1. What is the purpose of the Specific Purpose Work Visa (Employer Assisted) in New Zealand?
The purpose of the Specific Purpose Work Visa (Employer Assisted) in New Zealand is to allow foreign individuals to work in New Zealand for a specific purpose, which is supported by an employer. This visa category is designed for individuals who have a job offer from a New Zealand employer for a specific role or project that requires their skills and expertise. It enables employers to hire foreign workers when there are no suitable New Zealanders available for the position. The visa is usually granted for a specific duration that aligns with the period of the specific work or project. This visa category helps facilitate temporary employment opportunities for skilled workers from overseas, contributing to the New Zealand economy and workforce.
2. What are the eligibility criteria for applying for the Specific Purpose Work Visa (Employer Assisted)?
To be eligible for the Specific Purpose Work Visa (Employer Assisted) in New Zealand, an applicant must meet the following criteria:
1. Job Offer: The applicant must have a genuine job offer in New Zealand for a specific period of time and the role must be crucial for the operation of the employer’s business.
2. Qualifications and Experience: The applicant must have the necessary qualifications, skills, and experience relevant to the job being offered.
3. Health and Character Requirements: The applicant must meet the health and character requirements set by Immigration New Zealand, which may include providing medical certificates and police clearances.
4. Employer Assistance: The employer must demonstrate that they have made genuine efforts to recruit a New Zealand citizen or resident for the job before offering it to an overseas applicant.
5. Remuneration: The salary offered to the applicant must meet the minimum pay thresholds set by Immigration New Zealand for the specific role and industry.
6. Approval from Immigration New Zealand: The employer must apply for Approval in Principle before the applicant applies for the visa, and the applicant must submit a completed application form along with all required documents.
Meeting these eligibility criteria is essential for a successful application for the Specific Purpose Work Visa (Employer Assisted) in New Zealand.
3. How can an employer assist in the application process for this visa?
An employer can assist in the application process for the New Zealand Specific Purpose Work Visa (Employer Assisted) (Form INZ 1028) in several ways:
1. Job Offer: The employer must provide a job offer to the applicant detailing the specific purpose of their work in New Zealand, including job responsibilities, duration of employment, and any other relevant details.
2. Employer Support: The employer needs to support the applicant’s visa application by providing evidence of their role in the organization, their financial stability, and their commitment to complying with New Zealand immigration laws.
3. Labour Market Test: In some cases, the employer may need to conduct a labour market test to demonstrate that there are no suitable New Zealand citizens or residents available for the position before hiring an overseas worker.
By actively participating in the application process and providing necessary documentation and support, the employer can contribute to a successful outcome for the applicant’s visa application for New Zealand’s Specific Purpose Work Visa.
4. What documents are required for the application for the Specific Purpose Work Visa (Employer Assisted)?
The documents required for the application for the Specific Purpose Work Visa (Employer Assisted) in New Zealand typically include:
1. A completed and signed application form (Form INZ 1028).
2. A valid passport or travel document.
3. A job offer from a New Zealand employer that includes details such as job title, description, and salary.
4. Evidence of the employer’s efforts to recruit New Zealand citizens or residents for the position.
5. Proof of qualifications or experience required for the job.
6. Medical and chest X-ray certificates.
7. Police certificates from all countries where the applicant has lived for 12 months or more in the last 10 years.
8. Proof of sufficient funds to support yourself during your stay in New Zealand.
9. Additional documents may be required depending on individual circumstances.
It is important to ensure that all documents are current, accurate, and translated into English if necessary, to support your application for the Specific Purpose Work Visa in New Zealand.
5. Is there a processing time for this visa, and how long does it typically take to be approved?
Yes, there is a processing time for the Specific Purpose Work Visa (Employer Assisted) in New Zealand. The official processing time provided by Immigration New Zealand varies depending on the complexity of the application and the individual circumstances of the applicant. However, on average, it usually takes around 25 to 75 working days for a decision to be made on the visa application after it has been submitted. It’s important to note that this timeframe can change based on various factors such as the completeness of the application, the volume of applications being processed, and any additional information or documentation required by the immigration officer. It is recommended to submit a well-prepared application with all necessary documents to help expedite the processing time.
6. Can the visa be extended or renewed after it expires?
Yes, the New Zealand Specific Purpose Work Visa (Employer Assisted) can be extended or renewed after it expires under certain conditions. Here are some key points to consider in relation to the extension or renewal of this visa:
1. Duration: The Specific Purpose Work Visa is typically granted for a specific period of time based on the employer’s needs and the nature of the employment.
2. Extensions: If the employment relationship continues beyond the expiry date of the visa, you may apply for an extension to continue working in New Zealand legally.
3. Renewal: Alternatively, if you wish to continue working under the same conditions after the visa has expired, you may need to apply for a renewal of the visa, which may involve meeting certain criteria and providing updated documentation.
4. Employer involvement: In most cases, the employer will need to be actively involved in the extension or renewal process, as this visa category is employer-assisted.
5. Immigration requirements: It’s important to ensure that you meet all immigration requirements for extending or renewing your visa, including any changes in circumstances or additional documentation that may be required.
6. Seek advice: For a smooth transition and to understand the specific steps involved in extending or renewing the visa, it is advisable to seek guidance from an immigration adviser or consultant to ensure compliance with New Zealand immigration laws and regulations.
7. Are there any restrictions on the type of work that can be performed on this visa?
Yes, there are restrictions on the type of work that can be performed on the New Zealand Specific Purpose Work Visa (Employer Assisted) (Form INZ 1028). These visas are granted for a specific purpose and are tied to a particular employer and job role. Therefore, the visa holder is only allowed to work for the employer specified in the visa application and in the specific role approved by Immigration New Zealand. Any changes in employer or job role would require a new visa application or a variation of conditions request to be approved by immigration authorities. It is important for visa holders to adhere to these restrictions to avoid any potential immigration issues.
8. Is there a minimum salary requirement for the applicant to qualify for this visa?
Yes, there is a minimum salary requirement for applicants applying for the New Zealand Specific Purpose Work Visa (Employer Assisted) (Form INZ 1028). The employer must offer a salary that is equal to or higher than the market rate for the specific role being offered.
Here are some additional points to consider regarding the minimum salary requirement:
1. The salary offered must be in line with industry standards and reflects the skill level and responsibility of the position.
2. Employers need to provide evidence that the salary being offered meets the minimum requirements.
3. Meeting the minimum salary requirement is crucial for the success of the visa application, as it demonstrates that the applicant will be compensated fairly for their work while in New Zealand.
Overall, the minimum salary requirement plays a significant role in the approval process of the visa application, ensuring that applicants are adequately remunerated for their work in New Zealand.
9. Can I include family members in my application for the Specific Purpose Work Visa (Employer Assisted)?
Yes, you can include family members in your application for the Specific Purpose Work Visa (Employer Assisted). When applying for this visa, you have the option to include your partner and dependent children on your application.
1. Your partner: They can apply for a work visa based on their relationship with you.
2. Dependent children: Children under a certain age may be eligible for dependent visas through your application.
3. Each family member included in your application will need to meet certain criteria and provide all necessary documentation for their visa applications.
4. It is important to ensure that all family members are included in your initial visa application to avoid any delays or complications later on.
10. Are there any specific health or character requirements for this visa category?
Yes, there are specific health and character requirements for the New Zealand Specific Purpose Work Visa (Employer Assisted) (Form INZ 1028).
1. Health Requirements:
– Applicants must meet certain health requirements to ensure they do not pose a risk to public health in New Zealand. This includes undergoing a medical examination and potentially providing medical reports or tests, especially if they plan to work in roles that involve healthcare or aged care.
2. Character Requirements:
– Applicants must also meet character requirements to ensure they are of good character and do not have a criminal history that could pose a risk to New Zealand’s security or reputation. This involves providing police certificates from countries where the applicant has lived for a certain period of time.
Overall, meeting these health and character requirements is crucial for the successful application of the New Zealand Specific Purpose Work Visa (Employer Assisted) to work in New Zealand.
11. What are the obligations of the employer and the employee while on this visa?
While on a New Zealand Specific Purpose Work Visa (Employer Assisted), both the employer and the employee have specific obligations to adhere to:
1. Obligations of the Employer:
– The employer must ensure that the work conditions and remuneration offered to the employee meet New Zealand employment standards and are in line with the employment agreement signed.
– The employer must provide a safe working environment and uphold all health and safety regulations.
– The employer is responsible for ensuring that the employee’s work is directly related to the purpose for which the visa was granted.
– The employer must notify Immigration New Zealand of any changes in the employee’s terms of employment, including changes in hours, pay, or role.
2. Obligations of the Employee:
– The employee must engage solely in employment with the specified employer and in the specified role as per the visa conditions.
– The employee must comply with all New Zealand laws and regulations, including tax obligations and employment laws.
– The employee must notify Immigration New Zealand of any changes in personal circumstances, such as change of address or contact details.
– The employee must not engage in any activities that are inconsistent with the purpose of their visa or that could reflect negatively on their visa status.
Both the employer and the employee must cooperate with Immigration New Zealand as needed and inform them of any relevant changes or issues that may arise during the visa period. Failure to meet these obligations can result in visa cancellation or other penalties. It is essential for both parties to understand and fulfill their responsibilities to ensure a successful and compliant stay in New Zealand.
12. Is it possible to change employers while on the Specific Purpose Work Visa (Employer Assisted)?
Yes, it is possible to change employers while on a Specific Purpose Work Visa (Employer Assisted) in New Zealand. However, there are specific conditions that must be met:
1. The new employer must be an accredited employer, or they must obtain accreditation within the required timeframe.
2. The new job must be in the same occupation as the original job for which the visa was approved.
3. The new employer must demonstrate that they are offering terms and conditions of employment that are in line with New Zealand employment standards.
4. The visa holder must inform Immigration New Zealand of the change in employment and seek approval before commencing work with the new employer.
5. It’s important to follow the proper procedures and seek advice from immigration authorities to ensure compliance with visa conditions and regulations.
13. What happens if the employment relationship ends before the visa expires?
If the employment relationship ends before the visa expires, the visa holder must notify Immigration New Zealand as soon as possible. In this situation, the visa may be subject to cancellation or a different visa may need to be applied for depending on the circumstances. It is important to be aware that continuing to stay in New Zealand without a valid visa is a breach of immigration laws and may have serious consequences. It is recommended to seek guidance from a licensed immigration adviser or lawyer to understand the options and requirements in case of a premature end to the employment relationship.
14. Can the holder of this visa apply for permanent residency in New Zealand?
Yes, holders of the New Zealand Specific Purpose Work Visa (Employer Assisted) can apply for permanent residency in New Zealand under certain conditions. To be eligible for permanent residency, the visa holder must meet the requirements set by Immigration New Zealand, which typically include demonstrating a commitment to living and working in New Zealand long-term, meeting health and character requirements, and potentially scoring a certain number of points under the Skilled Migrant Category. It’s important to note that each visa application is assessed on a case-by-case basis, and meeting the requirements for permanent residency is not guaranteed solely by holding the Specific Purpose Work Visa. It is advisable for visa holders interested in permanent residency to consult with a licensed immigration advisor for personalized guidance on their unique situation.
15. Are there any English language requirements for this visa category?
Yes, there are English language requirements for the Specific Purpose Work Visa (Employer Assisted) in New Zealand. Individuals applying for this visa must meet one of the following conditions to prove their English language proficiency:
1. They are a citizen of and hold a passport from a country where English is the primary language.
2. They have achieved a qualifying score in an approved English language test, such as the IELTS or TOEFL.
3. They have completed at least three years of full-time study in New Zealand and have met certain academic requirements in English.
Meeting the English language requirements is essential for obtaining this visa as it ensures that foreign workers can effectively communicate in English while working in New Zealand. Failure to meet these requirements may result in the visa application being rejected.
16. What is the cost associated with applying for the Specific Purpose Work Visa (Employer Assisted)?
The cost associated with applying for the Specific Purpose Work Visa (Employer Assisted) in New Zealand varies depending on several factors. As of September 2021, the application fee for this visa type is NZD 580. Additionally, there might be other costs involved such as medical examinations, police certificates, and translation of documents if necessary. It is important to budget for these potential additional expenses when planning to apply for this visa. Applicants should check the official Immigration New Zealand website or consult with a licensed immigration advisor for the most up-to-date information on the costs associated with applying for the Specific Purpose Work Visa (Employer Assisted).
17. Can the visa holder travel in and out of New Zealand while on this visa?
Yes, visa holders under the New Zealand Specific Purpose Work Visa (Employer Assisted) are typically allowed to travel in and out of New Zealand while holding this visa. However, there are some important considerations to keep in mind:
1. The visa holder must ensure that their visa remains valid throughout their travels.
2. It is essential to comply with any conditions attached to the visa, such as maintaining employment with the sponsoring employer.
3. The visa holder may also need to check if they require any additional documentation or permissions for re-entry into New Zealand after traveling abroad.
4. It is recommended to check with Immigration New Zealand or a migration agent for specific advice tailored to individual circumstances.
Overall, while travel in and out of New Zealand is generally permissible on this visa, staying informed and compliant with visa conditions is crucial to avoid any issues or complications during travel.
18. What are the consequences of overstaying the visa or breaching its conditions?
Overstaying a visa or breaching its conditions in New Zealand can have serious consequences, including:
1. Deportation: If caught overstaying or breaching visa conditions, individuals may face deportation from New Zealand. This could result in being banned from re-entering the country for a specified period of time.
2. Criminal liability: Overstaying or breaching visa conditions is considered a criminal offence in New Zealand. Those found guilty may face fines, imprisonment, or other legal penalties.
3. Negative impact on future immigration applications: A history of visa overstays or breaches can severely impact future visa applications for New Zealand or other countries, as it raises concerns about the individual’s compliance with immigration laws.
4. Inability to work or study: If caught overstaying or breaching visa conditions, individuals may lose their right to work or study in New Zealand, which can have significant consequences on their employment and educational opportunities.
Overall, it is crucial for individuals to adhere to the conditions of their visa and ensure they have valid immigration status while in New Zealand to avoid these severe repercussions.
19. Are there any specific industries or sectors that commonly utilize the Specific Purpose Work Visa (Employer Assisted)?
Yes, there are specific industries or sectors in New Zealand that commonly utilize the Specific Purpose Work Visa (Employer Assisted). Some of these industries include:
1. Agriculture: New Zealand’s agriculture sector often requires specialized skills and expertise that may not be readily available within the local workforce, leading to the need for overseas workers on a temporary basis.
2. Information Technology: With the rapid advancement of technology, many companies in New Zealand seek specialized IT professionals from overseas to fill skill gaps and drive innovation within their organizations.
3. Healthcare: The healthcare sector in New Zealand, particularly in areas like nursing and mental health care, often requires overseas healthcare professionals to meet the country’s healthcare demands.
4. Hospitality and Tourism: New Zealand’s booming tourism industry frequently requires workers with specific skills and experience in hospitality to cater to the growing number of tourists visiting the country.
5. Construction and Engineering: The construction and engineering sectors in New Zealand may require overseas workers with specialized skills and experience to assist in major infrastructure projects and construction developments.
Overall, the Specific Purpose Work Visa (Employer Assisted) is commonly used in industries where there is a shortage of certain skills or expertise within the local workforce, and where employers need to bring in overseas workers to fill these gaps temporarily.
20. How can a migration agent or immigration lawyer assist in the application process for this visa category?
A migration agent or immigration lawyer can assist in the application process for a New Zealand Specific Purpose Work Visa (Employer Assisted) by providing expert guidance and support throughout the entire process. Here are some ways they can help:
1. Understanding Eligibility: They can assess your eligibility for the visa category based on your specific circumstances and advise on the best course of action.
2. Document Preparation: They can assist in preparing and organizing all the necessary documentation required for the application, ensuring that everything is in order and meets the visa requirements.
3. Application Submission: They can handle the submission of the visa application on your behalf, ensuring that it is done correctly and within the given timeframe.
4. Communication with Immigration Authorities: They can act as your representative and communicate with immigration authorities on your behalf, addressing any queries or providing additional information as needed.
5. Legal Advice: They can provide legal advice throughout the process, including on complex issues such as employment contracts, visa conditions, and any potential challenges that may arise.
Overall, working with a migration agent or immigration lawyer can provide peace of mind and increase your chances of a successful visa application.