Hire migrant workers

Things to consider

With many industries experiencing skills shortages, it may be tempting to look elsewhere to find the right candidate for your business. Thus you may be wondering about visa options for your migrant candidates. The process is not as daunting as it may appear at first glance, but you as an employer must be mindful of a few important steps. If you have carefully considered all the steps below, your candidate will need a written job offer, and will also have to meet requirements to be healthy and of good character. You will also need to provide some information about settlement.

Since 2022, a business must hold employer accreditation before they can support an international worker's work visa application.

Become an accredited employer

Is the staff you need available locally?

Hiring migrants should aim to fill gaps in the New Zealand workforce

In many –not all– cases, you will have to show that you are unable to find suitable staff locally, before you can offer a role to a migrant. Immigration New Zealand refers to this as the 'labour market test', ie are there suitable New Zealanders to fill the role? In essence, your attempts to recruit New Zealanders can be is easily proven by advertising the position on major platforms such as Seek or Trademe, and showing evidence that no other candidate was suitable. Recruiters may also provide supporting evidence, and potential candidates for lower-skilled occupations can be searched with the help of your local Work & Income branch (in the form of a Skills Match Report).

Some occupations/candidates/employers may see the 'labour market test' requirement waived, depending on their circumstances. This means you can hire a migrant without advertising the role if the conditions are met.

The labour market test

Will your candidate require a visa?

Some individuals may already have work rights in New Zealand as part of their existing visa, or they may require a visa based on the position you are offering them. Temporary visitors on a general visitor visa do not usually have work rights. Resident visa holders may accept any job, in any occupation, in any region.

What visa options are available for your staff?

There are several visa options available to your candidate, depending on their credentials, your status as an employer, the job offered, the region, etc. The main visa applied for is typically the Accredited Employer Work visa.

Visa options for your migrant staff

Your candidate does not need a visa to accept a position. However, they must have work rights in order to commence work.

Before you seek to hire a migrant, you must verify whether they have the legal right to work for you. They may already have work rights on their existing visa, or they may have to apply for a visa to allow them to commence work with your company. Note that some visas with work rights are limited to a certain amount of hours per week or may have a maximum duration that the visa holder can work for any single employer.

If your candidate already has a visa

Working Holiday Visa holders

More than 35 countries have a reciprocal agreement with New Zealand, which allows young people aged 20 to 30 inclusive (some exceptions up to 35) to travel to New Zealand and work for various employers as they visit the country. Each country or scheme has a specific set of rules, but the general allowance is a maximum stay of 12 months from entry date, though the UK scheme allows a 23 months stay.

Some schemes do not allow permanent employment or employment for more than 3 months for each employer. If you employ a Working Holiday Visa Holder and wish offer them permanent employment, they need to apply for a work visa that allows them to do so.

Work visa holders

Partners of work visa holders/student visa holders/New Zealand residents/New Zealand citizens, may already have a visa with open work rights, based on their relationship. If that is the case, they are allowed to work in any occupation, for any employer in New Zealand.

Workers whose visa specifies an employer may be able to vary the conditions of their current visa to change the employer, or may have to apply for a new visa based on the position you offer them.

Student visa holders

Most students can work part-time during their studies and full-time during breaks. You need to discuss their work rights with prior to them starting, to ensure they will not breach their visa conditions.

If you wish a student to continue working for you after they complete their studies, they must have another valid visa with work rights, ie a post-study work visa.

Post-study work visa holders

Many international students who complete a tertiary course in New Zealand may be granted a 1, 2, or 3 years open post-study work visa. These fresh NZ graduates are allowed to work in any occupation, for any employer in New Zealand.

Resident visa holders

Most resident visa holders can work for any employer, in any occupation.

Interim visa

If a temporary visa holder is applying for a further work visa as their last one is expiring or has expired, they may or may not be allowed to continue working during the interim. Talk to us to check their interim visa conditions.

If your candidate needs a visa

What visa options are available for your staff?

If your ideal candidate does not fit any of the categories above, they need to apply for a work visa under a relevant category.

Applying for an employer-assisted work visa

If your candidate does not already have work rights, they need to apply for a relevant work visa.

If your candidate already has an employer-assisted work visa, they may be able to obtain a Variation of Conditions (or "Job Change") to change the employer on their visa, or apply for a whole new visa.

Accredited Employer Work Visa

This visa is granted for up to 5 years, and allows the holder to work for an accredited employer, if you have a job offer from an accredited employer.

The applicant must:

hold an offer of employment in New Zealand from an accredited employer
meet the health and character requirements
be deemed competent for the role offer either via a relevant qualification or previous work experience

You must offer at least median wage unless the role is exempt (see list of exemptions)

Specific Purpose work visa

If the role offered is for a set period of time, based on a specific project, or with a specific purpose in mind, your candidate may seek a Specific Purpose work visa for the duration of the project. Maximum durations apply depending on the nature of the role.

Other types of visas

There are several other less common types of visas that your candidate may seek. Most are subject to annual quotas and the vast majority of applicants fall under the four categories above.

What visa does your candidate require? How can you assist?

How we assist New Zealand employers

Recruiting offshore can be a costly, and time consuming endeavour. But it does not have to be a stressful one. To maximise the chance of success, we like to work in partnership with New Zealand employers. To assist with the process, we can:

Assess whether your ideal candidate is eligible for a visa. In immigration terms, this means to determine whether they will meet the relevant immigration instructions in place at the time of submitting the application, are they suitably qualified, do they hold the relevant registration in New Zealand, is their documentation in place?
Confirm what your candidate's prospects are for long term settlement in New Zealand. The vast majority of international workers aim to secure permanent residence in New Zealand.
Recommend the best pathway(s) for your candidate and their family.
Review and discuss the labour market check requirements. In other words, does the role need to be advertised, and if so, how?
Guide both applicant and employer throughout the documentation stage.
Review employment documentation against relevant regulations.
Act on behalf of the applicant throughout the visa application, including documentation instructions, application preparation, review, lodgement, and liaison with Immigration New Zealand until approval.

Help your migrant staff settle in New Zealand

Beyond the visa application, an employer should support their migrant staff in their initial settlement

You have put time and effort in finding the right talent for your business ; It is in your company's best interest to ensure your new staff's arrival and settlement into your work place lives up to their expectations. There are a few simple steps you should be mindful of, before arrival, on arrival, on their first day, and thereafter.

Prepare beforehand

Many migrants have thought through their migration for some time and are well aware of what to expect on arrival. Regardless, it is a huge undertaking for most families to start over in a new country. As an employer, you should be prepared to provide at least basic guidance for these new arrivals. This may be in the form of an orientation programme, or pairing the new staff with a more senior member of their team.

Life in New Zealand

Beyond the workplace, migrants will need some information about the region, accommodation, banking, transport, schooling, or tax. Some larger companies can afford a relocation package which helps contributing towards visa fees, or accommodation. But it's not just about money. Many migrants have relatives who can assist, but those who do not will welcome assistance from their co-workers in any shape or form.

Training and etiquette

On paper, a candidate may come across as meeting your requirements. Once on site they will also likely meet or exceed your expectations. However, beyond their professional or technical skillset, there may be differences in social etiquette, communication standards, or expectations on both ends. It is important you keep communication open to avoid disappointment for either party involved.

Did you know? Immigration New Zealand has a "checklist to plan ahead"