How to protect your organisation from penalties and visa rejections

Hiring migrant workers in New Zealand comes with high expectations and even higher consequences for getting it wrong. One error in the process could halt recruitment, impact your accreditation, and damage your organisation’s credibility.

With Immigration New Zealand (INZ) increasing enforcement, employers are under closer scrutiny than ever. Now more than ever, it’s essential to follow each compliance step carefully to protect your organisation from penalties and visa rejections.

Only licensed or exempt advisers can give immigration advice

New Zealand law is clear: only Licensed Immigration Advisers or exempt individuals (such as New Zealand lawyers holding a current practising certificate) can provide immigration advice. This includes helping someone decide which visa to apply for, advising on how to respond to INZ, or completing application forms on someone’s behalf.

Under the Immigration Advisers Licensing Act 2007, it is a criminal offence to give immigration advice without the proper authority. The penalties are steep:

• Unlicensed individuals: up to 7 years’ imprisonment and/or a fine of NZD $100,000
• Employers who knowingly engage or allow unlicensed advisers: up to 2 years’ imprisonment and/or a fine of NZD $10,000

This rule applies even if the advice is unpaid or provided internally by HR or recruitment staff. If your organisation offers immigration assistance, ensure it’s delivered by a licensed or exempt professional. You can verify licence status through the Immigration Advisers Authority Register.

Be honest and accurate in every interaction with INZ

Maintaining credibility with Immigration New Zealand begins with honest, consistent, and well-documented communication. Every detail submitted, whether during a Job Check, AEWV process, or employer accreditation, must reflect the actual terms and conditions of the role.

Accuracy is essential for visa processing and employer accountability. Even small inconsistencies can delay visa processing or trigger further review of your applications. Common areas where mistakes occur include:

• Advertising a position or role which does not align with that approved by INZ
• Offering pay or conditions that do not match the submitted employment agreement
• Failing to update INZ and take appropriate actions when business or job circumstances change (e.g. location, hours, title)

Preventing errors starts with internal checks, clear communication between teams, and strong record-keeping.

Understand INZ infringement penalties and how to avoid them

From 31 March 2025, Immigration New Zealand (INZ) will automatically decline visa applications that have been prepared, submitted, or influenced by someone who is not a Licensed Immigration Adviser or an exempt professional, such as a practising New Zealand lawyer.

This change signals a stronger stance on accountability, placing new responsibility on employers and HR professionals to ensure all immigration support within their organisation is lawful and transparent.

How HR and employers can stay compliant:

• Clarify internal limits: HR teams can share factual information (such as job details, company policy, or links to INZ resources) but must not suggest visa options, complete forms, or liaise with INZ on behalf of applicants.
• Work only with licensed or exempt advisers: always verify licence credentials on the Immigration Advisers Authority Register before allowing anyone to assist with visa matters.
• Embed compliance into HR processes: include immigration-advice awareness in recruitment, onboarding, and training programs so all staff understand what constitutes regulated advice.
• Introduce checks and sign-off steps: require review or approval by a licensed or exempt professional before submitting any immigration-related documents or communications to INZ.
• Maintain thorough records: keep proof of adviser credentials, staff training, and communications to demonstrate proactive compliance if audited.
• Respond swiftly to issues: if unlicensed advice has been given, pause related activity and seek immediate guidance from a licensed adviser to correct the process.

By leading with education, internal controls and accountability, HR professionals can safeguard both their workforce and their organisation’s accreditation, ensuring every step meets INZ’s strengthened compliance expectations.

Transparency and record-keeping are your strongest safeguards

Employers must retain and produce documentation to prove compliance, including:

• Employment agreements and job descriptions
• Evidence of job advertisements
• Records of visa expiry dates and entitlement verification
• Proof that migrants receive the terms approved in the visa application

Audits can be random or triggered by complaints. INZ has stepped up inspections and can suspend your accreditation while investigating breaches. If your organisation identifies an error, reporting it proactively shows good faith and may reduce penalties.

Know the difference between advice and general information

Your team may share factual information, such as linking to INZ resources or explaining company policy, but must stop short of:

• Recommending visa types
• Completing forms
• Communicating with INZ on an applicant’s behalf

Educate your HR and recruitment teams so they understand the boundary between general information and regulated immigration advice

What happens if false or misleading information is submitted?

When false or misleading information is submitted to INZ, intentionally or negligently, it may result in serious penalties under the Immigration Act 2009, including:

• Immediate visa refusal or cancellation for the migrant worker
• Loss of employer accreditation
• Issuance of an infringement notice
• Stand-down period from hiring migrants
• Investigation or referral to enforcement agencies
• Permanent classification as a non-compliant employer

Employers with a history of breaches may also face tougher scrutiny on future accreditation renewals or AEWV approvals.

Take proactive steps to safeguard your business

Protect your reputation, workforce, and accreditation. Engage only licensed professionals, implement strict compliance systems, and stay proactive in your communications with INZ.

Need help assessing your risk or responding to INZ? Contact our licensed immigration advisers at aisupport@absoluteimmigration.com for strategic immigration guidance you can trust.