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Work Visa Objectives, and
Information
Using Your Discretion (ETIs)
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November 2022
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• What is an ETI?
• What do instructions say?
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• What are our objectives/what are they about?
• Considering an ETI
• ETI examples
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• Documenting an ETI
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• When not to ETI
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What is an Exception to Instructions (ETI)?
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• It’s a tool to allow a visa to be issued, despite the visa
application not meeting immigration instructions
• It recognises that immigration policy is not perfect
•
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Sometimes an ETI is the best way for us to meet the overall
objectives, balance the situation of clients and employers, and
to enable the best outcome for NZ
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What do instructions say? Act
• Immigration Instructions E7.10(b):
“If an application fails to meet the requirements of temporary
entry instructions, officers must then consider all the
circumstances of the application to see if an exception
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to
instructions is justified, taking into account the objectives of
temporary entry instructions and the situation and purpose of
the applicant.”
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What are objectives about?Act
What are you/we trying to achieve?
There are objectives at E1 (generic temp), and also at W1 (generic work)
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– have you read them?
Understanding the objectives helps us make a robust
holistic assessment when consid
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ering an ETI
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Remember: You are not a gatekeeper
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So what are the temporary work visa
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objectives specifically?
W1 Objective
1.The objective of work visa instructions is to contribute to developing New Zealand's human capability
base.
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2.Work visa instructions seek to achieve this by:
1.
facilitating the access of New Zealand employers and New Zealand industry to global skills and
knowledge; while
2.
complementing the Government's education, training, employment and economic development
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policies; and
3.
ensuring that the employment in New Zealand of non-New Zealand citizens and residence class
visa holders does not undermine the wages and conditions of New Zealand workers.
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In a policy sense, this is what we are here to achieve! ☺
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Category Objectives: Specific
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Purpose Work Visa
WS1 Objective
The objective of the Specific Purpose or Event Instructions is to facilitate entry to New Zealand for a specific purpose or event for
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which the applicant has demonstrated skills, expertise or attributes that are likely to benefit individuals and/or New Zealand and
where there is no risk of a negative impact on opportunities for New Zealand citizens or residents.
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What other kinds of things should we consider?
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Remember our ETI instructions at E7.10(b)?
When considering an ETI, we also need to take into account the
circumstances of the application as well as the situation and purpose of
the applicant
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What are some examples?
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Is there actually any real risk in
Is the issue the client’s fault?
granting an ETI?
Does the client work in a high value industry
Who else would step into the role if
(even if low-skilled), such as caregiving,
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not this client/is the role urgent?
hospitality, wineries, etc?
Does it otherwise meet the
Have they studied high level NZ quals, or shown
objectives/instructions, such as
a clear pathway of increasing skill that NZ might
supporting NZ businesses?
like to retain?
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Is the role on an SSL or the under
Is the client already doing the job?
supply list – does the client almost
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meet SSL requirements?
What is their immigration history like?
Is the location of employment or type
Would they otherwise have a potential
of position difficult to recruit for?
pathway to PR?
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Is it an opportunity to educate, rather
How long has the client spent in NZ?
than being punitive – short term visa
to train someone?
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Considering an ETI
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• You must consider an ETI when declining an application
• An ETI is not the norm – you must weigh and balance each situation
• An ETI should be made only when there is satisfactory evidence
available to justify an exception being madeInformation
• Remember you’re working on behalf of the Minister, for New Zealand
• Application has unique circumstances:
- It doesn’t quite meet instructions but
still meets objectives, or
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- The circumstances of an individual applicant are such that refusal is
likely to cause a significantly adver
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Example of ETI #1
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Specific Purpose Work Visa Application:
• A Client has been offered a National Development Contract to work as a
contracted Rugby Player for NZ Rugby and Manawatu Rugby.
• Client was not eligible for a further visa under Column D as he was initially
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granted 12 months visa.
• Due to COVID -19 lockdowns the client was not able to play many of the games
that he was contracted to play.
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What is best for New Zealand?
Would you be likely to ma
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ke an ETI –why/why not?
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Example of ETI #2
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Dependent of an Accredited Employer Work Visa Application:
• Client’s supporting parent holds a position as a Herd Manager.
• The parent’s employment agreement states that on a 30 hour (guaranteed
hours) week, they earn slightly less than the $43,322.76 p.a. required under
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V3.10.10(b)
• The applicant has provided solid evidence that they usually work over 50
hours a week and will continue to do so.
• No other risks attached.
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What is best for New Zealand?
Would you be likely to make an ETI – why/why not?
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Is there any other ways we could address this?
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Example of ETI #3
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Foreign Fishing Crew Work Visa Application:
• Client has an offer to work as a Deckhand on a Gisborne based vessel, being paid
median wage for all hours worked.
• Documents requested under RFI show the employer hasn’t kept time and wage
records for employees.
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• The same non-compliance was identified with a previous application; this was
approved as an ETI and employer education was undertaken.
• In the PPI response, the employer has shown a timesheet template to be used in
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future and stated non-compliance was a genuine error.
• The employer has requested an ETI, stating no NZers are available, and that
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without foreign crew the vessel cannot be operated, meaning
quota would not be caught and the employer’s company would
fail.
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What is best for New Zealand?
Would you be likely to make an ETI – why/why not?
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Documenting an ETI Act
In the event of a decline decision where an applicant identifies matters that they
consider warrant an exception, Immigration Officers
must address those matters when
documenting the decision in-house,
and when communicating the decision to the
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client (eg: Where someone has asked for an ETI due to inadequate genuine attempts)
Essentially, just remember to document your rationale/reasons for
granting or not granting an ETI, especially whe
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re an ETI has been
specifically requested
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Documenting an ETI: ETI Unjustified
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• Complex responses can be summarised
• You can note in the decision letter for a declined application that an
exception was considered but not given, and provide a short
explanation. ETIs are mentioned in template letters, so just include
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your rationale below that
• If there is no case made at all by a client, you can just note this, and
also note in the application that an exception was considered but not
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given. This is also automatically mentioned in template letters and you
do not need to supply additional rationale
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Documenting an ETI: AMS Act
Determination Screen
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ETI Determination:
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Remember to click
“Yes” on me!
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When NOT to ETI
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These scenarios would not
normally justify an ETI unless
discussed prior with a TA/IM:
•
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An ETI for character if a character waiver was declined
• An ETI for health if client was found “Not ASH”, and is not
eligible for a waiver (unless recommended by the MA)
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• Clearly non-compliant Employer
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• Recently arrived and low skilled (ie: of lower value to NZ)
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• An ETI is a tool to help IOs meet overall INZ objectives – make
sure you know your objectives
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• You must consider an ETI, and the case for and against making
one, including undertaking a holistic assessment of the wider
circumstances
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• You must provide rationale/reasons for granting, or not
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granting an ETI, both in your decision notes and in your
decision letter
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Questions?
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Document Outline
