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Answer

Penalties for employers breaching the Immigration Act 2009 are significant with heavy fines and the possibility of imprisonment for offences relating to exploitation of workers.

Immigration New Zealand actively examines employer records to monitor compliance with labour laws. They have significant power to enter a work place and force records to be handed over for inspection.

A failure to check an employee's immigration status has severe consequences. There is no acceptable excuse given the facilities made available by Immigration New Zealand to allow such checks to be made.

Employers need to have sound processes to ensure work visas are checked and expiry dates monitored.

Poor record keeping especially regarding time and wages can often cause significant problems. Failure to observe labour and immigration laws can cause work and residence visas to be declined. Precautions can also occur.

Our experienced employment law and immigration teams can provide assistance in these areas.

Have a question? Get in touch.

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