Employing Migrants in New Zealand: A Practical Legal Guide for Employers

Elly Fleming

30 September 2025

With the Accredited Employer Work Visa (AEWV) framework in place, many employers are now working through essential processes, such as employer accreditation and job checks, that play an increasingly important role in supporting migrant employees. 

While employing migrants brings great benefits for New Zealand employers, it also comes with serious legal responsibilities employers must be aware of and understand. Three areas where employers frequently get caught out are: 

1. Providing immigration advice 

2. Understanding cost responsibilities  

3. Maintaining compliance with immigration and employment obligations 

Here’s a practical and helpful guide to the dos and dont’s New Zealand employers should be aware of when employing migrant workers, with recent examples. 

Know your boundaries when it comes to immigration advice 

Under the Immigration Advisers Licensing Act 2007, only licensed immigration advisers or exempt professionals (such as lawyers) can give immigration advice. Employers can, of course, support their migrant employees through the visa process, but must not cross the line into giving immigration advice. 

What employers can do: 

• Provide factual information (e.g. “The job check has been approved” or “Here is the link to Immigration New Zealand’s website”). 

• Supply documents that Immigration New Zealand requires (e.g. employment agreements, job check approval, business information). 

• Confirm details about the role (e.g. salary, hours, duties). 

• Encourage or refer migrant employees or prospective employees to seek independent advice from a licensed immigration adviser or immigration lawyer if they have questions or need assistance with their visa application. 

• Ensure compliance with visa conditions – monitor migrant employees’ visa conditions, including expiry dates. 

What employers can’t do: 

• Tell a migrant employee which visa to apply for. 

• Suggest what supporting evidence they should provide to Immigration New Zealand. 

• Complete or interpret visa application forms or write personal letters or statements on a migrant employee’s behalf. 

• Advise on resolving visa complications (e.g. overstays, declines, visa eligibility). 

• Interpret immigration law or policy. 

• Charge for assistance. 

Doing any of the above is an offense and penalties can include fines up to NZ$100,000, imprisonment, or both.  

Remember, only licensed immigration advisers or exempt professionals (such as lawyers) can give immigration advice. While many employers are genuinely attempting to be helpful, it’s important support doesn’t cross a legal line. 

Managing cost responsibilities – who pays for what 

One of the clearest rules under the Accredited Employer Work Visa (AEWV) system is that employers must bear the costs of being an accredited employer and completing job checks. These are business costs, not migrant employee costs. 

Employers must pay for:  

• Accreditation fees (application and renewal) as well as associated legal/immigration advice fees. 

• Job check application fees as well as associated legal/immigration advice fees. 

• Recruitment and advertising costs. 

• Compulsory training and induction costs related to the job (including on-the-job training). 

• Health and safety equipment required to undertake employment safely. 

• Branded uniforms. 

• Tools where the ownership of the tools is retained by the employer. 

Migrant employees or employers can pay for: 

• Immigration New Zealand (INZ) visa application fees (including any fees related to family members). 

• Medical checks and police certificates (if required for a visa application). 

• Costs related to personal documentation (e.g. translations, passports, document gathering). 

An employer that asks a migrant employee to reimburse accreditation, job check, or recruitment or advertising expenses, or other related expenses that are the employer’s responsibility, or deducts these costs from wages or salary (directly or indirectly), is in breach of immigration rules and could lose employer accreditation. 

Compliance with immigration and employment obligations 

Once accredited, employers must continue to meet strict standards to keep their accreditation.  

Common pitfalls employers can face include: 

• Failing to pay the specified hourly rate as stated in the visa conditions. 

• Not meeting minimum employment standards (e.g. holiday pay, sick leave, and employment agreement requirements). 

• Not keeping proper records of pay, hours and working conditions. 

• Forgetting to report changes to INZ, such as when a migrant employee leaves employment. 

• Unlawful deductions or practices that disadvantage migrant employees, such as unlawful bonding clauses or forced car loan agreements. 

• Allowing migrant employees to work after their visa expires. 

• Assigning migrant employees work outside their visa conditions (e.g. sending them to work in a location not covered by their visa conditions or asking them to work in a different role).  

For employers, non-compliance may result not only a loss of accreditation, but also infringement notices or being barred from employing migrant workers in the future. For migrant employees, serious consequences may include receiving a deportation liability notice or being unable to obtain another work visa. 

Penalties can include: 

• A fine of NZ$1,000 for an individual, or NZ$3,000 for body corporate or other entity (companies). 

• Loss of accredited employer or Recognised Seasonal Employer (RSE) status. 

• Being banned (stood down) from supporting further visas for migrant workers for a period depending on the number of infringement notices the employer receives. 

• Criminal charges. 

Recent examples of employer related offending and Immigration New Zealand’s (INZ) response: 

• August 2025 – A Hamilton man was ordered to repay over NZ$40,000 for repeatedly assigning two migrant workers to roles not covered by their visas, underpaying them and requiring excessive hours (Source: Immigration New Zealand).  

• August 2025 – SSB Group in Tauranga was fined NZ$12,000 for assigning migrant employees to tasks outside their visa conditions. Their accreditation was revoked (Source: Immigration New Zealand).  

• July 2025 – A Samoan national in Auckland was sentenced to six months’ home detention for facilitating migrant exploitation, arranging accommodation and managing visa applications while knowing workers were not permitted to work. They also underpaid workers and denied basic rights (Source: Immigration New Zealand). 

• July 2025 – A Christchurch employer was sentenced to four months’ home detention for providing false or misleading information to Immigration New Zealand and aiding a breach of visa conditions (Source: Immigration New Zealand). 

• June 2025 –  RJ Prime Investments Limited in Hamilton was fined NZ$3,000 for allowing a migrant to work at a location not authorised by their visa. They were added to the employer stand-down list, barring them from hiring migrant workers (Source: Immigration New Zealand). 

These examples highlight the real consequences of non-compliance with immigration and employment obligations.  

How to be compliant with immigration and employment obligations – tips for employers  

• Be transparent: Make it clear in employment agreements who covers which costs. 
  
• Train your team: Ensure your team, including managers and recruitment staff, understand the limits on providing immigration advice and know which costs cannot be passed on to migrant employees.  

• Partner with experts: Build relationships with licensed immigration advisers or immigration lawyers who can provide advice when needed. 

• Protect your accreditation: Stay on top of immigration and employment law obligations. 

• Stay compliant: Regularly audit employment related practices, pay structures and visa adherence. 

• Document carefully: Keep clear records of visa conditions, wages, hours, roles and any changes in work arrangements. 
  
• If in doubt, get expert advice: Engage professionals whenever you are uncertain about your obligations or need help auditing your processes to ensure compliance with immigration and employment requirements. 

Key takeaway   

Employing migrant workers offers significant business opportunities but also carries important responsibilities. Employers must limit their role to providing factual support rather than immigration advice, accept responsibility for business-related costs, and maintain full compliance with immigration and employment obligations. 

By doing the right thing, you not only stay compliant but also build trust and loyalty with your migrant workforce.  

If you need help, get in touch. Our combined immigration and employment expertise brings you a significant business advantage. 

Our team of specialist immigration and employment lawyers has extensive experience supporting New Zealand employers. We deliver clear, practical advice on employer accreditation, visa processes and workplace obligations, helping you stay compliant and avoid costly mistakes that could jeopardise your business or accreditation.  

With our integrated expertise in both immigration and employment law, we can deliver tailored guidance specific to your organisation.  

Disclaimer: The information contained in this publication is of a general nature and is not intended as legal advice. It is important that you seek legal advice that is specific to your circumstances.