New Zealand employers hiring migrant workers under the Accredited Employer Work Visa (AEWV) scheme need to be increasingly vigilant. Recent trends show that Immigration New Zealand (INZ) is taking a stricter approach to compliance, with even minor or unintentional breaches of visa conditions triggering serious consequences particularly for the migrant worker.
While enforcement action is often directed at the visa holder, employers play a critical role in preventing these situations from arising in the first place. When an AEWV holder breaches their visa conditions, the consequences fall most heavily on them. Workers may face investigation, visa decline, and ultimately deportation from New Zealand.
However, many of these breaches occur in workplace settings, often due to misunderstandings or informal arrangements. This makes employer awareness and robust compliance practices essential.
Understanding AEWV conditions
AEWV holders are only permitted to work strictly within the conditions stated on their visa. This includes:
- Working in the specific role/occupation listed
- Working only for the approved accredited employer
- Working at the specified location
- Receiving the agreed wage and working hours (minimum 30 hours per week)
Any deviation, no matter how minor, can result in a breach unless a formal variation of conditions is approved by INZ.
Common scenario: “Helping Out!”
One of the most frequent compliance issues arises when employees:
- Help out in another business (even casually)
- Work in another branch of the business in a different location
- Take on duties outside their approved job description
- Assist family or friends informally
Many employers assume there is no issue where it is the same business operation in a different city, or where a worker is temporarily relocated to fill a gap. This is incorrect. Working in the same business but in a different location can, in itself, be a breach of visa conditions, as the visa typically restricts employment to a specified location and a specified business.
In addition, where an employer operates across multiple regions, each business entity is often a separate legal entity and some hold separate accreditation statuses, even if ownership is the same. This distinction is important and can have immigration consequences.
The Consequences
There are usually two key results when a migrant worker breaches their visa conditions:
1) Difficulty in securing future visas
INZ may decline a further work visa application on the basis that the applicant has previously breached their visa conditions. In many cases, this can result in the individual:
- Becoming unlawful in New Zealand, or
- Facing ongoing difficulties obtaining future temporary visas—even with a new employer
This can ultimately affect their pathway to residence, if they have one.
2) Deportation Liability
If INZ determines that a migrant worker has breached their visa conditions, they may issue a Deportation Liability Notice (DLN). This is a serious legal step, meaning the individual is now liable for deportation.
Once a DLN is issued:
- The worker has 14 days to respond and provide reasons why deportation should not proceed
- They may appeal to the Immigration and Protection Tribunal on humanitarian grounds (a high threshold and often difficult to meet)
In practice, once a DLN is issued, the situation becomes significantly harder to resolve. Prevention is far more effective than responding after the fact.
Employer Risk: it is not just about the migrant worker
Although the migrant worker faces deportation, employers are not immune from consequences. Non-compliance can lead to:
- Loss or suspension of accreditation status
- Increased scrutiny from INZ compliance teams
- Limitations on hiring migrant workers in the future
Employers who fail to actively monitor and manage visa compliance may expose themselves to both legal and operational risk. An amendment to the Immigration Act which is currently before Parliament aims to increase the penalties for offences committed by employers, both by way of fines or imprisonment.
Practical Steps Employers Should Take:
To protect both your business and your employees:
- Understand visa conditions. Ensure you are familiar with the exact conditions attached to each employee’s visa.
- Keep roles consistent. Do not assign duties outside the approved job description without checking immigration implications.
- Avoid informal arrangements. Even well-intentioned arrangements (e.g. sending employees to another branch) can create compliance risks.
- Monitor work locations and hours. Ensure employees only work at approved sites and meet their contractual obligations.
- Seek advice before making changes. If job roles, locations, or employment terms change, obtain immigration advice.
- Educate your workforce. Managers and supervisors play a key role because employees often receive instructions from them to do work outside their visa conditions.
While AEWV holders are legally responsible for complying with their visa conditions, employers are often in the best position to prevent breaches from occurring.
Taking a proactive approach not only protects your business but also safeguards the wellbeing and immigration status of your employees.
Final Thoughts
INZ’s increasing enforcement activity highlights a simple reality: compliance is no longer something employers can afford to treat lightly. Small oversights can have life-changing consequences for migrant workers. By implementing proper systems, maintaining clear communication, and exercising ongoing oversight, employers can play a crucial role in preventing avoidable breaches and the serious outcomes that follow.
If you need immigration advice, contact us today to ensure you take the right steps to protect your status in New Zealand.