UNCLASSIFEID
SOP – Assess overall eligibility (Skilled
Residence General)
Date Published: 25 September 2023
Classification: Unclassified
When to use
When assessing a skilled residence application unde
r Skilled Migrant Residence Instructions.
Role
• Immigration Officer (IO)
• Technical Advisor (TA)
Context and guidelines
This SOP sets out the overal assessment criteria for an application under the Skil ed Residence
Instructions.
To complete a full assessment of an applicant's overall eligibility for Skil ed Residence:
• Follow this SOP and any associated/linked SOPs,
• Follow closely with the specific Skilled Residence eligibility SOP for eligibility under the specific
skilled residence category: SMC and WTR
Use the relevant Skil ed Residence Visa Assessment Template located in th
e INZKit to document the
assessment and decision-making process. Ensure Initial Assessments, any Subsequent Assessments
and Final Assessments are captured in AMS.
• Complete the relevant section of the determination tab in AMS as the assessment progresses.
Assessment Templates
•
SMC Visa Assessment Template individual
•
SMC Visa Assessment template family
•
WTR Visa Assessment Template individual
•
WTR Visa Assessment Template family
Steps
1. Ensure al data entry in AMS is accurate
Review the application and ensure that the fol owing have been checked and are accurate for
each applicant:
•
Client Details tab is complete and correct
•
Travel document tab is complete and correct
•
Address tab
is complete and correct
•
Application Contact(s) tab is complete and correct
•
Family tab is complete and correct
2. Check for any partners or children who must be included in the application
Check the client contacts report to determine if there are any partners or dependent children
holding or applying for a visa based on their relationship to the principal applicant (PA)
UNCLASSIFIED
SOP – Assess overall eligibility (Work to residence)
UNCLASSIFEID
S
ee VisaPak 508 Residence Applications Involving Family Members
If…
Then…
The PA has a partner and/or children who
• Contact the PA and raise the issue
hold, or are applying for a visa, based on
• Confirm whether it was intentional
their relationship to the PA, but those family
to not include any dependants on
members are not included in the residence
the application
application
. R2.40(d)
• If it was intentional, note the
concern and go to next step.
• If the applicant requests to add
their dependants send INZ1278
form for completion and request
this to be uploaded to their online
application.
• Once received, add the applicant(s)
using th
e standard process.
Note: A partner or dependent child
who has applied in the past for a visa
based on their relationship to the
principal applicant for a residence class
visa, but who does not currently hold a
visa based on that relationship and
does not have an application based on
that relationship being processed, does
not have to be included in the
residence application under Regulation
20 (as reproduced at R2.40 d). (VisaPak
308.
S
ee VisaPak 508
3. Assess identity
Refer to
SOP - Assess identity to establish the identity of all applicants included on the
application.
4. Assess character
Refer to
SOP – Assess character (residence) to complete a character assessment for all
applicants.
5. Assess health
Refer to
SOP – Assess health (residence)to complete a health assessment for all applicants.
6. Ensure any required third-party checks are underway
S
ee SOP - Make and monitor third party checks.
• Ensure any required third-party checks have been requested at the lodgement stage and are
underway. Action this step, if not requested.
UNCLASSIFIED
SOP – Assess overall eligibility (Work to residence)
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Third-party checks should be monitored throughout the application process and actioned as
appropriate (for example if further information is needed).
7. Assess English language ability
Refer to
SOP – Assess English (PA) and/or
Assess English (SAs) to complete an assessment of the
English language ability of the principal applicant and any secondary applicants aged 16 or older.
Note: If
assessing a WTR (Skil ed Residence) application between Sept 29, 2023, and
October 9 2023, the English language tab in AMS must be completed before the
determination questions.
8.
Assess Partnership or Dependent Children
If…
Then…
The PA has no partner or children included
Go to next step
on their residence application and has no
dependants holding (or applying for) a visa
based on their relationship to the PA
The PA has a partner and/or children who
See
SOP – Assess partnership
hold (or are applying for) a visa based on
(residence) and/or
SOP – Assess
their relationship to the PA, and those same
dependent children (residence).
family members are included in the
Then, continue to next step.
residence application
Note: If any additional applicants are added after the application has been lodged, the
applicant should send the INZ1001 form directly to their IO.
The applicant(s) should then be added fol owing the standard process.
9. Manual y triage application and consider risk
• Identify whether there are any relevant risk rules, active applicant or employer
alerts/warnings or other information indicating the potential presence of any specific risk
• Refer to
SOP - Assess risk and conduct verification and consider the results throughout the
assessment of the application, taking appropriate action as required.
Note: Ensure AMS and ADEPT are both checked for alerts and warnings as the two systems
may not mirror each other. This includes warnings that may be placed on the employer in
AMS and/or ADEPT.
In rationalising or further actioning an alert or warning, consider any discrepancies between
the two systems, using the most up to date alert and/or warning.
S
ee ADEPT User Guide, 2.10.1 Viewing Alerts and Warnings (applicants) & See ADEPT
employer accreditation and job check user guide, 2.7.10 Alerts and warning (Employers)
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SOP – Assess overall eligibility (Work to residence)
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10. Continue to determine overall eligibility
Refer to the relevant Overall Eligibility SOP to assess the application under the correct
instructions:
SOP – Assess overall eligibility (SR3)
SOP – Assess overall eligibility (Work to Residence)
END.
UNCLASSIFIED
SOP – Assess overall eligibility (Work to residence)
SOP – Assess overall eligibility SMC (SR3)
Date Published: 25 September 2023
Classification: Unclassified
When to use
When assessing a residence application under the Skilled Migrant Category (SMC).
Role
• Immigration Officer (IO)
• Technical Advisor (TA)
Context and guidelines
This SOP sets out the overall assessment criteria for an application under the SMC.
To complete a full assessment of an applicant's overall eligibility for residence under
SR3 Skilled
Migrant Category:
• Follow this SOP and any associated/linked SOPs, and
• Use the SMC Visa Assessment Templates to document the assessment and decision-making
process. Ensure Initial Assessments, any Subsequent Assessments and Final Assessments are
captured in AMS.
• Complete the relevant section of the determination tab in AMS as the assessment
progresses.
Prerequisites
• Assess overall eligibility (Skilled residence general)
Assessment Templates
•
SMC Visa Assessment Template individual
•
SMC Visa Assessment template family
Steps
1. Check whether any false or misleading information was provided in the EOI
If, on initial assessment, the
Then…
information provided in the EOI…
Is not considered false and misleading
Requirement met
Go to next step
Is considered false or misleading
The application cannot be approved.
Do not complete ful assessment, go to
Step 6.
Note: If a full assessment of the remaining
application is not undertaken, this should be
communicated to the applicant when the
decision is made. The case summary should also
UNCLASSIFIED
SOP – Assess overall eligibility SMC
clearly outline which aspects of the application
have been ful y assessed.
END.
2. Confirm the principal applicant (PA) meets the SMC age requirements (SR3.10(b)(i))
If the PA was…
Then…
Under 56 when the application was
Requirement met. Note and continue to next
lodged
step.
56 or older when the ap plication was
The application cannot be approved.
lodged
Do not complete full assessment, go to
Step 6.
Note: If a full assessment of the remaining
application is not undertaken, this should be
communicated to the applicant when the
decision is made. The case summary should also
clearly outline which aspects of the application
have been ful y assessed.
END.
3. Assess the principal applicant’s skil ed employment (SR3.20)
See
SOP - Assess skil ed employment to determine whether:
• the PA has current employment or an offer of employment in New Zealand, and
• holds professional registration, if it is required by law, and
• the employment:
o is full-time and
o is with an accredited employer and
o meets the relevant wage threshold(s) and
o is permanent or for a fixed term of at least 12 months (or meets the
requirements for a contract for services), and
o is genuine and not offered as the result of payment, and
o is substantial y consistent with the ANZSCO occupation. If there are concerns,
this may also include a substantial match assessment and/or a suitably qualified
assessment.
4. Assess the principal applicant’s eligibility for points claimed (SR3.25)
If the PA has claimed points for…
Then…
Income
See SOP – Assess income
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SOP – Assess overall eligibility SMC
Qualification
See SOP – Assess qualification
NZ registration, licencing or
See SOP – assess NZ registration, licencing or
certification
certification
Work experience
See SOP – assess work experience
If the PA is not eligible for at least 6 points from the category or categories they have claimed,
assess whether they meet the requirements to be eligible for points under any other skil
category. Se
e Immigration Instructions R5.20.
5. Confirm the PA meets the skil ed employment requirements and qualifies for 6 points from
either one skil catego ry (income, qualification, NZ registration) or a combination of one skil
category and their New Zealand skil ed work experience.
If…
Then…
No concerns are identified
Requirements are met. Go to next step.
Concerns are identified
These should be noted and communicated to the
PA after a full initial assessment of the
application has been undertaken.
Go to next step.
6. Determine overal eligibility and next steps
If…
Then…
The application has completed
Transfer the application into
Queue, Pending
assessment pending only return of
SMC
NSC Check, NZPC, foreign PC or
completion of deferred medical
requirements
The application requires
Transfer the application into
Not Allocated,
consideration of a Waiver by a TA
Waivers
Any concerns have been noted
See SOP – communicate
potentially prejudicial
during the assessment of the
information (PPI)
application
•
• If any concerns require escalation, consider a
No Surprises process. See
VisaPak 497 No
Surprises Fact Sheets.
Note: All applications are to be quality checked,
transfer
to Not Al ocated, Res Review
No concerns have been noted and all • Make sure al questions under the
requirements are met
Determination and
English tabs in AMS have
been completed, then
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SOP – Assess overall eligibility SMC
• Manually triage the application again to
ensure all potential risks have been
appropriately identified.
• Undertake appropriate action to mitigate any
additional risks identified, if applicable,
before finalising the application.
• Transfer the application to
Not Allocated,
Res SMC QC
• See
SOP – Approve in principle.
END.
UNCLASSIFIED
SOP – Assess overall eligibility SMC
SOP – Assess skilled employment SMC (SR3)
Date Published: 25 September 2023
Classification: Unclassified
When to use
When assessing an applicant’s skilled employment under the Skilled Migrant Category (SMC).
Role
• Immigration Officer
Context and guide lines
This SOP outlines how to assess the offer of skilled employment or ongoing employment for SMC.
To complete a full assessment of an applicant's offer of employment or ongoing current
employment,
• follow this SOP and any associated/linked SOPs, and
• Use the below visa assessment templates to document the assessment and decision-making
process.
•
SMC Visa Assessment Template individual
•
SMC Visa Assessment template family
Prerequisites
• SOP – Assess overall eligibility
• SOP - Assess risk and conduct verification
Steps
1. Check the evidence provided
a. Check whether evidence of employment has been submitted with the current
application
• Employment may be either an offer of employment or current ongoing employment
in New Zealand.
• Evidence must include an employment agreement and a job description that
specifies, the occupation, hours, and remuneration of the employment. (See
SR3.20(d)).
If evidence of employment…
Then…
Has been provided
Go to
Step 2
Has not been provided
Go to
Step 1b
b. Check whether evidence has been submitted with a previous application
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SOP – Assess skil ed employment SMC
• In the
Application tab in AMS go to the applicant’s most recently approved
application
• Depending on where the application was processed, open IGMS or ADEPT
• For application in ADEPT
• Select the Visa application
• Select
documents tab
• Open the supporting documents and check for evidence of employment
If evidence of employment…
Then…
Has been provided and is sufficient • Proceed to process the application using this
to establish a curre
nt offer of
evidence
employment
• Go to next step
Some evidence has been provided Continue assessing skil ed employment with the
but is not complete
information available by following this SOP but
ensure that the required information is requested
and assessed before making the final decision.
Has not been provided or is not
• Note the concern
sufficient to establish a current
• Go to
Step 9
offer of employment
END.
2. Determine whether the employment is ful -time
See SR3.20(b)(i).
If…
Then…
Is full-time, i.e., amounts to at
• Requirement met.
least 30 guaranteed hours per
• Go to next step.
week for every week worked
The PA is an independent midwife
practitioner who meets the
requirements at SR3.20(e)).
The employment is not ful -time
• Note the concern
(and the PA is not an independent • Go to next step.
midwife practitioner who meets
the requirements at SR3.20(e))
3. Determine length of employment contract
If…
Then…
The applicant’s employment is
• Requirement met.
permanent (SR3.20(b)(iii)
• Go to next step.
The applicant’s employment is
fixed term for at least 12 months
(SR3.20(b)(iii)) and there is a
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SOP – Assess skil ed employment SMC
genuine reason based on
reasonable grounds for the fixed
term (see relevant information on
th
e Employment New Zealand
website).
The applicant has an acceptable
contract for services (see
SR3.20(c), including determining
whether the applicant meets the
requirements for a t least 12
months of skil ed w
ork experience
in New Zealand (SR3.35 and SOP -
SOP – Assess skil ed work
experience))
The PA is an independent midwife
practitioner who meets the
requirements at SR3.20(e)).
The applicant’s employment does
• Note the concern
not meet any of the requirements • Go to next step
above (i.e., for permanent, fixed
term or contract for services)
4. Identify the applicant’s occupation (employment or offer of employment) as set out on the
Australian and New Zealand Standard Classification of Occupations (ANZSCO)
Refer to the Immigration NZ view o
f ANZSCO version 1.3 as provided by Statistics New Zealand.
Locate the occupation listing on the ANZSCO.
If the occupation is…
Then…
Listed
Go to next step.
Not listed
• Note that the applicant needs to meet the
requirement for ANZSCO skill level 4 or 5
occupation
• Go to next step
5. Identify whether there are any relevant risk rules, active applicant or employer
alerts/warnings or other information indicating the potential presence of any specific risk
indicating that the applicant’s role may not be genuine.
If…
Then…
No concerns are Identified
Go to next step
Concerns are identified
A detailed assessment may be needed
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SOP – Assess skil ed employment SMC
See relevant steps in SOP – Undertake a
detailed assessment of employment.
6. Determine the ANZSCO skil level of the applicant’s role
• Check the applicant’s role title matches the ANZSCO code provided
and aligns with the
ANZSCO (6-digit) description for that occupation
S
ee ANZSCO website for more details
If, after an initial assessment…
Then…
There is enough ev
idence to be satisfied that
requirement met, detailed ANZSCO
the applicant’s rol e matches the description
assessment is not required
• Note the skil level as set out in
ANZSCO
• Go to next step
There is not enough evidence to be satisfied
A detailed ANZSCO assessment is
that the applicant’s role matches the
needed.
description
See steps 5 and 6 of SOP – Undertake
a detailed assessment of
employment
7. Determine whether any registration requirements are met
a. Check Appendix 16 to determine whether the role requires registration
If the role …
Then…
Does not require
Go to
Step 8
registration.
Requires registration Go to next step
b. Check whether evidence of registration has been provided
If evidence of registration…
Then…
Has been provided
Go to
Step 8
and
is satisfactory
Has not been provided
Go to
Step 7c
c. Check whether evidence of registration has been provided in a previous application
• In the
Application tab in AMS go to the applicant’s most recently approved
application
• Depending on where the application was processed, open IGMS or ADEPT
• For application in ADEPT
• Select the Visa application
UNCLASSIFIED
SOP – Assess skil ed employment SMC
• Select
documents tab
• Open the supporting documents and check for evidence of registration
If evidence of registration…
Then…
Has been provided
• Proceed to process the application using this
evidence
and
• If required, verify the PA’s registration. Links
is valid
to relevant public registers is located
here.
• Go to next step
Has not been provided
• Note the concern
• Go to next step
or
is unsatisfactory
8. Determine whether the skil ed employment meets the remuneration requirements
a. Note or calculate (as required) the applicant’s remuneration (see SR2.5).
If…
Then…
The applicant is paid an hourly rate The remuneration for the purposes of their
application under the SMC will be the guaranteed
payment per hour as stated in their employment
agreement.
The applicant is paid by salary
Divide the salary by 52 weeks (for annual salaries,
including provisions as set out in
or by the number of weeks for other salaries),
SR2.5(f)
then by the number of hours worked per week as
stated in the employment agreement. If the
agreement specifies a range of hours, divide by
the maximum hours stated in the agreement.
The applicant’s hours of work are
See SR2.5.1.
variable
The applicant is required to work
See SR2.5.5.
overnight but is able to sleep
during this time
b. Note the remuneration requirement for the applicant’s role (SR3.20(a)).
If the occupation is listed at…
The remuneration must be at least…
ANZSCO skill level 1, 2, or 3
Check if the job offer meets the median wage
requirement at the time of application (or ITA).
(Whichever is more favourable) (see SR3.10(c)).
ANZSCO skill level 4 or 5 or not
Check if the job offer is 1.5 times the median
included in the ANZSCO
wage requirement at the time of application (or
ITA). (Whichever is more favourable) (see
SR3.10(c)).
UNCLASSIFIED
SOP – Assess skil ed employment SMC
c. Determine whether the applicant earns at least the minimum remuneration required for
their ANZSCO skill level:
If the applicant…
Then…
Meets the remuneration
Go to next step.
requirement
Does not meet the remuneration
Note the concern and go to the next step.
requirement
9. Check whether the employer is accredited
The applicant’s employer must have current accreditation at the time the residence application
was made or when it is decided (SR3.20(b)(ii)). See
SOP – Check employer accreditation in
ADEPT.
If…
Then…
The employer has current
Requirement met.
accreditation
Go to next step
The employer’s accreditation has
expired but was current at the
Note:
If there are concerns regarding employer
time the application was made
compliance post accreditation or if there are
alerts/warnings placed on the employer since the
accreditation, note the concern and go to
next
step
The employer does not have
• Note the concern
current accreditation, nor did they • Go to next step
have current accreditation when
the application was made
The employer’s accreditation is
suspended
10. Update visa assessment template with the outcome of the skil ed employment assessment
Then proceed with other relevant SOP(s) to continue assessing the application.
If…
Then…
No concerns were identified
Skil ed employment requirements are considered
met.
Concerns were identified
These should be addressed through
requesting
further information (RFI) or requesting comment
o
n potentially prejudicial information (PPI) after
assessing the other aspects of the application.
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SOP – Assess skil ed employment SMC
END.
UNCLASSIFIED
SOP – Assess skil ed employment SMC
UNCLASSIFIED
SOP – Assess skil ed employment SMC
UNCLASSIFIED
SOP – Assess English SMC (principal applicant)
Date Published: 25 September 2023
Classification: Unclassified
When to use
When assessing the English language ability of a principal applicant (PA) for residence under the
Skilled Migrant Category (SMC).
Use the below visa assess ment templates to document the assessment and decision-making process.
•
SMC Visa Assessment Template individual
•
SMC Visa Assessment template family
Role
• Immigration Officer
Guidelines
• Skil ed residence applications must be declined if the PA does not meet the minimum standard
of English required.
• In any case, an immigration officer may require a principal applicant to provide an English
language test result to determine whether the PA meets the minimum standard of English.
However, full consideration must be given to all evidence of English language ability provided
before a decision to request an English language test is made. If such a test result is requested,
the reason(s) behind the decision must be clearly documented and conveyed to the applicant.
See also
SOP – Assess English (secondary applicants)
Steps
1. Check the application declaration and type of evidence provided to determine how the
applicant is claiming to meet the minimum standard of English
If the applicant …
Then…
Has provided an English language
Go to
step 2.
test result from a provider set out
in SR2.10.5
Is claiming to meet the
Go to
step 4.
requirements through citizenship
of Canada, Ireland, the United
Kingdom (UK) or United States of
America (USA)
Is claiming to meet the
Go to
step 5.
requirements by holding an
applicable qualification
UNCLASSIFIED
SOP – Assess English SMC (principal applicant)
UNCLASSIFIED
2. Check whether the test result is valid
If, at the time the application was
Then…
lodged, the English language test
result was…
More than two years old
Go to
step 4 to determine whether they can meet
the English language requirement through other
means.
No more than two years old
Go to next step.
3. Check whether the test type and result is acceptable
Refer to the requirements for acceptable English language test results for principal applicants as
set out at SR2.10.5.
If the test and result is…
Then…
Acceptable
English language requirements are considered
met. Go to
step 6.
Not acceptable
Continue to next step to determine whether they
can meet the English language requirement
through other means.
Note: If a risk is identified, engage with Risk and Verification to verify the result by
making a Risk Treatment Referral. See
SOP - Assess Risk and Conduct Verification.
4. Determine whether the applicant meets the criteria to have their language ability recognised
through citizenship
A PA may demonstrate meeting the minimum standard of English through citizenship of one of
the fol owing countries, provided they have spent (and provided evidence of) at least five years
in work or education in one or more of those countries or Australia or New Zealand:
• Canada
• Ireland
• UK
• USA
If the PA…
Then…
Meets the requirements above
English language requirements are considered
met. Go to
step 6.
Does not meet the requirements
Continue to next step to determine whether they
can meet the English language requirement
through study towards a qualification.
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SOP – Assess English SMC (principal applicant)
UNCLASSIFIED
5. Determine whether the applicant meets the criteria to have their language ability recognised
through a qualification
A PA may demonstrate meeting the minimum standard of English through holding certain
qualifications.
a. Check where the qualification was obtained:
If the qualification was gained…
Then…
In:
Continue to
step 5(b) to determine how the
• Australia
qualification is recognised.
• Canada
• New Zealand
• Ireland
• UK
• USA
In another country
The PA does not appear to meet any English
language criteria. Note the concern and go to
step 6.
b. Determine how the qualification is recognised:
If the qualification…
Then…
Is on the List of Qualifications
Continue to
step 5(c) to determine the
Exempt from Assessment in
qualification is at the required level.
Appendix 17
OR
Has been assessed by NZQA (i.e.
the PA has supplied an
International Qualification
Assessment (IQA))
OR
The applicant has full or
provisional registration by a NZ
organisation authorised by law to
give occupational registration and
that registration involves an
assessment that their overseas
qualification(s) is comparable with
a NZ qualification that is included
on the LQEA
Does not meet any of the
The PA does not appear to meet any English
requirements above
language criteria. Note the concern and go to
step 6.
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SOP – Assess English SMC (principal applicant)
UNCLASSIFIED
c. Check the level of the qualification
If the qualification is comparable
Then…
to…
A New Zealand
level 7 Bachelor’s
English language requirements are considered
degree and the PA studied towards met. Go to
step 6.
that qualification for at least two
academic years in one or more of
these countries:
• Australia
• Canada
• New Zealand
• Ireland
• UK
• USA
A New Zealand
qualification at
English language requirements are considered
level 8 or above and the PA studied met. Go to
step 6.
towards that qualification for at
least one academic year in one or
more of:
• Australia
• Canada
• New Zealand
• Ireland
• UK
• USA
Neither of the above criteria
The PA does not appear to meet any English
appear to be met
language criteria. Note the concern and go to
step 6.
6. Update visa assessment template with the outcome of the assessment of the PA’s English
language ability
Ensure that al possible avenues have been considered (i.e. English language test result,
citizenship, qualification) before making a determination on English language ability.
If…
Then…
No concerns were identified
English requirements are considered met.
Proceed with other relevant SOP(s) to continue
assessing the application.
Concerns were identified
These should be addressed throu
gh requesting
further information (RFI) or requesting comment
on
potentially prejudicial information (PPI) after
assessing the other aspects of the application.
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SOP – Assess English SMC (principal applicant)
UNCLASSIFIED
END.
UNCLASSIFIED
SOP – Assess English SMC (principal applicant)
UNCLASSIFIED
SOP – Assess English SMC (secondary
applicants)
Date Published: 25 September 2023
Classification: Unclassified
When to use
When assessing the English language ability of any non-principal applicants (referred to as secondary
applicants or SAs) who are aged 16 or over for residence under the Skilled Migrant Category (SMC).
Dependent children unde r the age of 16 when the application is lodged are not required to meet a
minimum standard of Eng lish language ability.
Use the below visa assessment templates to document the assessment and decision-making process.
•
SMC Visa Assessment Template individual
•
SMC Visa Assessment template family
Role
• Immigration Officer
Guidelines
• Al SAs including partners and dependent children aged 16 and older who are included in an SMC
application must show that they meet a minimum standard of English to enable successful
settlement in New Zealand or pre-purchase ESOL tuition.
• In any case, an immigration officer may require an applicant to provide an English language test
result to determine whether they meet the minimum standard of English claimed. However, full
consideration must be given to all evidence of English language ability provided before a
decision to request an English language test is made. If such a test result is requested, the
reason(s) behind the decision must be clearly documented and conveyed to the applicant.
Secondary applicants also have the option to pre-purchase ESOL tuition.
See also
SOP – Assess English (principal applicant)
Steps
1. Check the application declaration and type of evidence provided to determine how the SA is
claiming to meet the minimum standard of English
If the applicant …
Then…
Has provided an English language
Go to
step 2.
test result from a provider set out
in SR2.10.20
Is claiming to meet the
Go to
step 4.
requirements through citizenship
of Canada, Ireland, the United
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SOP – Assess English SMC (secondary applicants)
UNCLASSIFIED
Kingdom (UK) or United States of
America (USA)
Is claiming to meet the
Go to
step 5.
requirements by holding an
applicable qualification
Has indicated that they wish to
Go to
step 6.
pre-purchase ESOL tuition
2. Check whether the te st result is valid
If, at the time the application was
Then…
lodged, the English language test
result was…
More than two years old
Go to
step 4 to determine whether they can meet
the English language requirement through other
means.
Less than two years old
Go to next step.
3. Check whether the test type and result is acceptable
Refer to the requirements for acceptable English language test results for non-principal
applicants as set out at SR2.10.20.
If the test and result is…
Then…
Acceptable
English language requirements are considered
met. Go to
step 6.
Not acceptable
Continue to next step to determine whether they
can meet the English language requirement
through other means.
Note: If a risk is identified, engage with Risk and Verification to verify the result by
making a Risk Treatment Referral. See
SOP - Assess Risk and Conduct Verification
4. Determine whether the applicant meets the criteria to have their language ability recognised
through citizenship
An SA may demonstrate meeting the minimum standard of English through citizenship of one of
the fol owing countries, provided they have spent (and provided evidence of) at least five years
in work or education in one or more of these countries or Australia or New Zealand:
• Canada
• Ireland
• UK
• USA
UNCLASSIFIED
SOP – Assess English SMC (secondary applicants)
UNCLASSIFIED
If the SA…
Then…
Meets the requirements above
English language requirements are considered
met.
Go to
step 6.
Does not meet the requirements
Continue to next step to determine whether they
can meet the English language requirement
through study towards a qualification.
5. Determine whether the applicant meets the criteria to have their language ability recognised
through a qualification
An SA may demonstrat
e meeting the minimum standard of English through holding certain
qualifications.
a. Check where the qualification was obtained:
If the qualification was gained…
Then…
In:
Continue to
step 5(b) to determine how the
qualification is recognised.
• Australia
• Canada
• New Zealand
• Ireland
• UK
• USA
In another country
The PA does not appear to meet any English
language criteria. Note the concern and go to
step 6.
b. Determine how the qualification is recognised:
If the qualification…
Then…
Is on the List of Qualifications
Continue to
step 5(c) to determine the
Exempt from Assessment in
qualification is at the required level.
Appendix 17.
OR
Has been assessed by NZQA (i.e.
the PA has supplied an
International Qualification
Assessment (IQA))
OR
The applicant has full or
provisional registration by a NZ
organisation authorised by law to
give occupational registration and
UNCLASSIFIED
SOP – Assess English SMC (secondary applicants)
UNCLASSIFIED
that registration involves an
assessment that their overseas
qualification(s) is comparable with
a NZ qualification that is included
on the LQEA
Does not meet any of the
The PA does not appear to meet any English
requirements above
language criteria. Note the concern and go to
step 6.
c. Check the level of the qualification
If the qualification is comparable
Then…
to…
A New Zealand
level 7 Bachelor’s
English language requirements are considered
degree and the PA studied towards met. Go to
step 6.
that qualification for at least two
academic years in one or more of:
• Australia
• Canada
• New Zealand
• Ireland
• UK
• USA
A New Zealand
qualification at
English language requirements are considered
level 8 or above and the PA studied met. Go to
step 6.
towards that qualification for at
least one academic year in one or
more of:
• Australia
• Canada
• New Zealand
• Ireland
• UK
• USA
Neither of the above criteria
The PA does not appear to meet any English
appear to be met
language criteria. Note the concern and go to
step 6.
6. Update visa assessment template with the outcome of the assessment of any secondary
applicant or applicants’ English language ability
If an applicant ….
Then…
UNCLASSIFIED
SOP – Assess English SMC (secondary applicants)
UNCLASSIFIED
Claims to meet the minimum
ensure that al possible avenues have been
standard of English (as opposed to considered (i.e. English language test result,
pre-purchasing ESOL tuition
citizenship, and/or qualification) before making a
determination on their English language ability
and/or requesting test results or ESOL tuition.
Has indicated that instead of
note this
meeting the minimum standard of
English, they wish to pre-purchase
ESOL tuition
If the application is approved in
further steps will be required to manage ESOL
principle
tuition payment and agreements (se
e SOP –
Approve in Principle and immigration instructions
at SR2.10.25 to SR2.10.60).
Has provided English test results
refer to SR2.10.30 to determine whether they
that don’t meet the minimum
are eligible to pre-purchase a reduced amount of
standard set out at SR2.10.20
ESOL tuition.
Proceed with other relevant SOP(s) to continue assessing the application.
END.
UNCLASSIFIED
SOP – Assess English SMC (secondary applicants)
SOP – Assess income (SR3)
Date Published: 25 September 2023
Classification: Unclassified
When to use
When assessing an SMC application where the principal applicant (PA) has claimed points under the
income skill category.
Use the below visa assessment templates to document the assessment and decision-making process.
•
SMC Visa A
ssessment Template individual
•
SMC Visa Assessment template family
Role
• Immigration Officer
Steps
1. Refer to assessment of skil ed employment and determine whether employment is full-time
• Assessment of skil ed employment must already have been made based on evidence of an
employment agreement and job description specifying the occupation, hours and
remuneration of the employment.
If the employment…
Then…
Is full-time, i.e. amounts to at least Go to next step.
30 guaranteed hours per week for
every week worked
Is not ful -time as described above Note the concern and go to
step 3.
2. Determine the PA’s eligibility for income points
Points for income may be awarded as follows. Median wage thresholds that apply are as set out
at SR3.25.1(a) at the time of application, or at the time the applicant was invited to apply for
residence (if there is a difference and one threshold is more favourable).
If the PA’s full-time employment
The PA is eligible for…
pays at least the equivalent of…
3x the median wage
6 points
2x the median wage
4 points
1.5x the median wage
3 points
Less than 1.5x the median wage
The PA is not eligible for points under the income
skill category. Go to
step 3.
UNCLASSIFIED
SOP – Assess income SMC)
3. Update visa assessment template with the outcome of this income assessment
Then proceed with other relevant SOP(s) to continue assessing the application.
If…
Then…
No concerns were identified
Points for income can be awarded.
Concerns were identified
These could be addressed through
requesting
further information (RFI) or requesting comment
o
n potentially prejudicial information (PPI) after
assessing the other aspects of the application if
necessary, i.e. if eligibility for these income points
is likely to affect overall eligibility under the SMC.
END.
UNCLASSIFIED
SOP – Assess income SMC)
UNCLASSIFIED
SOP – Assess New Zealand registration,
licencing or certification SMC (SR3)
Date Published: 25 September 2023
Classification: Unclassified
When to use
When assessing an SMC application where the principal applicant (PA) has claimed points for their
occupational registration, licencing or certification.
Use the below visa assess ment templates to document the assessment and decision-making process.
•
SMC Visa Assessment Template individual
•
SMC Visa Assessment template family
Role
• Immigration Officer
Steps
1. a. Determine whether evidence of registration, licencing or certification has been provided
• In order to qualify for points, the registration, licencing or certification must be recognised
and (unless specified in immigration instructions) must not be any form of provisional,
trainee, intern or limited registration.
• Evidence provided must include documentation confirming:
o The registration, licencing or certification body, and
o The name of the registration, license or certification and/or scope of practice; and
o Any other requirements listed in the table at SR3.30.
If satisfactory evidence of
Then…
registration, licencing or
certification…
Has been provided
Go to Step 2
Has not been provided
Go to step 1b
b. Check whether evidence has been submitted with a previous application
• In the
Application tab in AMS go to the applicant’s most recently approved
application
• Depending on where the application was processed, open IGMS or ADEPT
• For application in ADEPT
• Select the Visa application
• Select
documents tab
• Open the supporting documents and check for evidence of employment
If evidence of employment…
Then…
UNCLASSIFIED
SOP – Assess registration, licencing or certification SMC
UNCLASSIFIED
Has been provided and is sufficient • Proceed to process the application using this
to establish a current offer of
evidence
employment
• Go to step 2
Some evidence has been provided Continue assessing offer of employment with the
but is not complete
information available by following this SOP but
ensure that the required information is requested
and assessed before making the final decision.
Has not been provided or is not
• Note the concern
sufficient to establish a current
• Go to
Step 4
offer of employment
END.
2. If required, verify the PA’s registration, licencing or certification
Links to relevant public registers is located here.
3. Check the Operational Manual at SR3.30 to determine whether the PA meets the
registration/licencing/certification criteria for their occupation and to determine their
eligibility for points
The required criteria set out in SR3.30 must be met to qualify for the number of points set
out in the table. Unless specified at SR3.30, any form of provisional, trainee, intern, or
limited registration, license, certification or scope of practice does not qualify for points.
If…
Then…
The evidence provided
The number of points set out at SR3.30 may be
demonstrates the PA meets the
awarded. Go to next step.
requirements set out in SR3.30
The PA does not appear to meet
Note the concern and go to
step 4.
the SR3.30 criteria.
4. Update visa assessment template with the outcome of this registration/licencing/certification
assessment
Then proceed with other relevant SOP(s) to continue assessing the application.
If…
Then…
No concerns were identified
Points for registration, licencing or certification
can be awarded.
Concerns were identified
These could be addressed throu
gh requesting
further information (RFI) or requesting comment
o
n potentially prejudicial information (PPI) after
assessing the other aspects of the application, if
necessary, i.e. if eligibility for these
registration/licencing/certification points is likely
to affect overall eligibility under the SMC.
UNCLASSIFIED
SOP – Assess registration, licencing or certification SMC
UNCLASSIFIED
END.
UNCLASSIFIED
SOP – Assess registration, licencing or certification SMC
SOP – Assess qualification SMC (SR3)
Date Published: 25 September 2023
Classification: Unclassified
When to use
When assessing an SMC application where the principal applicant (PA) has claimed points for a
recognised qualification.
Use the below visa assessment templates to document the assessment and decision-making process.
•
SMC Visa Assessm
ent Template individual
•
SMC Visa Assessment template family
Role
• Immigration Officer
Glossary of terms
New Zealand Qualifications Framework
NZQF
New Zealand Qualifications Authority
NZQA
International Qualifications Assessment
IQA
List of Qualifications Exempt from Assessment (Appendix 17)
LQEA
Steps
1. Check the type of qualification provided
If the applicant has provided
Then…
evidence of…
A New Zealand qualification
Go to S
tep 3
Or
An overseas qualification with an IQA
An overseas qualification
Go to
Step 2
and
no IQA
No qualification
Note the concern and go to
step 4
2. Determine whether the overseas qualification is recognised on the LQEA
Refer to Appendix 17 to determine whether the qualification is recognised.
UNCLASSIFIED
SOP – Assess qualification SMC
If the qualification is…
Then…
On the LQEA
Go to
step 3.
Not on the LQEA and no IQA has
Note the concern and go to
step 4
been provided
3. Determine the PA’s eligibility for qualification points
The following New Zealand qualifications or an overseas qualification recognised on the NZQF as
equivalent to one of th
ese specific New Zealand qualifications via an IQA or as listed on the LQEA
may be awarded points as follows:
Qualification
Points
Doctoral degree
6
Master’s degree
5
Bachelor honours degree or Postgraduate Diploma
4
Postgraduate Certificate or Bachelor’s degree
3
Where an IQA only specifies a qualification level and not an equivalent New Zealand
qualification type (e.g. Bachelor’s or Master’s degree), points may be awarded as follows:
Qualification
Points
Level 10 (no NZ qual type)
5
Level 9 (no NZ qual type)
4
Level 8 (no NZ qual type)
3
4. Update visa assessment template with the outcome of this qualification assessment
Then proceed with other relevant SOP(s) to continue assessing the application.
END.
UNCLASSIFIED
SOP – Assess qualification SMC
SOP – Assess skil ed work experience in
New Zealand SMC (SR3)
Date Published: 25 September 2023
Classification: Unclassified
When to use
When assessing an SMC application where the principal applicant (PA) has claimed points for skilled
work experience in New Zealand.
SMC applicants must qualify
for 6 points either under an individual skill category or through a
combination of one skill category and their skilled work experience in New Zealand. If the applicant
already qualifies for 6 points under a skill category, there is no need to complete an assessment of
their work experience. However, in such cases the case summary should still note that points for
work experience were claimed but not assessed because the additional points were not required.
Use the below visa assessment templates to document the assessment and decision-making process.
•
SMC Visa Assessment Template individual
•
SMC Visa Assessment template family
Role
• Immigration Officer
Guidelines
• Any periods of leave consistent with section 16 of the Holidays Act 2003 (including parental or
ACC leave) taken during a period of skilled work experience in New Zealand can be counted if
the applicant was earning at or above the relevant wage threshold immediately before the
period of leave.
• Refer to SR2.5 to determine how the applicant’s remuneration should be calculated depending
on whether the applicant is paid by salary or hourly rate.
Prerequisites
• The PA’s claim for points under a skill category (income, qualification or New Zealand
registration) has been assessed.
Steps
1. Check the evidence provided
a. Check whether evidence has been submitted with the current application
• Evidence provided must include
o an employment agreement,
o job description that specifies, the occupation, hours, and remuneration of the
employment, and
o a summary of earnings or tax statement (for work on a contract for services)
from the Inland Revenue, confirming the period of work and income over any
period of work.
UNCLASSIFIED
SOP – Assess skilled work experience in New Zealand SMC
If evidence of work experience ..
Then…
Has been provided
Go to
Step 2
Has not been provided
Go to
Step 1b
b. Check whether evidence has been submitted with a previous application
• In the
Application tab in AMS go to the applicant’s previous applications
• Depending on where the application was processed, open IGMS or ADEPT
• For application in ADEPT
• S elect the Visa application
• Select
documents tab
• Open the supporting documents and check for evidence of work experience
If evidence of employment…
Then…
Has been provided and is sufficient • Proceed to process the application using this
to establish skilled work
evidence
experience
• Go to next step
Some evidence has been provided Continue assessing skil ed work experience with
but is not complete
the information available by following this SOP
but ensure that the required information is
requested and assessed before making the final
decision.
Has not been provided or is not
• Note the concern
sufficient to establish skilled work
• Go to
Step 10
experience.
END.
2. Determine whether the work experience was ful -time
If…
Then…
All work experience was ful -time,
Go to next step.
i.e., at least 30 hours per week for
every week worked
Some but not al of the work
Only full-time work experience can be
experience was full-time as
considered.
described above
Note this and go to next step.
None of the work experience was
• Note the concern
full-time as described above
• Go to next step.
3. Determine whether the work experience meets the remuneration criteria
In order for the PA’s NZ work experience to meet the criteria under SR3.35(b), they must
have earned at or above the relevant threshold set out for the duration of their work
UNCLASSIFIED
SOP – Assess skilled work experience in New Zealand SMC
experience - the relevant threshold being the threshold in place at the start of the period of
skilled work experience. If the median wage changes while the applicant is employed but
they remain in the same job and their pay doesn’t decrease, they wil continue to meet this
requirement.
However, skilled work experience in New Zealand will stop being counted if the applicant
changes employment or their income decreases, and their new income is below the wage
required by SR3.35(b) at that time. See SR3.35.1(c).
a.
Identify which remuneration criteria applies:
If the PA has…
Then…
Claimed points for income
Go to
Step 3(b).
Not claimed points for income
Go to
Step 4 to determine the ANZSCO skill
level.
b.
Applicants who have claimed points for income must have earned at least the wage
required by SR3.25.1 (‘Income’).
If…
Then…
During the applicant’s claimed work The PA appears to meet the remuneration
experience they were earning the
requirement. Go to
step 4.
wage required by SR3.25.1
(‘
Income’)
Note: Where an applicant is
required to earn 1.5x, 2x or 3x the
median wage under SR3.25.1, the
relevant median wage threshold is
the median wage that was in place
at the start of the period of claimed
work experience, which may differ
from the current median wage set
out in instructions
During the applicant’s claimed work Go to
step 3(c)
experience they were not earning
the wage required by SR3.25.1
(‘
Income’)
c.
Work experience for certain applicants claiming points for income of at least 2x the
median wage is also acceptable if it was completed:
• on or after 29 September 2021 and before 9 October 2023 and
UNCLASSIFIED
SOP – Assess skilled work experience in New Zealand SMC
• in an occupation listed in Tier 2 of Appendix 13 while meeting the requirements listed in
Tier 2 of Appendix 13 for that occupation.
If…
Then…
Their work experience was
It is considered acceptable for the purposes of
completed:
SR3.35(b). Go to
step 4.
• on or after 29 September 2021
and before 9 October 2023 and
• in an occupation listed in Tier 2
of Appendix 13 while meeting
the requirements listed in Tier 2
of Appendix 1 3 for that
occupation
Does not meet the requirements
• Note the concern
above
• Go to next step
4. Determine the ANZSCO skil level of the PA’s work experience.
• Check the applicant’s role title matches the ANZSCO code provided and
aligns with the
ANZSCO (6-digit) description for that occupation
S
ee ANZSCO website for more details.
If the occupation is…
Then they must have earned at least…
Listed at ANZSCO skill level 1, 2, or 3 The median wage (see SR3.35(c)).
Listed at ANZSCO skill level 4 or 5 or 1.5x the median wage (see SR3.35(c)).
not in the ANZSCO
If, after an initial assessment…
Then…
There is enough evidence to be satisfied that
requirement met, detailed ANZSCO
the applicant’s role matches the description
assessment is not required
• Note the skil level as set out in
ANZSCO
• Go to
Step 5
There is not enough evidence to be satisfied
A detailed ANZSCO assessment is
that the applicant’s role matches the
needed.
description
Go to next step
4b. Undertake a detailed substantial match assessment (SR2.1.1)
Determine whether the applicant’s employment is:
UNCLASSIFIED
SOP – Assess skilled work experience in New Zealand SMC
• substantial y consistent with the ANZSCO Occupation (6-digit) level description for that
occupation and
• substantially consistent with the tasks listed at the ANZSCO Unit Group (4-digit) level
description for that occupational group, excluding any tasks which are not relevant to
the occupation description.
The following factors may also be considered:
• the scope and scale of the employer’s organisation and operation.
• the size of the operation.
• the number of staff and managers.
• whether management functions are centralised at head office or undertaken by
other man agers.
If…
Then…
The tasks relevant to the ANZSCO
The applicant’s role can be
occupation description comprise most of
considered a substantial match to
the applicant’s role and there are no
the occupation as listed on
concerns regarding the genuineness of the ANZSCO.
role
Go to next step
The applicant’s role is not substantially
Go to next step
consistent with the claimed ANZSCO
occupation but is substantial y consistent
with a different ANZSCO occupation
The tasks relevant to the ANZSCO
• Note the concern
occupation description do not comprise
• Go to next step.
most of the applicant’s role and/or there
are concerns regarding the genuineness of
the role
5. Determine whether the remuneration criteria is met:
If the PA…
Then…
Appears to meet the relevant
Go to next step.
remuneration criteria
Does not appear to meet the
• Note the concern(s)
relevant remuneration criteria
• Go to next step.
6. Determine whether any skil ed work experience meets the registration requirements, if
applicable
If…
Then…
UNCLASSIFIED
SOP – Assess skilled work experience in New Zealand SMC
The PA’s occupation does not
Go to next step.
require registration
The PA is claiming points for
The work experience can be recognised.
New Zealand registration, licencing Go to next step.
or certification and their work
experience was completed after
gaining that registration, licence or
certification
The PA is claiming points for
Any work experience undertaken prior to gaining
New Zealand registration, licencing registration will not qualify as skilled work
or certification bu t some of their
experience in New Zealand.
work experience wa
s completed
Go to next step but consider this when
before they obtained that
determining the PA’s eligibility for points at
step
registration, licence or certification
8.
The PA is claiming points for
Any work experience undertaken prior to gaining
New Zealand registration, licencing registration will not qualify as skilled work
or certification but all of their work experience in New Zealand.
experience was completed before • Note the concern
they obtained that registration,
• Go to next step.
licence or certification
7. Determine whether the work experience was lawfully obtained
Check the
Visa and/or
Applications tabs in AMS to confirm that the PA was lawfully in
New Zealand and held an appropriate visa when undertaking the work experience (for
example, an open work visa or a work visa specifying the holder’s ability to work in that
occupation/location/for that employer).
If…
Then…
After relevant checks it is
Go to next step.
established that all work
experience was lawfully obtained
in New Zealand
After relevant checks it is
Any work experience not lawfully obtained will
established that some but not al
not qualify as skilled work experience in
work experience was lawfully
New Zealand. Continue to next step but consider
obtained
this when determining the PA’s eligibility for
points at
step 9
There are concerns that none of
• Note the concern
the work experience was lawfully
• Go to next step.
obtained
8. Determine whether any specific risk has been identified while assessing the applicant’s
work experience and take appropriate action
UNCLASSIFIED
SOP – Assess skilled work experience in New Zealand SMC
a. Determine whether any specific risk has been identified. See SOP Assess Risk and
Conduct Verification
If…
Then…
No risk identified
Go to
step 9
Concerns are identified
Go to
step 8b.
b. Assess whether the work experience was undertaken as the result of genuine
employment a
nd not offered as the result of payment.
• Review an
y relevant information on file (for example bank statements) and in AMS
(for example any alerts or warnings, if present) and
• consider any surrounding circumstances (for example the market rate for the
position and the skil s/experience of the applicant).
If…
Then…
Satisfied the work experience was If any risk has been identified that is not related
genuine and not offered as the
to the genuineness of the work experience,
result of payment
verification appropriate to the risk should be
undertaken as part of the overall assessment of
the application.
Go to next step
There are concerns surrounding
Verification appropriate to the risk(s) identified
the work experience with regards
should be undertaken as part of the overal
to the possibility it was offered as
assessment of the application.
the result of a payment
• Note the concern
• Go to next step
9. Determine the PA’s eligibility for the claimed New Zealand skil ed work experience points
For the periods of work experience assessed as meeting the requirements, points may be
awarded as fol ows, depending on the number of years worked in New Zealand and whether
it was undertaken in the relevant timeframe.
Note: skil ed work experience does not have to have been completed consecutively and
can be a total of different periods of work.
Amount of work
The work experience must have been And if so, the PA
experience claimed that completed within…
is eligible for…
meets requirements
3 years
5 years of application submission
3 points
2 years
4 years of application submission
2 points
UNCLASSIFIED
SOP – Assess skilled work experience in New Zealand SMC
1 year
2 years of application submission
1 point
10. Update visa assessment template with the outcome of the work experience assessment
Then proceed with other relevant SOP(s) to continue assessing the application.
If…
Then…
No concerns were identified
New Zealand skilled work experience
requirements are considered met and the
relevant points can be awarded.
Concerns were iden
tified
These should be addressed through verification
and/o
r requesting further information (RFI) or
requesting comment on
potentially prejudicial
information (PPI) after assessing the other
aspects of the application, particularly if this is
likely to impact the applicant’s eligblity for a total
of 6 points and therefore their overall eligblity for
a resident visa under the SMC.
END.
UNCLASSIFIED
SOP – Assess skilled work experience in New Zealand SMC
Undertake a Detailed Assessment of
Employment
Date Published: 25 September 2023
Classification: Unclassified
When to use
When an initial assessme
nt of the applicant’s current or offer of skilled employment has
been undertaken in accordance with SOP – Assess skilled employment (SR3.20) and
• a specific risk or concern has been identified indicating that there may be job inflation
or the applicant’s role may not be genuine and/or
• the applicant’s role has been assessed as not matching the specific (6 digit) occupation
description on the ANZSCO.
Role
• Immigration Officer
Related Resources
Immigration instructions:
• SR3.20.1 Determining skilled employment
• SR3.20.5 Suitably qualified
• SR2.1.1 Substantial match
Prerequisites
SOP – Assess skil ed employment (SR3.20)
Steps
1. Consider whether the applicant’s occupation requires New Zealand registration (see
Appendix 16) and whether the applicant has provided evidence of full or provisional NZ
registration for that occupation
If the applicant’s
Then…
occupation…
Requires registration and
Their employment can be considered a substantial match
the applicant has provided
to the ANZSCO occupation, and they can be considered
evidence of holding that
suitably qualified.
registration
o If required, verify the PA’s registration. Links to
Or
relevant public registers is located
here.
The applicant is claiming
o If there are any specific risks present, consider
points for a registration that
undertaking verification activity appropriate to the
they hold
specific risk(s) identified and/or consulting a
verification officer if there is an indication that
advanced verification may be required. If any risk(s)
cannot be mitigated through verification, any
concern(s) should be communicated to the applicant
in a PPI letter once a full initial assessment of the
application has been undertaken.
o Continue with step 6 of SOP – Assess skil ed
employment.
END
Does not require
Further assessment is needed. Go to next step.
registration
Requires registration but the
o Note concern
applicant has not provided
o Go to next step.
evidence of holding that
registration
2. Consider whether a specific risk or concern has been identified which indicates that
there may be job inflation or the applicant’s role may not be genuine
If…
Then…
Concerns are present
o Note concern
o Go to
next step.
No specific risks are identified
Go to
Step 6
3. Make an assessment of whether the employment is genuine (SR2.1.5)
Factors to consider include (but are not limited to):
o Whether the remuneration for the position is comparable to the market rate for
New Zealand workers in that occupation.
o Whether there is any indication that the applicant (or their agent or a third party)
may have made payment to the employer (or their agent or third party) to secure
the offer of employment.
If...
Then…
Satisfied the role is genuine
Go to
next step.
Concerns around genuineness of the
Note concern
employment are identified
Go to
next step.
4. Assess whether the a pplicant’s employment is compliant with relevant New Zealand
employment laws (SR2.1.10(b)). See the Employment NZ website for a list of clauses the employment agreement must
contain.
If...
Then…
Satisfied the employment is compliant
Go to next step.
There are concerns around whether the • Note concern
applicant’s employer and/or
• Go to next step.
employment are compliant with NZ
employment law
5. Undertake a detailed substantial match assessment (SR2.1.1)
Determine whether the applicant’s employment is:
o substantial y consistent with the ANZSCO Occupation (6-digit) level description for
that occupation
and
o substantial y consistent with the tasks listed at the ANZSCO Unit Group (4-digit)
level description for that occupational group, excluding any tasks which are not
relevant to the occupation description.
The following factors may also be considered:
o the scope and scale of the employer’s organisation and operation.
o the size of the operation.
o the number of staff and managers.
o whether management functions are centralised at head office or undertaken by
other managers.
If…
Then…
The tasks relevant to the ANZSCO
The applicant’s role can be considered a substantial
occupation description comprise
match to the occupation as listed on ANZSCO.
most of the applicant’s role and
Go to
step 7.
there are no concerns regarding the
genuineness of the role
The applicant’s role is not
Go to
Step 7.
substantial y consistent with the
claimed ANZSCO occupation but is
substantial y consis tent with a
different ANZSCO o ccupation
The tasks relevant to the ANZSCO
Note the concern
occupation description do not
Go to
next step.
comprise most of the applicant’s
role and/or there are concerns
regarding the genuineness of the
role
6. Undertake a suitably qualified assessment (SR3.20.5)
Consider:
o whether the applicant has the relevant qualification or work experience set out
at
SR3.20.5;
o whether any of the applicant’s qualifications and/or work experience are relevant
to their New Zealand employment (see SR3.20.5(b) and (c)).
If…
Then…
Satisfied the applicant is suitably Go to
next step.
qualified for their role
Concerns are identified
Note the concern
Go to
next step.
7. Make a determination on ANZSCO skil level considering the factors assessed above
If fol owing a detailed
Then…
assessment…
Satisfied the applicant
Provided no other risks have been identified, note the
meets the ANZSCO
ANZSCO skill level of the occupation and continue with
step
requirements
6 of SOP – Assess skilled employment.
Concerns are identified
o
Note the concern and continue with
step 6 of SOP –
Assess skilled employment. Also:
o
Consider undertaking verification activity
appropriate to the specific risk(s) identified.
o
Consult a verification officer if there is an indication
that advanced verification may be required.
o
If any risk(s) cannot be mitigated through
verification, any concern(s) should be communicated
to the applicant in a PPI letter once a full initial
assessment of the application has been undertaken.
END.
Document Outline