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Job Description Critical for Work Visa and Residency Applications

Tuesday 15 August 2017

A common mistake made by many employers or employees is not having the right job description for their overseas employee. This often affects the employee’s work visa applications and also residency applications.

A New Zealand employer is entitled to choose the best candidate for a vacancy. However, should the best candidate turn out to be someone from overseas, the employer must show that they are not able to find a New Zealander to fill that position. This is to meet Immigration NZ’s requirements, unless the position is on a Skills Shortage list published by Immigration NZ.

If there is a New Zealander who is able to meet the stated requirements in the job description but may not be the best candidate, the employer will still fail to meet Immigration NZ’s requirements, and therefore be not able to employ the overseas worker.

An employer should therefore take great care in drafting the job description and advertisements. They must be specific and identify the critical skills and experience for the position.

An employer must not design a job description just for the overseas employee. For example, if the employer requires a language skill, they must show why your business requires that for the position.

If an employee is relying on a job description to apply for a work visa or work towards residency, it is important to ensure that a job description has all the critical aspects of the job classification for the application.

Getting the right job description therefore requires consideration and often advice.

It is important to get job titles and descriptions at the beginning to ensure credibility of the employee’s work visa or residency application. It simply does not look good to change the title or job description completely when Immigration NZ raises a query.

We have rescued work visa and residency applications which were prepared by employees, employers, or Immigration advisors making the above mistakes. It is much better and cheaper to invest in some advice at the front end to get the job description right.

 

August 2017

KEYWORDS: job description, Immigration, employee visa
Dunedin Shanghai Association property law section ADLS