New Zealand Law
Have New Zealand Law Questions? Ask a Lawyer Online.
Just reading now
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.