2013-May 24: Employers who are unlawful

Visa Pak 113 - Information about employers who are unlawful in NZ and advice to staff about ensuring all employers offering work to non-New Zealand citizen or residence class visa holders are complying with all relevant employment and immigration law in force in New Zealand, including, that the employer offering work to a non-New Zealand citizen or residence class visa holder is lawfully in New Zealand

Visa Paks

24 May 2013

Operations Support has recently been made aware of cases where employers offering work in New Zealand to non-New Zealand citizens or residence class visa holders are themselves, living and working in New Zealand unlawfully.

W2.10.5 General requirements for employers requires employers wishing to employ non-New Zealand citizen or residence class visa holders to work in New Zealand to comply with all relevant employment and immigration law in force in New Zealand. Compliance with relevant New Zealand employment and immigration law includes, but is not limited to:

    i. paying employees no less than the appropriate statutory minimum wage or other contracted industry standard; and 
    ii. meeting holiday and special leave requirements or other minimum statutory criteria, e.g. health and safety obligations; and 
    iii. only employing people who have authority to work in New Zealand.

This list is not exhaustive.

Staff must ensure that employers offering work to non-New Zealand citizen or residence class visa holders are complying with all relevant employment and immigration law in force in New Zealand, including, that the employer offering work to a non-New Zealand citizen or residence class visa holder is lawfully in New Zealand.

  1. Staff must check that employers (where an individual is identifiable) offering work to non-New Zealand citizen or residence class visa holders are complying with all relevant employment and immigration law in force in New Zealand, including checking that the employer is lawfully living and working in New Zealand.
  2. Where staff are aware of an employer offering work to non-New Zealand citizens or residence class visa holders when they are not complying with all relevant employment and immigration law in force in New Zealand, (e.g. living and working in New Zealand unlawfully), the applicant should be advised that the employer is not complying with all relevant immigration law, (in accordance with E7.15 Potentially prejudicial information and IAC 11/09 Change in approach to temporary entry decision making)
  3. Staff should advise Compliance Operations in the appropriate region of the details of the unlawful employer.