Labour Market Check
What is a Labour Market Check?
Carrying out a correct Labour Market Check is key to a successful Essential Skills visa application.
The government uses Temporary Work Visas to control the number of migrants working in New Zealand, ensuring job opportunities are available to New Zealand Citizens and permanent residents as a priority.
It is only possible to support an application for an Essential Skills Temporary Work Visa if you can demonstrate through a variety of evidence that there are no suitable NZ Citizens or Residents you could hire or train to do the job.
This is known as a Labour Market Check or LMC and, depending on the job and level of pay, this may include direct advertising, using a recruitment company or listing a vacancy with WINZ.
The Labour Market Check requirements change regularly.
Until mid-2020, the specific Labour Market Check requirements were based on the “skill level” of the job as determined by ANZSCO, a manual of job descriptions that was initially developed by the Australian Bureau of Statistics, not Immigration.
In mid-2020, the requirements changed - the duration of the visa granted is currently based on pay.
The type of Labour Market Check evidence you are required to provide is also based on the pay level of the role.
Many employers make the mistake of assuming ANZSCO is no longer relevant, so Immigration is not satisfied with their advertising and determines they had not made a genuine attempt to fill the role – leading to a visa decline.
You cannot wipe out information that has already been submitted to Immigration. Therefore, it’s vital you get good advice at the start of a Labour Market Check process.
Employer-supported Temporary Work Visa system
From mid-2021, the government will introduce a new employer-supported Temporary Work Visa system, with three checkpoints as follows:
The Employer Check
To pass the employer check you need Employer Accreditation in the new system. Only accredited employers will be able to hire a migrant worker on the employer-assisted work visa.
The Job Check
The job check will confirm the job pays market rate, the terms and conditions comply with employment laws, and you have done a Labour Market Test if required.
The Migrant Worker Check
Immigration will check to ensure that your prospective employee has relevant qualifications and/or work experience to carry out the job offered, and they will have to pass health and character checks.
Do you have staff who will need a Labour Market Check as part of their visa application?
Get in touch for an initial no obligation consultation