One of the most critical documents in an employer-based work visa or SMC application is the Position Description (PD), aka Job Description.

The PD must show in detail, exactly what the job entails and INZ will cross-reference the PD to the tasks identified in ANZSCO - a 900 page classification of occupations in Australia and NZ. Although ANZSCO is only partially relevant to many positions, it is the only publication available. INZ refer to it in detail when considering immigration applications and they can be brutal in declining applications where they cannot readily identify that the PD is very closely aligned to the ANZSCO description of the role.

We see a surprising number of PDs, especially from larger corporates, where a generic PD has been produced covering multiple positions, which effectively say, do as you are told, help anyone who needs it and don't disobey the rules. How can a case officer identify from that, what your job is, and if it correlates with ANZSCO?

Make it easier for INZ to say 'yes' than 'no' by helping them to understand exactly what you do, who you report to, and which positions report to you.

With few exceptions, employers supporting work visa applicants must prove to INZ that they have made all reasonable attempts to recruit locally. This requires advertising the position in detail on Seek, Trade Me Jobs and with WINZ. However, it is critical that your advertising is specific and detailed, because if WINZ or INZ decide that the wording of the advertisement is such that the position could be filled by someone 'who with reasonable training' could fill the role, then you must employ that person.

This is especially important if the applicant has been with you for years, as INZ may also decline an application on the basis that you should have trained a local person to do the job in that time.

Getting it right is not easy, even when you understand the way INZ thinks. At Laurent Law, we follow a 40 stage process in preparing and submitting a successful work visa application.

The cost of getting it wrong and having a key person's work [or residence] application declined will be substantially higher for the firm and for the applicant, than would have been the cost of professional fees to do it right, the first time.