Immigration New Zealand wrongly told woman visitor to tell employer about her pregnancy

Ankur Sabharwal is the owner of immigration advisory Visa Matters. He is a licensed immigration adviser dealing with complex immigration matters.

OPINION: In February, Reva* became pregnant in India. She came to New Zealand in March. This month, Immigration New Zealand (INZ) wrongly told her she had to disclose this to her employer.

INZ’s actions encouraged a New Zealand employer to break the law and also caused Reva anxiety and distress.

Reva, who is my client, has allowed me to share her story in the hope that INZ will not do the same to other pregnant women.

What happened?

Reva came to New Zealand on a visitor visa sponsored by her sister, a New Zealand resident.

Reva’s sister works as a caregiver in a retirement home in Dunedin. She introduced Reva to her employer, who offered Reva a job in late March. Reva works as a registered nurse in India.

In April, Reva applied for a work visa. By this time, she had found out that she was pregnant, and she declared this on her work visa application form as required.

A senior INZ officer gets involved

A senior immigration officer at INZ Manukau (who I will call Madhu) noticed this declaration and asked Reva to obtain a letter from her prospective employer confirming that the employer knew that she was pregnant.

I told Madhu that my client Reva hadn’t informed her employer that she was pregnant. At that point, Reva was in her first trimester, and she didn’t want to tell her new employer that she was pregnant.

“The female members of my family have a history of miscarriage in the early stage of their pregnancies. So it was very hard for me to decide to disclose it especially in the first trimester when the risks of miscarriage are even higher,” Reva told me.

INZ Manukau’s Madhu insisted that Reva’s employer be informed about her pregnancy.

“As per employment laws in New Zealand, potential employees are required to disclose relevant information to their potential employers that may affect them during the course of their employment,” she wrote again to Reva.

“We are concerned that … in the event the employer decides to terminate your employment for withholding information, you may not have ongoing employment in New Zealand.”

Was INZ right?

I immediately emailed Madhu at INZ Manukau, asking which employment laws were being broken by Reva not telling her employer she was pregnant.

Madhu refused to tell me, although immigration policy requires INZ to give reasons for its decisions.

“It is not my responsibility to update you with the requirements of employment laws,” she said.

I pointed out that it is illegal for an employer to discriminate against a woman because she is pregnant, and there was no legal requirement for Reva to inform her future employer that she was pregnant before beginning employment.

The idea of forcing women to reveal their “baby plans” to their employers once led former Prime Minister Jacinda Ardern to wag her finger angrily at a TV3 newsreader, Mark Richardson.

However, it seems that Madhu is no feminist.

“I have read all the guidelines you have sent and noted that, as per your comments, it would be illegal for the employer to terminate your applicant’s employment due to pregnancy. That is for the employer to decide.”

Madhu insisted that INZ would not accept Reva’s job offer as genuine unless she provided a letter from her employer. She had checked with INZ’s technical team (her senior colleagues), and they agreed on this point.

Reva was affected by INZ’s unreasonable actions

INZ’s requirement for Reva to obtain a letter from her employer confirming they were aware of her pregnancy affected her health physically and psychologically, she told me.

“I noticed a sudden change in my appetite and had no desire to eat or do anything. My body felt exhausted most of the time and I found it harder to sleep at night. At many times, my heart was beating faster than usual and my blood pressure dropped,” she said.

How did it end?

Reva’s employer provided her the letter and INZ approved her a work visa.

Reva is now bravely complaining to INZ and the Human Rights Commission about her treatment during INZ’s processing of her work visa application.

More than an apology, she would like INZ to train its staff about pregnancy discrimination so that other migrant women aren’t treated like she was.

* Not her real name.

DISCLAIMER: This article does not constitute immigration advice. Individuals need to seek personal advice from a New Zealand licensed immigration adviser or lawyer to assess their unique situation. Ankur can be contacted at info@visamatters.co.nz.