Immigration law for employers

Employers who breach immigration law can be fined, imprisoned, lose their accreditation status and be placed on a stand-down list.

Employers must comply with Immigration law

Employers who do not comply with immigration law can face consequences such as:

  • loss of accreditation status
  • being prevented from hiring migrants, by being placed on a stand-down list
  • infringement fees
  • fines, and
  • imprisonment.

These consequences apply to all employers who hire migrants, and are not limited to accredited employers.

Immigration employment infringements

Employers can be issued an infringement notice for each infringement offence with an NZD$1,000 fee for individuals, or NZD$3,000 for body corporates if they:

  • employ someone who is not allowed to work in New Zealand, or
  • employ someone in a manner that is not consistent with the work-related conditions on their visa.

Note

Employers are responsible for making sure migrant workers are employed in line with all work-related visa conditions. An infringement notice may be issued if these conditions are not met, even if the employer was unaware of the breach. Conditions may include who the migrant can work for, their job, work location, hours of work and pay.

Employers can also be issued an infringement notice for each infringement offence with an NZD$1,000 fee for individuals and body corporates if they:

  • fail to provide specified employment documents when asked to by an immigration officer, immediately or if not practicable - within 10 working days.

Convictions for more serious Immigration Act offences will result in further penalties.

Breaches of immigration law can mean you will not be able to recruit migrant workers

If you receive an infringement notice or are convicted for breaching immigration law you may be placed on an immigration stand-down list.

This means that you will be unable to support visa applications for a set period of time. Serious immigration offences may result in you being unable to support visa applications permanently.

Immigration stand-down list

This is separate from the list of non-compliant employers maintained by the Labour Inspectorate for employers who breach employment law. You can be stood down from employing migrants if you breach immigration law or employment law.

Employment law

During a stand-down period, migrant workers who already hold valid visas can continue working for you while their visas allow them to. However, you cannot support another visa for an existing worker or a visa for a new migrant worker. You also cannot apply for an immigration employer status, such as employer accreditation.

Stand-down periods

Immigration employment infringements

  • 6 months for a single infringement notice
  • 12 months for multiple infringements notices

The maximum stand-down for multiple infringement notices issued at once is 12 months.

If an employer gets another infringement notice in the future, the stand-down period for the new infringement notice will overlap with the current one, so they will apply at the same time.

Example

An employer is issued 3 6-month infringement notices on 1 January 2026, so their stand-down period ends on 1 January 2027 (12 months is the maximum period an employer can be stood down for multiple infringement notices issued at a time). On 1 September 2026, they receive another infringement notice for 6 months. This stand-down period ends on 1 March 2027 – meaning the 2 stand-down periods overlap from 1 September 2026 to 1 January 2027.

Other Immigration Act offences

For the following Immigration Act offences, your stand-down period is determined by the fines you are given in court.

  • Making a statement or giving information that is false or misleading — Section 342 (1) (a) of the Act.
  • Helping someone to stay in New Zealand who is here illegally or does not meet their visa conditions — Section 343 (1) (d) of the Act.
  • Resisting or obstructing an Immigration Officer — Section 344 (d) of the Act.
  • Publishing or knowingly providing false or misleading information — Section 347 of the Act.
  • Allowing someone to work for you when they are not entitled to — Section 350 (1) of the Act.

Immigration Act - Part 10 Offences, penalties, and proceedings — New Zealand Legislation

Note

If you deny liability for an infringement offence and are subsequently issued a fine for that offence by a court, your stand-down period is also determined by the fine you are given in court. This may result in a longer stand-down period.

Table 1: Fines and stand-down periods for breaching immigration law
Fine Stand-down period
Up to and including NZD $1,000 6 months
Over NZD $1,000 but less than NZD $10,000 12 months
Over NZD $10,000 but less than NZD $25,000 18 months
NZD $25,000 or more 24 months

Accredited employers

If you are an Accredited Employer you will also lose your accreditation status, in addition to being stood-down from hiring migrants.

Your accreditation may also be suspended while we investigate an alleged immigration employment infringement, consider a review request, or while related court proceedings are underway.

Regaining accreditation

After the stand-down period has ended you must show you have addressed the non-compliance issue and taken steps to make sure it does not happen again.

After your stand-down period ends, you must show that you have:

  • fixed the issue that led to the stand-down
  • taken steps to prevent it happening again
  • met the requirements for employer accreditation.

A business with compliance failures cannot be closed and reopened under a new name to avoid those failures. We still take into account the compliance issues of the previous business or its .

Permanent bans for serious immigration offences

You will be permanently banned from supporting work visas if you are convicted and sentenced to prison or home detention for either of the following Immigration Act offences:

  • helping someone to stay in New Zealand who is here illegally or does not meet their visa conditions — Section 343 (1) (d) of the Act.
  • resisting or obstructing an Immigration Officer — Section 344 (d) of the Act.

You will also be permanently banned from supporting work visas if you are convicted, regardless of the penalty, under the Immigration Act for offences including:

  • supplying information to an immigration officer or refugee and protection officer that is false or misleading — Section 342 (1) (b) of the Act.
  • helping someone to remain in New Zealand unlawfully or to breach their visa conditions for your material benefit — Section 343 (1) (a) of the Act.
  • forging or misusing immigration or identity documents — Section 345 of the Act.
  • altering forms — Section 348 of the Act.
  • exploiting temporary workers - or migrants who are not allowed to work in New Zealand — Section 351 of the Act.

Immigration Act - Part 10 Offences, penalties, and proceedings — New Zealand Legislation

You will also be permanently banned, from supporting work visas if you are convicted, regardless of the penalty, under the Crimes Act for:

  • slavery — Section 98 of the Act.
  • smuggling or trafficking migrants — Section 98C and Section 98D of the Act.

Crimes Act - Sections 98 to 98D — New Zealand Legislation

The rules and criteria for permanent bans are available in appendix 18 of our Operational Manual.

Immigration instructions