What You Need to Know When Hiring Overseas Workers

Michael Yoon
Principal Immigration Lawyer

Looking to hire overseas workers? Make sure you've ticked off these legal and immigration requirements before bringing in migrant talent to avoid costly mistakes. If you still have questions, contact Immigration Lawyer NZ.

Have you ever thought you’ve found the perfect candidate, only to realise they’re on the wrong side of the border?

Here’s what you need to know before hiring migrants.

New Zealand’s immigration policy aims to plug skill shortages by giving employers the chance to hire migrant workers, but it isn’t as simple as putting out a job ad and welcoming them with open arms.

First off, before looking overseas, you’re legally obliged to search for a local candidate. Now, that doesn’t mean hiring someone who’s barely qualified, just to tick a box. It means making a genuine effort to find a New Zealander who can fill the role.

If that turns up nothing, you can start eyeing international candidates. But remember, if you're going down that path, you might need to prove that the local talent pool just didn’t measure up.

Next, it’s vital to check if a migrant can legally work for you. Before they can clock in, you've got to verify that their visa allows it. VisaView is the tool for this job. It gives employers access to all the visa details they need—whether a candidate is even allowed to work, and if so, for how long, under what conditions.

For some visas, it gets even trickier. A migrant might need to have an official job offer before applying for their visa, meaning you’re part of the process from day one.

And let’s not forget your legal responsibilities. Immigration laws aren’t there to trip you up, but slip-ups are easy and can land you in hot water. You’re not just hiring a worker, you're agreeing to follow the fine print of immigration and employment law.

In short, while the need for skilled workers is pressing, you can’t afford to cut corners. Get the checks right, use the tools like VisaView, and make sure you’re not inadvertently breaching any laws. Because when it comes to immigration, there’s no room for error.

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author headshot Michael Yoon
Last modified on 2 October 2024 by
Michael Yoon
Principal Immigration Lawyer
Michael has been working as a lawyer in New Zealand since 2006. Over the years, he has successfully helped thousands of clients to get their desired outcome. Clients find Michael knowledgeable, approachable and professional — a trusted expert.
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