Employing Overseas Workers

Employing overseas workers can have benefits for your business beyond filling vacancies that cannot be filled by New Zealanders.  Workers from overseas can bring different experience and understanding to a role as well as fresh ideas, new networks and contacts.

There are several different ways for people from outside New Zealand to legally work in this country.  If you want to recruit workers from offshore, you will need to decide on the best option for your situation. 

There are a number of options you have for employing overseas workers

• Skilled Migrant Category


• Becoming an Accredited Employer


• Long Term and Immediate Skill Shortage Lists


• Approval in Principle

1. Under the Skilled Migrant Category, overseas workers with the right mix of skills, qualifications and experience can apply for permanent residence.  It is a two stage process where the applicant makes an Expression of Interest and may then be chosen from a pool by the Immigration Service.  Changes have been made recently to broaden the list of skilled occupations and recognized trade qualifications. 

2. Accreditation allows an employer to recruit employees from offshore without having to show that there are no local people available to fill the position.  Overseas workers can then apply under the Talent (Accredited Employers) Work Policy.  Accreditation may be a good option when you need to recruit talented staff offshore now, or you think you will need to do so in the future.

3. The Long Term and Immediate Skill Shortage List help overseas workers who can meet certain occupational criteria to work in New Zealand.  Employers looking for staff in occupations on the Lists do not have to prove they cannot find staff in New Zealand.  There are over 100 occupations on these lists, including Arborists, Architects, Bakers, Builders, Jockeys, Scaffolders and Radiologists.  

4. An Approval in Principle allows an employer to employ workers from overseas in occupations that are not on the Long Term or Immediate Skill Shortage Lists.  To have a request for an Approval in Principle accepted, employers have to show that there are no New Zealanders available locally who can fill the position (the 'labour market test').  An Approval in Principle may be the best option when you have a number of positions that need to be filled or you do not yet have anyone lined up to fill the position. 

The labour market test requires New Zealand employers to show that they have made genuine efforts to recruit locally, but have been unable to find people within New Zealand to fill a temporary worker shortage.

Before examining these options, there are some general requirements to consider.

To be eligible for lawful employment in New Zealand, workers from overseas need to meet a number of general conditions, such as being in good health and good character.  While they are working for you, they must meet any conditions specified in their permit and only stay in New Zealand for the time allowed. 

Overseas workers are responsible for ensuring they have a valid work permit.  Without one, they cannot work in New Zealand, and it is illegal for you knowingly to employ them without a valid permit.  By reminding your work-permit-holding staff to keep their permits up to date, you are making sure you do not lose a valuable resource. 

For more information, please contact:

Ian McCombe
Partner
t: +64 9 979 2159
e: Ian McCombe

Last updated: 9 July 2007

This article is intended to be brief in nature and should be used for information only. It should not be relied on as legal advice.