​Immigration Compliance and Infringement Notices: What Employers Need to Know

Are you an employer in New Zealand hiring international workers and uncertain about meeting Immigration New Zealand’s compliance requirements?

Do you know your full responsibilities for migrant workers and how to navigate Immigration NZ’s post-accreditation checks?

If you answered YES to any of these questions, this article is a must-read and must-attend for you. 

Why Immigration Compliance Matters

When hiring migrant workers, New Zealand employers have specific legal requirements to meet, especially if they hold AEWV (Accredited Employer Work Visa) accreditation.

The country’s immigration compliance regulations have grown increasingly complex, adding new obligations for employers.

Compliance with Immigration New Zealand isn’t just a checkbox—it’s a vital part of protecting your business from penalties and safeguarding your employees. Failing to meet these legal requirements for accredited employers can result in accreditation revocation, infringement notices, and significant fines, all of which can disrupt your business operations and reputation.

Key Immigration Compliance Stats You Need to Know

Immigration Compliance: Understanding Post-Accreditation Checks

As an accredited employer, staying compliant post-accreditation is crucial. Immigration NZ post-accreditation checks can occur at any time, verifying that employer responsibilities for migrant workers are upheld. Here’s what Immigration New Zealand may check to ensure compliance:

1. Business Viability: Evidence of financial stability, such as GST or PAYE records and financial projections.
2. Accreditation Accuracy: Ensuring you have the correct accreditation type based on your business and the number of migrant workers employed.
3. Key Personnel Compliance: Regular checks to confirm your key people meet immigration standards and have no compliance breaches.
4. Responsible Employment: Documentation to show adherence to employment laws, including visa checks and health & safety training.
5. Settlement Support for Migrant Workers: Induction plans and settlement support for new employees, documented and provided within the first month.

Maintaining organised and accurate records will streamline these checks, helping to demonstrate your adherence to immigration compliance best practices.

Infringement Notices: What They Are and Common Triggers

Immigration New Zealand’s infringement scheme is designed to enforce compliance, holding employers accountable to protect migrant workers. Common causes for infringement notices include:

• Employing someone without a valid visa
• Placing workers in roles that do not match their visa conditions
• Failing to provide required documentation within the allotted 10-day period

Infringement penalties can include fines ranging from $1,000 for individuals to $3,000 for companies, revocation of accredited employer status, and potential bans from supporting future visas for migrant workers. 

Protect Your Business Through Proactive Compliance

Compliance is more than a legal requirement; it’s a foundation for an ethical, sustainable business. By prioritizing immigration compliance best practices, you protect your business’s reputation, support your employees, and strengthen the trust in your organization.

For more information or assistance with your immigration needs, contact Aims Global. We’re dedicated to supporting your business every step of the way.