You may not realise that non-compliance with the minimum employment obligations can result in a ban on hiring migrant workers, from six months to two years. More importantly, any existing employees on work visas would not be able to secure an extension of their work visa if the visa expires during a given ‘stand-down’ period, so affected employers could stand to lose existing employees as well.
Fines for non-compliance with immigration law range from $10,000 to $50,000 for each instance of illegal employment, to $100,000 for the provision of legal advice by a HR manager without lawful authority to do so.
Penalties for non-compliance with minimum employment standards for individuals range from $1,000 to above $25,000; for companies from $1,000 to above $50,000.
We are experts in this field and can keep you one step ahead with our comprehensive compliance audit. The sole aim of our carefully designed audit is to assist you to anticipate and avoid immigration or employment compliance related risks. We can also provide support with designing, implementing and monitoring your systems and processes to ensure compliance with your obligations as employers.
Contact us today to discuss how we can assist your business.
If you need to regularly recruit skilled overseas workers, consider becoming an Immigration New Zealand Accredited Employer. While you are accredited you can employ skilled migrant workers without first having to check if any New Zealanders can do the work.
We are experts in this area. If we believe that you do not qualify for employer accreditation we will inform you of our opinion so you can make an informed decision regarding your options.
With Immigration New Zealand employer accreditation you can:
- Employ overseas workers for an initial period of up to 30 months to work in your core area of business activity – you don’t have to check if any New Zealanders are available to do the work first.
- Support your workers’ pathway to residence. Your workers can apply for residence after 24 months of working for you, which if granted would allow them to work and live in New Zealand indefinitely.
- Support work visa applications for multiple overseas workers while you’re accredited.
Gaining Approval in Principle is an option for employers who have high-volume or repeat hiring needs. If your business requires a number of temporary workers in the same position, this is the recommended pathway.
To get your Approval in Principle, you must have genuinely attempted to recruit New Zealanders. You would need to show that you cannot fill the positions from the local or national labour force and that you are trying to recruit and up-skill New Zealanders wherever possible.
As an employer you must be financially sound and can show that you can sustain the number of positions you are seeking approval for. Your company directors and managers must also be fit and proper people.
Once you obtain the Approval in Principle, the process for migrant workers’ visa applications is fast tracked by Immigration New Zealand.