From our Leader in Digital Edition dated April 15, 2024
Venkat Raman
Small and owner-operated enterprises, members of the ethnic communities and most importantly, migrant workers have expressed their dismay and dissatisfaction over the Immigration policy changes announced last fortnight.
They have labelled the changes as ‘unfair,’ and specially targeted against the South Asian community “effectively saying ‘you are not welcome.”
Among the changes announced by Immigration Minister Erica Stanford will shut the immigration doors for migrant labour in the low-skilled Level 4 and Level 5. This will apply to those applying for the roles of Personal Care Assistant, Import-Export Clerk, Aged or Disabled Carer, Nursing Support Worker, Driller and Bicycle Mechanic. Apart from imposing English Language requirements for Levels 4 and 5 jobs, employers must satisfy Work and Income that New Zealanders are not available for these jobs and then apply to Immigration New Zealand. This effectively puts the clock black on the Labour regime under Helen Clark when hiring immigrant labour was a job in itself.
The Accredited Employer Work Visa Scheme
Ms Stanford has set minimum skills and work experience thresholds for a large of roles under the Accredited Employer Work Visa (AEWV) Scheme and disestablished the Franchise Accreditation Category.
“These steps improve the Scheme’s integrity and will help to prevent migrant exploitation, following recommendations from the recent Bestwick review, which found serious issues with the AEWV processes. English language requirement will enable migrants to understand their rights or raise concerns about an employer early,” she said.
The new policy will make visas for 11 roles on the Green List such as welders, fitters and turners more difficult. Ms Stanford has closed the Work to Residence pathway for bus and truck drivers. Immigration New Zealand (INZ) will not entertain new applications since the shortage of drivers has disappeared.
“These changes are the start of a more comprehensive work programme to create a smarter immigration system that manages net migration, responds to our changing economic context, attracts top talent, revitalises international education, is self-funding and sustainable, and better manages risk,” she said.
The Bestwick Review
Ms Standford made the changes based on the advice from top INZ and her ministry officials but the major impetus came from an Independent review by Jenn Bestwick.
Ms Bestwick, Board Chair at Tonkin+Taylor and Tertiary Education Commission, renowned for her role in governance was commissioned by the Public Service Commission to review the AEWV Scheme introduced by the Labour government in June 2022.
Her Report, released on February 27, 2024, said that the changes introduced by Immigration New Zealand (INZ) to reduce visa processing times and respond to the extraordinary demand from employers had reduced the number of checks.
The review identified possible improvements to the scheme. It found that (a) With the opening of the borders post Covid in June 2022, and employers needing migrant labour, INZ introduced new operational settings to reduce visa processing times and respond to the extraordinary demand from employers (b) These settings reduced the number of checks that immigration officers were required to do to maintain processing times (c) INZ’s decision to change the settings, to address the immediate need for access to migrant workers, was reasonable in the circumstances (d) INZ did not adequately assess the risk and impact of these changes to speed up processing times, against the increased risk of visa system abuse (e) The focus on meeting visa processing timeframes and volumes overrode risk considerations (f) When INZ staff raised concerns about the risks, leadership at INZ failed to pay adequate attention (g) Between 27 July 2022 and 30 June 2023, the visa scheme was exposed to an increased risk of exploitation by unscrupulous agents or employers.
Ms Bestwick said that INZ continues to make changes to improve the administration of the work visa scheme service. According to her, the changes to the Accredited Employer Work Visa scheme did not work as intended and INZ could have done more to minimise the risk of abuse of the work visa system.
The role of Immigration New Zealand
It has now emerged that INZ should have assessed the risk before implementing the changes and reviewed the impact of the changes, which would have identified any faults or risks due to the reduction of verification checks.
Deputy Public Service Commissioner Heather Baggott said that INZ implemented ‘very quickly’ a new model to accelerate immigration at a time when the country desperately needed skilled workers.
“While it was unscrupulous employers who exploited migrants coming into the country, INZ could have and should have done more to minimise the risk of that happening. The Chief Executive of INZ has since made or is undertaking the necessary changes to ensure the scheme continues to meet the needs of employers while better protecting migrant workers coming into New Zealand. I expect the Chief Executive will continue to make improvements in line with the recommendations identified in the report. And the chief executive has assured me this will happen.”
Routine abuse
We have often advocated determent punishment for erring employers since migrant exploitation has been on the increase over the years.
Exploitation of migrant workers and international students is nothing new in countries that depend on migration for their economic progress. Britain, America, Canada, Australia and New Zealand have laws that prescribe minimum wages, working and living conditions and rights of migrants on work permits.
Yet, they suffer in silence a variety of atrocities- working long hours, accepting less pay, often by cash, and allowing their employers to evade tax and even immigration laws. They suffer in silence to avoid loss of jobs, and worse, deportation.
A majority of migrant workers come to countries like New Zealand seeking a better life. They should be treated with compassion and respect.
We need laws that are responsible but humane.
There is no argument against a smart, quick and efficient immigration regime, and strengthened border controls. There cannot be any cry against tightened curbs on the hiring of illegal workers, requiring most businesses to verify employees against an electronic database of those allowed to work. But there is a need for a regime that is tough on erring employers – those exploiting the helpless situation of migrant workers and international students.
Such a regime would also educate foreigners on their rights and the ways and means of redressing their grievances.
Angry Indians
People of the Indian community, especially from India are angry, not only because their good image is tarnished by unscrupulous elements, but also because it is inhuman to exploit labour. Many of them have said that we should name, shame and boycott them. The government must take bold steps to stem the growth of rogue employers, exploitation of migrant workers and the increasing threat of illegal immigrants orchestrated by human traffickers.
