Annex 11: Commitments on Temporary Employment Entry by Natural Persons
New Zealand's Commitments made pursuant to Article 130
New Zealand's commitments in respect of temporary employment entry for natural persons in these specific occupations, including those relating to temporary employment entry for skilled workers to work in specified skilled occupations, do not affect the opportunity for Chinese natural persons to apply to enter New Zealand to take up temporary employment under New Zealand's immigration policy outside the arrangements under the New Zealand-China Free Trade Agreement ("the FTA arrangement"). If it is possible to take up temporary employment entry under New Zealand immigration policy outside the FTA arrangement, the maximum numbers in these commitments will not affect that possibility.
Applications by Chinese natural persons for temporary employment entry in these specific occupations will be processed in a transparent manner consistent with the provisions of Article 128¹.
| Temporary employment entry for natural persons in the following occupations | Conditions (including numbers, duration of stay and other requirements) |
|---|---|
| Traditional Chinese Medicine ("TCM") Practitioners, including nurses | Up to 200 at any
one time.
Duration Up to three years at any one time, dependent upon the employment agreement. This cannot be extended beyond three years, and TCM practitioners who have spent three years in New Zealand working under this provision of the FTA are not eligible for a further work visa or work permit under this provision of the FTA until they have spent a minimum of three years outside New Zealand. Requirements A Chinese national who has a higher education degree², requiring at least three years of successful study in Traditional Chinese Medicine from an institution recognised by the Chinese government. |
| Chinese Chefs | Up to 200 at any
one time.
Duration Up to three years at any one time, dependent upon the employment agreement. This cannot be extended beyond three years, and Chinese chefs who have spent three years in New Zealand working under this provision of the FTA are not eligible for a further work visa or work permit under this provision of the FTA until they have spent a minimum of three years outside New Zealand. Requirements A Chinese national who has a Chinese Occupational Skills Testing Authority Certificate Level 3 in traditional Chinese cuisine. |
| Mandarin Teaching
Aides
|
Up to 150 at any
one time.
Duration Up to three years at any one time, dependent upon the employment agreement. This cannot be extended beyond three years, and Mandarin Teaching Aides who have spent three years in New Zealand working under this provision of the FTA are not eligible for a further work visa or work permit under this provision of the FTA until they have spent a minimum of three years outside New Zealand. Requirements A Chinese national who carries out a range of language-teaching duties to assist the professional work of teachers in a New Zealand classroom, and thereby supports the acquisition of the Mandarin language by New Zealand school students. Mandarin language teaching aides must have a higher education degree², requiring at least three years of successful study. |
| Chinese Wushu Martial Arts Coaches | Up to 150 at any
one time.
Duration Up to three years at any one time, dependent upon the employment agreement. This cannot be extended beyond three years, and Wushu Martial Arts coaches who have spent three years in New Zealand working under this provision of the FTA are not eligible for a further work visa or work permit under this provision of the FTA until they have spent a minimum of three years outside New Zealand. Requirements A Chinese national with Wushu Grade 3-5 Certificate and a post-compulsory education qualification³ in either physical education or teaching, requiring at least two years of successful study from an institution recognised by the Chinese Government. OR Chinese Wushu Grade 6-9 Certificate and five years teaching experience. |
| Chinese Tour Guides | Up to 100 at any
one time.
Duration Up to three years, dependent on the employment agreement. This cannot be extended beyond three years, and Chinese Tour Guides who have spent three years in New Zealand working under this provision of the FTA are not eligible for a further work visa or permit under this provision of the FTA until they have spent a minimum of three years outside New Zealand. Requirements A Chinese national who, at the time of application for a visa under this provision of the FTA , holds a valid Tour Guide Licence in China (consistent with any relevant current or future arrangements between the Parties, including any agreed in the context of Approved Destination Status ("ADS") requirements). Chinese Tour Guides must be able to demonstrate knowledge of New Zealand, and hold International English Language Testing System ("IELTS") Level 5 in Listening and Speaking English. |
| Temporary
employment entry for skilled workers to work
in specified skilled occupations
|
Entry in respect
of skilled workers in specified occupations
drawn from sectors in which New Zealand has
an identified skills shortage. The sectors
to which this commitment applies shall be set
out in an arrangement established by an exchange
of letters between the Parties, which shall
be reviewed every five years by the Committee
on Movement of Natural Persons. The Parties
shall work towards the conclusion of a mutually
satisfactory outcome to the review. Until agreement
is reached, or as otherwise mutually agreed,
the five-year arrangement applying immediately
prior to the review shall remain in place.
Entrants shall be Chinese nationals. 1 If the requirements for a skilled occupation category identified as being in shortage in New Zealand, which is a specified skilled occupation under the FTA arrangement, are lowered, the requirements for that specified skilled occupation under the FTA arrangement will be correspondingly lowered. 2 For any specified skilled occupation category in the FTA arrangement, which still remains in the skills shortages list, if the qualifications or work experience requirements for that skilled occupation category identified as being in shortage in New Zealand are more restrictive, the qualifications or work experience requirements for that specified skilled occupation in the FTA arrangement shall apply for the entrants in such category, provided that the number of the entrants entered in accordance with the qualifications and work experience requirements in the FTA arrangement does not exceed 100 at any one time. 3 In the event that any specified skilled occupation category in the FTA arrangement is removed from the skills shortages list, labour market testing shall not be required for the entrants in that skilled occupation, provided that the number of such entrants does not exceed 100 at any one time. The qualifications and work experience requirements for the entry of such entrants shall not be more restrictive than those specified for such category in the FTA arrangement. 4 In any case, the overall number of entrants under the situations specified in paragraphs 2 and 3 shall not exceed 1000 at any one time. Duration For entrants under paragraphs 2 and 3, the working duration in New Zealand is up to three years, dependent upon the employment agreement. This cannot be extended beyond a total of three years, and Chinese skilled occupation workers are not eligible for a further work visa or permit under this provision of the FTA until they have spent a minimum of three years outside New Zealand. For any other entrants in a specified skilled occupation category, the duration policy shall be that set out in the Immigration New Zealand Operational Policy Manual. |
1. Conditions, including qualifications requirements relating to the FTA arrangements, shall be set out on the New Zealand Department of Labour's Immigration website. Information about the numbers of Chinese entering New Zealand under the temporary employment entry quotas will be included on the website and will be updated monthly. The Department of Labour will maintain a contact point in each Department of Labour branch in China, to provide information about the temporary employment entry arrangements under this Agreement. The Department of Labour will prioritise in each of its branches in China applications for work visas from Chinese natural persons made under this Agreement.
2. As defined in China's Higher Education Law of 1998.
3. In China this is education undertaken following completion of 9 years compulsory education. Nine years compulsory education is defined in China's Compulsory Education Law of 2006.
- Page last updated: 03 December 2008
