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Hiring people from overseas

If your company is looking to hire people from overseas to fill vacancies in New Zealand, we can help with the necessary immigration requirements and applications. Whilst your company can advertise and interview people who are living overseas, it is an offence to offer them immigration advice. Furthermore, if your company knowingly hires someone who is ineligible to work in New Zealand, a fine of up to $50,000 can apply if they commence work without the correct visa. Lim McDowall Immigration Lawyers takes away the risk by handling the immigration process on behalf of your company.

In order to hire people from overseas, employers need to prove that they are genuinely experiencing difficulty in finding appropriately skilled people within New Zealand. We can help with this process. If the position isn’t included in the Essential Skills in Demand Lists, we can assist with a request for an Approval in Principle to recruit overseas workers.

In order to satisfy labour market testing requirements, sufficient evidence regarding the position is crucial, and Immigration New Zealand will need to see details regarding the nature of the work; duties, remuneration, skill requirements, hours, and so on. The skills shortage must be demonstrated, and it must be clear that your company has made a genuine effort to recruit someone within New Zealand. Proof would include job advertisements, their duration and frequency, details of any recruitment agency used, and a detailed report of the outcome of your efforts, including the number of applicants and an explanation as to why they were unsuitable or unable to be trained. Other evidence includes official statistics, and statements by industry experts that support the notion of a skills shortage. It is important that your advertisement does not discourage New Zealanders or visa holders in New Zealand from applying in any way.

Finally, it is also important that employees are given suitable employment agreements in accordance with New Zealand law, and there are additional clauses that you may want to consider including in this situation, e.g. relocation costs, jurisdiction statements, and potentially a cost reclamation procedure if the employee leaves the position early and returns home.

Get in touch today to discuss your company’s requirements. Please note however that we are not an employment agency – we do not search for overseas workers, we handle the immigration process.