As an employer you’ll want to assist your migrant employees, so they can start work and transition into your workplace and their new community as easily as possible. At the same time, you’ll need to ensure that your interactions with potential migrants and any migrants currently working for you are within the law.
Under the Immigration Act 2009, an employer must not employ a foreign national who is not entitled to work in New Zealand or not entitled to work for that employer. This applies whether or not the employer knew that the foreign national was not entitled to work.
VisaView is a free online service provided by Immigration New Zealand. It lets an employer check a prospective employee’s entitlement to work in New Zealand for that employer. Find out more, register, and use VisaView.
Checklist - Employers who choose not to use VisaView should still check a prospective employee’s entitlement to work for them. See our work entitlement checklist [681KB] PDF and A guide to help employers check work entitlement [577KB] PDF
Many employers like to help new staff through their move to New Zealand and the immigration process, so it is important that employers are aware of the Immigration Advisers Licensing Act 2007. The Act was made to protect the interests of people receiving immigration advice and to enhance the reputation of New Zealand as a migration destination.
Under the Act, anyone giving immigration advice must be licensed unless they are exempt. This applies whether the person providing advice is in New Zealand or outside New Zealand. The Immigration Advisers Authority (IAA) is responsible for administering the Act.
It is not an offence to discuss publicly available information with potential migrants. You can refer them to information on our website. Or you can suggest that migrants contact us by phone or email if they need some advice. See the IAA website.
The IAA and INZ have developed a guide to help employers and recruiters understand their options. Immigration Advisers Licensing Authority factsheet [PDF, 192KB
INZ has designed information sheets to help your candidates decide on which option is best for them, according to the type of job you are offering. You can provide candidates with the link to these factsheets and discuss the information. Then the candidate can make their own decision about which visa option is best for their circumstances. See the employer resources section.
If you need some assistance with employment related matters, the Department of Labour website is a valuable resource. The Employment Relations section contains tools such as an employment agreement builder and other practical information and resources for employers and employees. See www.dol.govt.nz.
Work not allowed on a temporary visa: A person with a temporary visa cannot provide commercial sexual services, or operate or invest in a business of prostitution in New Zealand. People with open work visas can work in any other job. It is up to the employer to check the work visas of employees and make sure their work meets any restrictions that are noted in the visa.