
Employers that incur penalties for severe breaches of employment laws on or after April 1, 2017 may face bars from recruiting foreign nationals for six months to two years. This measure applies to employers supporting work visa applications and approvals; those seeking accredited employer status or supporting residence class visa applications based on employment; and those who are part of the Recognised Seasonal Employer scheme.
Penalties and Bars
The Ministry of Business, Innovation and Employment (MBIE) will apply bars for major breaches that involve formal infringement notices and higher penalties, e.g., formal Labour Inspectorate infringement notices, Employment Relations Authorities or Employment Court penalties (including those resulting from private actions taken by employees) and Employment Court banning orders. The bar will be proportionate to the severity of the breach and the imposed penalty, as follows:
- Six-month bar will apply for a penalty up to and including NZD 1,000;
- 12-month bar will apply for penalties over NZD 1,000 but less than NZD 20,000;
- 18-month bar will apply for penalties of NZD 20,000 and over but less than NZD 50,000; and
- 24-month bar will apply for penalties of NZD 50,000 and above.
Implementation
The Labour Inspectorate will maintain a list of noncompliant employers, and INZ will use this list to prevent them from recruiting foreign nationals during the bar.
Immigration New Zealand (INZ) will place employers that incur penalties before April 1, 2017 on a list of noncompliant employers, and visa applications for their employees will be judged against immigration laws that require compliance with employment laws. The exact rules for employers that incur penalties before April 1, 2017 will be developed in future regulations.
What This Means for Employers and Foreign Nationals
The MBIE will be informing employers that are likely to face a bar. Employers who are informed of a bar should contact their immigration professional to discuss the next steps.
Foreign nationals working for employers found noncompliant during their employment will be allowed to work for the duration of their existing work visa, but will not be granted an additional work visa for the noncompliant employer.
This alert is for informational purposes only. If you have any questions, please contact the global immigration professional with whom you work at Fragomen or send an email to [email protected].
Explore more at Fragomen
Blog post
Associate Alejandro Hernandez analyses new F and J visa screening practices, including social media vetting by US consulates and proposed DHS changes that could significantly alter admission periods for students and exchange visitors.
Awards
Fragomen Ireland is accredited with IBEC’s KeepWell Mark™, recognizing the practice’s commitment to wellbeing, inclusion and responsible business.
Media mentions
Director Kelly Hardman discusses how UK offshore immigration rules are creating challenges for energy and maritime operations.
Media mentions
Partner Ángel Bello Cortés outlines upcoming changes to Ireland’s immigration rules and their implications for employers.
Media mentions
Partner Chad Ellsworth discussed the new $100,000 H-1B visa fee and ongoing demand for specialized talent across the US tech industry.
Media mentions
Senior Manager Kate Hooper and Associate Naomi Nyamaah explain the importance of maintaining sponsor licences for care providers in the UK.
Media mentions
Counsel Brian Hunt outlines how the US could scan social media as part of proposed entry requirements for travellers applying through ESTA.
Video
In the Mobility Minute, Practice Leader Colm Collins outlines upcoming changes to Ireland’s employment permit qualifying criteria and the steps employers should take ahead of the 1 March 2026 implementation.
Media mentions
Partner Charlotte Slocombe discusses what travellers to the US under the Visa Waiver Program need to disclose and consider before travelling.
Media mentions
Counsel Brian Hunt discussed US Customs and Border Protection's proposed changes to the ESTA application process regarding social media and additional personal information.
Media mentions
Senior Counsel Mitch Wexler explains key considerations for Indian applicants under the new Gold Card program.
Video
In this Mobility Minute, Manager Maja Sugui outlines key legalisation requirements when the Apostille Convention does not apply or when country-specific exceptions exist.
Blog post
Associate Alejandro Hernandez analyses new F and J visa screening practices, including social media vetting by US consulates and proposed DHS changes that could significantly alter admission periods for students and exchange visitors.
Awards
Fragomen Ireland is accredited with IBEC’s KeepWell Mark™, recognizing the practice’s commitment to wellbeing, inclusion and responsible business.
Media mentions
Director Kelly Hardman discusses how UK offshore immigration rules are creating challenges for energy and maritime operations.
Media mentions
Partner Ángel Bello Cortés outlines upcoming changes to Ireland’s immigration rules and their implications for employers.
Media mentions
Partner Chad Ellsworth discussed the new $100,000 H-1B visa fee and ongoing demand for specialized talent across the US tech industry.
Media mentions
Senior Manager Kate Hooper and Associate Naomi Nyamaah explain the importance of maintaining sponsor licences for care providers in the UK.
Media mentions
Counsel Brian Hunt outlines how the US could scan social media as part of proposed entry requirements for travellers applying through ESTA.
Video
In the Mobility Minute, Practice Leader Colm Collins outlines upcoming changes to Ireland’s employment permit qualifying criteria and the steps employers should take ahead of the 1 March 2026 implementation.
Media mentions
Partner Charlotte Slocombe discusses what travellers to the US under the Visa Waiver Program need to disclose and consider before travelling.
Media mentions
Counsel Brian Hunt discussed US Customs and Border Protection's proposed changes to the ESTA application process regarding social media and additional personal information.
Media mentions
Senior Counsel Mitch Wexler explains key considerations for Indian applicants under the new Gold Card program.
Video
In this Mobility Minute, Manager Maja Sugui outlines key legalisation requirements when the Apostille Convention does not apply or when country-specific exceptions exist.
