Work and Nz

ddz · I'll Hang Around A Little Joined: 09 Jun 2004 Posts: 10

Hi all,
I know a friend from New Zealand who wants to start its own business and wants to hire me. Nevertheless, I read on the NZ immigration site that the employer must respect some conditions before hiring foreign ppl. One of these condition is to prouve that there aren't other new zealand ppl that are ok for the job which my friend wants to offer. But if "this" work takes place in another country, do I have to apply for a work permit or not? And my friend has to respect the conditions of hiring foreign ppl?
If anyway I have to apply for the work permit and if I'll get it, will I have the possibility to move in NZ in the future?

Thanks for the attention,
Best regards,

Ddz

justin.g.s · Posted: Thu Jun 10, 2004 5:24 am Post subject:

This is a good question, I was wondering the same sort of thing. My parents are going to buy a buisness to qualify. If they did it before I moved over, could they not then offer me a job, allowing me to qualify with the job points?

Anyone out there think this would fly?

Moorf · Posted: Thu Jun 10, 2004 7:38 am Post subject:

Not sure about this but I would have thought that your parents would have to prove that there was no one in NZ to do the job before offering it to you?

I'd be interested to hear if you find anything out on this...

Cheers
Moorf

Bill B · Posted: Thu Jun 10, 2004 8:17 am Post subject:

Hi ddz, Justin & Moorf,

Jamie Smith would probably be able to set you straight on this, but for what it's worth, here's my two pennyworth.......

I believe that to buy a business you would have had to have had your own similar business (either running it or owning it) for at least two years.

I also think that the same rules apply re offering the job on the open NZ market first to prove there wasn't a "native" suitable for the post.

But, as I say, that is only my humble opinion.
Contact Jamie. (Sorry Jamie if you're not the one to help Confused

)

Bill B

karltsmith · Posted: Thu Jun 10, 2004 9:52 pm Post subject:

I concur with Bill. As I understand it to get a LTBV you must have had previous experience of running a similar business. As for employing you they would have to do a job market search for the postition offered and satisfy NZIS that no NZ citizen/PR was suitable for the job. Sorry to disappoint you Confused

but nice try fingers crossed

What do you think jamie?

ddz · I'll Hang Around A Little Joined: 09 Jun 2004 Posts: 10

Moorf · Posted: Fri Jun 11, 2004 5:12 am Post subject:

ddz - check out this webpage - it leads to other great info sites that tell employers what they need to do in order to recruit from abroad...

http://www.worksite.govt.nz/en/.tree/finding-staff/finding-staff-bringing-to-NZ/

Hope it helps.

Moorf

ddz · I'll Hang Around A Little Joined: 09 Jun 2004 Posts: 10

Thanks, I'm reading it now. However I want to copy/paste this from the NZIS site:

These are the conditions for obtaining a work permit:

(A) an offer of employment in an occupation currently included on the Occupational Shortages List

(B) an offer of employment from an employer who has a current approval in principle to employ you (please include a copy of the approval if you have it) --- the one I talked about before

(C) an offer of employment and evidence from an employer that shows there are no New Zealand citizens or residents suitably qualified by training and experience available

(D) evidence to show you meet the specific policy requirements of one of these categories:
Ministers of Religion, Missionaries, and Members of Religious Orders
Interpreters from Japan
Crew Of Chartered Foreign Fishing Vessels

(E) evidence of full or provisional registration, or your ability to qualify for registration, if that’s required by law to take up the offer of employment.

I think that also the (C) option is interesting but it is not so clear to me the difference between the (B) option and the (C).

Aren't they similar? What's the real difference?

Thanks again,

ddz

Moorf · Posted: Fri Jun 11, 2004 5:55 am Post subject:

To me it looks like (B) = a company who has not registered to be able to recruit from abroad / is in process of applying for accredited status and (B) = a company that is already accredited.

That's just my opinion !

karltsmith · Posted: Fri Jun 11, 2004 7:44 am Post subject:

We are here on work visa's obtained after my wifes employer obtained an approval in principal and currently we are in the process of gaining PR.

The NZIS wanted to see evidence, that in my wifes employers case, dated back over 7-8 months of trying to find someone with her experience and quals. even so the NZIS will do a job market survey that will take 60 days to complete to satisfy themselves that the case is genuine.

ddz · I'll Hang Around A Little Joined: 09 Jun 2004 Posts: 10

Thanks Moorf and karltsmith.

Moorf: I think u're right although it is not really explained in the documentation provided by the NZIS.

karltsmith: I read about your case. So 7 - 8 months plus 60 days are necessary to demonstrate that u genuinely searched for a job offer?

It is a standard wait or your case was a particular one?

What happens if the case is really "urgent"? Does it exist another procedure or the wait must be like one year as it was for your case?

Thanks again,

ddz

karltsmith · Posted: Fri Jun 11, 2004 9:57 pm Post subject:

I was just relating our particular case as a reality check that things don't always work out as quickly as you might think. I'm sure other's may have experiences with different time frames and may have been quicker however the 60 day period is standard and you wont get past the job market search/verification by NZIS. As for your employer demonstrating that no Kiwi or PR is suitable for the post...this will need documentary eveidence to support the claim together with a submission of the efforts made to recruit and supporting documentation eg job ads placed, number of persons interviewed, reasons they were not suitable, use of recruitment consultants etc.etc.

It was our last ditch effort to get over here after getting caught up in the migration law changes last year. My wifes employer had to wait 5 months before we could get here on a work visa.... not an easy route but we were concerned that the job offer would not remain open indefinately!!

karltsmith · Posted: Fri Jun 11, 2004 10:02 pm Post subject:

Addendum:

It is the employer that must demonstrate the above not you! Once you have been offered a job its your prospective employer that pays the NZIS for an approval in principal / job market survey and it is the employer that gets this accepted or declined. They need to submitt your resumee/CV, job descrition etc...as part of the process for comparisson against the job market!

ddz · I'll Hang Around A Little Joined: 09 Jun 2004 Posts: 10

Thanks for your answer, karlsmith.

I understood better your case and so I think that I have to wait 2 periods:

1) one period is the one when the employer puts the job offer in the market, he tries to find someone, he has some talks. (period undefined)

If he doesn't find anyone suitable during this period, the employer offers me the job and then he asks the "approval in principle" to recruit overseas worker and so the period 2 is the following:

2) NZIS job market/ search verification with my CV (60 days)

If NZIS states that there are no NZ workers suitable for that job offer, it gives the approval in principle to the employer and the work permit to me?

Is this the procedure then?

Thanks again,

ddz