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Question :
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

Question submitted 30/04/20 @ 10:58am
Industry: Legal
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  • hello Nick

    Unfortunately, the visa status does not prevent the employer from disestablishing an employee’s position and terminating employment grounds of redundancy. If the employer disestablishes the employee’s position but wishes to redeploy them into another role within the company, the employee must contact INZ and apply for a variation to the conditions of their work visa (i.e. to work in a different role). If the employer terminates the employee’s employment on the grounds of redundancy (i.e. no redeployment), then the employee must contact INZ and apply for a variation to the conditions of their work visa (i.e. to work for a non-accredited employer). The employee will be unable to lawfully work in New Zealand until they have been granted a variation to their current work visa, or obtain a new work visa. Best to direct the employee to this link on the INZ Website which has information about varying visa considitions https://www.immigration.govt.nz/new-zealand-visas/apply-for-a-visa/tools-and-information/general-information/variation-of-conditions-temporary-visas/varying-a-work-visa

    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

    Dear Gillian,

    Thank you firstly for taking the time out of your day to share your advice, this is very kind and much appreciated. Great points.

    I will share this onto the employee along with the links.

    Have a brilliant day, thanks again

    Look after yourself and each other
    Nick

    Dear Phil,

    Thank you very much for taking the time to help and share your thoughts, I will pass on your thoughts to the employee and let’s hope he can get full clarity from those experts.

    Please rest assured I never give out advice that I am not certified to do so (nor should any of us) hence reaching out to our wonderful people here on Manaaki.io so thanks again Phil for your words.

    Look after yourself and each other,

    Nick Roud.

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