Work visa traps to watch out for

Despite faster processing times from Immigration NZ, common pitfalls still challenge employers and migrant workers.

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Employers may have noticed faster processing times when applying for or renewing accreditation, job checks or work visas. This is thanks to a strong focus from Erica Stanford, the Minister of Immigration, who has been working closely with her officials to streamline the system.

Despite this progress, some common missteps continue to trip up both employers and migrant workers. Here is what to keep an eye on.

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1. Incomplete applications slow everything down

Applications that are missing required documents at the time of lodgement are a key reason for delays. Do not rush to submit an application before it is fully documented. Wait until all required information is gathered before submitting.

A missing document can lead to unnecessary delays or declined applications.

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2. Expired job adverts lead to lost time and money

Job advertisements must be no more than 90 days old at the time a job check is lodged. If an advert has expired, the advertising must start again and the job check government fee is non-refundable. This costs both time and money.

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3. Be careful when determining market rates

Immigration Officers use a range of tools to assess whether a role is being paid at or below the market rate. What you or your industry believe is appropriate may not align with Immigration NZ’s assessment. If in doubt, seek professional advice before lodging an application.

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4. Minimum wage increases affect visa applications

As of 1 April 2025, the adult minimum wage has increased to $23.50 per hour. Ensure that roles are being paid at or above the applicable minimum wage before submitting job check or work visa applications. This includes salaried positions which must still meet wage thresholds.

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5. Health screening changes affect families

Health screening for children of migrant works have recently changed. Children under the age of 21 who have severe developmental disorders or severe cognitive impairments where significant support is required may not be considered to be of an acceptable standard of health. When recruiting from overseas and workers intend to bring family it pays to bring an immigration adviser onboard to manage the process. An adviser can look at the complete family picture and assess if there might be health (or other) issues that may create visa problems. It is better to work this out before someone lands in New Zealand.

It is better to understand potential issues before someone arrives in New Zealand.

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6. Redundancies and visa implications

If you are starting a consultation process to disestablish roles held by migrant workers on temporary visas, encourage them to get immigration advice early. There are often visa solutions that can provide a buffer and help the worker transition to another role if redundancy occurs.

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7. Interim work rights on AEWV applications

Anyone applying for an Accredited Employer Work Visa (AEWV) while holding a current work visa (of any kind) or student visa (with work rights) receives immediate work rights once the AEWV application is lodged. Immigration NZ issue an "interim visa" which allows the person to start work. This substanially reduces wait times for employers.

However, if the AEWV application is later declined, the interim visa expires 21 days after the decision. It is important to keep track of application outcomes to avoid compliance issues.

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8. Infringement penalties are adding up

It has now been one year since the immigration infringement scheme was introduced. Since then, 139 employers have received penalties totalling $431,000 for various breaches. The construction, hospitality and beauty sectors have been the most affected.

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Need expert guidance?

Our specialist employer team is here to help. Whether you need advice on job checks, salary thresholds, visa risks or family applications, Malcolm Pacific Immigration has the expertise to guide your business through every step of the immigration process.

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