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Why the Job Check?

According to the objectives and overview of the accredited employer instructions, the following four objectives are outlined:

incentivising employers to employ more New Zealanders to respond to skill and labour shortages over time; and

ensuring that employers only recruit non-New Zealand citizens or residents for genuine shortages, while not displacing New Zealanders from employment opportunities or hindering improvements to wages or working conditions; and

reducing risks around business models and practices that might enable migrant exploitation; and

ensuring that employers are compliant with specific employment, immigration and business standards.

The first two points relate to the requirements of a Job Check by the employers. From the INZ website, the following objective of the Job Check is deduced.

The purpose of the job check is to ensure there are no New Zealanders available to do a job. This aims to support local employment opportunities, and ensure employers are offering attractive wages to New Zealanders, before they look to recruit migrants.

Exemption from advertising

The only respite given to employers is in cases where the job is a Green List job and the requirements of the job meet the same mentioned on the Green List. Also, for a job paying twice the median wage or above, advertising is exempted.

It is safe to state that to ensure that New Zealanders are hired before employers consider migrants, the Labour Market Tests are incorporated in the new policy as well. Overall, nothing more has been added to the old policy as it is more or less, a furtherance of the previous Essential Skills work visa policy.

The problem areas of the Job Check

However, some requirements of the instructions for Job Check have been made quite specific and seem to be rigid. For example, the contents of the advertisement and the incorporation of specific clauses in the employment agreements.

According to a key message update received from INZ, as at 28 July 2022, INZ had received 3,027 Job Check applications, equating to 19,977 jobs. Of those, only 434 Job Check applications were approved, equating to 2,718 jobs— a dismal 14%.

The most alarming figure was that 50% of Job Check applications assessed by then had required INZ to seek further information from the employer before they could be decided. It meant that half of the applications were either incomplete or lacked the required information.

The main reasons for the delay at INZ’s end included:

The advertising was not run according to the requirements of the instructions;

The advertisement did not contain the required information;

A detailed job description was missing;

The required information was missing from the employment agreements.

The above findings clearly demonstrate that the majority stakeholder, i.e., the employers, are not yet fully versed with the changes in the policy.

Therefore, it becomes all the more important for you to engage the services of a professional. Professional assistance can make all the difference between delays, increased stress and pressure, and decision-ready application and mental peace.

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Help for Employers

• A checklist is available on the INZ website that employers can use to ensure their Job Check application includes all the required information. It can be found at: https://www.immigration.govt.nz/documents/employer-resources/applying-for-a-job-check-checklist-for-employers

• Help refining employment agreements to ensure they meet all minimum requirements is available at https://eab.business.govt.nz/employmentagreementbuilder/startscreen/

• If you are a member of an organisation like the Employers and Manufacturers Association (EMA), you will also be able to get help with employment agreements from them.

• A contact line has also been set up specifically for employers to contact INZ if they have any questions or concerns about the AEWV. Employers can phone 0508 967 569 between 8:00 am and 6:00 pm Monday to Friday.