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The interplay between immigration and employment law

The interplay between immigration and employment law. Marcus Beveridge & Rita Worner Queen City Law May 7 2014. Overview. Recruitment     - Definition of "business purposes" for visitor visas         - Main categories of work visas     - Residency (Skilled Migrant Category) Compliance

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The interplay between immigration and employment law

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  1. The interplay between immigration and employment law Marcus Beveridge & Rita Worner Queen City Law May 7 2014

  2. Overview Recruitment     - Definition of "business purposes" for visitor visas         - Main categories of work visas     - Residency (Skilled Migrant Category) Compliance     - Employer obligations and best practice         - Consequences/penalties for employers   Termination of employment     - Personal grievance claims by migrants 

  3. Temporary Visas Essential Skills Student Specific Purpose Visitor Transit Working Holiday Work Partnership Talent Temporary Entry

  4. NZ Residency Business / Entrepreneur Skilled Migrant / Talent Investment Family Residency

  5. Visitor visa ("business purposes“)      Essential Skills visa Specific Purpose visa Employer Accreditation   Residency  Recruitment

  6. Business Purposes Less than 3 months in NZ Not undertaking employment as per INZ definition Representatives on official trade missions Sales representatives of overseas companies Overseas buyers of NZ goods and services Business consultations/negotiations involving authorised representatives of overseas company

  7. Essential Skills Job offer Labour Market test Advertising Essential Skills in Demand List Consistency with ANZSCO

  8. Specific Purpose Job offer or invitation Evidence of relevant qualifications or experience Information relating to specific purpose and length of time needed in NZ

  9. Employer Accreditation Sound financial position Human resources policies of a high standard Commitment to training and employing New Zealanders Good workplace practices

  10. Residency Job or job offer Job description consistent with ANZSCO Claim minimum of 100 points Age Qualifications Experience Job offer

  11. - Employer obligations and best practice     - Consequences/penalties for employers  Compliance

  12. Employer Obligations Always check potential employee’s immigration status Visaview service Keep record of visa Make note to check again prior to visa expiry date

  13. Worker Exploitation Bill includes the exploitation of lawful temporary migrant workers as an offence Why the current law insufficient: There is currently a gap in legislation whereby employers who exploit unlawful workers can face heavy sanctions, yet those who exploit lawful migrant workers face a low risk of being held to account. This will mean that migrants in this group are protected in the same way as unlawful migrants.

  14. According to anecdotal evidence from the Labour Inspectorate and Immigration New Zealand (INZ), in many cases, those who exploit migrant workers are themselves former migrants. Under the 2009 Act, temporary visa class holders may be deportable if they exploit migrant workers but residence class visa holders are not. Residence class visa holders who knowingly employ unlawful workers or exploit migrant workers within the first ten years of being granted a residence class visa are liable for deportation. Liability for deportation

  15. Penalties Section 357 Penalties: employers (1) A person convicted of an offence against section 350(1)(a) is liable to a fine not exceeding $50,000. (2) A person convicted of an offence against section 350(1)(b) is liable to a fine not exceeding $10,000. (3) A person convicted of an offence against section 351(1) is liable to imprisonment for a term not exceeding 7 years, a fine not exceeding $100,000, or both.

  16. Personal Grievance Nicholas Ten Hoorn Boer v Reid Research Services Limited [2012] NZERA Auckland 142 Hulin Chen v Aaron & Coma Limited [2011] NZERA Auckland 373

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