Specific Purpose Work Visa options for businesses engaging overseas specialists

New Zealand businesses engaging an overseas company’s employees or a self-employed overseas professional for defined work now have two additional options under the Specific Purpose Work Visa.

The Contractual Service Supplier and Independent Professional subcategories have different eligibility and evidence requirements.

Contractual Service Suppliers

This subcategory covers an employee of an overseas enterprise delivering a contracted service to a New Zealand client.

Key requirements include:

• Work in an ANZSCO skill level 1 occupation.
• A relevant qualification equivalent to at least a New Zealand level 7 bachelor’s degree.
• At least six years of relevant experience.
• At least one year’s employment with the supplying enterprise immediately before applying.

The overseas enterprise must not be established in New Zealand or operate as a personnel placement or supply agency. Other category requirements must also be met.

The application must demonstrate why the worker’s physical presence in New Zealand is integral to delivering the contracted service. The service must not reasonably be deliverable without that worker being here.

Supporting evidence may include the service contract, project responsibilities, implementation schedule and an explanation of why remote delivery is not reasonably possible.

Independent Professionals

This subcategory covers a self-employed person contracted to deliver services to a New Zealand entity.

Key requirements include:

• Work in an ANZSCO skill level 1, 2 or 3 occupation.
• A relevant qualification equivalent to at least New Zealand level 4.
• At least six years of relevant experience.
• Meeting English language requirements when undertaking skill level 3 work.

The application must also include evidence of genuine attempts to attract and recruit suitable New Zealand workers.

Keep advertisements, recruitment dates, applications received and reasons candidates were unsuitable.

Immigration New Zealand’s guidance indicates that:

• Advertising for two weeks or longer may generally be considered reasonable.
• Recruitment undertaken within 90 days before the visa application may be considered sufficiently recent.

Neither timeframe guarantees that the labour market test is met. Each application is assessed on its circumstances and supporting evidence.

Check the remaining requirements

These are key requirements, rather than a complete eligibility checklist. Qualification assessment, occupational registration where applicable, and other category conditions must also be checked. If you need someone urgently these requirements may cause delays for skilled workers arriving for your project. Take specialist immigration advice early to avoid stress and delays.

Plan around the permitted duration

Both subcategories allow stays of up to 12 months, subject to requirements.

Contractual Service Suppliers cannot obtain a further visa under that provision to supply the same service to the same New Zealand entity. Independent Professionals cannot obtain a further visa under their provision to supply the same service to the same employer.

Get in touch with one of our licensed immigration advisers at New Zealand Immigration Partners to assess the appropriate pathway before confirming an overseas specialist’s engagement.