Market Test (Kiwis First rule).
Employers must make a solid case to employ overseas workers in NZ
We understand that employers continue to need trained, experienced workers for hard to fill positions and clients continue to seek job offers for various categories of visa. Some opportunities are opening up in the Canterbury region with the rebuilding, but most employers will still need to “make a case” to employ overseas workers. We can help you make that case. If a work visa is unfairly refused, we can then escalate matters. A win in one case can assist you with your other staff.
If you are an employer recruiting employees living offshore, we can assist also with Approval in Principle to Recruit Overseas Workers or Accredited Employer applications.
Pacific Legal is experienced in this area
We have successfully identified systemic unfairness in how the Labour Market test is applied for Essential Skill work visa holders. We can assist in drafting and reviewing employment agreements to ensure compliance. We can advise on employer verification issues and have overturned a number of unfair verifications. As an employer our review and appeal database is a powerful armory in your support.
We have also challenged a number of unfair ANZSCO gradings and entitlement to visas.
New Zealand employment success stories
Highly valued employee gains visa in health care industry
Our client was working in an aged care hospital. She was a highly valued employee in an understaffed work place. Immigration New Zealand said that the labour market test was unfavourable and no real efforts to recruit locally had been made by the employer. Despite the visa having expired, we sought review and got agreement to protect the client’s status through a complaint. By carefully analyzing the client’s file from Immigration New Zealand and seeking further information from the employer it was shown that the local MSD/WINZ work broker actually supported the employer’s case. Immigration New Zealand had unfairly excluded pertinent information such as on line advertising and other forms of advertising conducted by the employer. The employer had made extensive efforts. Six months further visa was issued. In that time the client got a level four qualification and has a good foundation to re-apply from offshore in future. The care industry remains problematic, especially for very hard to fill roles like this.
Pacific Legal reverses Immigration NZ’s decision over baker
A large supermarket was delighted to find an experienced baker willing to work the unsociable hours required in a hard to fill position. Their chain advertises constantly for local staff. Extension of a work visa was refused based on labour market test results. However during processing of the application, the position was restored in the shortages list so no test was required. Despite the client seeking review, INZ refused to reverse the decision until Pacific Legal Limited lodged a formal complaint. The employer now has their reliable early morning baker back.
Successful challenge keeps highly skilled plasterer
A South American client was highly skilled in restorative plastering using a patented technique and having undertaken internationally recognized training. He was one of only of a handful of licensed persons to do the job. Immigration New Zealand miscategorised him as an unskilled ANZCO category. Pacific Legal Limited successfully challenged this.
Complaint lodged and upheld to keep qualified nurse
A Filipino client was a fully qualified nurse but working in a slightly less skilled role. She was nonetheless greatly valued by her employer. Without local registration, the case was challenging. Through careful file analysis, Pacific Legal Limited found that INZ staff had ignored evidence that she was in a genuine and stable relationship with a New Zealander. This provided an alternate pathway. As her visa has expired, a review was refused. A formal Deputy Chief Executive complaint was lodged by Pacific Legal and upheld.