How can I prove there are no New Zealander’s available for my job?

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Rita Worner,  immigration and employment law specialist at Queen City Law, has completed a new blog on “How can I prove there are no New Zealander’s available for my job?”.QCL-MEDIA-final_4804-rita

To read the full article as a pdf click here. Rita is passionate about human rights and previously worked for the NZ Government established Immigration Adviser’s Authority. To read more about Rita click here.

We often see news stories such as this one, where the local community is rallying around a well-loved migrant when their visa has been declined. (Like this article in the NZ Herald by reporter Natalie Akoorie Preschool upset male teacher has to leave NZ )

While we empathise with those we read about, it is clear that there is a lack of understanding of immigration policies and procedures. If you don’t want to find yourself in the same position, it pays to obtain professional advice to ensure you know what you need to do when applying for your next visa.

Many people speak of “renewing their work visa”. This can be misleading, because technically there is no such thing as a visa renewal in New Zealand. Each time you apply for a visa you are applying from scratch, which means all the requirements need to be met every time.

This means that if you are applying under the Essential Skills category, your employer needs to satisfy the “labour market test”. Each and every time you apply for a visa under this category, your employer should have proof that they have advertised the position locally and have been unable to find a suitable New Zealand candidate. It is not enough to say that your employer advertised the position when you applied for your first work visa. The labour market is constantly changing and Immigration New Zealand (INZ) needs to be sure that New Zealander’s are not displaced from employment opportunities, nor are the wages and conditions of New Zealand workers undermined.

The more skilled the position is, the easier it usually is to prove that there are no New Zealander’s available. If the position is fairly low skilled, you may need to prepare strong arguments as to why no New Zealander’s are considered suitable. While an employee may be highly regarded by their employer, this factor is not considered relevant by INZ.

If you or your employee has had their work visa application declined and you believe there are no suitable New Zealand candidates for the position, we may be able to help you ensure you have properly complied with and satisfied the labour market test.

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