Generic work visa instructions

At a glance

The generic work visa instructions set out the baseline requirements that apply to all work visa applicants and employers, unless a specific work visa instruction states otherwise. [W2.10]

Applicants must: [W2.10.1]

• meet generic temporary entry requirements for lodging, bona fides, health, and character;
• be suitably qualified by training and experience for the job offered;
• satisfy any occupational registration requirements or, for medical and dental practitioners, provide evidence of eligibility for registration subject only to a personal interview within one month of arrival;
• not have held a work visa as a Primary Sector Trainee in the preceding two years; and
• provide evidence of sufficient funds for maintenance and accommodation (or a guarantee, sponsorship, or sufficient salary) unless a specific instruction provides otherwise [W2.15]; pregnant applicants who are due to give birth in New Zealand must additionally show access to NZ$9,000 for maternity health services, sponsorship, or eligibility for publicly‑funded services [W2.15.5].

Employers must: [W2.10.5]

• comply with all relevant employment and immigration law;
• provide evidence of past and future compliance, including employment agreements and a recognised history with MBIE;
• offer genuine and sustainable employment containing the prescribed information; [W2.10.10]
• have a history of compliance with employment law (and not be on the non‑compliant employer list), with special consideration for new employers; [W2.10.15]
• have a history of compliance with immigration law, including a duty to employ only people entitled to work and in accordance with visa conditions; [W2.10.20]
• not have been convicted of slavery, migrant smuggling, or trafficking offences under the Crimes Act 1961. [W2.10.25]

Work visas may be granted with conditions, such as restricting work to a specific employer, occupation, location, or remuneration level, and requiring the holder to provide evidence of remuneration. An immigration officer or the Minister may also impose any other condition considered appropriate. [W2.25]

Definition

W2.10.1 – Requirements for applicants

Every work visa applicant must: [W2.10.1]

• satisfy the Generic Temporary Entry instructions for lodging an application (E4), being a bona fide applicant (E5), and meeting health (A4) and character (A5) requirements;
• produce evidence that they are suitably qualified by training and experience to do the job offered, and can meet any necessary occupational registration requirements (see SM10 for the list); and
• for medical or dental practitioners, have an offer of employment and evidence from the Medical or Dental Council that registration will be granted once a personal interview is completed within one month of arrival. (Registration within a "special purpose scope of practice" does not meet this requirement. Nurses granted a visa to obtain registration may only work in ANZSCO Skill Level 1 or 2 occupations.) [W2.10.1]

Additionally, an applicant must not have held a work visa as a Primary Sector Trainee (WI18) in the two years before the current application. [W2.10.1]

W2.10.5 – General requirements for employers

All employers wishing to employ non‑New Zealand workers must comply with all relevant employment and immigration law in force in New Zealand. This obligation extends to any person associated with the employer who can influence recruitment, employment, or supervision. [W2.10.5]

Compliance includes, at a minimum: [W2.10.5]

• paying at least the statutory minimum wage or applicable contracted industry standard;
• meeting holiday, special leave, health and safety, and other minimum statutory criteria;
• satisfying the further compliance requirements in W2.10.15, W2.10.20, and W2.10.25.

Immigration officers may request evidence of past and future compliance, including employment agreements and a recognised compliance history with the Ministry of Business, Innovation and Employment (MBIE). [W2.10.5]

To meet the objective at W1(b)(iii), officers may require the employer to demonstrate that the pay rate offered is not less than the New Zealand market rate for the occupation. [W2.10.5] This market‑rate requirement applies whether or not a labour market test has been met, including for occupations on the Essential Skills in Demand Lists. [W2.10.5]

INZ will decline an application for a work visa, or employer status, if: [W2.10.5]

• the employer (or associated person) does not have a history of compliance with employment law; or
• the employer is on the MBIE list of non‑compliant employers (see W2.10.15 and Appendix 10).

Furthermore, INZ will decline an application for a work visa or entry permission if granting it would undermine the integrity, credibility, or reputation of New Zealand's immigration or employment relations systems. [W2.10.5]

W2.10.10 – Offers of employment

All job offers must be genuine and sustainable. [W2.10.10] A compliant offer must contain: [W2.10.10]

• employer name, address, phone/fax;
• name and address of the offeree;
• a full job description, including job title, place of employment, duties, pay and conditions, hours, required qualifications/experience/training, duration, and how long the offer is open.

In assessing genuineness and sustainability, and to satisfy W1(b)(iii), immigration officers may consider whether the salary or wages meet the New Zealand market rate. [W2.10.10]

INZ will decline an application if it considers the employment was offered as a result of a payment made or promised by the applicant (or agent) to the employer (or agent) to secure the offer. [W2.10.10]

W2.10.15 – Compliance with employment law

An employer supporting or offering employment in support of a visa application, or applying for employer status, must have a history of compliance with employment law. [W2.10.15]

A compliant history includes meeting the requirements of: [W2.10.15]

• Accident Compensation Act 2001;
• Employment Relations Act 2000;
• Equal Pay Act 1972;
• Health and Safety at Work Act 2015;
• Holidays Act 2003;
• Minimum Wage Act 1983;
• Parental Leave and Employment Protection Act 1987;
• Wages Protection Act 1983.

An employer is treated as non‑compliant if they (or an associated person in a position to influence recruitment or supervision) are on the MBIE list of non‑compliant employers (see Appendix 10). [W2.10.15]

If an employer has a pending investigation or case with the Labour Inspectorate, Employment Relations Authority, or courts, the immigration officer should request further information. [W2.10.15]

New employers may still be considered compliant if: [W2.10.15]

• they are not on the non‑compliant employer list;
• they can demonstrate sound human resources policies and practices; and
• there is no other information indicating non‑compliance (e.g. a person on the stand‑down list influencing employment agreements).

Unless otherwise specified, an application or employer request will be declined if: [W2.10.15]

• the supporting employer is on the non‑compliant list; or
• the immigration officer is otherwise not satisfied that the requirements of W2.10.15(a–e) are met.

Note: Even if an employer is no longer on the non‑compliant list, past breaches that led to inclusion may still be considered when assessing compliance under other immigration instructions. [W2.10.15]

W2.10.20 – Compliance with immigration law

All employers of non‑New Zealand workers must employ only people entitled to work in New Zealand, and must respect any employment‑related visa conditions (e.g. specific employer, specific position, or remuneration thresholds). [W2.10.20]

Employers are considered non‑compliant if they (or an associated person) are on the MBIE list of non‑compliant employers maintained under Appendix 18. [W2.10.20]

If an employer has a pending investigation or case with MBIE or the courts, the immigration officer may seek further information. [W2.10.20]

New employers may be treated as compliant if: [W2.10.20]

• they are not on the non‑compliant list; and
• there is no other information indicating non‑compliance.

An employer can be regarded as having a history of non‑compliance if they (or an associated person) have been convicted of an Immigration Act offence that did not result in inclusion on the MBIE list, as described in Appendix 18. [W2.10.20]

A visa application will be declined if: [W2.10.20]

• the supporting employer is on the non‑compliant list; or
• the immigration officer is not satisfied the employer meets the requirements of W2.10.20(a)–(c).

Note: Past immigration offences that led to inclusion on the list may still be considered even after the employer's removal from the list. [W2.10.20]

W2.10.25 – Compliance with the Crimes Act

An employer (or associated person) who supports a visa application or provides a job offer must not have been convicted at any time of: [W2.10.25]

• Section 98 – Dealing in slaves;
• Section 98C – Smuggling migrants;
• Section 98D – Trafficking in persons.

W2.15 – Funds requirements

Unless specifically stated otherwise, applicants for work visas must provide: [W2.15]

• a proposed salary that an immigration officer considers sufficient to cover maintenance and accommodation; or
• a guarantee of maintenance and accommodation by their employer for the currency of the visa; or
• sufficient funds for maintenance and accommodation for the currency of the visa; or
• sponsorship by a relative or friend in New Zealand (see E6).

Officers with schedule 2 delegations or above may waive the requirement for evidence of funds or sponsorship. [W2.15]

W2.15.1 – Evidence of sufficient funds

Evidence of sufficient funds includes but is not limited to: [W2.15.1]

• cash;
• New Zealand bank accounts showing the current balance;
• travellers' cheques;
• bank drafts;
• recognised credit cards with sufficient credit available;
• for group visas, certification from a reputable travel agency.

W2.15.5 – Sufficient funds for maternity health services

Pregnant applicants for a work visa who are due to give birth while in New Zealand must provide evidence that they: [W2.15.5]

• have funds of at least NZ$9,000 available to pay for maternity health services; or
• have sponsorship by a person meeting generic sponsorship requirements (E6.5) to cover maternity health services; or
• are eligible for publicly‑funded maternity health services.

W2.20 – Onward travel requirements

Applicants for work visas may be required to show evidence of travel arrangements made to leave New Zealand at the end of their stay. [W2.20] Acceptable evidence includes, but is not limited to, any of the following: [W2.20]

• actual travel tickets (confirmed or open‑dated) out of New Zealand to a destination to which the applicant has right of entry;
• written confirmation from an airline or travel agency that onward travel has been booked and paid for;
• sponsorship; or
• a written guarantee of repatriation from the New Zealand employer.

W2.25 – Conditions of work visas

A work visa may be granted with any or all of the following conditions, as specified in immigration instructions or imposed by special direction by the Minister or an immigration officer with the delegated authority: [W2.25]

• the holder may work only in a specified industry, trade, occupation, or profession;
• the holder may work only for a specified employer;
• the holder may work only in a specified area or location;
• the holder must be paid at or above a specified remuneration level;
• the holder must provide evidence of remuneration payment, if requested by an immigration officer;
• any other condition the immigration officer or Minister considers is appropriate to reflect the reason for which the visa is being granted. [W2.25]

W2.30 – Travel conditions on work visas

Immigration officers decide the travel conditions on a work visa under two possible options: [W2.30]

Single journey work visas

• Granted to working visitors who intend one visit to New Zealand. [W2.30]
• A single journey visa is normally current for travel within one month of the applicant's intended date of arrival, unless the officer considers the applicant's circumstances warrant a longer or shorter period. [W2.30]

Multiple journey work visas

• May be granted to frequent travellers if the officer is satisfied that: [W2.30]
  1. the applicant's passport is valid for a sufficient period; and
  2. the applicant has not breached the conditions of their visa (or permit granted under the Immigration Act 1987) on any previous visit.
• Multiple journey visas may be current for travel for a maximum of 5 years, depending on how long the employment offer or contract lasts. [W2.30]

Application in decisions

Immigration officers apply the generic instructions as a mandatory overlay to every work visa application. [W2.10] For applicants, the officer verifies that the applicant meets the generic temporary entry gateway requirements (lodgement, bona fides, health, character), possesses the necessary qualifications and registration, and has not held a prohibited Primary Sector Trainee visa. [W2.10.1] For employers, the officer assesses compliance history under employment, immigration, and criminal law, and scrutinises the genuineness and sustainability of the job offer, including market‑rate remuneration. [W2.10.5][W2.10.10][W2.10.15][W2.10.20][W2.10.25] Failure to satisfy any generic requirement leads to a mandatory decline unless a specific work visa instruction provides an exception. [W2.10]

Additionally, the officer checks that the applicant meets the funds requirement (or an acceptable alternative) and, where the applicant is pregnant and due to give birth in New Zealand, that the maternity health services funding requirement is satisfied or waived. [W2.15][W2.15.5]

The market‑rate assessment under W1(b)(iii) is applied regardless of whether a labour market test has been satisfied, and it applies even to occupations on the Essential Skills in Demand Lists. [W2.10.5]

When an employer has a pending investigation, the officer must request further evidence to determine current compliance. [W2.10.15][W2.10.20] New employers receive a tailored assessment based on absence from non‑compliant lists, sound HR practices, and the absence of other negative information. [W2.10.15][W2.10.20]

The employer's compliance obligations extend to all associated persons who can influence recruitment or supervision. [W2.10.5][W2.10.15][W2.10.20][W2.10.25] This means officers will look beyond the corporate entity to individuals with de facto control over employment practices.

When granting a work visa, officers may impose conditions under W2.25. These include restricting the visa to a particular employer, occupation, location, or pay rate, and requiring the holder to provide proof of remuneration upon request. The residual catch‑all condition allows officers or the Minister to tailor conditions to the particular purpose of the visa. [W2.25]

When determining travel conditions, officers decide between single or multiple journey visas. A single journey visa is used for one‑off visits and is normally valid for travel within one month of the intended arrival, subject to adjustment. A multiple journey visa caters to frequent travellers who hold a suitable passport and have a clean immigration history; its validity can extend up to five years, linked to the employment contract duration. [W2.30]

Interpretation & edge cases

• Primary Sector Trainee bar – An applicant who previously held a work visa under WI18 (Primary Sector Trainees) is ineligible for any subsequent work visa within two years of holding that visa. This bar is absolute and applies even if the applicant meets all other criteria. [W2.10.1]
• Medical registration special purpose scope – Registration in a "special purpose scope of practice" does not satisfy the registration requirement for work or residence purposes. Only full or provisional registration subject only to a personal interview meets the threshold. [W2.10.1]
• Nurse restriction – A nurse who obtained a visa to secure registration may only work in an ANZSCO Skill Level 1 or 2 occupation; lower‑skilled work is not permitted under that pathway. [W2.10.1]
• Market‑rate requirement – The market‑rate test under W2.10.5(d) operates independently of labour market testing. An employer who is exempt from a labour market test (e.g. because the occupation is on a skill shortage list) must still prove the offered pay meets the market rate. [W2.10.5]
• Integrity‑based decline – INZ may decline a work visa or entry permission if granting it would undermine the integrity, credibility, or reputation of the immigration or employment relations systems, even if all technical criteria are met. [W2.10.5]
• Payment for job offers – Any arrangement where the applicant or their agent pays (or promises to pay) the employer or employer's agent in exchange for the job offer renders the application liable for decline. [W2.10.10]
• Past non‑compliance after removal from list – An employer who was previously on the non‑compliant employer list remains vulnerable: the underlying breaches can still be considered when assessing compliance under other instructions. [W2.10.15][W2.10.20]
• Pending investigations – An employer under active investigation by the Labour Inspectorate, Employment Relations Authority, or courts is not automatically non‑compliant, but the officer must request further information; if that information is insufficient or indicates non‑compliance, the application will be declined. [W2.10.15][W2.10.20]
• New employer carve‑out – New employers can establish compliance history by demonstrating sound HR policies and the absence of negative indicators, even without a long track record. However, any connection to a person on the stand‑down list will undermine the claim. [W2.10.15]
• Crimes Act convictions – There is no time limit on the conviction; a conviction at any point in the past for slave dealing, migrant smuggling, or trafficking renders the employer permanently non‑compliant for work visa purposes. [W2.10.25]
• Waiver of funds evidence – Officers with schedule 2 delegations or above may, at their discretion, waive the requirement for evidence of funds or sponsorship. This waiver extends to the maternity health services funding requirement. [W2.15]
• Conditions catch‑all – The final condition in W2.25 (any other appropriate condition) gives decision‑makers significant discretion. It may be used to impose novel restrictions, such as a requirement to work only for an accredited employer (even where the visa category does not itself mandate accreditation) or to limit total hours across multiple employers, provided the condition is rationally connected to the purpose of the visa. [W2.25]
• Single journey travel validity – The default one‑month travel validity for a single journey work visa is a starting point; officers may extend or shorten this period based on the applicant's particular circumstances. [W2.30]
• Multiple journey maximum – The five‑year cap on multiple journey work visas is tied to the length of the employment offer or contract. If the contract is shorter, the travel validity will be shorter, but in no case may it exceed five years. [W2.30]

Citations

• W2.10 — Generic work visa instructions
• W2.10.1 — Requirements for applicants
• W2.10.5 — General requirements for employers
• W2.10.10 — Offers of employment
• W2.10.15 — Compliance with employment law
• W2.10.20 — Compliance with immigration law
• W2.10.25 — Compliance with the Crimes Act
• W2.15 — Funds requirements
• W2.15.1 — Evidence of sufficient funds
• W2.15.5 — Sufficient funds for maternity health services
• W2.20 — Onward travel requirements
• W2.25 — Conditions of work visas
• W2.30 — Travel conditions on work visas