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How do you bring critical workers into NZ?

Tuesday 9 March 2021

Previously, people coming into New Zealand must apply for a work visa first and entry into New Zealand was considered only once the visa was granted.

 

The process was changed since our borders were closed due to Covid. The process is now an Expression of Interest type of process for a critical purpose work visa. The Employer must submit a request for “critical worker exception”. If Immigration NZ is satisfied with the request, the worker will be invited to apply for a critical purpose work visa. At that point they will be required to provide evidence to substantiate the criteria they claim to meet for the critical purpose work visa.

 

The criteria for a critical worker is primarily that they must have “unique experience and technical or specialist skills not readily available in NZ”.

 

Skills are considered not regularly obtainable if:

- there are no workers in NZ who can do the role, or

- there is a limited pool of available workers who can do the role and they are not available to the employer.

 

Fundamentally, provision of evidence to demonstrate the above is crucial.

 

I have today checked with Immigration NZ. They confirmed that while the bar for critical workers is set high, there is no quota or limit. Applications are granted based on the criteria and needs, which is encouraging.

 

My advice to the clients in this area is always that there needs to be careful thought given to the job description and the advertisement.

 

To come into New Zealand for 6 months or longer, the critical worker must have an annual salary of over $106,080, unless they are involved in certain Government funded or approved programmes, events or projects.

 

If you have problems bringing in critical workers, please contact us. I will be happy to review your situation and advise you what you need.

 

March 2021

This article is for general use only. Advice should be sought for specific circumstances. Please consult Teresa Chan at Teresa Chan Law Limited, Level 3, Westpac Building, 106 George Street, Dunedin 9016, ph. 477 1069, or email teresa@tchanlaw.co.nz

KEYWORDS: Critical workers, entry to NZ, critical purpose work visa, request for critical worker exception.
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