Govt to remove 90-day trial clause, suspend accreditations without investigation and provide extended support to exploited migrants...

Just as I had hoped that there would be steady progress, with no new Immigration announcements leading up to the general election on October 14th, I was reminded by yesterday's announcement that ours is an industry that does not believe in operating in steadiness and calmness. You'd think after nearly 18 years in this industry, I'd know better! ??????♀?

Yesterday afternoon (September 20th), the Minister of Immigration issued some sudden announcements – triggered in response to the migrant exploitation cases that have been in the media for the last few weeks. And some of the measures announced, feel like such a knee-jerk reaction by the government!

Let's unpack this briefly -

Removal of 90-day trial for AEWV holders from late Oct

Starting from late October, employers who hire people under the Accredited Employer Work Visa (AEWV) program will no longer be allowed to use the 90-day trial clause for these employees. As a result, eligible businesses ie small businesses, will need to have separate employment agreements - one for their AEWV staff with no 90-day trial clause, and another for their New Zealand staff.

However, the question remains: does this measure really address the issue of migrant exploitation? My answer is a resounding NO. In fact, it creates further disparity between NZ and non-NZ workforces.

Most of the recent cases of migrant exploitation that have been in the media did not involve job offers when the migrants arrived. Furthermore, the Ministry of Business, Innovation and Employment (MBIE) has repeatedly and openly stated that most NZ employers are doing the right thing within the immigration system, and only a handful have been exploiting it.

So why change a provision in the employment law that is an employer's right, and penalize all small businesses to punish a few bad actors?

Suspension of employer accreditation without an open investigation

The Minister has also announced that from later this year, INZ can suspend accreditation for an employer where they believe that the business is in breach of immigration and employment standards, without a formal investigation.?

This is of big concern and questions fairness.

Does this mean that INZ has now the power to cancel an employer's accreditation ie the ability to hire migrant talent, based on suspicion? I guess the devil will be in the detail which is yet to be released.

Further tightening on Triangular employers

Triangular accredited employers will now face tighter scrutiny from INZ, including the requirement to provide financial viability evidence upfront with their accreditation application.

Later this year, triangular employers in the construction sector will need to have at least 35% of their staff be New Zealanders, which is an increase from the current requirement of 15%.

Migrant Exploitation Protection Visa (MEPV)

Until March 2024, a support package comprising of short-term financial aid, welfare, and job search assistance has been introduced for holders of the Migrant Exploitation Protection Visa (MEPV).

MEPV holders are now eligible to apply for a second exploitation visa for a period of up to six months or until the expiration date of their original work visa, whichever is earlier. To be considered for the visa, applicants must fulfil the visa requirements and demonstrate that they have made reasonable efforts to secure a job that qualifies for an Accredited Employer Work Visa (AEWV).

More details on this and how to apply for this visa, can be found here - https://www.aimsglobal.co.nz/immigration-news/more-protection-for-migrant-workers

This is great news for the exploited migrants however poses two key questions in my mind - First, Will the sanctity of this MEPV visa be upheld by means of robust assessments by INZ, as for sure, many will try and exploit it? And Second, where will the funds to pay for this support system come from?

Time will tell I guess...