Engaging with Work and Income in good faith before lodging a Job Check

Immigration New Zealand has identified ongoing issues during post visa decision checks relating to employer engagement with Work and Income for Skill Level 4 and 5 occupations.

Employers are required to engage with Work and Income in good faith before submitting a Job Check application. Recent trends suggest that this requirement is not always being fully met.

Completing the vacancy form is not sufficient

Employers must engage with Work and Income through the official online form. However, submitting the form alone does not meet the good faith requirement.

After the vacancy form is submitted, Work and Income will contact the employer to discuss the role in more detail. The role must then be listed with Work and Income, unless Work and Income confirms there are no suitable candidates.

Employers must also allow sufficient time for Work and Income to refer candidates and for interviews to take place where appropriate.

Evidence must be retained

Although evidence of engagement is not required at the time of lodging a Job Check, Immigration New Zealand may request it later.

Evidence may include:

• A copy of the completed Work and Income form
• A screenshot of the vacancy listing
• Correspondence from Work and Income confirming the listing has closed
• Written confirmation that no suitable candidates were available

Maintaining clear records is essential.

Who must engage with Work and Income

The contact person must be someone within the business who is responsible for hiring decisions, or an external recruitment adviser contracted by the employer.

A lawyer or licensed immigration adviser representing an employer for a Job Check application cannot engage with Work and Income on the employer’s behalf. They may provide advice on the process but cannot complete the actual engagement requirement.

Where an employer holds triangular accreditation, the accredited legal entity must complete the vacancy form using its legal name and NZBN, even if the role is based in a subsidiary.

Employers must also respond to Work and Income within three working days when contacted to discuss the vacancy.

Why this matters

Failure to properly engage with Work and Income can create compliance risk, particularly where post decision checks are conducted.

Ensuring that engagement is completed correctly and documented appropriately helps protect both an employers accreditation status and future Job Check applications.

New Zealand Immigration Partners advises employers on meeting labour market testing and good faith engagement requirements. If you would like a review of your current process, our team can assist.‍