工签解释信问题

南半球的风筝

申请工签，被要求写解释信，下面是要解释的问题，这种情况能批吗？下一步该怎么办？。谢谢
(01) No satisfactory evidence of genuine attempts by your employer to recruit New Zealand workers
It appears that you may not meet the criteria for a work visa under the Essential Skills category because there may be New Zealand citizens and residents available who are capable of filling the position being offered to you.
As part of work visa applications under the Essential Skills instructions we need to undertake a labour market test to see if New Zealand citizens or residence class visa holder workers are available to take up the position offered to you. If the results of the labour market test show that New Zealand workers are available to take up the position offered to you, a work visa application will normally not be approved. (see attached WK2.5, WK2.15, WK2.10 & WK2.10.5 Immigration instructions)
We refer you to Immigration NZ Instruction WK2.5(b)(ii) which states that -
b.       Immigration officers must not grant a work visa to a non-New Zealand citizen or residence class visa holder worker applying on the basis of an offer of employment, unless they are satisfied that:
ii.            there are no New Zealand citizens or residence class visa holders available to do the work offered (see WK2.10 - attached);
Immigration instructions WK2.10.5 ‘Definition of genuine attempts' states the extent and nature of advertising or use of other appropriate means of recruitment is such that any suitable New Zealand workers would apply or be likely to apply for the position(s).
?         From the information provided with your application we are not satisfied that your employer has made genuine and extensive attempts to recruit New Zealand citizens or residents to fill this position as required by immigration instructions WK2.10.5 (attached below). No evidence of recent advertising has been supplied to support that your employer has made genuine and extensive attempts.  
?         The employer has not demonstrated they have undertaken recent nationwide advertising/internet advertising or use of any other appropriate means of recruitment such that any suitable New Zealand workers would apply or be likely to apply for the position.
?         As such, we cannot be satisfied that there are no suitable New Zealand citizens or residence class visa holder workers who can take up the work on offer; or readily be trained to do the work on offer. Therefore it appears you do not meet instructions WK2.10 and WK2.5.
?         Employers requesting to employ overseas staff must make a case for such recruitment which illustrates why there are no suitably qualified and or experienced New Zealand citizens or residents available to do the work.  Your employers case must include from your employer evidence of attempts to recruit staff from within New Zealand, how many people applied and reasons why any New Zealand applicants were not suitable.
The New Zealand labour market constantly changes therefore it is important that employers wanting to recruit workers from overseas first make genuine and extensive attempts to find local workers to ensure employment opportunities are available to New Zealanders.
(02) Labour market check
                                                                     
We are currently conducting a labour market check with Work and Income New Zealand (WINZ) to check if this position can be filled locally and if there are people available who can do the job offered to you.
If the labour market checks show that New Zealanders are available and or readily trainable in the position offered to you; then your work visa application may not be approved. It also appears that your employer has not engaged with WINZ to find suitable New Zealand workers to fill this position.
Factors irrelevant to determining availability of New Zealanders
While we note this is continued employment, as per Immigration New Zealand’sInternal Administration Circular 09/05 (available on our website) the factors listed below are irrelevant to determining the availability of New Zealanders for the purposes of a work visa application under the Essential Skills instructions:
?         whether an applicant is well regarded/highly valued by their employer;
?         whether the applicant is claimed to have specialist skills/be well trained in a job that is readily trainable;
?         whether the applicant (and family) is well settled in New Zealand; and
?         whether the applicant is willing to undertake the work at pay and conditions that would not be attractive to a New Zealander.
(03) Market rate
          The objective of work visa instructions is to ensure that the employment in New Zealand of non-New Zealand citizens and residence class visa holders does not undermine the wages and conditions of New Zealand workers.
         Immigration New Zealand must ensure that the terms and conditions specified for the work on offer are not less than those of the New Zealand market, including payment at the New Zealand market rate.
         The hourly rate offered to you as per your employment agreement is $22.00 per hour.  Information shows that market pay rate / salary for this occupation are higher than your offered hourly rate. The CareersNZ website advises that most massage therapists earn between $50 and $120 an hour depending on their experience, the type of treatment they give, and what region they work in.
         Your hourly rate appears to be below the current market rate for this occupation. At this stage we are not satisfied that your application meets Immigration Instructions WK1.1c and W2.10.5d is met.
(01) ANZSCO match for a Massage Therapist
You have claimed that your employment with Apollo Therapy & Reflexology Ltd is that of a Massage Therapist.  Message Therapist falls under ANZSCO 411611, which is a Skill Level 2 ANZSCO occupation.
Immigration Instruction WK1.5 states that assessment of the skill level of an occupation for the purposes of Essential Skills work instructions is primarily based on the Australian and New Zealand Standard Classification of Occupations (ANZSCO), which classifies occupations according to the skill level required to perform the tasks of each occupation.
To assess the skill level of an occupation using the ANZSCO, immigration officers must be satisfied that the offer of employment substantially matches the description for that occupation (including core tasks) as set out in the ANZSCO.
Based on previous verification undertaken on your employment, Immigration NZ is not satisfied at this stage that your position is comparable to that of a Massage Therapist. Based on verification undertaken it appears you do not undertake the following tasks;
?         utilising a range of massage techniques to enhance sports performance and prevent injury
?         assessing and treating specific soft tissue dysfunction and providing rehabilitation advice
?         employing other techniques, such as acupressure or Shiatsu, and complementary aids, such as infra-red lamps, wet compresses, ice, essential oils and herbal and mineral therapies, to assist recovery
Based on verification undertaken, it appears that your role does notsubstantially match the description for a Massage Therapist as set out in the ANZSCO (above).   
Immigration NZ is not yet satisfied that your offer of employment substantially matches the description for your claimed occupation (including core tasks) of Massage Therapist as set out in the ANZSCO.
The relevant instructions are attached for your information.
We have not made a decision on your application at this stage. We invite you to make comments or provide further information in response to our concerns.

chenxian352

您好，我也遇到了同样问题，关于Labourtest和薪水。麻烦问下您最后是通过解释信搞定的么？谢谢了。

henry14

No worries. Give them good reasons if you hire a good advisor. My boss can be your advisor if your situation is real. PM me if you want.

susie77

移民官第一是质疑你的岗位并非只有你才能胜任，本地劳动力一样可以做，所以你需要解释这一点；移民官同时也指出你的雇主给你提供的薪资是低于你这个职务的普遍市场薪资，所以你需要跟你的老板沟通怎么解决。

祝你好运

purpleapple

什么职位啊？这个回复写的挺清楚为什么拒绝什么原因，如果这个职位的确很低出不了工签那解释作用也不大啊。。。