21 Apr 2023

Accredited work visa businesses have until July to deal with immigration matters - lawyer

11:26 am on 21 April 2023
Work visa application form

Photo: RNZ / Samuel Rillstone

Businesses employing immigrants via the accredited work visa scheme need to get their "house in order" before the auditor comes calling, an immigration lawyer says.

Ministry of Business, Innovation and Employment's (MBIE) recently announced it was initiating post-accreditation audits for accredited work visa employers.

Immigration lawyer Aaron Martin said the accreditation programme was designed to help businesses speed-up the process associated with employing someone from overseas.

"Now, MBIE is burdening businesses with yet another extensive compliance programme, leading to questions about the sudden availability of resources to conduct the audits and what this will do to our already painfully slow immigration processes," Martin said.

"If you are an accredited employer, you have a limited window of time to get your house in order."

He said employers had until July to deal with some immigration matters, but compliance with labour laws was already mandatory, with serious consequences for businesses who failed to produce the right paperwork.

"If you fail to provide evidence of the relevant documentation required, your business could have its accreditation status suspended or revoked," Martin said.

"If you are in default, and you have your accreditation status suspended that could have significant impact on the recruitment ability of a business that needs to bring skill from overseas.

"In more serious cases where false or misleading declarations have been made, you may be prosecuted."

Businesses who had treated the accreditation process like a tick-box exercise should seek some legal assistance to ensure they are compliant, he said.

"Good record-keeping practices and seeking expert guidance in immigration law can help businesses mitigate potential problems before they arise," Martin said.

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