Complying with the conditions of your Accredited Employer Work Visa (AEWV) is crucial to maintaining your legal status in New Zealand. Recently, we have observed an increase in cases where Immigration New Zealand (INZ) has taken action against individuals for breaching their visa conditions, even in instances of minor or unintentional violations. These breaches can lead to the issuance of a Deportation Liability Notice (DLN), which can have serious consequences.
Understanding your AEWV conditions
To qualify for an AEWV, your employer must offer you a role with a minimum of 30 hours per week. The conditions of the AEWV strictly require you to work only:
• In the specific occupation stated on your visa;
• For the employer named on your visa;
• At the location specified on your visa.
• Be paid the amount/wage specified on your visa.
If any of these conditions change, you must apply to vary your visa conditions. Importantly, AEWV holders cannot work a second job.
A common mistake people make is misunderstanding what constitutes “work” under the Immigration Act 2009. INZ’s interpretation of “work” is broad, and many individuals inadvertently breach their visa conditions without realising it.
- Definition of Work Under Section 4 of the Immigration Act 2009:
Work is defined as: (a) Any activity undertaken for gain or reward; but does not include an activity excluded, or excluded for a particular purpose, from this definition by immigration instructions. - Immigration Instructions W2.2.1 further clarifies that:
‘Gain or reward’ includes any payment or benefit that can be valued in monetary terms, such as:
• Salary or wages;
• Goods (e.g., food, clothing);
• Services (e.g., transport, accommodation);
• Any other form of compensation.
A common area of confusion is what constitutes “gain or reward”. Many AEWV holders assume that helping out a friend or a family member in their business—even for an hour—does not breach their visa conditions. However, INZ may determine that an exchange of benefits, such as free accommodation, meals, or gaining work experience constitutes a form of gain or reward.
For instance, if you are living in an employer’s home rent-free while assisting in their business, INZ may consider your accommodation a form of reward/payment, thereby deeming you in breach of your visa conditions. Such cases often lead to a full investigation, requiring you to provide bank statements, rental agreements, and witness statements to prove that no benefit was received.
What it means to be issued with DLN?
If the INZ compliance team finds that you have breached your visa conditions, they may issue you with a DLN under Section 157(1) of the Immigration Act 2009. This section states that a temporary visa holder is liable for deportation if the Minister determines there is sufficient reason to do so. Sufficient reason under section 157(5) includes breaching the condition of your visa.
If you were served with a DLN because INZ has sufficient reason to deport you for breaching your visa conditions, you will have the following options:
- You will have 14 days from the date of service of the DLN to give good reasons why deportation should not proceed.
- No later than 28 days after the date of service of a deportation liability notice, you can appeal to the immigration and protection tribunal on humanitarian grounds against your liability for deportation.
The first option—submitting a response to INZ within 14 days—is typically the most practical route for individuals served with a DLN. This is your opportunity to present evidence and a well-reasoned explanation to demonstrate either that you did not breach your visa conditions or that there are compelling reasons why deportation should not proceed. Given the discretionary nature of INZ’s decision-making process, success is not guaranteed, but a strong and well-documented case can significantly improve your chances.
The second option—appealing to the Immigration and Protection Tribunal (IPT) on humanitarian grounds—is even more challenging. Humanitarian appeals have a high threshold, requiring circumstances that are truly exceptional and of a humanitarian nature. Factors such as long-term residence in New Zealand, financial hardship, or community support, while important, generally do not meet the strict criteria for a successful appeal.
How to avoid a breach in the first Place?
To prevent visa breaches and avoid receiving a DLN:
• Do not undertake any work outside the conditions of your visa, including unpaid work.
• Seek professional advice before making changes to your employment situation, such as switching employers or roles.
• Apply for a variation of conditions or if your work circumstances change.
• Be aware that any form of assistance, even informal help, can be scrutinized by INZ.
Need Help? Contact Us
We have assisted numerous clients facing DLN and can provide expert guidance on responding to INZ compliance investigations. If you have been served with a DLN or need immigration advice, contact us today to ensure you take the right steps to protect your status in New Zealand.