SR2.1 Assessment of employment

SR2.1 Assessment of employment

SR2.1.1 Substantial match

1. An immigration officer may undertake a substantial match assessment to determine whether the applicant’s employment or offer of employment is listed at a specific ANZSCO level or in a specific occupation listed in the ANZSCO.
2. The assessment of a substantial match involves a determination of whether the applicant’s employment is substantially consistent with the ANZSCO Occupation (6-digit) level description for that occupation and with the tasks listed at the ANZSCO Unit Group (4-digit) level description for that occupational group, excluding any tasks which are not relevant to the Occupation description.
3. To be considered a substantial match to an occupation, the tasks relevant to the ANZSCO occupation description must comprise most of the applicant’s role.

Notes: Where no description is stated at the ANZSCO occupation (6-digit) level, an immigration officer should refer to the ANZSCO Unit Group (4-digit) description or the higher ANZSCO group (3-digit or 2-digit) level as necessary to determine a substantial match with the stated occupation. Similarly, where no ANZSCO core tasks are listed at the ANZSCO Unit Group (4-digit) level, an immigration officer should refer to a higher ANZSCO group (3-digit or 2-digit) level as necessary to locate the core tasks that ANZSCO associates with the stated occupation.
Determining whether an applicant’s employment substantially matches an ANZSCO occupation description may require consideration of the scope and scale of the employer’s organisation and operation (the size of the operation, the number of staff and managers, and whether management functions are centralised at a head office or undertaken by other managers).

SR2.1.5 Genuine employment

1. Employment will not be considered genuine if it is offered as a result of payment made by the applicant (or their agent or a third party) to the employer (or their agent or a third party) in exchange for securing that offer of employment. Such practices are contrary to the principles of the Wages Protection Act 1983, as well as to immigration instructions.
2. When assessing whether an offer of employment is genuine an immigration officer may consider (among other things) whether the remuneration offered for the position is comparable to the market rate for New Zealand workers in that occupation.

SR2.1.10 Compliance with employment and immigration law

1. All employers wishing to employ non-New Zealand citizens or residents must comply with all relevant employment (see R5.110) and immigration law in force in New Zealand.
2. A principal applicant’s employment must be compliant with all relevant New Zealand employment laws in force.

Effective 09/10/2023