The infringement scheme was introduced to support the changes outlined in the Worker Protection (Migrant and Other Employees) Act. This Act strengthens enforcement measures to deter employers who exploit migrant workers, and ensure these workers are protected by both immigration and employment laws.

The scheme allows MBIE Immigration to issue infringement notices to both accredited and non-accredited employers who commit low level offences, including if they:

• allow a person who is not entitled under the Immigration Act 2009 to work in the employer’s service to do that work
• do not employ a person in a way that is consistent with a work-related condition of that person’s visa
• fail to provide documents requested by an immigration officer (under new section 275A) within 10 working days.

Infringement penalties can include:

• a minimum fine of $1,000 for an individual, or $3,000 for body corporate or other entity (companies)
• loss of accredited employer or Recognised Seasonal Employer status, and
• being banned (stood down) from supporting further visas for migrant workers for a period of time depending on the number of infringement notices the employer receives.

More serious breaches may result in criminal charges.

Employers cannot get their accreditation back or support visa applications while they are ‘stood down’. An employer can receive a 6-month stand-down for a single infringement notice, an extra 6-month stand-down for each subsequent infringement notice and a 12-month maximum stand-down for multiple notices issued at one time.

While an employer is on the stand-down list, they can continue to hire migrants on open work visas or migrants who hold a current the Accredited Employer Work Visa (AEWV). When the stand-down ends the employer must show they have rectified the matter and done what is needed to stop it happening again, before they can gain accreditation again under AEWV. MBIE will notify those who are impacted, including employees.

Any employers who have been penalised and temporarily barred from hiring migrant workers will be published on the INZ website. This list aims to increase transparency in the immigration system.

Immigration stand-down list

When an employer has received an infringement notice, they have the right to either dispute the notice (court hearing) or request a review (internal).

An employer can:

• dispute an infringement notice on the basis that they deny liability for the offences
• dispute the amount of the fines, or
• request a review or reconsideration of an infringement notice.

Immigration law for employers