All employers should be aware of proposed changes to New Zealand’s immigration laws. These changes, which are likely to come into effect later this year, could have serious implications for all employers of migrants. These include unannounced visits and rights of entry without a warrant for Immigration Officers, and significant fines of up to $100,000.00 and/or imprisonment for those employers found in breach of immigration legislation.
The proposed changes follow on from the Ministry of Business, Innovation and Employment (MBIE) having to issue warnings to a number of employers for exploitation and employment of illegal workers, and with this an identified issue with the inability to adequately deal with exploitative employers. As a result, the Government is about to introduce substantial changes, to New Zealand’s immigration laws, which will have a direct impact on all employers of migrant workers.
On 3 October 2013, the Immigration Minister, Michael Woodhouse, introduced the Immigration Amendment Bill (Bill). This Bill is specifically aimed at employers. If the Bill is passed, the MBIE will have extended powers to impose significant sanctions and penalties on any employer found to be exploiting migrant workers. It also gives the MBIE substantial powers of search and entry, into employers’ premises.
If the Bill becomes law, employers who exploit migrant workers could face up to seven years in jail and/or a fine of up to $100,000.00. Furthermore, the Bill provides that any employer who is found to be exploiting their migrant workers who themselves hold a resident visa, may also have their visa revoked and become liable for deportation.
The Bill also substantially extends Immigration Officers’ search and entry powers, which should be noted by all employers. This does not just apply to employers who have been suspected of exploiting migrant labour. The Bill, as it is currently drafted, will allow Immigration Officers to enter and search an employer’s premises without a warrant. The Immigration Officers will be entitled to talk to any people present, including employees, in order to identify any offending by the employer. Immigration Officers will also be able to search for unlawful workers, check documents, and ensure that migrant employees and their employers are complying with the legislation. For example, Immigration Officers will be entitled to check that an employee is doing the job listed in his or her work visa.
The severity of the penalties, along with the increased level of powers given to Immigration Officers, reflect the Government’s view that this type of offending is serious. This type of offending also has the potential to undermine the progress of the Canterbury Recovery; therefore, it is more important than ever before for employers to ensure that they have practical systems to check that migrant workers are lawfully able to work for them, and in the roles that have been given to them. This means a system where employers check visas before hiring, and track employees’ visa expiry dates.
If you are an employer who relies on migrant workers to supplement your work force, you need to be aware of these proposed changes and how they may impact on your business. If you require any guidance in implementing policies and systems to allow compliance under the existing and proposed legislation in this area, seek legal advice.
Mark Williams/Nicky Robertson
Immigration Partner/Senior Solicitor
Lane Neave Lawyers
For further information or assistance with the immigration process please contact Mark Williams of Lane Neave Lawyers on +64 3 379 3720 or email [email protected] www.liveinnewzealand.co.nz
Disclaimer: The content of this article is general in nature and not intended as a substitute for specific professional advice on any matter and should not be relied upon for that purpose.