ESSENTIAL SKILLS WORK VISAS AND TEMPORARY MIGRANTS - Guidance for New Zealand hospitality employers

 
CONTINUE READING
ESSENTIAL SKILLS WORK VISAS AND TEMPORARY MIGRANTS - Guidance for New Zealand hospitality employers
ESSENTIAL SKILLS
WORK VISAS
AND TEMPORARY
MIGRANTS
Guidance for New Zealand
hospitality employers

FEBRUARY 2021
ESSENTIAL SKILLS WORK VISAS AND TEMPORARY MIGRANTS - Guidance for New Zealand hospitality employers
New Zealand’s immigration system is designed to ensure New Zealanders are first
     in line for jobs, while making sure that employers have access to migrant workers
     where no New Zealanders are available. In recent times, the criteria used to assess
     Essential Skills work visa applications have changed, and more changes are coming
     to New Zealand’s immigration settings. You need to understand how these
     changes will affect you when you think about recruiting temporary migrant staff.

What you need to know
1.    Migrants and employers must meet the            5. Maximum stay: The maximum time an
      conditions set out in existing visas: These        Essential Skills Work Visa holder who is
      include the region, the role, and the minimum      earning less than the median income can stay
      30-hour per week requirement for full-time         in New Zealand on multiple visas is 3 years
      work.                                              (36 months).
2. Replacement of skills levels with a median         6. Suspension of offshore applications: With
   wage threshold: The combination of ANZSCO             limited exceptions for critical workers1, the
   and salary to assess skill level has been             ability to submit offshore applications for
   replaced with a simple income-based                   temporary work visas has been suspended
   threshold tied to the national median wage            until May 2021.
   calculated by Statistics New Zealand.
                                                      7. Return of some normally resident
3. Occupation oversupply and undersupply                 temporary work visa holders from overseas:
   lists: The Ministry of Social Development will        Temporary work visa holders who are
   no longer issue a Skills Match Report for             currently outside of New Zealand but who
   occupations on its oversupply list. These             have maintained a job or business in New
   include a number of lower-level hospitality           Zealand and have lived here for some time
   sector jobs. Other than in exceptional cases,         prior to departing may be eligible to return to
   Immigration New Zealand is unlikely to issue          New Zealand under the new border exception
   Essential Skills work visas for occupations on        category.2
   the oversupply list.
4. Changes to the duration of Essential Skills          This booklet was accurate at date of
   work visas: Workers who earn at or above the         publication. However, the immigration
   median wage can be granted a visa for up to          environment is changing. To check
   3 years. Workers who earn below the median           information and stay up-to-date, visit:
   wage can be granted a visa of up to 6                www.immigration.govt.nz
   months.

1. www.immigration.govt.nz/about-us/covid-19/covid-19-information-for-employers
2. www.immigration.govt.nz/about-us/covid-19/border-closures-and-exceptions/critical-purpose-
reasons-you-can-travel-to-new-zealand
ESSENTIAL SKILLS WORK VISAS AND TEMPORARY MIGRANTS - Guidance for New Zealand hospitality employers
Essential Skills work visas
and temporary migrants:                                                         CONTENTS
guidance for New Zealand                                                        4. Supporting an Essential
hospitality sector employers                                                       Skills work visa

                                                                                6. Submitting a complete
This booklet is intended to help you and your employees
understand, plan for, and comply with New Zealand’s
                                                                                   and correct application
changing immigration environment..
                                                                                7. Applying for a Variation
The COVID-19 pandemic has                  likely to be of most interest to        of Conditions –
damaged the economies of                   employers is the employer               Essential Skills work
nations worldwide. In New                  assisted Essential Skills work
                                                                                   visa
Zealand, the hospitality sector            visa.
has been particularly affected.            In July 2020, many Essential         8. Using VisaView to check
For the immediately                        Skills work visa holders were           if someone can work for
foreseeable future,                        granted a six-month
                                                                                   you
international tourism will be              extension3. This was a short-
severely limited, and with many            term measure recognising the
                                                                                9. A work entitlement
hospitality businesses                     difficulty of international
operating on tight margins,                travel. Nonetheless, even               checklist
unemployment is predicted to               allowing for the extension,
                                           large numbers of current
                                                                                10. Operating in the new
rise.
                                           Essential Skills work visas will         environment
Many staff within New
                                           expire in the first six months of
Zealand’s hospitality industry
                                           2021.
hold temporary work visas. Of
these, the visa type currently                             continued overleaf

                                                                                 Immigration NZ
                                                                                 Contact Centre
3. Anyone who was in New Zealand on 10 July and held an Employer-
                                                                                 The Contact Centre takes
assisted temporary work visa due to expire before 31 December 2020 may
have had that visa extended for 6 months. This includes:                         calls from 6:00am Monday
                                                                                 to midnight on Saturday.
›› some visas due to expire after 9 July
›› visas previously extended to 25 September under the Epidemic                  Toll-free*: 0508 558 855
   Management Notice.                                                            Auckland: 09 914 4100
The main employer-assisted temporary work visas are:                             Wellington: 04 910 9915
›› Essential Skills                                                              *NZ landlines only
›› Work to Residence.

                                                                                       Guidance for hospitality sector employers | 1
ESSENTIAL SKILLS WORK VISAS AND TEMPORARY MIGRANTS - Guidance for New Zealand hospitality employers
As a visa nears expiration, the             The maximum time an Essential         for pays below the median
      visa holder has two choices:                Skills Work Visa holder who is        wage ($25.50 per hour).
      apply for a new visa or arrange             earning less than the median
                                                                                        In addition, the Ministry of
      to leave New Zealand.                       income can stay in New Zealand
                                                                                        Social Development now
                                                  on multiple visas is three years
      If one of your employees is in                                                    publishes an ‘oversupply’ list of
                                                  (36 months).
      this situation, they may                                                          occupations for which they will
      approach you to support a new               When assessing Essential Skills       not issue a Skills Match Report.
      visa application.                           applications, Immigration New
                                                                                        The oversupply list
                                                  Zealand considers the current
      As an employer, you need to                                                       acknowledges the importance
                                                  economic environment and
      understand how the visa                                                           of making jobs available to
                                                  labour market.
      system works and to                                                               out-of-work New Zealanders
      understand the new criteria                 Employers may be asked to             who have the appropriate
      that apply when applications                provide further evidence to           experience. The oversupply list
      are assessed.                               show that, at the time the            is not region specific.
                                                  application is assessed, they
      In recent times, New Zealand                                                      In the hospitality sector, the
                                                  have been unable to find
      has introduced new                                                                oversupply of New Zealand job
                                                  suitably qualified, experienced
      requirements for Essential                                                        seekers on Job Seeker Support
                                                  or trainable New Zealanders to
      Skills work visas.                                                                in all regions includes café
                                                  fill the role.
                                                                                        workers, cooks, commercial
      Some of these changes were
                                                  An employer may also be asked         housekeepers, domestic
      made before the arrival of the
                                                  for financial information about       housekeepers, fast food cooks,
      COVID-19 pandemic and some
                                                  their business to confirm that        kitchenhands, and waiters.
      were made afterwards.
                                                  the offer of employment made
                                                                                        Collectively, these changes to
      These new changes may mean                  to an a migrant worker is
                                                                                        New Zealand’s immigration
      that the criteria that applied to           sustainable.
                                                                                        settings are likely to mean that
      Essential Skills work visa
                                                  A number of measures to               fewer Essential Skills work
      applications supported by an
                                                  protect the local labour market       visas will be granted in the
      employer in the past have also
                                                  have been introduced. One of          foreseeable future.
      changed.
                                                  these is a stronger labour
                                                                                        During 2021, Immigration New
      One of the key changes,                     market test for lower paid jobs.
                                                                                        Zealand will be introducing a
      introduced in July 2020, is a
                                                  In the past, employers were           new employer-led visa
      wage threshold set at the New
                                                  required to provide a Skills          application process.
      Zealand median income. This is
                                                  Match Report if a job was at
      currently $25.50 per hour.                                                        This is a major policy change
                                                  skill level 4 or 5 according to the
      Those earning this amount or                                                      with implications for all
                                                  Australian and New Zealand
      above are eligible for Essential                                                  employers intending to support
                                                  Standard Classification of
      Skills work visas of up to 3                                                      work visa applications.
                                                  Occupations (ANZSCO).
      years in duration, while those
      earning less than this amount               Employers are now required to
      can only be granted a 6-month               provide a Skills Match Report if
      duration work visa.                         the role that is being recruited

2   | Guidance for hospitality sector employers
Planned changes to the visa application process
 To make hiring a migrant worker more                 Under the new application process, a single
 straightforward for employers, over the              employer-assisted temporary work visa will
 course of 2021 the Government is introducing         replace the six temporary work visa
 a new employer-led visa application                  categories:
 framework. This includes:                            ›› Essential Skills Work Visa
 ›› an employer check, where all employers            ›› Essential Skills Work Visa — approved in
    will be accredited to enable them to hire a          principle
    migrant;
                                                      ›› Talent (Accredited Employer) Work Visa
 ›› a job check, where the job is checked to
                                                      ›› Long Term Skill Shortage List Work Visa
    ensure that no New Zealander is able to
    fill the job being recruited for, subject         ›› Silver Fern Job Search Visa (closed 7
    to skill, industry sector and regional               October 2019)
    differentiation; and                              ›› Silver Fern Practical Experience Visa
 ›› a worker check, where checks will be made         Employers will have two types of
    to ensure the migrant worker is of good           accreditation, depending on how many
    character and health.                             migrant workers they employ over a
                                                      12-month period. Labour hire companies and
                                                      franchisees will have specific accreditation
                                                      requirements.
 To find out more, visit : www.immigration.govt.nz/work-visa-changes
 More detailed information will be available on the Immigration New Zealand website in March.

Normally Resident Temporary Work Visa holders
who are overseas
Since early October 2020, some temporary              ›› have lived in New Zealand for at least two
work visa holders who were overseas when the             years, or, if living in New Zealand for at least
borders closed have been able to return. To be           one year, have one of the following:
considered for the new border exception and             ›› their dependent children with them in New
to demonstrate a strong and ongoing                        Zealand (for at least six months)
connection to New Zealand with realistic
                                                        ›› parents or adult siblings who are ordinarily
prospects of remaining here long-term, among
                                                           resident in New Zealand
other requirements, visa holders must:
                                                        ›› submitted an application for residence by
›› still hold their job in New Zealand or an
                                                           31 July 2020
   essential skills visa that is not subject to the
   stand-down period and are at or above the            ›› have held a visa at the time of departing
   median income                                           that does not expire before the end of
                                                           2020, or, if expiring before that date, have
›› have departed New Zealand on or after 1
                                                           applied for a further visa by 10 August
   December 2019
                                                           2020.
For full criteria, visit: www.immigration.govt.nz/about-us/covid-19/border-closures-and-
exceptions/critical-purpose-reasons-you-can-travel-to-new-zealand

                                                                                  Guidance for hospitality sector employers | 3
Supporting an Essential Skills work visa
      Before a temporary migrant can be considered for an Essential Skills work visa, you must establish
      that there are no suitable New Zealanders available for the job. This includes advertising the vacancy
      and assessing applicants. In all instances you must establish that you have made a genuine attempt
      to recruit a New Zealander. If you unable to recruit a New Zealander and decide to support an Essential
      Skills work visa application, one of the following scenarios will apply.

       S1       If the visa applicant will be paid at or above the median income, they may be eligible to be
                considered for an Essential Skills work visa.
                Visa duration: up to 3 years

      S2 The job pays below the median income and the occupation is on the undersupply list
                If the visa applicant will be paid below the median income and their occupation is on the
                undersupply list, they may be eligible to be considered for an Essential Skills work visa.
                Visa duration: up to 6 months, with a multi-visa maximum of a 3-year stay in New
                Zealand.

      S3 The job pays below the median income and the occupation is not on the undersupply or
                oversupply list
                If the visa applicant will be paid below the median income and the occupation is not listed on the
                undersupply or oversupply list, they may be eligible to be considered for an Essential Skills work
                visa, however the employer must engage with MSD to obtain a Skills Match Report .
                Visa duration: up to 6 months, with a multi-visa maximum of a 3-year stay in New
                Zealand.

      S4 The job pays below the median income and the occupation is on the oversupply list
                If the visa applicant will be paid below the median income and is on the oversupply list, either
                nationally or in the region where the job is located, the Essential Skills work visa application is
                unlikely to be successful.

          Oversupply and undersupply lists
          The Ministry of Social Development (MSD) has           ›› retail and hospitality
          created lists of occupations and regions where         ›› construction
          there is a clear over or undersupply of New
                                                                 ›› administration and call centre workers
          Zealanders on Job Seeker Support.
                                                                 ›› manufacturing and warehousing
          If an employer is trying to fill an occupation
                                                                 ›› transport.
          that is on the undersupply list, they will not
          need to get a Skills Match Report, even if the         In the hospitality sector, the oversupply of
          job is paid below the New Zealand median               New Zealand job seekers in all regions includes
          wage.                                                  café workers, cooks, commercial
                                                                 housekeepers, domestic housekeepers, fast
          There is an oversupply of New Zealand job
                                                                 food cooks, kitchenhands, and waiters.
          seekers on a Job Seeker Support benefit in all
          regions for some occupations in the following          If your role is not oversupplied or
          sectors:                                               undersupplied in your region, you will need a
                                                                 Skills Match Report to hire a migrant.
          To check if a role is on the oversupply list or the undersupply list in your region, visit:
          workandincome.govt.nz/about-work-and-income/news/2020/skills-match-report-changes.
          html

4   | Guidance for hospitality sector employers
The Essential Skills work visa application process
This flow chart is a high-level simplification of the work visa application process. Before a work visa can be
approved, immigration officers must be satisfied that all requirements for the granting of the visa are met.
This includes a labour market test, establishing that no New Zealand citizens or residents are available to do
the work offered. An immigration officer may consider a number of factors when determining whether the
labour market test is met. Four scenarios (marked S ,see page opposite) apply.

                                                                                   at or above
                                         pay rate                    S1           median wage*

                                                                            advertise vacancy nationally

*The median wage as at October 2020
was $25.50 per hour.

                                                                                      assess                 no suitable
                                                                                    candidates              New Zealander

                                        below                         suitable                                submit visa
                                     median wage*                   New Zealander                             application

                                                                                                        Essential Skills work
                                                                       employ
                                                                                                         visa | up to 3-year
                                                                    New Zealander
                                                                                                          max. if approved
                                        check MSD
                                           lists
            occupation on                                      occupation on
       S4 oversupply list                                     undersupply list              S2                advertise
                                           S3                                                                  vacancy
    contact local                 occupation not on                                                     locally or nationally
   Work & Income             undersupply or oversupply list
       office

                                       list vacancy                                                              assess
                                         with MSD                                                              applicants
                      suitable                             no suitable
                    New Zealander                         New Zealander
                                                  advertise                request
                                                                                                             no suitable
                                                   vacancy              MSD Skills Match
                                                                                                            New Zealander
                                            locally or nationally        Report (SMR)

                                                                assess                                        submit visa
                                      suitable              job applicants                                    application
                                    New Zealander               & SMR

                                                            no suitable
                                                           New Zealander

         employ                                                                                             Essential Skills
    New Zealander or                                          submit visa                                     work visa |
     residence-class                                          application                                   6-month max.
       visa holder                                                                                            if approved

                                                                                                 Guidance for hospitality sector employers | 5
Submitting a complete and correct application

            If you decide to support an Essential Skills work visa application, it is important that you
            provide all the information we need. Immigration New Zealand often receives incomplete
            Essential Skills work visa applications. This slows down processing. You can help us to help
            you by getting things right.
            1. A Skills Match Report                         ›› work experience

            If the role pays less than the median income     ›› the reasons they were found unsuitable.
            level and is not on the under or oversupply      4. Complete and correct employment
            lists, you must request a Skills Match Report    agreements
            from the Ministry of Social Development.
                                                             Your prospective worker must provide a
            For more information:                            completed and signed employment
            www.workandincome.govt.nz/employers/             agreement. Agreements often miss:
            help-with-recruitment/hiring-someone-
                                                             ›› the correct legal name of the business
            from-overseas.html
                                                             ›› the name and address of the worker
            2. Job advertisements
                                                             ›› the hours of work
            Evidence of the advertising you have placed      ›› the rate of pay (hourly or annual salary)
            establishes that you have genuinely              ›› whether the role is fixed term or
            attempted to recruit a New Zealander. If the        permanent. (If the role is fixed term, you
            pay rate is below the median wage, you must         must provide a genuine business reason
            advertise locally or more widely for at least       why this is so.)
            one week. If the pay rate is at or above the
            median wage, you must advertise nationally       For more information: www.employment.
            for at least two weeks.                          govt.nz/starting-employment/
                                                             employment-agreements/things-an-
            The use of large recruitment websites such       agreement-must-contain/
            as Seek and TradeMe is acceptable.
            Advertising on your own website or Facebook      5. Confirmation that the role guarantees a
            page is generally not enough.                    minimum of 30 hours of work per week

            If possible, provide the Seek or TradeMe         To qualify for an Essential Skills work visa,
            dashboard showing the number of                  your migrant worker must be working at
            candidates who responded.                        least 30 hours a week. This must be specified
                                                             in the employment agreement. If the hours
            A visa application should be submitted within
                                                             of work fluctuate – due to weather, for
            3 months of the date the role was advertised.
                                                             example – the employee must still be paid for
            3. Information about candidates                  at least 30 hours a week.

            Information about the people who have            6. Complete job descriptions
            applied for the role will help establish
                                                             Information often missed from job
            whether or not there are suitable New
                                                             descriptions that must be included, includes:
            Zealanders available to do the job. You
            should show how many people applied for          ›› job title
            the job, along with each person’s:               ›› location of employment
            ›› immigration status                            ›› tasks and responsibilities
            ›› qualifications                                ›› required skills, qualifications and
                                                                experience.

6   | Guidance for hospitality sector employers
A work entitlement checklist

                                    Is the person you are checking a
                                          New Zealand citizen?
                        Yes                                                             No
Checking a New Zealand citizen’s work                         Checking a non-New Zealand citizen’s
entitlement                                                   work entitlement
      Sight a New Zealand passport, or                            Check work entitlement at
      Confirm New Zealand passport                                www.immigration.govt.nz/visaview,
      information at                                              or
      www.immigration.govt.nz/visaview                            Sight a passport with a valid New
      and sight the passport or other photo                       Zealand visa with conditions that allow
      identification, or                                          the person to work for you, or
      Sight a New Zealand birth certificate and                   Sight a valid electronic visa (printout)
      photo identification, or                                    and verify through Visa View or
      Sight a New Zealand citizenship                             Sight an Australian passport, or
      certificate and photo identification
                                                                  Sight a passport with an Australian
      Retain copies                                               permanent residence visa or a current
*A new Zealand driver licence is not sufficient evidence on       returning residence visa.
its own to confirm citizenship.
                                                                  Retain copies
A New Zealand birth certificate can be ordered online at
www.bdmonline.dia.govt.nz by anyone who has a RealMe          A tax code declaration IR330 form is not a
ID.                                                           reasonable excuse for employing someone
                                                              who is not entitled to work for you.

                                                              Did VisaView confirm that this person is
This checklist is designed to help
                                                              entitled to work for you?
you meet your obligations under
the Act. For a more comprehensive                                 No. You may not be able to employ this
work entitlement guide, visit:                                    person. New Zealand citizens will need
www.immigration.govt.nz./visaview                                 to provide evidence of their citizenship.
                                                                  Non-New Zealand citizens should
                                                                  contact the Immigration Contact Centre
                                                                  on 0508 558 855 to apply for a visa to
                                                                  work in New Zealand.
                                                                  Yes. You can employ this person until
                                                                  the date specified and in accordance
                                                                  with any conditions stated.
                                                                  Call the Immigration Contact Centre
                                                                  employer-designated contact number:
                                                                  0508 967 569

                                                                                       Guidance for hospitality sector employers | 7
Applying for a Variation of Conditions – Essential Skills work visa
                      A variation of conditions, if granted, will only be for the balance of the current visa.

                                               Does the worker                                   To find out more
                                               currently hold an
                                             Essential Skills work          N                     about whether
                                                                                                the the conditions
                                                     visa?                                       of the visa can be
                                                                                                changed, visit the
                                                          Y                                     Immigration New
                                                                                                Zealand website.
                                                                                                    (See below.)
                                                     Is the new job
                                     N            paid at or above the       Y
                                                    median wage?

                 Is the worker’s
                current Essential                                       Do you want to
                                                                                                                The worker can
               Skills work visa for                                  change the worker’s
               a job that is either                   Y              occupation or region         N             apply to change
                                                                                                                   employer
                  lower skilled                                        of employment?
               OR pays below the
                 median wage*?                                                    Y
                             N
                                                                           Is the new
                                                                     occupation on one of
                                                               N      the Skills Shortage
                                                                       lists? (See below)

                                                                                  Y

                                                                          Does the worker
                   New Work Visa                                          meet the Skills
                     required                                  N            Shortage list
                                                                           requirements?

                                                                                  Y

            *Essential Skills visa approval                                 The worker can
            letters will state the skill level for                         apply to change
            applications submitted before 27                              any combination of
            July 2020, or the remuneration                               employer, occupation
            level for applications submitted on                              and region of
            or after 27 July 2020.                                           employment

     Skills Shortage checker: skillshortages.immigration.govt.nz

     To find out more about whether you can change the conditions of a work visa, visit:
      www.immigration.govt.nz/new-zealand-visas/apply-for-a-visa/tools-and-information/general-
     information/variation-of-conditions-temporary-visas/varying-a-work-visa

8   | Guidance for hospitality sector employers
Using VisaView to check if someone can work for you
You may have found the perfect candidate for                                                                             To access VisaView, you need a RealMe account.
your vacancy, but every migrant needs a visa                                                                             If you have created a RealMe account for another
that allows them to work in New Zealand. With                                                                            purpose, you can use that for VisaView.
VisaView, you can satisfy yourself that your
                                                                                                                         The conditions of the migrant’s visa will also be
prospective employee is able to live in New
                                                                                                                         noted on the visa label in their passport, or in a
Zealand and work for you.
                                                                                                                         letter from Immigration New Zealand. You should
Before a migrant can begin working for you, you                                                                          ask to see those documents, as well as photo
must check that the conditions of their visa allow                                                                       identification, and keep a copy of them for your
them to work. It’s important to note though that                                                                         records.
potential or new migrants do not need a visa to
                                                                                                                         To learn more about VisaView, visit:
apply for jobs, as in many cases a job offer is
                                                                                                                         www.immigration.govt.nz./visaview
required to support their visa application.
                                                                                                                         VisaView also allows registered employers to
You can check whether a migrant can work for
                                                                                                                         confirm New Zealand passport information
you using VisaView. VisaView allows registered
                                                                                                                         provided by a New Zealand citizen candidate. To
employers to verify that prospective and current
                                                                                                                         do this, you will need to complete and return the
employees hold a valid visa, the conditions of the
                                                                                                                         Disclosure Agreement to the Department of
visa, and the date of expiry. Enquiries are saved
                                                                                                                         Internal Affairs: www.immigration.govt.nz/
in the employer’s VisaView account and these
                                                                                                                         documents/online-systems/dia_
records can be used as evidence of compliance
                                                                                                                         registeredemployeragreement.pdf
with the Immigration Act 2009.

                                                                                                                         It is an offence under the Immigration Act
                                                                                                                         2009 to allow, or continue to allow, someone
                                                                                                                         to work for you who is not entitled to do so.

                                                                                   EMPLOYERS
                                                                VISAVIEW GUIDE FOR
                                    INNOVATION AND EMPLOYMENT
              MINISTRY OF BUSINESS,

      VisaView guide for employers PDF 596KB :                                                                       1

      www.immigration.govt.nz/documents/online-
                                    loyers
             VisaView Guide for Emp
      systems/visaviewguideforemployers.pdf

                                                                                                                         VisaView guide for employers PDF 596KB :
                                                                                                                         www.immigration.govt.nz/documents/online-
                                                                                                                         systems/visaviewguideforemployers.pdf

                                                                                               immigration.govt.nz

                                                                                                                                                  Guidance for hospitality sector employers | 9
Operating in the new environment
The Government recognises that COVID-19 presents a                     while making sure that access to migrant workers is
unique set of challenges for New Zealand jobseekers,                   available where there is a genuine skill need that cannot
employers and temporary work visa holders. Regional                    be met.
impacts vary, but there are more people looking for                    It is possible that some temporary migrants who had
work as a consequence of the impact of COVID-19 on                     hoped to make New Zealand their long-term home will
businesses. Minimising unemployment and promoting                      need to make a plan to depart New Zealand if they can
re-employment is central to the Government’s                           no longer remain here lawfully. Understandably, this
response to COVID-19.                                                  may be distressing for both migrants and their
The Government’s overall aim is to reduce reliance on                  employers.
low-skilled migrant labour and incentivise more                        It is the responsibility of the temporary migrant to
integrated planning across the employment,                             ensure they remain lawful while they are in New
immigration and education systems.                                     Zealand. Information about visa types is available on
New Zealand’s immigration system is designed to                        the Immigration New Zealand website or an
ensure that New Zealanders are first in line for jobs,                 immigration professional can help.

Compliance with                                    Employers who do not comply with
                                                   the standards or who have
                                                                                           For information about employee
                                                                                           rights, visit:
employment                                         breached employment law can be
                                                   stopped from recruiting migrant
                                                                                           www.employment.govt.nz/
                                                                                           starting-employment/rights-and-
standards                                          workers. Employers that have            responsibilities/minimum-rights-
                                                   received a penalty (or similar) for a   of-employees/
All employers are required to                      breach will be viewed as non-
                                                                                           For information about what
comply with employment                             compliant with New Zealand
                                                                                           happens if an employer breaches
standards.                                         employment law and will face a set
                                                                                           employment standards, visit:
                                                   stand-down period that prevents
Among other requirements, you                                                              www.employment.govt.nz/
                                                   them from supporting a visa
must pay at least the minimum                                                              resolving-problems/steps-to-
                                                   application. The period commences
wage for every hour worked and                                                             resolve/labour-inspectorate/
                                                   when an infringement notice or
you must not charge fees or deduct                                                         employers-who-have-breached-
                                                   penalty is issued.
money from wages unless this is                                                            minimum-employment-
legally required or has been agreed                                                        standards/#standdown
to in writing first.

10   | Guidance for hospitality sector employers
Redundancy                               Migrant                                 Migrant welfare
If you can no longer offer               exploitation
employment that meets the terms                                                  Emergency assistance
of your employee’s visa, you may         In the current economic
need to offer redundancy.                environment, temporary migrants         Temporary visa holders in hardship
                                         whose visa status is tied to their      due to COVID-19 may be able to get
Remember that employment
                                         employment are at greater risk of       an Emergency Benefit from Work
legislation has not changed.
                                         exploitation.                           and Income at the Ministry of Social
Employers must continue to comply
with their legal obligations.            Immigration New Zealand and             Development.
                                         Employment New Zealand’s Labour         Visit: workandincome.govt.nz/
An employer must follow a fair
                                         Inspectorate take the issue of          temporaryvisa
process whenever they want to
                                         migrant exploitation extremely
make an employee redundant.
                                         seriously.
Employers cannot make someone
redundant without going through a        Exploitation for work is a serious
workplace change process first.          crime. Employers who exploit            Self-isolation
                                         migrants can be imprisoned for up
The employer needs a genuine                                                     If a migrant is required to self-
                                         to 7 years and fined up to NZD
business reason to restructure and                                               isolate and they are experiencing
                                         $100,000. Additionally, they will be
will need to state this reason clearly                                           difficulty in doing so, they should
                                         placed on a list of non-compliant
to the employees or union as they                                                contact their Embassy or Consulate
                                         employers and unable to support
go through the proper process.                                                   for assistance. Contact details are
                                         visa applications for a period of
For more information about               time.                                   available on the Ministry of Foreign
offering redundancy, including                                                   Affairs and Trade website.
                                         The Immigration Act 2009 sets out
employer obligations for the period                                              Visit: www.mfat.govt.nz/en/
                                         criminal offences relating to
of notice you must provide and final                                             embassies
                                         immigration.
payments, including redundancy
compensation, visit:                     Some types of exploitation include
www.employment.govt.nz/                  when an employee:                       As part of the response to the
ending-employment/redundancy/                                                    COVID-19 pandemic, the Temporary
                                         ›› has to pay part or all of their
                                                                                 Accommodation Service is working
For information about workplace             wages back to the employer
                                                                                 with other government agencies to
change, including fair process, visit:   ›› does a “deal” and is charged a       assist in providing temporary
www.employment.govt.nz/                     premium (money for getting a job)    accommodation to those required
workplace-policies/workplace-            ›› is paid too little money for their   to self-isolate who are unable to do
change/                                     work or none at all                  so in their own homes.
For information about terminating        ›› is made to work an excessive         Visit: www.
employment agreements during                number of hours, with no break or    temporaryaccommodation.mbie.
COVID-19 response and recovery,             have no time-off from work           govt.nz
visit :                                  ›› is not paid for holidays or annual
www.employment.govt.nz/                     leave.
leave-and-holidays/other-types-
of-leave/coronavirus-workplace/
                                         If you are aware of instances of
terminate-employment-
                                         migrant exploitation, contact
agreement-covid-19/
                                         Employment New Zealand, free
                                         phone 0800 20 90 20.
                                         Note: If the migrant is in immediate
                                         physical danger, call 111 and ask for
                                         Police.
                                         For more information, visit:
                                         www.employment.govt.nz/
                                         resolving-problems/types-of-
                                         problems/migrant-exploitation

                                                                                         Guidance for hospitality sector employers | 11
Departing New                                      Migrant support                      Government agencies
Zealand
                                                                                        Immigration Contact Centre
If a migrant is unemployed or in                   Websites
difficulty and wants to return to                                                       You can call the Immigration
their country of origin, they should                                                    Contact Centre from 6:00am
talk to their Consulate or Embassy.                                                     Monday to midnight on Saturday
The Consulate or Embassy should                                                         (NZT).
be able to provide advice about
                                                                                        Anyone who has already applied for
assistance and the availability of
                                                                                        a visa, should ensure they have
flights. Contact details are available
                                                                                        their client number, application
on the Ministry of Foreign Affairs
                                                                                        number and passport number with
and Trade website.
                                                                                        them when they call.
Visit: www.mfat.govt.nz/en/
                                                                                        You can request urgent assistance
embassies/
                                                                                        from the Immigration Contact
                                                                                        Centre.
Migrants may also register with a
                                                                                        Toll-free*:   0508 558 855
local travel agency to be contacted
when the appropriate international                                                      Auckland:     09 914 4100
flights become available.                                                               Wellington: 04 910 9915

                                                                                        *From NZ landlines only

Access to Kiwisaver                                NEW ZEALAND NOW                      Office of Ethnic Communities
Anyone who moves to Australia, can                 NEW ZEALAND NOW is a                 The Office of Ethnic Communities is
transfer their KiwiSaver funds to an               comprehensive source of targetted    government’s principal advisor on
Australian superannuation scheme.                  information for new and              ethnic diversity in New Zealand. It
You do not have to transfer your                   prospective migrants to Aotearoa     provides information, advice and
KiwiSaver account to Australia                     New Zealand. The website is run by   services to, and for, ethnic
though.                                            Immigration New Zealand.             communities in New Zealand and
After you’ve been living overseas                                                       administers funds to support
                                                   Web: www.newzealandnow.govt.nz
(not Australia) for 1 year, you can                                                     community development and social
take most of the savings from your                                                      cohesion. The office maintains a
KiwiSaver account.                                                                      directory of ethnic community
                                                                                        organisations and support services.
You can withdraw:
›› your contributions                                                                   Visit: www.ethniccommunities.
                                                                                        govt.nz
›› your employer’s contribution
›› the $1,000 kickstart (if you got it)
                                                                                        Human Rights Commission
›› fee subsidies (if you got these)
›› interest you have earned.                                                            The Human Rights Commission
                                                                                        provides human rights education
You cannot take out the
                                                                                        and resources, reports on human
government contributions.
                                                                                        rights matters, and resolves
Contact your KiwiSaver provider if                                                      disputes relating to discrimination.
you decide to transfer your
                                                                                        Visit: www.hrc.co.nz
KiwiSaver funds. They can guide you
through the process.

12   | Guidance for hospitality sector employers
Interpreters                           Immigration advice                      Unions
and multilingual                       Anyone who needs personalised
information services                   immigration advice must use a           Union Network of Migrants
                                       Licensed Immigration Adviser or a
                                                                               Union Network of Migrants is a
                                       person exempt from licensing.
Government helplines                                                           network of migrant workers within
                                                                               FIRST Union. FIRST Unemig is
When calling a government helpline,    Community Law Centres o                 migrant-led, non-profit and non-
ask for help in the preferred          Aotearoa                                sectarian. Unemig aims to protect
language. Interpreters are available                                           the rights and welfare of migrant
                                       Community Law Centres o Aotearoa
for over 180 different languages.                                              workers in New Zealand.
                                       operates more than 20 law centres
›› Call the helpline                   around New Zealand offering free        Visit: unemig.org.nz
›› Ask for an interpreter and tell     legal help.
   them the language                                                           E tū
                                       A lawyer is permitted to give
›› Wait to be connected to a           immigration advice without a
   professional interpreter who will                                           E tū represents 10,000 members in
                                       licence providing they hold a current
   help you talk to the agency.                                                Public and Commercial Services.
                                       practising certificate from the New
                                                                               This includes workers in the
                                       Zealand Law Society.
                                                                               hospitality and tourism sectors.
InfoNOW
                                       Visit: communitylaw.org.nz              Visit: etu.nz
InfoNOW is a free service providing
information to migrants settling in    Citizens Advice Bureau                  Unite
New Zealand in their preferred
language.                              Citizens Advice Bureau (CAB) is an      Unite covers workers in a number of
                                       independent community                   workplaces, including restaurants
Phone or email InfoNOW, or use the
                                       organisation providing free             and hotels.
online chat service.
                                       confidential information, advice,
Tel: 0800 4636 669                     support and advocacy. The Citizens      Visit: unite.org.nz
                                       Advice Bureau (CAB) has a walk-in
Email: info@infonow.nz
                                       migrant information service,
Web: www.infonow.nz
                                       Migrant Connect, in locations
                                       throughout the country. These
Healthline                             centres can give advice on
For general help related to            immigration and citizenship. Call
COVID-19, call the government          0800 FOR CAB (0800 367 222) for
helpline on 0800 779 997.              more information or visit the
                                       website
If you think you have any COVID-19
symptoms call Healthline               Visit: cab.org.nz
0800 358 5453. If you need an
interpreter, press 1 after you dial    Licensed Immigration Advisers
the number and you will be
                                       The New Zealand Immigration
connected to a Healthline worker,
                                       Advisers Authority can put you in
say your language and wait on the
                                       touch with a licensed adviser in your
line until you are connected with
                                       area. The advisers provide a
someone who speaks your
                                       commercial service.
language.
                                       Visit: www.iaa.govt.nz

                                                                                       Guidance for hospitality sector employers | 13
You can also read