SECURING 5-Year Visa Pathway for Overseas COACHES
Gild Legal is pleased to share a significant success in the area of Accredited Employer Work Visa (AEWV) policy interpretation, following our recent representation of a business client based in Christchurch.
The matter involved securing a Job Check approval for the role of Gymnastics Coach (ANZSCO 452312), which is generally classified as a skill level 4 occupation. Our firm challenged Immigration New Zealand’s (INZ) initial position and successfully argued that the role should be assessed as a skill level 3 position under the newly introduced instruction WA3.16(d)(iii).
WA3.16(d)(iii) provision allows roles ordinarily classified as skill level 4 or 5 to be assessed at a higher skill level if:
- The ANZSCO definition explicitly states that some roles in the occupation are at a higher skill level; and
- The employer sets qualification and/or work experience requirements consistent with that higher skill level.
Our submission demonstrated that the coaching role required advanced technical knowledge of women’s artistic gymnastics (WAG), including a minimum of three years’ experience, international judging exposure, and expertise in high-performance athlete development. We also clarified that no New Zealand citizen or resident applicants met these requirements despite extensive advertising across industry platforms.
Importantly, the matter was reviewed by INZ’s Practice Lead and Operational Policy team, who confirmed the correctness of our interpretation and agreed that Gymnastic Coaches can be qualified for assessment at skill level 3. This classification removes the need for Ministry of Social Development (MSD) engagement and allows the employer to support a 5-year AEWV, providing greater certainty and long-term workforce planning options.
This case sets a valuable precedent for other gymnastics and sporting organisations across New Zealand seeking to recruit experienced coaches internationally. It also highlights the importance of robust legal submissions when dealing with policy ambiguity and operational inconsistencies.
At Gild Legal, we remain committed to providing strategic, policy-aware immigration advice that delivers practical results. If your organisation is looking to employ overseas talent under the AEWV scheme, we would be pleased to assist.
For further information or to discuss your matter in confidence, please contact our office.
