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Reply To: Good Morning team, I hope you and your loved ones are well and keeping healthy. Would like to ask for some advice and help please. As you may be aware I have been offering coaching services to (45) professionals free of charge who have unfortunately been made redundant. On a call today and a professional asked me something I need some direction on.Situation is: he is working for an accredited company and is on a work to residency visa. Company have informed him that they are going to disestablish his position. Question is; can an accredited employer do this bearing in mind his Visa obligation is to that company and if they do does he then need to pack his family up and move to his home country?Any thoughts, support or ideas would be of great help. Thank you, Look after yourself and each otherNick RoudRoud Career Coaching

Hi Nick,

In general, having a work visa doesn’t give you any extra or super rights in employment situations. Migrants must be treated the same as New Zealanders. So, the short answer is yes – the accredited employer can make his client redundant just the same as if he was a NZ citizen.

The issue for the migrant becomes the validity of his visa. As it stands, once his employment ends his visa (and that of his family) becomes invalid. Technically he needs to apply for a visitor visa to remain in New Zealand and find another job. Both are way easier to say than do. We have had nothing from the Government for the 1000’s of others in a similar situation as to whether there will be any grace or easing of conditions. Its an uncertain time and we are telling people not to panic as they will not be deported or held accountable if they can’t leave voluntarily.

Your client should get some advice about what to do next. You yourself should not give any kind of immigration advice, even for free during your sessions. That’s a breach of the Immigration Advisors Act and you could be sanctioned for it. If your client wants some free advice, point him at the Citizens Advice Bureau who have the national contract to such advice.

Hope that helps.

Phil