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Clarifying the immigration test When it comes to getting a visa for a farm worker, one of the biggest challenges is to show that the labour market test has been met. Immigration will make sure that any New Zealander who is willing and able to fill a vacancy would get priority over someone from another country. Although New Zealanders have top priority, there will always be a need for foreign workers to fill the gaps. If an applicant is applying under the essential skills instructions then they will be subject to a labour market test. This test can be satisfied in two ways. The first possibility is if the position has been listed on one of Immigration New Zealand’s Essential Skills in Demand Lists. There are three lists which are the Immediate Skill Shortage List, Long Term Skill Shortage List and the Canterbury Skill Shortage List. Both the immediate list and long-term list are reviewed twice a year, while the Canterbury skill shortage
Nils Macfarlane
and not just your local newspaper. If the job vacancy is in the Canterbury region and not on one of the above lists the employer would also have to have a listing with the Skills and Employment Hub. Once this labour market test has been met the applicant must be able to show that they have the required experience and/or qualifications for the position. They will also have to show that they meet Immigration New Zealand’s health and character requirements. The labour market test is a crucial step in the immigration process and often applications can be declined on this basis. It is essential to make sure this step has been covered and if the job position is not one that is on the skilled list, make sure the employer has made a reasonable effort to satisfy this.
RURAL IMMIGRATION
list is reviewed every three months. If the job vacancy is not on one of these lists then the applicant would have to show Immigration New Zealand that there are no New Zealanders who can do, or be readily trained to do the job offered. The employer therefore needs to ensure that they have genuinely searched for suitably qualified and experienced New Zealand workers. To establish if this has been met, Immigration New Zealand will consult with Work and Income to see if there are suitable candidates, so it is a good idea for an employer to have listed the position with Work and Income. Immigration would
also require evidence of advertising and the more that is provided with the
application the better. It is good to advertise across a broad medium of advertising
Nils Macfarlane is an adviser with Heartland Immigration, a team of immigration advisers who also come from a legal background
Nils Macfarlane New Zealand Immigration Adviser IAA License No 201401035
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