Hiring someone from overseas
Any employee who isn’t a New Zealand citizen needs to have the right visa to work here. It’s their responsibility to arrange it, but you need to check it’s correct before they start. Taking steps to make sure their status is correct could save you hassles, time and even fines.
If you hire an employee who isn’t entitled to work in New Zealand (even if they tell you otherwise), you could receive a fine of up to $50,000 or face other penalties.
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You can’t directly ask someone from overseas about their personal history or country of origin in a job interview, but before you hire them you can ask to see evidence they’re allowed to work here.
This could be:
- a New Zealand passport
- a New Zealand citizenship certificate
- a New Zealand residence visa
- a New Zealand work visa
- an Australian passport, citizenship certificate or permanent residence visa.
You can offer someone a job if they don’t have a work or residence visa yet, but they’ll need to get one before they can start working for you. Many New Zealand visa categories require workers to have a job offer before they can get a visa.
You may be asked to provide information supporting their visa application, including:
- completing an Employer Supplementary Form
- evidence that there are no New Zealanders available to do the work (usually either because the job is very specific, or they have unique qualifications or experience that you haven’t been able to find here).
Immigration New Zealand (INZ) has information sheets to help you if you’re considering hiring someone from overseas.
You can also provide the link to these factsheets and discuss the information before the candidate decides which visa option to apply for:
Working in New Zealand — INZ
Visa options — INZ
If you’re employing someone from overseas and want to help them move to New Zealand, you have to be careful not to breach the Immigration Advisers Licensing Act (2007).
It’s not an offence for you to provide publicly available information with potential migrants. But only licensed advisors, or someone specifically exempt from licensing requirements, can provide immigration advice.
You can find information on immigration advice, and refer candidates to any information on the Immigration Advisers Authority (IAA) website, suggest they contact the IAA by phoning 0508 422 422 or by emailing firstname.lastname@example.org.