Supplementary Seasonal Employment (SSE) Visa

At a glance

The Supplementary Seasonal Employment (SSE) scheme enables employers in the horticulture and viticulture industries to supplement their New Zealand workforce with onshore non-New Zealand citizen or residence class visa holder workers when peak labour demand exceeds the available and suitable New Zealand workforce and employers have made reasonable attempts to train and recruit New Zealand citizens and residence class visa holders [WH3.1]. The scheme aims to promote the integrity, credibility, and reputation of the New Zealand immigration and employment relations systems [WH3.1]. The SSE work visa is available only to onshore applicants who have not previously held an SSE or TRSE visa, and who have not held any work visa since their most recent entry to New Zealand [WH3.10].

How to apply

Employers must first obtain SSE approval in principle from Immigration New Zealand (INZ) [WH3.1]. Approval is only granted for periods when seasonal worker demand cannot be met from the available New Zealand workforce, as assessed by INZ in consultation with the Ministry of Social Development (MSD) [WH3.1].

An employer with SSE approval in principle may offer employment to non-NZ workers who hold an SSE work visa, provided the employer does not exceed the maximum number of SSE workers stated on the approval at any one time [WH3.1].

Workers apply for an SSE work visa, which:

• is granted for a duration of six months [WH3.1];
• may only be granted to onshore applicants [WH3.1];
• is available to a particular worker once only (a worker is only eligible for a SSE work visa once) [WH3.1];
• does not include travel conditions (the visa cannot be used for travel out of New Zealand and re-entry) [WH3.1].

Applications must be made on the form SSE Work Application (INZ 1153) and must meet the Generic Temporary Entry instructions for lodging an application (E4) [WH3.10]. Applicants must also meet all the eligibility requirements under WH3.10.1 [WH3.10].

Employer approval in principle (SSE AIP)

Requirements for SSE approval in principle (WH3.5.1)

To obtain SSE approval in principle, an employer must:

• provide details of the available employment, including the number of workers required, the nature of each position (planting, maintaining, harvesting, or packing crops), the period for which each position is available, and the location(s) of the work [WH3.5];
• ensure that workers recruited under SSE instructions will have access to suitable accommodation for the duration of their employment [WH3.5];
• have taken steps to obtain suitable and available New Zealand citizen or residence class visa holder workers for the vacant positions through Work and Income [WH3.5];
• provide a copy of the employment agreement that will be offered to workers, meeting the requirements set out in WH3.5.10 [WH3.5];
• comply with the employer requirements under generic work visa provisions (W2.10.5) [WH3.5];
• satisfy INZ that they will:
  • make ongoing genuine efforts to recruit New Zealand citizen or residence class visa holder workers throughout the approval period, including regular contact with Work and Income [WH3.5];
  • comply with any request from MBIE to audit the employer against SSE instructions and employment agreement conditions [WH3.5];
  • have direct responsibility for the daily work output and supervision of non-NZ workers recruited under SSE instructions [WH3.5];
  • promptly notify INZ if they become aware that a worker is breaching or has breached SSE work visa conditions [WH3.5];
  • employ no more than the number of SSE workers stated on the approval in principle at any given time [WH3.5].

The employment agreement provided to workers must be the same as that provided to INZ with the application, unless the version given to the worker is more beneficial to the worker [WH3.5].

How INZ determines an SSE AIP application

SSE approval in principle will only be granted where:

• INZ is satisfied that the employer is a New Zealand employer as set out at WH1.5.1 [WH3.5]; and
• the employer meets the requirements of WH3.5.1 [WH3.5]; and
• the employer has established a relationship with the appropriate regional Work and Income office(s) concerning their seasonal labour requirements [WH3.5]; and
• INZ, in consultation with MSD and relevant industry bodies, is satisfied that no suitable New Zealand citizen or residence class visa holder workers are available to undertake the work [WH3.5]; and
• the employer has complied with the conditions of any previous SSE approval in principle [WH3.5].

INZ may approve a lesser number of positions, or a lesser period of work, if it considers the requested number is not appropriate or exceeds the forecast labour shortage for the region and period [WH3.5].

INZ may consult with other MBIE groups, WorkSafe, Inland Revenue, ACC, the NZ Council of Trade Unions, and any relevant unions, agencies, and industry bodies when determining whether the employer meets the requirements [WH3.5].

INZ will decline an application if it would create unacceptable risks to the integrity of New Zealand's immigration or employment laws or policies [WH3.5]. INZ will also decline where the employer, or a person associated with the employer who can influence recruitment, employment or supervision:

• has a history of non-compliance with immigration or employment law (including failure to meet W2.10.15 and W2.10.20) [WH3.5]; or
• is currently on a list of non-compliant employers maintained by MBIE (Appendix 10 or Appendix 18) [WH3.5]; or
• has been convicted at any time of an offence under sections 98 (Dealing in slaves), 98C (Smuggling migrants) or 98D (Trafficking in persons) of the Crimes Act 1961 [WH3.5].

A decision will not be made significantly in advance of the period requested, to ensure accurate information is available on the availability of suitable New Zealand workers in the region [WH3.5].

Minimum employment agreement requirements

Employment agreements under SSE instructions must:

• be genuine [WH3.5];
• be for planting, maintaining, harvesting or packing crops in the horticulture or viticulture industry [WH3.5];
• be for a period of work of no more than six months [WH3.5];
• specify a per-hour rate (any training period rate must be specified separately) [WH3.5];
• where piece rates apply, also specify the piece rate(s) [WH3.5];
• provide that the worker will be paid no less than the market rate (see WH3.5.15) [WH3.5];
• comply with all relevant employment law (Accident Compensation Act 2001, Wages Protection Act, Minimum Wage Act, Health and Safety at Work Act 2015, Employment Relations Act, Equal Pay Act 1972, Holidays Act) [WH3.5].

Market rate

For SSE instructions, 'market rate' is the typical rate a New Zealand citizen or residence class visa holder is paid for equivalent work or training, in the same period and region. It may be expressed as a per-hour rate or a piece rate [WH3.5].

Reconsideration of declined AIP applications

There is no statutory right of appeal against a decision to decline a request for SSE approval in principle. However, INZ may reconsider a declined application if the employer promptly provides new information [WH3.5].

Further restrictions after AIP is granted

If, in consultation with MSD, INZ considers that the number of positions or period of work approved in the AIP is no longer appropriate to labour market conditions in the region (for example, if suitable New Zealand workers become available due to a redundancy situation), further restrictions may be imposed on the number of positions or period of work [WH3.5]. The employer is notified in writing, and the restrictions apply only from the date of that written notification; existing workers are not affected [WH3.5].

How to apply for SSE approval in principle

An application for SSE approval in principle must be:

• made in New Zealand on the prescribed form [WH3.5];
• accompanied by the prescribed fee [WH3.5];
• supported by evidence that the employer meets the requirements of WH3.5.1 [WH3.5].

Eligibility criteria

SSE work visas are granted only where INZ, in consultation with MSD, has determined that there are available positions of employment [WH3.1]. The employer must hold a current SSE approval in principle [WH3.1]. The worker must be onshore and must not have previously held an SSE work visa [WH3.1].

Under WH3.10, an applicant for an SSE work visa must:

• be aged 18 or older [WH3.10];
• meet health and character requirements as set out at A4 and A5 [WH3.10];
• be a bona fide applicant as required by E5 [WH3.10];
• hold a return ticket to their home country or provide evidence of sufficient funds to purchase a return ticket [WH3.10];
• hold a current temporary entry class visa in New Zealand [WH3.10];
• not have previously held a TRSE or SSE work visa [WH3.10];
• not have held any type of work visa since their most recent entry to New Zealand [WH3.10];
• satisfy an immigration officer that they have a genuine intention to work for an eligible employer in the horticulture and viticulture industries [WH3.10].

Evidence of genuine intention may include a job offer from an SSE employer, travel arrangements to regions where SSE employers are located, a harvest trail plan, correspondence with seasonal coordinators, or evidence of contact with SSE employers whose details are available on the Immigration New Zealand website [WH3.10].

SSE work visas will only be granted where there are available positions of employment, as determined by INZ in consultation with the Ministry of Social Development [WH3.10].

Visa conditions and currency

SSE work visas are granted for a period of six months [WH3.10]. The visa is subject to the condition that the holder may only undertake work planting, maintaining, harvesting or packing crops in the horticulture or viticulture industry for an eligible employer [WH3.10]. SSE work visas do not include travel conditions, meaning the visa cannot be used for travel outside New Zealand and re-entry [WH3.10].

Interpretation & edge cases

The SSE scheme supplements the New Zealand workforce on a temporary basis, with strict conditions ensuring that workers are not used as a long-term solution to labour shortages [WH3.1]. The one-time visa limit and onshore-only requirement distinguish SSE from other seasonal work schemes, notably the Recognised Seasonal Employer (RSE) scheme, which allows offshore recruitment and multi-entry travel for workers from eligible Pacific countries.

Employers who hold both RSE status and SSE approval must ensure they do not exceed the respective worker limits under each scheme, and must not use SSE workers to replace RSE workers in circumstances that would breach either set of instructions.

INZ retains the ability to impose further restrictions on an employer's SSE approval in principle after it has been granted if labour market conditions change, but these restrictions do not affect workers already employed [WH3.5]. Employers may also seek reconsideration of a declined AIP by promptly providing new information, though there is no statutory appeal [WH3.5].

Citations

• WH3.1 — Supplementary Seasonal Employment Instructions
• WH3.5 — Supplementary Seasonal Employment (SSE) – Approval in Principle
• WH3.10 — Supplementary Seasonal Employment (SSE) work visa instructions