2014-Mar 21: Exploitation of Workers

Visa Pak 153: Guidelines for INZ staff to be mindful of where to send back passports to avoid assisting employers who may be exploiting their Workers

Visa Paks

21 March 2014

Exploitation of Workers

INZ has received a number of allegations of employers exercising control over vulnerable migrants by withholding their passports. In order to avoid inadvertently assisting such employers (especially to employers for whom we have received allegations about unlawful practices) staff should be mindful of the addresses to which they send passports, particularly for work visa applications.

Processing Concerns

The concerns identified are:

  • The return of passports to PO Box addresses (often that of the employer)
  • The return of passports directly to the employer
  • Residential and business/contact details provided are those of the sponsoring employer. This hinders Compliance Operations from the identification of any breaches and locating unlawful clients.

The Immigration Act 2009 s57(2) states that applicants must specify a physical address to which any communication relating to an application must be sent. The applicant should supply a street address for this purpose and INZ must use this address for all correspondence including documents such as passports. This address also serves as the "New Zealand address" for service of notices (sections 386/387 of the Act). If the client provides a PO Box number, they should be contacted and asked to provide a physical address, preferably their own (rather than their employer’s). If the client insists that we use their employer’s physical address for correspondence, then we must accept this.

A client’s vulnerability and likelihood of exploitation is increased when the employer holds the client’s passport. Furthermore, information on work rights and links to translated versions enclosed with the work visa approval letter are unlikely to reach applicants whose employers are in breach of employment or immigration law. If there is a branch warning or you have concerns in this area regarding an employer, and only the employer’s address has been provided for correspondence, then it would be advisable to contact the applicant to request an alternative address.

Action

Best practice is to use the physical address, which excludes PO Box numbers, of applicants, licensed or exempt immigration advisers for all correspondence including documents such as passports.