Guidelines for employing cultural sector workers from overseas

Introduction

The New Zealand Immigration Service (NZIS) operates a Work Visa and Permit policy. Within this policy there are three streams. The stream most relevant to the cultural sector in New Zealand is the Skilled Stream – work to residence policy. Successful applicants under this policy will be issued with a multiple work visa allowing the grant of a permit for 30 months.

Within the Skilled Stream policy, three of the four options are relevant to the sector. They are

Talent policy – employment with accredited employers
Talent policy – for people with exceptional talent in a field of art, culture or sport
Priority Occupations List policy – employment in an occupation on the Priority Occupation List.

The following guidelines focus on the role of the employer in facilitating employment for people with the skills they require. They are a summary of information available from the New Zealand Immigration Service (NZIS) website.

Talent Visa Policy

The Talent Visa Policy provides a special category of work permit/visa designed to allow exceptionally talented people to work in New Zealand without having to meet standard work permit criteria. Employers may employ people who are less than 56 years of age, for up to 2.5 years on a minimum base salary of $45,000. Holders of these permits/visas may then be eligible to apply for permanent residence.

People in the following categories are eligible:

People who have job offers from employers accredited by the New Zealand Immigration Service to recruit staff from overseas.
People with recognized talents and abilities in the arts, culture and sports, whose time in the country will enhance the country's international reputation.

Talent (Accredited Employers) Work Policy

The objective of the Talent (Accredited Employers) Work Policy is to allow accredited employers to supplement their workforce through the recruitment of non-New Zealand citizens or residents. An employer must first establish with NZIS that no suitable qualified or experienced New Zealand citizens/residents are available or able to be trained to do the job they have on offer. The employer has direct responsibility for the employee and their work output. This option allows an organisation to employ rather than sponsor a 'talented person'.

Criteria for accreditation

An Accredited Employer has had an application to employ people under the Talent (accredited employers) Work Policy approved by the NZIS. To become an Accredited Employer NZIS must be satisfied that the employer:

Is in a sound financial position
Has human resources policies and processes of a high standard
Has a demonstrable commitment to training and employing New Zealanders, and
Has good workplace practices.

Offers of employment

Offers of employment by Accredited Employers must be:

in the employer's core area of business, and
for a period of at least 24 months, and
be full-time employment (average of 30 hours per week), and
genuine, and
for a position with a minimum base salary of $45,000 per annum, and
accompanied by proof of registration/provisional registration or eligibility for registration, and
compliant with all employment law in force in New Zealand.

Both the accredited employer and the prospective employee must meet NZIS requirements.

Details of these requirements can be found on the NZIS website:

Fees and renewal

The fee for accreditation is $1,900. The annual renewal fee is $400. Employers are accredited for 12 months and are advised to keep their status current by renewing it annually. Failure to do so may result in employees holding work visas and permits being unable to subsequently apply for residence under the policy.

The application form (NZIS 1090) to become an accredited employer is available on the NZIS website.

Talent (Arts, Sport and Culture) Work Policy

This policy allows organisations that can assure NZIS they are an organisation of national repute to recruit people with the talents and skills they require from overseas if suitable people are not available in New Zealand. The organisation of national repute must demonstrate that the talented person's presence in New Zealand will enhance the quality of New Zealand's accomplishments and participation in the arts, culture or sports. Under this policy applicants can apply for:

a temporary work visa/permit, or
a residence permit.

A person applying for a work permit or visa under this policy must:

be sponsored by an organisation of national repute, (evidence of this status must also be supplied) and
satisfy the NZIS that they have exceptional talent in a declared field of art, culture or sport, and
be under 56 years of age
Provide a signed personal undertaking from a personal sponsor that they will meet the applicant's requirements for maintenance, accommodation and repatriation if necessary.

What is an 'organisation of national repute'?

A New Zealand organisation of national repute is one that:

has a nationally recognised reputation and record of excellence in its field of art, culture or sport, or
has a nationally recognised record of excellence in fostering exceptional talent in a field of art, culture or sport.

What is exceptional talent in a field of art, culture or sport?

A person seeking employment under this policy must satisfy NZIS they:

have an international reputation and record of excellence in their declared field, and
are still prominent in that field, and
their presence in NZ will enhance the quality of New Zealand's accomplishments and participation in that field of art, culture or sport.

The onus for satisfying the NZIS that they meet these criteria is on the applicant.

Personal sponsors

While all applicants for a work permit/visa under this policy must have the support of a sponsoring organisation, they must also have a personal sponsor who will meet the applicant's requirements for maintenance, accommodation and repatriation if necessary. Section 28 of the Immigration Act (1987) states that, the personal sponsor must be a 'natural' person and cannot be an organisation.

A personal sponsor must be:

in New Zealand
a New Zealand or Australian citizen or holder of a current residence permit that is not subject to s18A of the Immigration Act (1987) and have been so for at least three years preceding the application,
a New Zealand or Australian citizen and/or holder of a current residence permit or a returning resident's visa for at least three years preceding the application under the Talent (Arts, Culture and Sports) Work or residency Policy, and
have spent a total of 184 days in New Zealand within each 12 month portion of that 3 year period.

The Talent (arts, culture and sports) Sponsorship form (NZIS 1091) is available on the NZIS website.

Priority Occupations List policy

A person may be eligible under this policy if they

have an offer of employment in New Zealand in an occupation that is included on the Priority Occupations List and meet the specifications for that occupation, and
are suitably qualified by training and/or experience to undertake the offer of employment as well as meeting any specific requirements laid out in the Priority Occupations List, and
have met or are able to meet any of the necessary New Zealand registration requirements if these are required to take up an offer.

Offers of employment under the Priority Occupations List must be

for employment in New Zealand, and
for a period of at least 24 months, and
for full-time employment (ie at least 30 hours per week), and
current at the time NZIS assesses the application and processes the visa/permit, and
genuine, and
accompanied by evidence of full or provisional registration if required, and
compliant with all relevant employment law in New Zealand.

If an applicant under this policy wishes to qualify for residence, they must be under 56 years of age at the time they apply for residence.

The list of priority occupations provides information on the qualifications and experience needed to apply under this policy. Further information on qualification recognition is also available from NZIS or from the New Zealand Qualifications Authority.

Guides

The following guides are available on the NZIS website (as pdf files)

A Guide for Employers in New Zealand (NZIS 1031)
A Guide for Working in New Zealand ( NZIS1016)

NZIS website can be found at www.immigration.govt.nz