Skilled employment is work that uses specialist, technical or management expertise. This expertise may have been gained through recognised relevant qualifications or previous work experience.

1. Skilled employment is employment that requires significant specialist, technical or management expertise:
   1. obtained through the completion of recognised qualifications; or
   2. obtained through work experience that has enabled a person to gain a comparable level of skill to that which would have been gained through the completion of a relevant recognised qualification; or
   3. developed through work experience in which that expertise was a key component.
2. An offer of employment or current employment in New Zealand will therefore be assessed as skilled employment if:
   1. it is relevant to the principal applicant's* recognised qualification; or
   2. the employer considers, and the NZIS is satisfied, that the employment requires significant technical, specialist or managerial expertise that the principal applicant has obtained through relevant previous work experience in which that expertise was a key component.
3. Generally, despite (a) and (b) above, employment in occupations described in the following Major Groups of the New Zealand Standard Classification of Occupations is not assessed as skilled employment unless the NZIS is satisfied that:
   1. there is a special case for recognising the contribution of that employment to New Zealand' s economic growth and capacity; or
   2. the principal applicant's employment will enhance the quality of New Zealand's accomplishments and participation in that occupational area because the principal applicant* has an international reputation and record of excellence in that occupational field:
   • Major Group 3 (Technicians and Associate Professionals) except those Group 3 occupations listed in (d) below
   • Major Group 4 (Clerks)
   • Major Group 5 (Service and Sales workers)
   • Major Group 6 (Agriculture and Fishery workers)
   • Major Group 8 (Plant and machine operators and assemblers)
   • Major Group 9 (Elementary occupations).
4. Employment in occupations described in the following Major Groups of the New Zealand Standard Classification of Occupations is assessed as skilled employment if it meets the requirements for skilled employment set out in (a) and (b) above:
   • Major Group 1 (Legislators, administrators and managers)
   • Major Group 2 (Professionals)
   • Major Group 7 (Trades workers)
   • Major Group 3 (Technicians and Associate Professionals) in the following occupations:

SM7.10.1 Relevance of qualification(s) to employment

Qualifications are relevant to employment if the employer considers, and a visa or immigration officer is satisfied that:

1. The major subject area of the principal applicant's* recognised qualification is directly applicable to the employment, or
2. The employment is in an occupation for which a core requirement is a qualification at the academic, trade or technical level of the principal applicant's recognised qualification.

   Note: For the purposes of this provision, 'qualifications' must meet the requirements for recognition set out in SM14. 5 but are not required to be the same qualification(s) that qualifies for points under the Qualifications part of this policy (see SM14).

SM7.10.5 Relevance of work experience to employment

Work experience is relevant to employment if the employer considers, and a visa or immigration officer is satisfied that:

1. the work experience is directly applicable to the employment; and
2. the offer of employment could not reasonably have been made or the employment could not reasonably have been undertaken if the applicant did not have that work experience.

Effective 17/12/2003

SM7.15 Additional requirements for skilled employment

See SM7.15 Effective 13/12/2004
See SM7.15 Effective 28/09/2004
See SM7.15 Effective 17/12/2003

1. Skilled employment only qualifies for points if the employment is:
   1. full time (employment is full-time if it amounts to, on average, at least 30 hours per week); and
   2. genuine; and
   3. for a position that is paid by salary or wages or in terms of a contract for service (payment by commission and/or retainer are not acceptable), and
   4. accompanied by evidence of full or provisional registration, or evidence of eligibility for registration by the New Zealand Medical or Dental Council subject only to an interview with the relevant registration authority on arrival, if full or provisional registration is required by law to undertake the employment (see SM19.20); and
   5. the employment was not offered as a result of payment made (either within or outside New Zealand) by the applicant (or their agent) to the employer (or their agent) in exchange for securing that offer of employment.
2. Employment must be ongoing and sustainable. Ongoing and sustainable employment is:
   1. an offer of employment or current employment with a single employer and permanent, or indefinite, or for a stated term of at least twelve months with an option for the employee of further terms, and of which the employer is in a position to meet the terms specified; or
   2. employment on a contract basis where the applicant:
      • has a consistent history of contract work, and
      • has a current contract for services, and
      • the NZIS is satisfied that such contract work is likely to be sustained.

        Note: When assessing whether employment is sustainable, officers may consider, but are not limited to, such factors as the residence status of the employer, the period for which the employing organisation has been established as a going concern, and the financial sustainability of the employing organisation.

3. In the case of independent midwife practitioners a letter of authority to claim under the Maternity Notice pursuant to Section 88 of the New Zealand Public Health and Disability Act 2000 as well as evidence of admission to the New Zealand Register of Midwives will satisfy the requirements of SM7.5 (b), SM7.15 (a)(i),(ii) and (iii), SM7.15 (b), and can be used to satisfy the requirements of SM4.30 (a)(i).

Effective 12/09/2005

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