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Employers who hire foreign skilled migrants take on responsibilities and obligations<\/a> under New Zealand\u2019s immigration and labour laws, which govern a worker\u2019s immigration status as well as job and working conditions.<\/p>\n Getting familiar with your responsibilities is crucial if you are planning to recruit and employ migrants or if you currently have any visa holders working for you. Here are some key points to keep in mind to understand the laws and comply with them as an employer:<\/p>\n <\/p>\n New Zealand\u2019s immigration policies are designed to enable employers to access the skills they need to fill gaps in their workforce, whether you are offering a job to an overseas candidate or hiring a migrant already in the country:<\/p>\n Hiring a worker outside New Zealand<\/strong><\/p>\n You can legally offer a job to an overseas candidate before they have a work or resident visa.<\/p>\n The first step is to provide them with an offer of employment that includes a clause stating the contract is subject to immigration criteria being met.<\/p>\n Then, you can start the process of supporting the overseas candidate with their visa application which includes the employer accreditation, local advertising, and job check.<\/p>\n As an employer, you have an obligation to check that your prospective employee has a valid visa that allows them to work by the time they start their employment with you.<\/p>\n Hiring a migrant already in New Zealand<\/strong><\/p>\n Before a migrant can begin working for you, you must check that their visa gives them the right to work in New Zealand. The type of visa they have can affect the role you offer and how long they can work for you.<\/p>\n Here<\/a> you can find some valid visas that allow migrants to work, and you can also check someone\u2019s visa status here<\/a>, but it is important to ask for authorisation from your future worker for you to use their information for the purpose of confirming work entitlement and identity.<\/p>\n Penalties for hiring an illegal worker<\/strong><\/p>\n If you hire an overseas worker that is not entitled to work, you can face some penalties:<\/p>\n <\/p>\n It is important that you know that you can support candidates to get their visas, but you must not provide them with any immigration advice, such as recommending which would be the best visa for them to apply for, or what documents they may need for the application. Only people who are licensed can provide advice on New Zealand immigration matters.<\/p>\n <\/p>\n One of the commitments you make when you hire a migrant worker is to pay all recruitment costs in and outside New Zealand, and not pass costs on to your employees. This includes:<\/p>\n <\/p>\n If a migrant worker is found to be paying for a job offer, you can be charged with breaching immigration law.<\/p>\n <\/p>\n New Zealand has laws that help keep workplaces fair. Those laws apply equally to migrants, New Zealand citizens and residents. So, if you are employing an overseas worker, you must offer work conditions that are no less than the legal minimums for New Zealanders, such as:<\/p>\n <\/p>\n If a worker from overseas has a visa that specifies employment with your business and unexpectedly leaves that employment before the expiry of their visa, you must inform NZ Immigration about it, as the worker may be in breach of their visa conditions by remaining in New Zealand after the employment has ended.<\/p>\n <\/p>\nOffering a job to a migrant<\/strong><\/span><\/h4>\n
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Providing immigration advice to migrants<\/span><\/strong><\/h4>\n
Recruitment and employment costs<\/span><\/strong><\/h4>\n
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Employment law<\/span><\/strong><\/h4>\n
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Feedback about an employee who has left their employment<\/span><\/strong><\/h4>\n