We have all heard about employers exploiting migrants, a practice that is unfortunately quite rampant. This issue has become widespread due to some errant employers. Some blame the policy, others blame the system, but where is the simple "humanity"? Would we want that to happen to us or our loved ones? Is it that difficult to have genuine intentions and avoid exploiting poor, unsuspecting migrants who are just trying to improve their lives?
Starting April 11, 2024, Immigration New Zealand (INZ) will be able to issue infringement notices to employers to address lower-level immigration non-compliance and deter those who take advantage of migrant workers.
Infringement penalties can include:
A minimum fine of $1,000
Loss of accredited employer or Recognised Seasonal Employer status
Being banned (stood-down) from supporting further visas for migrant workers for a period depending on the number of infringement notices the employer receives
More serious breaches may result in criminal charges. Being stood-down means employers cannot regain their accreditation or support visa applications during the stand-down period. Stand-down periods include:
6-month stand-down for a single infringement notice
An extra 6-month stand-down for each subsequent infringement notice
A 12-month maximum stand-down for multiple notices issued at one time
Employers can hire migrants on open work visas while on the stand-down list. When the stand-down ends, the employer must show they have rectified the matter and taken steps to prevent it from happening again before they can get accredited again under the AEWV.
Stephanie Greathead, National Manager Immigration Compliance, says the majority of employers do the right thing and that the employment situation works well for both the employer and the migrant worker. However, Immigration sees a small number of employers who aren’t following the rules.
“In the past, the only significant deterrent option available to Immigration was prosecuting employers through the criminal court system. While that is still something we will continue to do, being able to issue employers with infringement penalties allows us to take immediate action against those who aren’t complying.
“We will be publishing a stand-down list on the Immigration website naming those employers who have been penalised and stood down. This adds a layer of transparency,” Greathead says.
Infringements can be issued for:
Employing people in breach of their visa conditions
Employing a person unlawfully in New Zealand
Failing to comply with a 10-day information request
“Non-compliance with these three requirements now has immediate consequences. The new tools make it easier to stop employers who have committed immigration offences from accessing migrant workers in the future. It also ensures we have strong systems in place to enforce employment and immigration standards, helping to create a fair and level playing field for all employers in New Zealand,” Greathead says.
Talk to us today if you want to know more or want to work with us to keep your business compliant.