According to the law, migrants in the New Zealand need to have work visas in order to stay and work in the country. How long a work visa
will allow you to stay would often depend on the term of your job offer and the labour marketing conditions. For instance, those who were offered a job on the skill shortage list will typically have a longer duration. Still, migrants will have to remember that unless they have a permanent job offer or are in line for a work to residence visa, their current visas will expire. Staying with an expired visa will mean that you are in the country unlawfully and are therefore at risk.
An employee with an expired New Zealand work visa
may be subjected to migrant exploitation. Because of your unlawful stay, your employer may treat you unfairly. For instance, they can pay you less or make your work conditions less than ideal for the average New Zealand worker. Unlawful stay or not, it is illegal for an employer to exploit migrant workers. This should be reported to the authorities immediately.
If you choose to stay long after your visa expires, you are under legal obligation to leave New Zealand and therefore, liable for deportation. It is best not to let get to the point when you have already been served with a deportation order.
What Are Your Options?
The ideal course of action is to apply for further work visa before the current one expires. If under certain circumstances, you failed to do this, the next best thing is to request a visa under the section 61 of the Immigration Act 2009. It is important to note, however, that these requests aren’t like visa applications since the government is not required to consider your request, and they also don’t have to provide a reason for not considering it. The same is true if they decide to decline your request. It is also important to note that only a worker that hasn’t already been served with a deportation order will be considered for section 61.
It’s understandable to feel a little overwhelmed when going through this process, especially with the threat of deportation. It is best to seek out professional help from a licensed immigration adviser, like Auckland South Immigration Consultants to improve your chances by knowing how your visa can be approved.
Section 61 Visa, New Zealand Immigration
Migrant Exploitation, Employment New Zealand