Can I get Residence if I work for a Labour Hire Company or Agency?

If you are a skilled migrant worker, then there are various pathways to secure a residence visa. I will go through the Skilled Migrant Category pathway and the issues that may arise if you apply for Residence through a Labour Hire Company or an Agency.

SKILLED MIGRANT CATEGORY

To qualify, you need to determine if you can claim at least 160 points. We anticipate that Immigration NZ will make significant changes in this category. Currently, Immigration NZ is not inviting anyone to apply from the expression of interest. Immigration NZ has put this on hold until further notice.

However, if you have submitted a residence visa application already then, please be aware that Immigration NZ may have the following concerns:

Skilled Employment       

Labour hire companies will supply you to their clients, and, commonly, you are supplied to do work that may not be consistent with your work visa, which creates a significant issue. For example, if you hold a work visa as a carpenter and then are supplied to a client where you are doing labour work or a non-skilled job, then Immigration NZ will not give you the points for your skilled employment, which could result in a decline.

Please refer HERE for an example.

In the above example, the Applicant claimed skilled employment as a Glazier. However, he was being supplied to an employer where his job was a joiner/factory worker. Therefore, the application was declined, and the Tribunal upheld Immigration NZ’s decision.

Another potential issue is if the labour-hire company is unable to supply you to an employer. During this period, INZ will not accept this as skilled employment even though you are paid your guaranteed hours as you are not working, which leads to the next issue.

Ongoing and Sustainable Employment

For your job to be recognised by Immigration NZ, you must have a job offer or skilled employment that is ongoing and sustainable. Labour-hire recruitment agency supplies you to an employer for a particular term or period. The employer that you are being supplied to may terminate their contract at any given time. Therefore, if you are being supplied to an employer where the supply contract is for a short term of less than 12 months, then Immigration NZ may have issues about whether your employment is ongoing and sustainable.

Summary

If your employer is a labour-hire recruitment agency, it is more difficult to qualify under the Skilled Migrant Category. You need to ensure that:

  1. That job that you are doing must be consistent with your work visa conditions; and
  2. You should be supplied to an Employer with a lengthy contract.

We are only a phone call or email away

Marcus Beveridge: 0274 877 332 | marcus@queencitylaw.co.nz

Bradley So: 021 135 3364 | bradley@queencitylaw.co.nz

Tom Huang 022 323 3171 | tom@queencitylaw.co.nz