Immigration – more compliance for business

Immigration has joined the growing list of compliance requirements for business. It now sits right alongside health and safety, employment law, tax and ACC.

Employers of migrant workers should keep good records. This includes:

• Evidence of the right to work (mandatory) - passport and visa.

• A record of the date the work visa expires (mandatory for accredited employers; strongly recommended for non-accredited employers).

• Have a system to ensure employees renew work visas on time and provide copies of new visas before the current visa expires.

• Copies of signed employment agreements (mandatory)

• Wage and time records plus holiday/leave records (mandatory).

• Tax code declaration (the IR330 is mandatory).

• Employment agreements should contain clear clauses on what happens when a work visa is not renewed. Recent substantial Employment Relations Authority awards against employers highlighted this as an area for review to ensure employment agreements are up to date. Talk to your employment law specialist.

• Contact information for your employee and next of kin details (especially important when an employee has no family in New Zealand).

Immigration NZ works closely with the labour inspectorate. There are serious consequences for employers when they get it wrong or receive bad advice. Deal with a trusted and experienced licensed immigration adviser.