Migrant Workers Association president Anu Kaloti, left, says their rights have gone backward under this government. Photo: Migrant workers Association of Aotearoa
The Green Party says the Immigration Minister has flip-flopped on its help for exploited migrant workers.
Last week, Erica Stanford announced plans to tighten the Migrant Exploitation Protection Work Visa (MEPV), including removing people's ability to apply for a second visa.
The visa was introduced in 2021 under the Labour-Green coalition, and gave exploited migrants open-work rights for six months, with a possibility to extend that for another six months.
Greens immigration spokesperson Ricardo Menéndez March questioned Stanford's change of heart at the House on Tuesday.
While in opposition, Stanford had indicated a longer open-work visa was more appropriate, he said.
"Erica has made a lot of noise about how the previous government wasn't doing enough to support exploited migrants, including calling for the migrant exploitation protection visa to be a three-year visa," Menéndez March told RNZ.
"Instead of better supporting migrants, she's choosing to pull the rug under our migrant communities and deprive people [with] critical support to leave exploitative situations."
Six months was not enough time for many people to find alternative employment, to switch cities or find mental health support after experiencing exploitation, he said.
The government needed to provide them with more support, including income support and decoupling work visas from single employers.
Immigration Minister Erica Stanford says six months is a reasonable amount of time for exploited migrants to find work. Photo: RNZ / Samuel Rillstone
Six months is long enough - Stanford
In response, Stanford said the introduction in April of minimum English and experience requirements for low-skilled roles, along with the recent changes were designed to reduce the risk of exploitation.
"The advice that I've been given since I've become the minister is that the migrant exploitation visa period of 12 months is too long to leave a migrant without work, especially without work for an accredited employer where we have oversight," she said.
Stanford noted that six months was a reasonable amount of time for someone to look for work and gain employment.
"The moves that we've made in the last week is to make sure that there is an acceptable and reasonable period of time for them to find employment, and if they do not have the skills and experience to find employment after six months, then it's time to leave New Zealand."
When asked if she had spoken to any exploited migrants, unions or workers' rights advocates, Stanford said her officials undertook communications with a range of bodies and migrants, and she had taken their advice on board in making the changes.
Migrant Workers Association president Anu Kaloti said the decision to remove the ability to apply for another visa was disappointing.
"We've gone backwards. It feels like this government is punishing those who are already a victim of fraud, scams and migrant exploitation.
"That 12 months is really essential...It would be better if the remaining duration of the exploited migrants' visa can be open, so they actually have longer than 12 months...We're extremely disappointed and this is just terrible. It's just making a bad situation worse."
Kaloti said she understood the government was concerned the visa system could be abused by some workers, but measures could be put in place to assess if a worker had been exploited.
First Union general secretary Dennis Maga said the government's move was problematic and it was "out of touch".
"What I've been hearing from our people, especially those who are handling those cases, is that migrant workers' exploitation cannot be resolved in six months."
The new visa restrictions were going to be a problem for migrant workers pursuing cases against their employers if they had to leave the country after six months, he said.
People who had been exploited could feel scared and have lost confidence about going back into the workforce, and there needed to be a system to support them, he said.
"I don't know if [Stanford] has actually assisted someone who was exploited."
The government should support exploited migrants' mental health, and pass legislation to deal with exploitation, including a bill that would make it a crime for employers to steal workers' wages.
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