Religious work definition

At a glance

Religious work is a primary role involving teaching or guidance in religious scripture or philosophy, leading religious practice or worship, conducting initiations or ordinations, ministering or pastoral care, or exercising religious leadership. [WM2] Immigration New Zealand must be satisfied that the work directly serves the religious objectives of the sponsoring organisation. [WM2] Secondary roles such as cooking or cleaning do not qualify as religious work on their own, and religious study is not considered religious work. [WM2] Religious workers may be salaried, receive a stipend, work unpaid, or be compensated through alternative arrangements. [WM2] Sponsoring organisations must comply with generic work visa and sponsorship requirements, and INZ can decline an application if granting the visa would undermine the integrity of New Zealand’s immigration or employment systems. [WM2]

Definition

WM2 defines ‘religious work’ by listing specific primary roles and setting out the conditions under which an applicant is considered to be undertaking such work. [WM2]

Primary roles

Religious work must substantially be a primary role that includes at least one of: [WM2]

• teaching or guidance in religious scripture or philosophy;
• leading religious practice, worship or prayer;
• conducting religious initiations, ordination or ritual;
• ministering or pastoral care;
• roles of religious leadership in relation to any of the above.

Direct service to religious objectives

An applicant is considered to be undertaking religious work when INZ is satisfied that the work they are being sponsored to undertake directly serves the religious objectives of the sponsoring organisation. [WM2] Supporting roles (e.g. cooking or cleaning) may be secondary tasks a religious worker undertakes, but they will not by themselves qualify as religious work for visa purposes. [WM2] Religious study is explicitly excluded from the definition. [WM2]

Types of arrangements

Religious work may be performed under any of the following arrangements: [WM2]

• employment for a salary or wages;
• payment of a stipend;
• no direct financial return to the worker;
• alternative arrangements to the above.

Sponsoring organisation obligations

When the religious worker is employed by the sponsoring organisation (salaried), the organisation must provide an employment agreement covering the duration of the sponsorship obligations. [WM2] When the worker is not employed (stipend, unpaid, or alternative), the sponsoring organisation must provide a description of the work, including the primary and any secondary roles the worker is expected to undertake. [WM2] All sponsoring organisations must comply with the generic work visa instructions at W2.10 and the acceptable sponsor requirements at E6.5. [WM2] INZ must be satisfied that the evidence provided is compliant with relevant employment and immigration laws in force in New Zealand. [WM2]

Integrity grounds for decline

INZ will decline an application if it considers that granting the visa would undermine the integrity, credibility or reputation of New Zealand’s immigration or employment relations systems. [WM2] When assessing employment agreements, an immigration officer may consider whether the pay rate and/or conditions are comparable to those of New Zealand workers doing similar work for the sponsoring organisation. [WM2]

Employer compliance history

Employers (and any person associated with the employer who can influence recruitment, employment or supervision) must have a history of compliance with immigration and employment law. [WM2] An employer is deemed not to have such a history if it: [WM2]

• fails to meet the requirements of W2.10.15 and W2.10.20;
• is included on a Ministry of Business, Innovation and Employment (MBIE) list of non-compliant employers (see Appendix 10 and Appendix 18);
• has been convicted at any time under sections 98 (Dealing in slaves), 98C (Smuggling migrants), or 98D (Trafficking in persons) of the Crimes Act 1961.

Application in decisions

Immigration officers apply the WM2 definition when assessing whether an applicant under the Religious Worker instructions is undertaking genuine religious work. [WM2] The officer must be satisfied that the primary role fits at least one of the listed categories and that the work directly serves the sponsoring organisation’s religious objectives. [WM2] The type of financial arrangement does not disqualify the work; rather, it determines which documentary evidence the sponsoring organisation must submit. [WM2] The compliance history check is a mandatory gateway: an employer who fails any of the tests at WM2(h) cannot support a religious worker visa. [WM2]

Interpretation & edge cases

• A role that mixes primary and secondary functions still qualifies as religious work only if the substantial role is primary; an applicant who mainly cooks or cleans for a religious community, even if occasionally leading prayers, would not meet the definition. [WM2]
• Religious study, even if undertaken within a religious community and with some minor assisting tasks, is not religious work. [WM2]
• The requirement that the work “directly serves the religious objectives” means administrative or ancillary functions within a religious organisation are not sufficient unless they fall into one of the listed primary roles. [WM2]
• INZ’s integrity decline power (WM2(g)) allows refusal even if the formal requirements are met, based on an assessment of risk to the immigration or employment systems. [WM2]

Citations

• WM2 — Definition of ‘religious work’