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NEW ZEALAND – Exemption from Labour Market Check in Certain Circumstances

Effective 1 February 2015, Immigration New Zealand (INZ) has waived the requirement for temporary work visa holders to complete a labour market check when applying for a further work visa, in certain circumstances.

Who Benefits?

In order to benefit from the new labour market check waiver, the applicant must:

  • currently hold a temporary work visa; and
  • have applied for an Essential Skills work visa to continue working in that role; and
  • meet all other requirements of Essential Skills work visa instructions; and
  • have been issued an Invitation to Apply under the Skilled Migrant Category (SMC) and retain the ability to apply, or have made an application for residence under the SMC and that application has not yet been completed; and
  • have had their Expression of Interest selected in part on the basis of points claimed for skilled employment in the role they currently hold.

If the applicant meets all of these conditions, they will not be required to complete a labour market check when applying for their further work visa. This will allow them to be eligible for a further work visa for twelve months.

What is the Labour Market Check?

Normally, every application under the Essential Skills instructions is subject to a labour market test. This test can be met by either:

  • the position being listed on one of INZ’s Essential Skills in Demand lists, or
  • INZ being satisfied that there are no New Zealanders who can do, or be readily trained to do, the job offered and that the employer concerned has genuinely searched for suitably qualified and trained New Zealand workers.

Action Items

  • Employers of qualifying applicants can take advantage of this change to expedite applications for further work visas.

This news alert was prepared using information provided by Cavell Leitch.

DISCLAIMER: The information contained in this immigration alert has been abridged from laws, court decisions, and administrative rulings and should not be construed or relied upon as legal advice. If you have specific questions regarding the applicability of this information, please contact Peregrine © 2017 Peregrine Immigration Management Ltd.