New Zealand Employers Hiring Overseas Workers
If you’ve been struggling to recruit local workers in your business, you may be able to hire workers from other countries to help fill certain roles in your business.
When hiring overseas workers, an employer must meet certain criteria to be able to offer a role and ensure that your new employees can work legally in New Zealand.
Understanding your requirements and responsibilities when hiring foreign workers is crucial but can feel overwhelming.
Our team at Immigration Chambers can help employers, including corporate and large employers to ensure they are meeting all of the necessary requirements including employer accreditation and ensuring their potential
new employee has the correct visa.
We can help make growing your business with migrant workers easier.
Employing Overseas Workers in New Zealand
Before an employer can recruit a migrant worker in their business, a number of things need to be considered and completed.
First, an employer must ensure that have tried to fill the vacant roles in their business with the local New Zealand workforce.
You must also ensure that the migrant worker you plan to hire has the right visa to work for you. If they already have a visa with open work rights, you may be able to hire them, however, if they require a visa, you will need to become an Accredited Employer.
As the employer, the onus falls on you for ensuring you’re hiring someone who can legally work for you, so working with immigration advisors, like Immigration Chambers can make the process a lot easier for you.
What a New Zealand Employer Must Know
When an employer in New Zealand hires migrant workers, it’s important that they are aware of their obligations. Two key obligations are:
- Not only do you need to comply with New Zealand’s immigration laws when you hire foreign workers, but you also need to comply with New Zealand’s employment laws and ensure that you understand the terms and conditions of employment for a migrant candidate are the same as those for a New Zealand resident or citizen.
- It’s important to be aware that as an employer, unless you are a licensed immigration adviser, you cannot provide advice on immigration matters, including advising which visa is right for them. You can provide information of licensed immigration advisers who can assist.
At Immigration Chambers, we can help you ensure you meet all of your obligations as an employer.
How Immigration Chambers Can Help
Immigration law can be complex and overwhelming, but here at Immigration Chambers, we’re here to make understanding your options and ensuring you meet all the necessary requirements as an employer a lot easier.
Our team of immigration specialists include accredited immigration lawyers and licensed immigration advisers who are not only vastly experienced in all manner of immigration law matters but are also well versed in the latest immigration laws and restrictions for New Zealand.
Hiring migrant workers may feel like an overwhelming process but with our support, we can take the pain out of the process and ensure that you can find the workers you need for your business. Our team is here to assist you with meeting your requirements.
We can assess your situation and ensure you’re submitting the correct information, that you meet the necessary requirements, and that your potential employers are applying for the right type of visa.
We understand immigration matters are overwhelming and stressful, so we’re here to take the hassle out of the process for you.
Why Choose Immigration Chambers for New Zealand Immigration matters?
Here’s why people choose Immigration Chambers for assistance with immigration and visas for New Zealand:
We make the process easier
Immigration and visa matters are often complex but we’re here to take the stress and confusion out of the process and ensure that you have the right information for your situation.
Our team is made up of qualified immigration experts – both immigration lawyers and immigration advisers. Our knowledge is up-to-date and accurate.
We pride ourselves on being able to advise businesses and individuals on all aspects of immigration law and ensure that our advice leads to successful outcomes.
We will always keep you up to date with the latest news and any changes to policies and laws that could impact your visa application.
Frequently Asked Questions
Employers bear the legal responsibility to ensure their employees have the right to work in New Zealand, with strict penalties in place for non-compliance. Employers must validate and maintain records that confirm checks on work entitlements were performed.
Breaches of the Immigration Act 2009 entail:
– A maximum fine of NZD $10,000 for employing a foreign national not authorised to work.
– A maximum fine of NZD $50,000 for knowingly permitting or continuing to permit an unentitled foreign national to work.
– A maximum penalty for exploiting a foreign national, whom the employer knowingly allowed to work without entitlement, includes up to seven years of imprisonment, a fine of up to NZD $100,000, or both.
Employers must adhere to the following:
– Ignorance of a worker’s visa validity is not an excuse. Legally, it is the employer’s duty to confirm all staff have legal work status in New Zealand. Visa View can be used for these checks.
– Unless licensed or exempt (such as lawyers or the Citizens Advice Bureau), employers cannot provide immigration advice to candidates. Instead, direct them to the Immigration New Zealand website or its Contact Centre for information.
– Employers cannot hire migrants with temporary visas for commercial sexual services.
– Employers must not undercut migrants by paying them below, or providing conditions lesser than, New Zealand’s workplace minimums. Migrants should be afforded the same rights as New Zealand citizens and residents.
Working with an immigration specialist, like Immigration Chambers can help to ensure you avoid any non-compliance issues.
As an employer, unless you or someone on your team is a licensed immigration specialist, you cannot provide advice to your employees. You may be able to assess whether their visa is correct
based on your experience, however, if you’re looking to confirm this information or your potential employee asks you for information on finding the right visa for them, you must point them in the direction of the services of an immigration specialist who is licensed or publicly available immigration information.
As the employer, you must ensure that you’re hiring someone who has a valid visa and is legally able to work for you.
To check that their visa is valid, you can use the Immigration New Zealand VisaView tool which allows you to check visa status. You can also do a document check, which involves reviewing documents such as a foreign passport with a valid New Zealand work visa or any New Zealand visa that allows them to work, or a New Zealand residence class visa. Some visa holders may have an eVisa rather than a visa in their passport.
Immigration New Zealand strives to ensure that temporary migrant workers are hired only for legitimate shortages, while also aiming to facilitate employers’ access to the necessary skills and labour.
Achieving company accreditation involves submitting a thorough application to Immigration New Zealand, covering various topics. The evidence needed and the criteria to be met in each section will hinge on the kind of accreditation being pursued. Our seasoned consultants will assess the requisite level, evaluate the evidence supplied, and confirm that the INZ benchmarks are satisfied for the relevant category.
Employer accreditation is valid for 12 months initially once it is granted, and then you may apply for a renewal of your accreditation, which may be granted for an additional 12-24 months depending on the type of business that you have.
Contact us today for an initial enquiry
We are New Zealand’s largest and most experienced team of licensed immigration advisers. Our experts will take away the stress and worry of navigating the complicated world of immigration. All you need to do is get in touch. Our team is on standby, ready to help.
Feedback From Our Clients
To be effective in this age of globalisation your business needs expertise to ensure your employees get the right visa as quickly as possible. We offer a full range of services.