As an employer, you play a crucial role in your migrant employees' immigration journeys. From initial work visa sponsorship through to residence applications, your support—particularly the documentation you provide—can make the difference between successful applications and delays or declines.
This guide explains how to effectively support your employees' visa applications.
Your Role in the Immigration Process
Types of Support Needed
Employers typically provide:
Work Visa Sponsorship: Active involvement in AEWV applications including accreditation and Job Check.
Residence Support: Providing employment evidence for residence applications like Skilled Migrant Category.
Documentation: Letters, contracts, and other evidence confirming employment.
Information: Answering Immigration NZ verification queries.
Why Your Support Matters
Essential Evidence: Employment documentation is required for most visa categories.
Credibility: Employer-provided evidence is considered reliable.
Verification: INZ may contact you to verify information.
Speed: Good documentation helps applications process faster.
Work Visa Support (AEWV)
Employer Accreditation
Before sponsoring workers:
Obtain Accreditation: Standard, High-Volume, or Labour Hire accreditation.
Maintain Compliance: Keep accreditation current and follow conditions.
Understanding Obligations: Know what you commit to as an accredited employer.
Job Check Applications
For each position you're filling with a migrant:
Genuine Role: The position must be genuine and ongoing.
Market Rate Wages: Pay must be at or above relevant thresholds.
Labour Market Test: Demonstrate genuine recruitment attempts (for most roles).
Accurate Details: Role description, hours, and conditions must be accurate.
Supporting the Worker's Application
Once Job Check is approved:
Job Token: Provide the worker with the Job Check reference.
Timing Coordination: Coordinate application timing with the worker.
Start Date Flexibility: Allow for processing time in start date expectations.
Additional Documents: Provide any additional employer documents requested.
Residence Application Support
Skilled Migrant Category
Your employees may seek residence through SMC:
Employment Evidence: Central to their points claim for skilled employment.
Role Confirmation: Evidence that their role matches their claimed occupation.
Wages Verification: Confirmation of salary meeting thresholds.
Duration Evidence: How long they've been employed and expected continuation.
Green List Residence
For Green List occupations:
Role Matching: Confirming the position matches Green List occupation.
Professional Standards: Some roles require industry registration or standards.
Ongoing Employment: Evidence employment is ongoing or intended to continue.
What INZ Looks For
Immigration NZ assesses:
Genuine Employment: Real job with real duties and appropriate compensation.
Occupation Match: Role matches what applicant claims for points purposes.
ANZSCO Alignment: Position aligns with claimed ANZSCO occupation code.
Sustainability: Employment expected to continue—not just temporary.
Essential Documentation
Employment Letters
Standard employment letters should include:
Company Details: Letterhead with company name, address, contact details.
Employee Details: Full name as on passport, date of birth, position held.
Employment Dates: Start date and (if relevant) end date.
Position Description: Clear description of duties and responsibilities.
Hours: Full-time or part-time, weekly hours.
Wages: Hourly rate or salary, pay frequency, and gross annual equivalent.
Signature: Signed by authorized person with their title and date.
Additional Employment Documents
Depending on application type:
Employment Agreement: Copy of current signed agreement.
Position Description: Detailed job description document.
Pay Slips: Recent pay slips confirming wages.
Organizational Charts: Showing role in organization structure.
Qualification Requirements: Evidence of qualifications required for role.
Common Documentation Errors
Vague Descriptions: Descriptions too generic to verify skilled nature of role.
Missing Details: Forgetting to include salary, dates, or hours.
Inconsistencies: Details that don't match what employee stated.
Unsigned Letters: Letters without proper authorization.
Outdated Information: Old documents that don't reflect current situation.
Writing Effective Letters
Employment Verification Letters
For verifying current employment:
[Company Letterhead]
[Date]
TO WHOM IT MAY CONCERN
EMPLOYMENT VERIFICATION: [Employee Name]
This letter confirms that [Employee Full Name], passport number [XXXXXXXX], date of birth [DD/MM/YYYY], is currently employed by [Company Name] in the position of [Job Title].
Employment Details:
- Start Date: [DD/MM/YYYY]
- Employment Type: [Permanent/Fixed-term]
- Hours: [XX] hours per week
- Salary: $[XXXX] per annum / $[XX.XX] per hour
- Location: [Work address]
Role Description: [Detailed description of actual duties and responsibilities]
We confirm this employment is ongoing and the position is not intended to end.
[Authorized signature] [Name] [Title/Position] [Contact details]
Letters for Residence Applications
For residence purposes, add:
Professional Requirements: Qualifications or registration required for role.
ANZSCO Match: How the role aligns with claimed occupation.
Skill Level: Evidence the role is skilled (decision-making, qualifications used, etc.).
Career Progression: Any relevant advancement or increased responsibility.
Responding to INZ Verification
Verification Requests
INZ may contact you to verify:
Employment Ongoing: Confirming the employee still works for you.
Role Accuracy: Verifying duties match what was claimed.
Wages Confirmation: Checking salary claims are accurate.
Legitimacy: Ensuring the employment relationship is genuine.
How to Respond
Respond Promptly: INZ sets deadlines—meet them.
Be Accurate: Provide truthful, verifiable information.
Keep Records: Document what you've provided.
Alert Employee: Let your employee know verification occurred.
Red Flags to Avoid
Inconsistent Information: Information that contradicts application.
Unexplained Changes: Significant changes since application without explanation.
Unavailable for Contact: Employer can't be reached or won't respond.
Suspicious Arrangements: Roles that appear contrived for visa purposes.
Timing Considerations
Application Coordination
Advance Notice: Employees should give notice of documentation needs.
Processing Time: Allow time for letters to be prepared and signed.
Current Information: Documents should reflect current situation.
Expiry: Some documents have limited validity—timing matters.
Around Visa Expiry
Renewal Applications: Support timely applications before expiry.
Interim Visa: Employees with pending applications have interim visa—employment continues.
New Hires: Verify visa status before employment begins.
Best Practices
Establish Processes
Documentation Templates: Standard templates for common requests.
Authorized Signatories: Clear authorization for who signs immigration documents.
Record Keeping: Maintain copies of documents provided.
Response Procedures: Process for handling INZ verification requests.
Supporting Your Team
Information Sharing: Keep employees informed about their visa obligations.
Timely Action: Don't delay documentation requests.
Expertise Access: Connect employees with licensed immigration advisers.
Training: Ensure HR/payroll understand immigration document requirements.
Frequently Asked Questions
What if my employee's wages change after the visa application?
Notify the employee so they can advise INZ if significant. Decreases below thresholds may affect visa eligibility—seek advice.
Can I charge employees for providing documentation?
No. Employers cannot charge workers for immigration-related documentation required for their employment.
What if the employee leaves before the visa is processed?
Notify the employee. Their application may be affected if employment evidence is central. They may need to find alternative employment.
How detailed should job descriptions be?
Detailed enough that INZ can understand the actual work. Generic descriptions don't demonstrate skilled work—be specific about duties and responsibilities.
What if INZ asks about a former employee?
Respond honestly based on your records. You're not obligated to speak positively but must be truthful.
Need help understanding employer immigration obligations? Find a licensed immigration adviser who can guide you through supporting employee visa applications.