Migrants in limbo after employers’ accreditations are revoked, suspended

Jirarat Teachasriprasert's niece's work visa will not be processed because her employer's accreditation was revoked. Photo / Jason Oxenham

Kwanchanok Taechasriprasert came to New Zealand to seek opportunities and a better life after her Auckland-based aunt described it as “paradise”.

She enrolled in English classes for a year, followed by another year studying towards a diploma in health and wellbeing at AGI Education, which the 27-year-old Thai national aced.

Taechasriprasert had worked part-time at a rest home in Epsom while on her student visa, and was thrilled at getting a job offer from a rest home - an accredited employer - when she finished her course.

But just as she thought she was on track to start her new career, Taechasriprasert received a letter from Immigration New Zealand (INZ) stating: “It appears that your employer may not meet the definition of an accredited employer as their accreditation has been revoked.”

Because of that, her visa expires in two weeks. Taechasriprasert says her life is now in limbo and she is at a total loss about what to do.

Employers can have their accreditation revoked or suspended if they fail to comply with immigration, employment, and business standards.

“We can revoke an employer’s accreditation if breaches of accreditation standards are found,” INZ said.

Taechasriprasert told the Herald another reason she wanted to be in New Zealand was because her stepfather is a New Zealander and she wanted to live close to her mother.

She is one of thousands of people on work visas suddenly caught up in INZ’s crackdown on errant employers.

Thousands of migrant workers are linked to employers who have had their accreditations revoked or suspended. Photo / 123rf

There are 228 active investigations of accredited employers currently under way.

In figures released to the Herald, INZ said as of May 10, there were 2967 work visa holders linked to employers who have had their accreditation revoked, and 998 to employers with accreditation suspended.

There were currently 271 employers with accreditation revoked, 92 suspended and 53 more under assessment to have their accreditation either revoked or suspended.

A review of the Accredited Employer Work Visa scheme by the Public Service Commission found INZ failed to adequately assess the risk and impact of procedural changes that had been introduced to speed up visa processing times to meet the country’s post-Covid labour shortage.

In a scathing attack, Migrant Careers Support Trust founder and chairman Garry Gupta said INZ’s failures “turned expats into victims” and damaged brand New Zealand.

“It is unfair to these migrants because it is not their fault that INZ could not identify the legitimacy of the employers for accreditation,” Gupta said.

“When INZ revokes and suspends accreditation, the real victims are the migrant work visa holders whose lives are suddenly put in limbo.”

Gupta said many migrant workers would have spent thousands of dollars relocating here, and they are being “made to suffer” because of INZ’s “inadequacies”.

He said migrant workers should get an automatic extension of at least six months when their employer or would-be employer loses their accreditation.

“What they face is similar to exploitation. They would have left their jobs in their home countries to come here believing they were working for a credible accredited New Zealand employer,” Gupta said.

“Then they are being made to suffer because of INZ’s system failure... New Zealand is getting such a bad reputation overseas.”

Gupta said this “poorly implemented” visa scheme would put migrant workers off from coming here.

A Thai national had her work visa application to work at an Auckland rest home stalled because her employer's accreditation was revoked. Photo / 123rf

There are 35,134 accredited employers but as at May 6, INZ had undertaken 3429 post-accreditation checks on 2999 employers.

Taechasriprasert’s aunt Jirarat Teachasriprasert said she “felt bad” about encouraging her to move to New Zealand to study and work.

“I have lived here for many years and feel this country is like paradise, which is why I asked my niece to come, but New Zealand is no longer the paradise I know,” said Jirarat Teachasriprasert.

“Now I feel bad that I had asked her to come because she could have gone to Australia or even Singapore where it would be cheaper to study and where her career prospects would be better.”

Teachasriprasert said her niece has been crying every night since receiving INZ’s letter.

“She really tried so hard, in her studies and her work. Now through no fault of hers, she can’t get her work visa,” Teachasriprasert said. “I feel like she has been scammed.”

INZ deputy chief operating officer Jeannie Melville said if an application is on hold for reasons outside the applicant’s control or their current visa is due to expire, INZ could assist with exploring alternative options on a case-by-case basis.

Melville said there were a few options available for New Zealand-based applicants with an employer who has had their accreditation suspended or revoked.

“If an AEWV application is determined to be declined based on the employer’s accreditation being revoked, the applicant has the option to look at submitting a job change application if they hold a current AEWV and are able to secure alternative employment with another accredited employer,” she said.

“They are also able to submit a new AEWV application or another type of visa application, such as a visitor visa application.”

Melville said where an employer’s accreditation is suspended or revoked, INZ will continue to complete initial assessments on all associated AEWV applications.

If the accreditation is suspended, then any associated AEWV applications that have not been decided may be put on hold until the suspension ends.

If an AEWV has been approved and the applicant was offshore when the employer’s accreditation is revoked, then the visa may be cancelled.

“If the applicant is in New Zealand, they will be able to continue working for the employer for the validity of their current visa. However, they will not be able to extend or reapply to work for the same employer until the employer is granted a new accreditation,” Melville said.

“Allowing AEWV holders to continue to work for their employer ensures they aren’t adversely affected by the actions of their employer. It also means migrants aren’t disincentivised from disclosing any employer non-compliance they are aware of.”