Silver Fern Practical Experience Visa

At a glance

The Silver Fern Practical Experience visa enables people who already hold a Silver Fern Job Search visa (or a previous Silver Fern Practical Experience visa) to remain in New Zealand and work in skilled employment for up to two years in total. The applicant must have a genuine, full-time, skilled job offer of at least 12 months and meet health and character requirements. [WL3.1]

How to apply

Applicants must submit:

• a completed Employer Supplementary Form (INZ 1113) [WL3.1]
• evidence of a job offer for skilled employment of at least 12 months' duration [WL3.1]
• evidence that they hold a valid Silver Fern Job Search visa or a current Silver Fern Practical Experience visa [WL3.1]
• evidence of meeting health and character requirements for temporary entry [WL3.1]

Eligibility criteria

To be granted the visa, the applicant must satisfy all of the following conditions at the time of decision: [WL3.1]

1. Current visa – the applicant must hold either a Silver Fern Job Search visa or a Silver Fern Practical Experience visa. [WL3.1]
2. Job offer – the applicant must have an offer of skilled employment for a term of at least 12 months. [WL3.1]
3. Form – a completed Employer Supplementary Form (INZ 1113) must be provided. [WL3.1]
4. Health and character – the applicant must meet the temporary entry health and character requirements (refer to A4 and A5). [WL3.1]
5. Cap on previous stays – the applicant must not have held previous Silver Fern Practical Experience visas that together total more than two years. [WL3.1]

Skilled employment requirements

Skilled employment for this visa means employment that would be assessed as skilled under the Skilled Migrant Category. The employment must: [WL3.1]

• be full-time [WL3.1]
• be genuine [WL3.1]
• be paid by salary or wages or under a contract for service (commission-only or retainer arrangements are not acceptable) [WL3.1]
• be supported by evidence of full or provisional registration, if registration is legally required for that occupation [WL3.1]
• meet the generic work visa provisions (see W2.10) [WL3.1]
• be with an employer who has a satisfactory compliance record and is not on the MBIE list of non-compliant employers, and who has not been convicted of offences under sections 98, 98C, or 98D of the Crimes Act 1961 (dealing in slaves, smuggling migrants, trafficking in persons) [WL3.1]

Visa conditions

When a Silver Fern Practical Experience visa is granted, the following conditions are imposed by special direction: [WL3.5]

• The holder may work only in the occupation specified in their job offer. [WL3.5]
• The holder may work only for the employer specified in the job offer. [WL3.5]
• The holder may work only at the location specified in the job offer. [WL3.5]

The visa may be granted for the period for which employment is offered, up to a maximum of 2 years. [WL3.5] Any second or subsequent Silver Fern Practical Experience visa cannot extend the total period of stay beyond 2 years from the date the first Silver Fern Practical Experience visa was granted (i.e. the total time spent on Silver Fern Practical Experience visas cannot exceed 2 years). [WL3.5]

Interpretation & edge cases

• Two-year total cap – The total time a person can hold Silver Fern Practical Experience visas is two years. This includes all previous grants of the visa, regardless of how much time was actually spent in New Zealand. An applicant who has already held such visas for two years will not qualify. [WL3.1]
• Skilled employment definition – The assessment of whether employment is "skilled" follows the Skilled Migrant Category criteria. This means that jobs in lower-skilled ANZSCO level 4 or 5 occupations are unlikely to qualify unless they meet the higher remuneration thresholds for those categories. INZ will examine the employment agreement, job description, and the employer's history. [WL3.1]
• Employer compliance – INZ will check the employer against the list of non-compliant employers maintained by MBIE. Even if the employer is not on that list, a history of non-compliance or recent convictions under the specified Crimes Act sections can result in refusal. Associations with non-compliant persons who can influence recruitment or supervision are also caught. [WL3.1]
• Registration requirements – If the occupation requires registration by law (e.g. teachers, medical practitioners), an offer of provisional registration may suffice, but the visa holder will need to maintain that registration while working. [WL3.1]

Citations

• WL3.1 — Determining an application for a Silver Fern Practical Experience visa
• WL3.5 — Currency and conditions of a Silver Fern Practical Experience visa