Do you hire or employ migrants or overseas staff? There are rules on what kinds of immigration or visa advice you can give to employees and contractors relocating to New Zealand to work for you.
Make sure you know what you can tell them — and what you should leave to licensed immigration advisers.
Current or prospective migrant employees may turn to small business owners for advice on immigration matters.
“Knowing how you can legally help will not only protect your business and employer reputation, but ultimately assist your employees with their immigration matter,” says Catherine Albiston, Registrar for IAA.
However legally, employers cannot provide New Zealand immigration advice without being licensed by the Immigration Advisers Authority (IAA) or being exempt. Exempt people include New Zealand lawyers and Immigration New Zealand staff.
Immigration advice includes:
However, you can legally:
“If visa applicants are not honest on their form about the help they received, the application may be declined and Immigration New Zealand may refuse future visa applications,” Albiston says.
“Don’t risk not being able to hire the staff you need. Ensure your prospective employees use a licensed immigration adviser if they need immigration advice.”
Only licensed immigration advisers and exempt people can provide immigration advice.
To legally help your overseas staff, you can point them to a licensed immigration adviser or exempt person. The IAA provides a list of licensed immigration advisers on their website.
Find a licensed immigration adviser(external link) — Immigration Advisers Authority
New Zealand Visas(external link) — Immigration NZ
For migrants(external link) — Immigration Advisers Authority
“If someone in the organisation would like to help further, you can study to become a New Zealand licensed immigration adviser.”
Become an adviser: Application process(external link) — Immigration Advisers Authority
Check out the fact sheet for employers on IAA’s website. If you need further information or have any questions, email email@example.com.
Fact sheet: Employers [PDF 247KB](external link) — Immigration Advisers Authority