Photo credit: Tourism NZ Visual Library
Everyday HR conversations can cross the legal line
Many HR professionals genuinely want to assist their migrant employees. But under New Zealand’s Immigration Advisers Licensing Act 2007, only licensed immigration advisers or exempt persons (such as practising lawyers) can legally provide immigration advice. Even informal conversations can quickly move from general support into regulated territory. Examples include:
- Advising which visa an employee should apply for
- Interpreting visa eligibility or immigration policy
- Suggesting how to respond to an Immigration NZ request
- Preparing or checking visa application documents
What feels like helpful guidance may be viewed as unlicensed immigration advice. The law does not differentiate between “formal” and “informal” advice — if it influences a visa decision, it can count as regulated advice.
The risks and penalties for organisations and individuals
Since 31 March 2025, new licensing law changes and enforcement powers have made it even riskier for unlicensed parties to advise on immigration matters. The penalties are severe and include the following:
- Fines up to $100,000 for organisations
- Imprisonment of up to seven years for individuals
- Visa cancellations or adverse immigration decisions for affected employees
- Increased scrutiny and enforcement from regulators
- Risk of losing your Accredited Employer status
These penalties apply whether the advice was given in an email, a meeting, or an informal chat. Managers, team leaders and HR professionals all carry risk if they give advice outside their legal authority.
Damage to your company’s reputation and employee trust
The legal consequences are only part of the risk, with reputational harm often proving even more difficult to repair. When migrant employees receive incorrect advice, they may lose trust in their employer, lodge formal complaints, or even pursue legal action.
These outcomes can erode an organisation’s brand, weaken its ability to attract and retain skilled migrants, invite unwanted scrutiny, and diminish morale across the workforce. Even a single misstep can undo years of investment in building a supportive, compliant and trusted workplace culture.
Losing Accredited Employer status can also deliver a severe blow to your organisation. Without accreditation, your ability to hire and retain migrant workers through certain visa pathways is restricted, creating immediate staffing gaps and jeopardising long-term workforce plans.
This loss signals to employees, regulators and industry peers that your compliance systems may be inadequate and invites closer examination from immigration authorities. Rebuilding accreditation is a time-consuming and costly process, often requiring comprehensive audits, corrective actions and enhanced internal controls before approval can be regained.
How HR teams can protect their companies
To stay compliant and safeguard your company’s reputation:
- Train your HR team to recognise the difference between general support and regulated immigration advice.
- Refer employees to licensed immigration advisers or practising lawyers for any visa-related advice, such as Absolute Immigration NZ’s immigration strategists.
- Develop clear internal policies and escalation processes so staff know what they can and cannot say.
- Audit your HR templates, FAQs and email responses to ensure they don’t stray into regulated advice.
- Attend our webinar: Unlicensed NZ immigration advice is illegal – What your company needs to know, to learn about the new licensing laws and practical compliance steps.
Helping employers across Aotearoa
At Absolute Immigration NZ, we help employers across Aotearoa navigate the risks of unlicensed immigration advice and protect their workforce. Our licensed advisers and legal team provide clear guidance, training, and tailored solutions to keep your organisation compliant and trusted by your migrant employees.
For tailored immigration advice and compliance support, book a meeting here with our expert team or contact us at aisupport@absoluteimmigration.com to receive practical solutions specific to your business.
