Some good news for the week: We have successfully represented our client in getting their Deportation Liability Notice cancelled!
Case Background: The client was granted an essential skills work visa with an immediate start date, however they still needed to give two weeks’ notice to their former employer. This led to an unfortunate situation where our client was forced to breach their visa conditions by working for their former employer for two weeks after the new visa had been approved, and this resulted in a Deportation Liability notice being served. If the client had not worked the two-week notice period, they may have become liable under the Employment Relations Act for breaching their employment agreement.
Sadly, this is not an uncommon problem. Many migrants continue to work for one or two weeks after getting their visa’s approved in order to meet the requirements of their employment agreements and fulfil their notice periods. If they do not, they risk losing their holiday pay and wage entitlements, as well as risking sanctions being imposed by the Employment Relation Authority.
There is a clear gap in the law here, which INZ have attempted to address by issuing a Visa Pak which states “The conditions of your work visa state that you may only work for [new employer]. However, if required, you may continue to work for [previous employer] for the duration of your termination notice period required under your previous employment agreement.”
This allows migrants to abide by the terms of their employment agreements without breaching their visa conditions to do so, however in some cases Immigration New Zealand will still investigate visa holders for working for their previous employer under these circumstances. This is why it is so important to seek advice from a licensed immigration adviser when switching employers in order to fully understand your rights and responsibilities in regards to both immigration and employment law.