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Chris The Lawyer
Chris The Lawyer, Lawyer
Category: New Zealand Law
Satisfied Customers: 22984
Experience:  38 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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We have a farm worker who has a matter before the

Customer Question

We have a farm worker who has a matter before the courtInitially was advised to plead guilty, then got told to plead not guilty so has been ongoing for 18 months.His passport has been taken by the courts.During this time he was wrongly advised that he could stay in NZ as long as his matter was before the courts.His visa ran out during this time.We got rung as his employer.We respected the legal opinion given so employed him during a time when clearly this was illegal to do so.As soon as we talked to immigration, who had not contacted him during the 4 months he was without a visa, we ended his employment.He immediately applied for a visitors visa, but was declined.He has now been sent a deportation notice, but he doesn't have a passport to be able to leave voluntarily and is worried if immigration deports him he won't be allowed back for 5 years.We have allowed him to stay on our property and were hoping once it was all over we could employ him again as we have advertised and unable to find someone suitable.If he leaves the country, can he immedialtey apply for our advertised job.Thank
Submitted: 1 year ago.
Category: New Zealand Law
Expert:  Chris The Lawyer replied 1 year ago.

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Expert:  Chris The Lawyer replied 1 year ago.

The problem started when his visa was permitted to expire. You are correct and that you could not continue to employ him as at that point without a working visa as that would have been illegal on your part. But it is possible to obtain a temporary visa and that is what should have been done. It is still possible to renew the working visa even if the passport has been taken by the court, because you can arrange for the passport to be sent by the court and returned to the court. Immigration will likely wait for the result of the court hearing before they arrange for deportation, which will resolve the issue of his passport, but because the visa was not renewed, he will now have a very difficult process to stay here. I think you may be aware that if someone is deported, then they have a standdown period of five years. So there is an advantage in leaving, and then applying for a new working visa. The problem he now faces is good character with the possibility of a criminal conviction hanging over his head. It is most unlikely that he will be able to get a visa if he has a conviction. If he was able to obtain a discharge without conviction based on the effect on his immigration status this is likely to be his only way forward.