The labour market test and job check process

Will your candidate need a visa?

Some temporary visa holders in New Zealand may already have open work rights as part of their visa. If that is the case, you may hire them without advertising locally. This includes Working Holiday visa holders, International students with work rights, partners of New Zealanders or visa holders with open work rights.

If not, then you may need to perform a labour market test (advertising the role to give New Zealanders a chance to apply), and seek a job check token from Immigration, before a migrant candidate can apply for a work visa.

What is a  job check?

As a compliant employer you must be offering at least market rate to your candidate: the salary offered within a reasonable bracket, considering the job (level of responsibility), employer (size of the company), and candidate (years of experience). As part of the new employer-led visa process, Accredited employers need a job check token from Immigration New Zealand, before the candidate can proceed with a visa application. The need for a labour market test (advertising the role) will be determined by the job title and pay rate.

What evidence must be provided?

In most cases, the employer must make an online application, either directly or through an immigration adviser, providing an employment agreement, a job description, and if applicable, evidence that a labour market test has been performed.

Can I advertise multiple positions in a job check?

Multiple positions for the same role (same occupation, pay, and region) may be covered by the same job check and advertising. An approved job check will be valid for 6 months or upon an accreditation lapsing (if not renewed).

Is there a quota for job checks?

An employer with standard accreditation may have 5 tokens or AEWV migrant workers attached to their accreditation. A business with high volume accreditation has no cap.

How much does a job check cost?

As at October 2024, the Immigration New Zealand job check fee is NZD $735. A reconsideration request for a declined job check is NZD $250.

What is the minimum hourly rate an employ must pay?

For any other role, you must offer at least median wage (unless the role is on the exemption list), and you will be required to demonstrate that no New Zealanders could be find to fill the position, via a labour market test.

Some exemptions for high salaries

If the position you offer is at least twice the New Zealand median wage, you will not be required to advertise the role (though you still need a job check). There may be also be a streamlined pathway to residence for these highly-paid migrants, which is yet to be released by Immigration New Zealand.

The labour market test: advertising requirements

Before you offer the job to a foreign national who needs to apply for a work visa, you may have to ensure you have tested the labour market for suitable New Zealanders, via a job check.

You will have to advertise the role:

• • ANZSCO skill level 1, 2, 3
    • for at least 2 weeks in a national job listing website or any other suitable advertising means that is likely to attract New Zealanders
  • ANZSCO skill level 4, 5
    • or at least 3 weeks in a national job listing website or any other suitable advertising means that is likely to attract New Zealanders, AND
    • engage with Work and Income New Zealand (WINZ) through their dedicated immigration process.

The ad will need to show:

• • a detailed description of the position offered, including minimum/maximum pay rate, guaranteed hours, location
  • estimated earnings (if offered piece rate, commission, or bonuses)
  • minimum qualifications and work experience required
  • any other registration or licences to meet requirements

If you are unable to fill the position with a New Zealander, then Immigration New Zealand will seek evidence of your attempts. This may include:

• • advertising evidence (screenshots, receipts, etc.)
  • list of candidates who applied, shortlist
  • why it is impossible to train up locals for the role
  • attempts by recruiters
  • feedback from the Ministry of Social Development on available local workforce

What is 'advertising' evidence?

Popular websites such as Trademe or Seek are accepted by INZ. Recruiters also play their part. Social networks are also considered, but not as sole evidence. It is also very important that you do not advertise the role in a way that may discourage New Zealand employers from applying, such as unrealistic requirements, low salary, or hours of work.

Can a person be trained for the role?

In certain cases, Immigration New Zealand may deem possible that a local be trained for the position available. They may seek evidence of your training programme, records, and plans. You may also have to show attempts to reach out to relevant industry associations on the availability of suitable candidates, and seek their feedback on current shortages for certain types of positions.

How long does it take to process a job check?

Processing times vary often with Immigration New Zealand, with job check processing in 1 week to over 2 months since the scheme has been in place.

How long is a job check token valid for?

An approved token may be used for 6 months towards an Accredited Employer Work Visa application.

What if a job check application is declined?

An employer has 14 days to request a reconsideration of a declined job check application. Alternatively, and depending on the reasons for the decline, they may decide to submit a new job check application, with new evidence.

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