Ignorance no longer excuse for employers of illegal migrants

Under the new act, businesses, organisations and government agencies can sponsor migrants for temporary or resident visas. Photo / APN

Ignorance of a worker's immigration status will no longer be a "reasonable excuse" for employers who hire illegal workers under Immigration Act changes taking effect today.

Under previous legislation, employers could plead ignorance if an employee had completed and signed an Inland Revenue form declaring he or she was entitled to work.

Employers who break the law can be prosecuted and face fines of up to $50,000.

An online checking system called VisaView has been set up to help employers but it is still subject to the Privacy Act.

National Distribution Union migrant workers support co-ordinator Dennis Maga says the law change will have employers who have "not been playing by the rules" scramble to sack illegal workers.

"It is inevitable that there will be some job losses in the short term, but it is not actually a bad thing because it's all part of the process of flushing out the bad apples," Mr Maga said.

"Most of the companies that will react to this are migrant businesses, because we have found in our research that most of the migrant employees are being exploited by employers who belong to their own community."

Under the new act, businesses, organisations and government agencies can sponsor migrants for temporary or resident visas. Previously, only "natural persons" could do so.

But a sponsor will be held responsible for all costs incurred by the migrant, including repatriation and any debts to government agencies.

The act also introduces a universal visa system as an authority to travel and removes the distinction between visa, permit and exemption.

It also provides Immigration with more flexibility in dealing with those who have breached immigration requirements, including the option of secure detention.

Immigration Minister Jonathan Coleman said the new act modernises New Zealand's laws and offers a robust framework for the future.

"It is 21st century legislation which reflects the changing trends in immigration and it will encourage the visitors, students, skilled workers and new residents that New Zealand needs to grow our economy."

Dr Coleman described the changes as the "biggest overhaul of immigration legislation in nearly a quarter of a century" and said it had cross-party support.

LAW CHANGES

* Ignorance of worker status no longer a defence.
* Fines for employers of up to $50,000.
* Businesses, organisations and Government agencies can become sponsors.
* Universal visa system introduced for travel authority.
Source: immigration.govt.nz/act