The Job Check is the second stage in the three-step process of securing a work visa for a migrant worker and can be a “make or break” step in the visa process.
To make the complex simple, we have listed our top 5 “need-to-knows” about the Job Check process:
- Employer’s Responsibility – Just like applying for Employer Accreditation, the Job Check process is an employer-led step. It is the employer’s responsibility to demonstrate that there are no suitable New Zealanders available to do the job by advertising the job themselves or engaging a recruitment agency to advertise on their behalf. Employers cannot pass on the costs associated with the Job Check to migrant workers.
- Current Vacancies Only – Job Check applications cannot be submitted for vacancies that an Employer anticipates they may have in the future. Applications must be submitted for current vacancies to demonstrate that jobs have been advertised (where necessary) and no suitable New Zealanders have been found to perform the role(s).
- Advertising: Exempt Occupations – In most cases, testing the labour market for skilled and suitable New Zealand citizens or residents to perform the role will be required. However, there are certain roles that are exempt from labour market testing. Occupations on the ‘Green List’ do not need to be advertised as long as the minimum requirements for the role are met. Similarly, roles which pay at least twice the median wage (i.e. NZ$115,492 per annum or more) will also not require advertising. Note however Job Check applications for these roles will still be required, it is just the advertising that is not necessary.
- Review Employment Agreements – A significant number of Job Checks fail due to employment agreements being non-compliant with immigration or employment law requirements. An employment agreement must contain all mandatory clauses as well as meet other key requirements stipulated by the immigration regulations. The employment agreement must be included as part of the Job Check application and the employment offered to the AEWV employee will need to be aligned with the proposed employment agreement provided as part of the Job Check application.
- Job Check and Migrant Check Alignment – The Migrant Check needs to closely reflect the information contained in the Job Check. A mismatch may lead to the Migrant Check being declined and (potentially) the Job Check needing to be repeated. In most cases it will be appropriate to handle the Job and Migrant Checks concurrently to ensure that the information in the Job Check is accurately positioned to be followed by the Migrant Check and to ensure a streamlined and successful overall process.
Dealing with the labour market testing and compliance requirements makes the Job Check a complex process. There are a number of potential hooks in the requirements for the Job Check and how it interplays closely with the Migrant Check. The time and cost to be incurred by employers who are now required to cover Job Check costs is already significant, therefore it is important to get the process right first time to avoid costly and lengthy process delays.
We are market leaders in the immigration process, so please get in touch with our team of immigration experts below to discuss the best way to approach the process for you and/or your migrant workers.
